CAMPUS SECURITY REPORT
2020
Reporting Period January 1, 2019 to December 31, 2019
Prepared by: Ray Higginbotham, Director of Public Safety
6015 Ledford Mill Road
P.O. Box 8500, Dept.
TABLE OF CONTENTS
Crime Statistics: Statement Concerning Law Enforcement (All Campuses) ........................................................................ ...2
Crime Statistics [34 CFR §668.46(b)(1)] (All Campuses) ....................................................................................................... .2
How to Report Criminal Offenses [34 CFR §668.46(b)(2)] (All Campuses) .......................................................................... .2
Law Enforcement Agency Contacts by Campus Location ...................................................................................................... ..3
Campus Security Authorities .................................................................................................................................................... .3
Timely Warnings [34 CFR §668.46(b)(2)(i)] (All Campuses) ................................................................................................ 4
Preparation of Disclosure of Crime Statistics [34 CFR §668.46(b)(2)(ii)] (All Campuses) ................................................. .5
Voluntary Confidential Reporting of Crimes [34 CFR §668.46(b)(2)(iii)] (All Campuses) .................................................. .5
Security and Access [34 CFR §668.46(b)(3)] (All Campuses) ................................................................................................ 5
Campus Law Enforcement Authority [34 CFR §668.46(b)(4)(i)] (All Campuses) ............................................................... ..6
Memorandum of Understanding (MOU) with Local Law Enforcement [34 CFR §668.46(b)(4)(i)] (All Campuses) ........ ..6
Encouragement of Accurate and Prompt Crime Reporting [34 CFR §668.46(b)(4)(ii)](All Campuses) ........................... ..6
Security Awareness Programs for Students and Employees [34 CFR §668.46(b)(5)] (All Campuses) ........................... ...7
Programs Designed to Inform Students and Employees About Prevention of Crime [34 CFR §668.46(b)(6)] (All
Campuses) ............................................................................................................................................................................... ...7
Monitoring Off-campus Student Organizations [34 CFR §668.46(b)(7)] (All Campuses) ................................................ ...7
Alcohol and Illegal Drugs [34 CFR §668.46(b)(8) & (b)(9)](All Campuses) ...................................................................... ..7
Policy Statement Addressing Substance Abuse Education [34 CFR §668.46(b)(10)](All Campuses) ............................. ...9
Sexual Misconduct [34 CFR §668.46(b)(11)] (All Campuses) ............................................................................................. 11
Definitions .......................................................................................................................................................................... 11
Sexual Misconduct Educational Programs and Campaigns [34 CFR §668.46(b)(11)(i)] (All Campuses) ...................13
Procedures Victims Should Follow If A Sex Offense Occurs [34 CFR §668.46(b)(11)(ii)] ................................................ 14
Reporting Sexual Misconduct [34 CFR §668.46(b)(11)(ii)] (All Campuses)...................................................................... 15
Investigation Requirements and Procedures [34 CFR §668.46(b)(11)(ii)] (All Campuses) ........................................ 20
Outcome of Inquiry and Determination of Appropriate Action ...................................................................................... 22
Timeframe for Conducting the Inquiry ............................................................................................................................. 22
Effect of A Finding Of A Violation of This Policy [34 CFR §668.46(b)(11)(vii)](All Campuses) .................................. 25
Interim Measures [34 CFR §668.46(b)(11)(v)] (All Campuses) ......................................................................................... 26
Sex Offender Registration [34 CFR §668.46(b)(12)] (All Campuses) ................................................................................. 26
Emergency Response and Evacuation Procedures [34 CFR §668.46(b)(13)] (All Campuses) ......................................... 27
Missing Student Notification Procedures [34 CFR §668.46(b)(14)] (All Campuses) ........................................................ 27
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The following is the annual Campus Security Report for Motlow State Community College for the
year 2018. The Motlow State Community College Public Safety Department prepares this annual
report to comply with the Jeanne Clery Disclosure of Campus Security Policy and Crime Statistics Act.
The report can also be accessed on the College’s web page at:
http://www.mscc.edu/security/index.aspx. This report contains security policies, procedures, and
guidelines. Crime statistics for the period of 2017-2019 are included in the report. These statistics
are based on incidents reported at four (4) campus locations. You may request a paper copy from
the Motlow State Public Safety Department, located on the Moore County campus at 6015 Ledford
Mill Road, Tullahoma, Tennessee, 37388.
Crime Statistics: Statement Concerning Law Enforcement (All Campuses)
Motlow State Community College does have the Motlow State Public Safety Department. The
Department is authorized as a law enforcement agency. The College also utilizes local law
enforcement agencies as deemed necessary. The following is a list of Motlow campuses, along
with the outside law enforcement agencies with concurrent jurisdiction over each campus:
The Fayetteville campus is located in the City of Fayetteville, and is under the
concurrent jurisdiction of the Fayetteville Police Department, 308 Market Street
West, Fayetteville, Tennessee, 37334.
