保密及私隐

TSU makes every effort to preserve the privacy of reports of alleged sexual harassment/歧视. For the purpose of the Title XI policy, privacy and confidentiality have distinct meanings.

隐私 means that information related to a Complaint will be shared with a limited number of TSU employees who “need to know” in order to assist in the assessment, 调查, 以及报告的决议.

All employees who are involved in TSU’s institutional response under this policy receive specific training and guidance about sharing and safeguarding private information in accordance with state and federal law. The privacy of student education records will be protected in accordance with the Family Educational Rights and 隐私 Act (“FERPA”), 如TSU的FERPA政策所述. The privacy of employee records will be protected in accordance with 人力资源 policies.

保密 exists in the context of laws that protect certain relationships, including those who provide services related to medical and clinical care, 心理健康提供者, 辅导员, 律师, 被任命的神职人员. The law creates a privilege between certain health care providers, 精神卫生保健提供者, 律师, 神职人员, 和其他人, 和他们的病人, 客户, 和教区居民. The University Counseling Center and Univeristy Counseling Center are confidential resources 在哪里 communications between employees and students related to sexual harassment, 约会/家庭暴力, 性侵犯, 否则跟踪就是特权.

When information is shared by a Complainant with the confidential resource, the confidential resource cannot reveal the information to any third party, except 当 an applicable law or a court order requires or permits disclosure of such information. 例如，在以下情况下可能会披露信息：

个人书面同意披露；
there is a concern that the individual will likely cause serious physical harm to self or others; or
the information concerns conduct involving suspected abuse or neglect of a minor under the age of 18, 老年人, 或者残疾人士.

Non-identifiable information may be shared by confidential resources for statistical tracking purposes as required by the Clery Act. 根据法律规定，其他信息可能会被共享.

TSU will not share the identity of any individual who has made a report or complaint of harassment, 歧视, or retaliation; any Complainant, 任何被, 或者任何证人, except as permitted by the Family Educational Rights and 隐私 Act (FERPA) or as required by law, 或执行第九条（34 CFR Part 106）的目的, 包括进行任何调查, 听力, or grievance proceeding arising under TSU policies and procedures.

Information will be shared as necessary with 第九条 investigators, 决策者, 目击者, 及有关各方. The circle of people with this knowledge will be kept as tight as possible to preserve the parties’ privacy.

同意

定义同意

在TSU, 只有达到法定年龄的人才能表示同意, cannot occur 当 a person is mentally or physically incapacitated (which includes intoxication), 并要求各方都了解谁, 什么, 当, 在哪里, 为什么, 以及性的互动.

同意的是:

知道
自愿的,和
明确的许可
通过言语或行动
从事性活动

Since individuals may experience the same interaction in different ways, it is the responsibility of each party to determine that the other has consented before engaging in the activity.

同意是有效的, there must be a clear expression in words or actions that the other individual consented to that specific sexual conduct. 可以隐含合理的回报. 例如, 如果有人吻你, you can kiss them back (if you want to) without the need to explicitly obtain their consent to being kissed back.

一旦同意，也可以撤回, as long as the withdrawal is reasonably and clearly communicated. 如果撤回同意，性行为应该停止.

同意 to some sexual contact (such as kissing or fondling) cannot be presumed to be consent for other sexual activity (such as intercourse). A current or previous intimate relationship is not sufficient to constitute consent.

Proof of consent or non-consent is not a burden placed on either party involved in an incident. Instead, the burden remains on TSU to determine whether its policy has been violated. The existence of consent is based on the totality of the circumstances evaluated from the perspective of a reasonable person in the same or similar circumstances, including the context in which the alleged incident occurred and any similar, 以前的模式可能被证明.

Obtaining and giving consent is the most important part of protecting yourself against sexual violence. The following list are some examples of how to gain consent from and give consent to your intimate partners:

澄清或总结他人分享的内容
沟通你的期望和限制
Asking for permission, approval, or acceptance 当 seeking intimacy
理解某人为什么做某事或选择某事
用身体亲密的行为来表达不舒服的
在清醒的时候谈论性亲密
确认对方的感受
从小决定开始
当你想停下来、慢下来或等待的时候分享

酒精和毒品对同意的影响

The use of alcohol or drugs never makes a victim at fault for an act of sexual harassment, 歧视, 或暴力.

学生 should be aware that alcohol and other drugs influence behavior and alter an individual's ability to give consent to sexual acts.

提交报告

大学报告选择：

州和联邦报告选项：

保密及私隐

同意

定义同意

酒精和毒品对同意的影响