1. (1) Complainant – A person who is alleged to be the victim of conduct that could constitute sexual harassment. A complainant may also be referred to as a party.
2. (2) Consent – An active agreement to participate in a sexual act. An active agreement is words and/or actions that indicate a willingness to participate in a sexual act. Consent cannot be given by an individual who is asleep; unconscious; or mentally or physically incapacitated, either through the effect of drugs or alcohol or for any other reason; or is under duress, threat, coercion, or force. Past consent does not imply future consent. Silence or an absence of resistance does not imply consent. Consent can be withdrawn at any time.

3. (3) Education program or activity –

   1. (a) Buildings or other locations that are part of the school’s operations, including remote learning platforms;
   2. (b) Off-campus settings if the school exercised substantial control over the respondent and the context in which the alleged sexual harassment occurred (e.g., a school field trip to a museum); and
   3. (c) Off-campus buildings owned or controlled by a student organization officially recognized by a postsecondary school, such as a building owned by TRCS.

4. (4) Force/Forced – Words and/or conduct that, viewed from the perspective of a reasonable person, substantially impair(s) a person’s ability to voluntarily choose whether to take an action or participate in an activity. Examples of force include, without limitation: physical force (e.g., hitting, punching, slapping, kicking, restraining, choking, kidnapping, using a weapon, blocking access to an exit);

   1. (a) Words and/or conduct that would cause a reasonable person to fear:

      1. 1. Physical force or other harm to the person’s health, safety, or property, or a third person’s health, safety, or property;
      2. 2. Loss or impairment of an academic benefit, employment benefit, or money;
      3. 3. Disclosure of sensitive personal information or information that would harm a person’s reputation;
      4. 4. Disclosure of video, audio, or an image that depicts the person’s nudity or depicts the person engaging in a sexual act(s); or
      5. 5. Other immediate or future physical, emotional, reputational, financial, or other harm to the person or a third person.
5. (5) Formal complaint – A document filed by a complainant or signed by the Title IX Coordinator alleging sexual harassment against a respondent and requesting that the TRCS or the TRCS institution investigate the allegation. At the time of filing a formal complaint, a complainant either must be participating in or attempting to participate in the TRCS or TRCS institution’s education program or activity implicated by the formal complaint.
6. (6) Incapacitation – A person lacks the ability to actively agree to a sexual act because the person is asleep, unconscious, under the influence of an anesthetizing or intoxicating substance such that the person does not have control over their body, is otherwise unaware that a sexual act is occurring, or their mental, physical, or developmental abilities renders them incapable of making a rational informed judgment. Incapacitation is not the same as legal intoxication.
7. (7) Respondent – A person who has been alleged to be a perpetrator of conduct that could constitute sexual harassment. A respondent may also be referred to as a party.
8. (8) Retaliation – To intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by these rules or by Title IX, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing. Intimidation, threats, coercion, or discrimination, including charges against an individual 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 these rules constitutes retaliation.

9. (9) Sexual harassment – Conduct on the basis of sex that satisfies one (1) or more of the following:

   1. (a) An employee of TRCS conditioning the provision of an aid, benefit, or service on an individual’s participation in unwelcome sexual conduct;
   2. (b) Unwelcome conduct of a sexual nature determined by a reasonable person to be so severe, pervasive and objectively offensive that it effectively denies a person equal access to the institution’s education program or activity; or
   3. (c) Sexual assault as defined by federal law, dating violence as defined by federal law, domestic violence as defined by state or federal law, or stalking as defined by federal law.
10. (10) Tennessee Rehabilitation Center at Smyrna (TRCS) – A resource and residential campus for adult learners with disabilities who are ready to build job skills, gain certifications or achieve credentials that lead to employment success in the current labor market. Operated by the Division of Rehabilitation Services at the Tennessee Department of Human Services, the center utilizes a Career and Technical Education approach and offers Employment Development Skills courses that emphasize customer service, self-advocacy, social, wellness and soft skills necessary to maintain employment and elevate independence. The center also provides Transitional Services for the Blind that focus on functional and foundational skills for students who are blind or visually impaired.

Authority: T.C.A. §§ 4-5-101, et seq., 4-5-202, et seq., 49-11-604, and 49-11-801, et seq.; 20 U.S.C. §§ 1681-1688; and 34 C.F.R. Part 106. Administrative History: New rules filed February 5, 2026; effective May 6, 2026.