The McMinnville campus is located in the City of McMinnville, and is under the
concurrent jurisdiction of the McMinnville Police Department, 204 Red Road, P.O.
Box 7088, McMinnville, Tennessee, 37111.
The Moore County campus is located in Metropolitan Moore County, and is under
the concurrent jurisdiction of the Metropolitan Moore County Sheriff’s Department,
58 South Elm Street, Lynchburg, Tennessee 37352-8323.
The Smyrna Campus is located in the City of Smyrna, and is under the concurrent
jurisdiction of the Smyrna Police Department, 400 Enon Springs Road East, Smyrna,
Tennessee 37167.
Crime Statistics [34 CFR §668.46(b)(1)] (All Campuses)
Motlow State Community College has published the crime statistics described in 34 CFR
668.46(c) for the last three (3) year reporting periods for all campuses on its website at
http://www.mscc.edu/security/index.aspx. Additionally, copies of the crime statistics for the
reporting period covered under this report, along with aerial maps of each campus
geographical areas have been included as Appendix A of this report.
How to Report Criminal Offenses [34 CFR §668.46(b)(2)] (All Campuses)
To report an emergency, always dial 9-911. To report a crime to the local law enforcement
agency, contact the numbers listed below depending on your campus location. Any suspicious
activity or person(s) seen in the parking lots or loitering around vehicles and inside buildings
should be reported to the Motlow State Public Safety Department, at 931-393-1737.
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Law Enforcement Agency Contacts by Campus Location:
Fayetteville Campus
Fayetteville Police Department
931-438-7771
McMinnville Campus
McMinnville Police Department
931-668-7000
Moore County Campus
Moore County Sheriff’s Department
931-759-7323
Smyrna Campus
Smyrna Police Department
615-459-6644
Campus Security Authorities:
In addition to reporting crimes to local law enforcement, a crime may be reported to any
institutional campus security authority (CSA). The Campus Security Authorities for Motlow
State Community College are listed below:
Josh Caldwell
931-433-9343
Dawn Copeland
931-433-1699
Michael Hartman
931-433-9360
Cynthia Jackson
931-433-9346
Allen Rhodes
931-433-9374
Debra Smith
931-438-9766
Lisa Smith
931-433-9350
Joe Brown
McMinnville Campus
931-393-1632
Laura Brown
931-668-2145
Dayron Deaton-Owens
931-668-2126
Melody Edmonds
931-668-7010
Sharon Edwards
sedwards1@mscc.edu
931-668-2113
Nickie Fanning
nfanning@mscc.edu
931-668-2145
Larry Flatt
lflatt@mscc.edu
931-393-1720
Gregg Garrison
ggarrison@mscc.edu
931-668-2120
Misty Mazzie
mmazzie@mscc.edu
931-668-2114
Sally Pack
spack@mscc.edu
931-668-2133
Fred Rascoe
frascoe@mscc.edu
931-668-2123
Allen Sanders
asanders@mscc.edu
931-668-2140
David Bethea
Moore County Campus
dbethea@mscc.edu
931-393-1616
David Bowlby
dbowlby@mscc.edu
931-393-1726
Belinda Champion
bchampion@mscc.edu
931-393-1765
Lucy Craig
lcraig@mscc.edu
931-393-1567
Roxanne Evans
revans@mscc.edu
931-393-1769
Stephen Guerin
sguerin@mscc.edu
931-393-1703
Pamela Harris
pharris@mscc.edu
931-393-1835
Pat Hendrix
phendrix@mscc.edu
931-393-1664
Ray Higginbotham
rhigginbotham@mscc.edu
931-393-1737
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Moore County Campus (Continued)
Arthur Latham
alatham@mscc.edu
931-393-1847
Andy Lyon
alyon@mscc.edu
931-393-1622
Kyle Macon
kmacon@mscc.edu
931-393-1623
Sherri Mason
smason@mscc.edu
931-393-1764
Dan McShea
dmcshea@mscc.edu
931-393-1615
Janice Morey
jmorey@mscc.edu
931-393-1617
Brian Robinson
brobinson@mscc.edu
931-393-1674
Emily Seal
eseal@mscc.edu
931-393-7838
Scott Shasteen
sshasteen@mscc.edu
931-393-1605
Hilda Tunstill
htunstill@mscc.edu
931-393-1573
Smyrna Campus
Nick Bush
nbush@mscc.edu
615-220-7833
Elizabeth Fitch
efitch@mscc.edu
615-220-7818
Kevin Fitch
kfitch@mscc.edu
615-220-7824
Jonathan Graham
jgraham@mscc.edu
615-220-7839
Paige Hendrickson
phendrickson@mscc.edu
615-220-7815
Erica Lee
elee@mscc.edu
615-220-7848
Sidney McPhee
smcphee@mscc.edu
615-220-7853
Brian Mitchell
bmitchell@mscc.edu
615-220-7825
Veronica Mitchell
vmitchell@mscc.edu
615-220-7866
George Ortega
gortega@mscc.edu
615-220-7835
Barbara Scales
bscales@mscc.edu
615-220-7976
Gary Winton
gwinton@mscc.edu
615-220-7803
Timely Warnings [34 CFR §668.46(b)(2)(i)] (All Campuses)
If a situation arises, either on or off campus, that, in the judgment of the Director of Public
Safety or campus management constitutes an ongoing or continuing threat, a campus wide
“timely warning” will be issued. The warning(s) will be issued through the “MOTLOW ALERT”
system, Motlow’s Facebook page, and the Motlow website:
http://www.mscc.edu/security/index.aspx.
