- (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 sex discrimination as described in 0240-07-06-.05.
Authority: T.C.A. §§ 49-8-101(a)(2)(A), 49-8-203(a)(1)(D), and 49-8-203(a)(4). Administrative History: 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 March 31, 2021.