The Executive Vice President of Finance & Administration should be contacted to initiate a
timely warning. Timely warnings may be issued by the Director of Public Safety and/or the
Chief Information Officer.
Anyone with information warranting a timely warning should immediately report the
circumstances to the Director of the Motlow State Public Safety Department, 931-393-1737. The
Director of the Motlow State Public Safety Department will coordinate with the Executive Vice
President of Finance & Administration to determine whether a timely warning will be issued.
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Preparation of Disclosure of Crime Statistics [34 CFR §668.46(b)(2)(ii)] (All Campuses)
The Director of the Motlow State Public Safety Department prepares this report to comply with
the Jeanne Clery Disclosure of Campus Security Policy and Crime Statistics Act. The full text of
this report can be located on our website at http://www.mscc.edu/security/index.aspx.
The report is prepared in cooperation with the local law enforcement agencies surrounding each
of the Motlow campuses. Campus crime, arrest, and referral statistics include those reported to
the campus officials and local law enforcement agencies. Upon completion of the Annual Security
Report, an e-mail notification is made to all enrolled students, faculty and staff that provide the
website to access this report. Copies of the report may also be obtained at the main office of the
Motlow State Public Safety Department located at 6015 Ledford Mill Road, Tullahoma, Tennessee
37388, or by calling 931-393-1737.
Voluntary Confidential Reporting of Crimes [34 CFR §668.46(b)(2)(iii)] (All Campuses)
Motlow State Community College does not have procedures for voluntary, confidential reporting
of crime statistics, except in cases of sexual misconduct. Violations of the law will be referred to
the Motlow State Public Safety Department, local law enforcement agencies, and when
appropriate, to the appropriate disciplinary committee for review. When a potentially dangerous
threat to the college community arises, timely reports or warnings will be issued. All reports of
criminal activity will be investigated.
Motlow State Community College encourages anyone who is the victim or witness or has
knowledge of any crime to promptly report the incident. The confidentiality of persons reporting
criminal activity may be requested. Confidentiality will be respected whenever possible, but it
cannot be ensured, depending on the nature of the crime reported.
Security and Access [34 CFR §668.46(b)(3)] (All Campuses)
During business hours, the College will be open to students, parents, employees, contractors,
guests and invitees. During non-business hours, access to all college facilities is by key, if issued.
Some facilities may have individual hours, which may vary at different times of the year. In these
cases, the facilities will be secured according to schedules developed by the person responsible
for the facility. Emergencies may necessitate changes or alterations to any posted schedules.
Safety and security have been considered in the landscape and lighting of the campus. All
maintenance needs are reported to the Director of Facility Services, at 931-393-1575. Any
identified security concern will be evaluated by the appropriate facilities personnel and/or the
appropriate personnel from the Motlow State Public Safety Department. These evaluations
examine security issues such as landscaping, locks, alarms, lighting, and communications.
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Campus Law Enforcement Authority [34 CFR §668.46(b)(4)(i)] (All Campuses)
All Motlow State Public Safety Department personnel are commissioned law enforcement
officers, commissioned by the Tennessee Peace Officer Standards and Training (POST)
Commission. They have law enforcement authority and jurisdiction on all Motlow campuses and
all Motlow State Community College property. All Motlow State Public Safety Department
personnel maintain a highly professional working relationship with each of the local law
enforcement agencies in the communities of each campus location and work together with those
agencies whenever necessary.
All crime victims and witnesses are strongly encouraged to report the crime to either the Motlow
State Public Safety Department, a Campus Security Authority (CSA), or the appropriate law
enforcement agency immediately. Prompt reporting will assure timely warning notices on-
campus and timely disclosure of crime statistics. The following law enforcement agencies have
concurrent jurisdiction on Motlow campuses, and they also have law enforcement authority on
the campus where they have concurrent jurisdiction:
Fayetteville Police Department, Lincoln County Sheriff’s Department Fayetteville campus
McMinnville Police Department, Warren County Sheriff’s Department McMinnville campus
Metropolitan Moore County Sheriff’s Department Moore County Campus
Smyrna Police Department, Rutherford County Sheriff’s Department Smyrna campus
Memorandum of Understanding (MOU) with Local Law Enforcement [34 CFR
§668.46(b)(4)(i)] (All Campuses)
The Motlow State Public Safety Department staff maintains a close working relationship with the
local law enforcement agencies having concurrent jurisdiction on all campuses. There are
written memorandums of understanding between Motlow State Community College and the law
enforcement agencies having concurrent jurisdiction at each campus location. The
memorandums of understanding are on file at Motlow State Community College and at each law
enforcement agency.
Encouragement of Accurate and Prompt Crime Reporting [34 CFR §668.46(b)(4)(ii)] (All
Campuses)
The campus community (students, faculty and staff) are to report any criminal behavior or
suspected criminal acts promptly to the Motlow State Public Safety Department for
investigation. In the event an emergency is occurring, call 9-911 to obtain immediate assistance
from the appropriate local law enforcement agency, and then contact the Director of the
Motlow State Public Safety Department, at 931-393-1737. It is a core objective of Motlow State
Community College to maintain a safe environment for the entire campus population and public
visitors. To ensure this, each person must take the proper reporting of criminal activity
seriously and act promptly.
All incident reports are forwarded to the Motlow State Public Safety Department for review and
potential action. Local law enforcement may be asked to investigate a report when it is deemed
6
appropriate. Additional information obtained via the investigation may also be forwarded to
student services and/or human resources as necessary.
If you are the victim of a crime and do not want to pursue action within the college system or
the criminal justice system, you may still want to consider making a confidential report. With
your permission, the local law enforcement agency can file a report on the details of the incident
without revealing your identity. The purpose of a confidential report is to comply with your
wish to keep the matter confidential, while taking steps to ensure the future safety of yourself
and others.
With such information, Motlow State Community College can keep an accurate record of the
number of incidents involving students, determine where there is a pattern of crime regarding a
specific location, method, or assailant, and alert the campus community to any potential danger.
Reports filed in this manner are counted and disclosed in the institution’s annual crimes
statistics.
Community members, students, faculty, staff, and guests are encouraged to report all crimes and
public safety related incidents to the Motlow State Public Safety Department, at 931-393-
1737, in a timely manner. Promptly reporting a crime increases the chance of the suspect, or
suspects, being apprehended and will aid in preventing future criminal activity.
Security Awareness Programs for Students and Employees [34 CFR §668.46(b)(5)] (All
Campuses)
Members of the Motlow State Public Safety Department staff conduct security and safety
awareness programs during convocations, coordinated assemblies, employee orientations,
student classes, and other events throughout the year.
Programs Designed to Inform Students and Employees About Prevention of Crime [34 CFR
§668.46(b)(6)] (All Campuses)
Helpful tips and suggestions for crime prevention are available on the Motlow State Public
Safety Department website, http://www.mscc.edu/security/index.aspx.
Monitoring Off-campus Student Organizations [34 CFR §668.46(b)(7)] (All Campuses)
Motlow State Community College does not have officially recognized student organizations with
off-campus locations.
Alcohol and Illegal Drugs [34 CFR §668.46(b)(8) & (b)(9)] (All Campuses)
Motlow State Community College students and employees are prohibited from engaging in the
unlawful manufacture, distribution, dispensation, possession, use of or being under the
influence of illicit drugs and/or alcohol on any Motlow campus, property owned or controlled
by Motlow, or as part of any Motlow activity.
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A. Penalties for Violation
1. Legal Sanctions under Federal, State or Local Law
Various federal, state, and local statutes make it unlawful to manufacture,
distribute, dispense, deliver, sell, or possess with intent to manufacture,
distribute, dispense, deliver or sell, controlled substances. The penalty imposed
depends upon many factors which include the type and amount of controlled
substance involved; the number of prior offenses, if any; whether death or serious
bodily injury resulted from the use of such substance; and whether any other
crimes were committed in connection with the use of the controlled substance.
Possible maximum penalties for a first-time violation include imprisonment for
any period up to a term of life imprisonment, a fine of up to $4,000,000, supervised
release, any combination of the above or all three. These sanctions are doubled
when the offense involves either: (1) distribution or possession at or near a school
or college campus; or (2) distribution to persons less than 21 years of age. Repeat
offenders may be punished to a greater extent as provided by statute. Further, a
civil penalty of up to $10,000 may be assessed for simple possession of “personal
use amounts” of certain specified substances under federal law. Under state law,
the offense of possession or casual exchange is punishable as a Class A
misdemeanor; if there is an exchange between a minor and an adult at least two
(2) years the minor’s senior, and the adult knew that the person was a minor, the
offense is classified a felony as provided in TCA § 39-17-417. (21 U.S.C. 801, et.
Seq.; TCA § 39-12-417) It is unlawful for any person under the age of twenty-one
(21) to buy, possess, transport (unless in the course of his or her employment), or
consume alcoholic beverages, wine or beer, such offenses being classified as Class
A misdemeanors punishable by imprisonment for not more than 11 months, 29
days, or a fine of not more than $2,500, or both. (TCA § 1-3-113 and TCA § 57-5-
301) It is further an offense to provide alcoholic beverages to any person under
the age of twenty-one (21), such offense being classified a Class A misdemeanor.
(TCA § 39-15-404) The offense of public intoxication is a Class C misdemeanor
punishable by imprisonment of not more than 30 days or a fine of not more than
$50, or both. (TCA § 39-17-310)
2. Students
In addition to penalties students may be subject to under local, state or federal law,
students violating this policy will be subject to disciplinary action, including, but
not necessarily limited to:
a. Warning
b. Probation
c. Reprimand
d. Referral for prosecution
e. Expulsion from school
8
3. Employees
In addition to penalties employees may be subject to under local, state or federal
law, employees violating this policy will be subject to disciplinary action, including
but not limited to:
a. Letter of Warning
b. Probation
c. Suspension without pay
d. Recommendation for professional counseling
e. Referral for prosecution
f. Demotion
g. Termination
As a condition of employment, employees, including student employees, must
abide by the terms of this policy and must notify their supervisor of any criminal
drug statute or alcohol abuse conviction for a violation occurring in the workplace
no later than five (5) days after such conviction.
B. Dissemination of Policy
1. Employees
a. The Human Resources office will provide new employees with a copy of this
policy, as part of the new employees’ orientation.
b. New employees will sign orientation forms acknowledging that the policy was
disseminated as part of their orientation.
c. The Human Resources office will send e-mail copies of this policy annually to
all employees with e-mail access. Supervisors of employees without e-mail
access will distribute paper copies to those employees.
2. Students
a. A copy of this policy will be included in the Motlow “Student Handbook” and
on the college’s web page http://www.mscc.edu/policies/.
b. The student services and enrollment management office will provide new
students with a copy of this policy, as part of the new student’s
orientation.
C. Violations
1. Supervisor Notification of Human Resources
Any supervisor becoming aware of an employee violation of this policy, whether
by virtue of notification by an employee of a conviction or by other means, will
immediately notify the Director of Human Resources.
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2. Employees Funded by Federal Grants
The Director of Human Resources will notify the appropriate sponsor or granting
agency within ten days after the college receives actual notice of an employee
conviction.
Policy Statement Addressing Substance Abuse Education [34 CFR §668.46(b)(10)] (All
Campuses)
A. General
Drug and Alcohol Awareness
Motlow State Community College is committed to raising the awareness of students
and employees of the health risks associated with the use of illicit drugs and the abuse
of alcohol.
A synopsis of those health risks is provided below.
B. Alcohol
Alcoholism is a complex, progressive disease that interferes with health, social and
economic functioning. Untreated alcoholism results in physical incapacity, permanent
mental damage and/or premature death. Alcohol is involved in one-third of all suicides,
one-half of all traffic accidents and one-fourth of all other accidents and is involved in
over 50% of all arrests. Alcohol is the third leading cause of birth defects involving
mental retardation. Use during pregnancy may cause spontaneous abortion, various
birth defects or fetal alcohol syndrome. Drinking is implicated in cancer, heart disease,
gastrointestinal disease and other illnesses. Alcoholism has been estimated to reduce
life expectancy by twelve years. Alcohol Beverage can damage all body organs, leading
to liver, heart and digestive problems, circulatory system interference, change in
personality, reproductive problems and central nervous system disorder such as poor
vision, loss of coordination, memory loss, loss of sensation, mental and physical
disturbances and permanent brain damage. The physical and psychological changes
that occur as a result of addiction to alcohol can pave the way for addiction to
pharmacologically similar drugs.
C. Illicit Drugs
The use of illicit drugs results in many of the health risks that are involved with alcohol
use. Illicit drug use increases the risk of mental deterioration, death from overdose,
physical and mental dependence or addiction, hepatitis and skin infections from needle
use, psychotic reactions, inducement to take stronger drugs, brain damage, danger of
flashback phenomenon, hallucinations, unconsciousness, deep depression, distortion
of time and space, permanent damage to lungs, brain, kidneys and liver, death from
10
suffocation or choking, anemia, amnesia, AIDS and other infections. If used excessively,
the use of alcohol and drugs singly or in certain combinations may cause death.
D. Counseling, Treatment and Rehabilitation Programs
The Human Resources Department will assist students and/or employees by providing
information concerning treatment resources in the surrounding area and assisting
individuals in making initial contact with treatment providers. Regular employees may
also use the Employee Assistance Program (EAP) by calling Optum at 1-855-437-3486,
or on the web at http://www.here4tn.com/. Additional information concerning the
EAP is available in the office of Human Resources .
Sexual Misconduct [34 CFR §668.46(b)(11)] (All Campuses)
Sexual misconduct is a form of sex discrimination prohibited by Title IX. Motlow State
Community College is committed to eliminating any and all acts of sexual misconduct and
discrimination on its campuses. As set forth in this policy, sexual misconduct includes Title IX
Sexual Harassment, Dating Violence, Domestic Violence, Stalking, and Sexual Assault. Motlow
State Community College strictly prohibits these type offenses.
Definitions:
Consentan informed decision, freely given, made through mutually understandable words
or actions that indicate a willingness to participate in mutually agreed upon sexual activity.
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.
Dating Violenceviolence against a person when the accuser and accused are dating, or who
have dated, or who have or had a sexual relationship. “Dating” and “dated” do not include
fraternization between two (2) individuals solely in a business or non-romantic social context.
Violence includes, but is not necessarily limited to:
1. Inflicting, or attempting to inflict, physical injury on the accuser by other
than accidental means;
2. Placing the accuser in fear of physical harm;
3. Physical restraint;
4. Malicious damage to the personal property of the accuser, including
inflicting, or attempting to inflict, physical injury on any animal owned,
possessed, leased, kept, or held by the accuser; or,
5. Placing a victim in fear of physical harm to any animal owned, possessed,
leased, kept, or held by the accuserTCA § 36-3-601(5)(c); or,
6. Placing a victim in fear of physical harm to another person: friends, family,
or associate.
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Domestic Violence Victimviolence against a person when the accuser and accused:
1. Are current of former spouses;
2. Live together or have lived together;
3. Are related by blood or adoption;
4. Are related or were formally related by marriage; or,
5. Are adult or minor children of a person in a relationship described above.
Domestic Violence includes, but is not necessarily limited to:
1. Inflicting, or attempting to inflict, physical injury on the accuser by other than
accidental means;
2. Placing the accuser in fear of physical harm;
3. Physical restraint;
4. Malicious damage to the personal property of the accuser, including inflicting,
or attempting to inflict, physical injury on any animal owned, possessed,
leased, kept, or held by the accuser; or,
5. Placing the accuser in fear of physical harm to any animal owned, possessed,
leased, kept, or held by the accuserTCA § 36-3-601; or,
6. Placing a victim in fear of physical harm to another person: friends, family, or
associate.
Sexual Assaultthe nonconsensual sexual contact with the accuser by the accused, or the
accused by the accuser when force or coercion is used to accomplish the act, the sexual contact
is accomplished without consent of the accuser, and the accused knows or has reason to know
at the time of the contact that the accuser did not or could not consent. Sexual contact includes,
but is not limited to, the intentional touching of the accuser’s,
Sexual Misconductfor the purposes of this policy, “sexual misconduct” is defined as dating
violence, domestic violence, stalking, and sexual assault.
Stalking—a willful course of conduct involving repeated or continuing harassment of another
individual that would cause a reasonable person to feel terrorized, frightened, intimidated,
threatened, harassed, or molested, and that actually causes the accuser to feel terrorized,
frightened, intimidated, threatened, harassed, or molested.
Sexual Contactincludes, but is not limited to, the intentional touching of the accuser’s, the
accused’s, or any other person’s intimate parts, or the intentional touching of the clothing
covering the immediate area of the accuser’s, the accused’s, or any other person’s intimate
parts, if that intentional touching can be reasonably construed as being for the purpose of
sexual arousal or gratification.
Sex Discriminationis treating someone less favorably because of that person’s sex, sexual
orientation, or gender identity/expression.
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Sexual Harassmentis conduct based on a person’s sex, sexual orientation, or gender
identity/expression that:
1. Adversely affects a term or condition of an individual’s employment, education,
participation in an institution’s activities or living environment.
2. Has the purpose or effect of unreasonably interfering with an individual’s employment or
academic performance or creating and intimidating, hostile, offensive, or abusive
environment of the individual; or
3. Is used as a basis for or a factor in decisions that tangibly affect that individual’s
employment, education, participation in an institution’s activities or living
environment.
Sexual Harassmentconduct directed toward the accuser that includes, but is not limited to,
repeated or continuing unconsented contact that would cause a reasonable person to suffer
emotional distress, and that causes the accuser to suffer emotional distress.
Harassment does not include constitutionally protected activity or conduct that serves a
legitimate purpose - TCA § 39-17-315.
Sexual Misconduct Educational Programs and Campaigns [34 CFR §668.46(b)(11)(i)] (All
Campuses)
Motlow State Community College will engage in comprehensive educational programming to
prevent sexual misconduct. Educational programming consists of primary prevention and
awareness programs for all incoming students and new employees and ongoing awareness and
prevention campaigns for students, staff, and faculty that:
1. Identifies domestic violence, dating violence, sexual assault and stalking as
prohibited conduct;
2. Defines what behavior constitutes domestic violence, dating violence, sexual assault
and stalking;
3. Defines what behavior and actions constitute consent to sexual activity;
4. Provides safe and positive options for bystander intervention that may be carried
out by an individual to prevent harm or intervene when there is a risk of domestic
violence, dating violence, sexual assault and stalking against a person other than the
bystander;
5. Provides information on risk reduction so that students and employees may
recognize warning signs of abusive behavior and how to avoid potential attacks;
and
6. Provides an overview of information contained in the Annual Security Report in
compliance with the Clery Act.
13
Procedures Victims Should Follow If A Sex Offense Occurs [34 CFR §668.46(b)(11)(ii)]
(All Campuses)
If you are a victim of a sexual assault, your priority should be to get to a place of safety. You should
then obtain necessary medical treatment. Motlow State Community College strongly advocates
that a victim of sexual assault reports the incident in a timely manner. Time is a critical factor for
evidence collection and preservation. An assault can be reported directly 911, the Motlow State
Public Safety Department, or to a local law enforcement agency. If the victim wishes to make a
confidential notification, the victim should follow the procedure outlined below for confidentially
reporting sexual misconduct. The victim may be assisted by campus authorities in notifying local
law enforcement. The victim should contact the Office of Compliance, or the Title IX Coordinator
for assistance.
A victim has the right to decline to notify local law enforcement. However, filing a police report
with a local law enforcement agency will not obligate the victim to prosecute, nor will it subject
the victim to scrutiny or judgmental opinions from officers. Filing a police report will:
ensure that a victim of sexual assault receives the necessary medical treatment and tests
at no expense to the victim;
provide the opportunity for collection of evidence helpful in prosecution, which cannot
be obtained later (ideally a victim of sexual assault should not wash, douche, use the
toilet, or change clothing prior to a medical/legal exam); and
ensure the victim has access to confidential counseling from counselors specifically
trained in the area of sexual assault crisis intervention.
When a victim of sexual misconduct presents to Motlow State Community College, the College
will provide written information about the importance of preserving evidence that may assist in
proving that the alleged criminal offense occurred or may be helpful in obtaining a protection
order. The College will also provide written notification to students and employees about
existing counseling, health, mental health, victim advocacy, legal assistance, visa and immigration
assistance, and other services available for victims, both on our campus and in the community.
The College will further provide written notification to victims about options for, and available
assistance in, changing academic, transportation, and working situations. The College must make
such accommodations if the victim requests them and they are reasonably available, regardless
of whether the victim chooses to report the crime to local law enforcement.
Regardless of whether an offense occurred on or off campus, Motlow State Community College
will provide a student or employee a written explanation of their rights and options when a
student or employee reports to the institution that they have been a victim of dating violence,
domestic violence, sexual assault, or stalking.
14
Protection from abuse orders may be available through TNCOURTS.gov, with forms found at:
www.tncourts.gov/programs/self-help-center/forms/order-protection-forms, and additional
information related to such orders may be found at www.tncoalition.org/resources/legal-
resources.html.
Reporting Sexual Misconduct [34 CFR §668.46(b)(11)(ii)] (All Campuses)
Motlow State Community College encourages victims of sexual violence to talk to somebody
about what happened so they can get the support they need and so the institution can respond
appropriately. Though reports will be kept as confidential as possible, the institution cannot
guarantee the confidentiality of every report or complaint. The following provisions detail the
confidentiality options available to individuals.
A. Reporting Confidentially
1. If a victim chooses to report an incident of sexual misconduct in a confidential
manner, the victim can report the incident to a professional, licensed or pastoral
counselor, who is required by Tennessee State Law to maintain confidentiality of a
victim
2. There are other external resources that victims may wish to utilize that can provide
confidential support and advocacy services including:
Motlow Counseling Services
Smyrna and McMinnville campuses
615-220-7913
apitts@mscc.edu
Moore County and Fayetteville campuses
931-393-1923
Make an Appointment Online: https://www.mscc.edu/counseling/
Domestic Violence and Sexual Assault Program
1423 Kensington Square Court
Murfreesboro, TN 37130
Tel: (615) 896-7377
For emergencies please call us. For domestic
violence call (615) 896-2012, for sexual assault call
(615) 494-9262
https://dvpshelter.org/
Families in Crisis Domestic Violence and Sexual
Assault Program
706 S Chancery St, McMinnville, TN 37110
(931) 473-6221
http://ficnb.com/
Tennessee Suicide Prevention Network
If you are experiencing a mental health emergency,
Call 855-CRISIS-1 or 855-274-7471
Haven of Hope Domestic Violence and Sexual
Assault Program
Counties: Moore, Bedford, Lincoln, Franklin, Coffee,
Marshall
Crisis Hotline: 800-435-7739 (24⁄7)
Office: 931-728-1133
Tennessee Coalition to End Domestic and Sexual
Violence
https://www.tncoalition.org/
Sexual Assault Center of TN
http://www.sacenter.org/
15
MSCC Public Safety Police
Higginbotham, Ray
Director of Public Safety
rhigginbotham@mscc.edu
931-393-1737
Brown, Joe
Public Safety Officer III
McMinnville
jbrown@mscc.edu
931-393-1632
Rhodes, Allen
Assistant Director of Public Safety
Smyrna
erhodes@mscc.edu
615-220-7937
Rhodes, Allen
Assistant Director of Public Safety
Fayetteville
erhodes@mscc.edu
931-438-0028 Ext. 3024
B. Additional resources in the McMinnville area:
Police - City of
McMinnville
204 Red Rd.
McMinnville, TN
37111
931-473-3808
Sheriff - Warren County
108 Security Circle
McMinnville, TN
37110
931-473-7863
St. Thomas River Park
Hospital
1559 Sparta St.
McMinnville, TN
37110
(931) 815-4000
C. Additional resources in the Lynchburg/Tullahoma area:
Sheriff - Moore County
58 Elm St. S.
Lynchburg, TN
37352
(931) 759-7323
Police - City of Tullahoma
201 W. Grundy St.
Tullahoma, TN
37388
(931) 455-0530
Sheriff - Coffee County
300 Hillsboro Blvd.
Manchester, TN
37355
(931) 728-3591
Tennova Healthcare -
Harton
1801 N. Jackson St.
Tullahoma, TN
37388
(931) 393-3000
Unity Medical Center
Manchester
481 Interstate Drive
Manchester, TN
37355
(931) 728-6354
16
D. Additional resources in the Smyrna area:
Police- City of
Smyrna
400 Enon Springs Rd. E.
Smyrna, TN 37167
(615) 459-6644
Police- City of
LaVergne
5093 Murfreesboro Rd.
La Vergne, TN 37086
(615) 793-7744
Sheriff- Rutherford
County
940 New Salem Hwy.
Murfreesboro, TN 37129
(615) 898-7720
Stonecrest Medical
Center
200 Stonecrest Blvd.
Smyrna, TN 37167
(615) 768-2000
St. Thomas
Rutherfo
rd County
1700 Medical Center Pkwy.
Murfreesboro, TN 37129
(615) 396-4100
E. Online Resources:
Tennessee State Coalition Against
Rape & Domestic Violence
http://tncoalition.org/
National Domestic Violence Hotline
http://www.thehotline.org/
Pandora’s Project (Male survivors of
rape & sexual abuse)
http://www.pandys.org/malesurvivors.html
Rape, Abuse and Incest National
Network
http://www.rainn.org
U. S. Department of Justice
http://www.justice.gov/ovw/sexual-assault
U. S. Department of Education, Office of
Civil Rights
http://www2.ed.gov/about/offices/list/ocr/index.html
F. Related Policies:
1. TBR Policy 6:01:00:00 - Sexual Discrimination, Sexual Harassment or Sexual
Misconduct
2. TBR Policy 6:02:00:00 - Sexual Discrimination and Sexual Harassment
3. TBR Policy 6:03:00:00 - Sexual Misconduct
4. TBR Guideline P-080 - Discrimination & Harassment Complaint & Investigation
5. MSCC Policy 8:01:00:00 - General Prohibition Against Sex Discrimination, Sexual
Harassment, or Sexual Misconduct Policy
6. MSCC Policy 8:03:00:00 - Sexual Discrimination and Sexual Harassment
7. MSCC Policy 8:04:00:00 Discrimination and Harassment Complaint and
Investigation: P-080
17
G. Filing an Institutional Complaint
Reports of acts of sexual misconduct must be reported to the Title IX Coordinator, and the
institution will take immediate and appropriate steps to investigate what happened and to
resolve the matter promptly and equitably.
1. The College shall not share information with law enforcement without the
complainant’s consent or unless the victim has also reported the incident to law
enforcement.
2. Before a complainant reveals any information to an employee, the employee must
ensure that the complainant understands the employee’s reporting obligations.
3. If the complainant wants to maintain confidentiality, the employee must direct the
victim to confidential resources as detailed in Section A above.
4. If the complainant wants to tell an employee what happened, but also maintain
confidentiality, the employee must advise the complainant that the institution will
consider the request but cannot guarantee that it will be able to honor it. In
reporting the details of the incident to the Title IX Coordinator, the employee will
also inform the Title IX Coordinator of the complainant’s request for confidentiality
In addition to all other employees on campus, an institutional complaint can be filed directly
with the following:
Title IX Coordinator:
Barbara Scales
Chief Compliance, Equity & Inclusion Officer
Affirmative Action Officer
5006 Motlow College Blvd.
Smyrna, TN 37167
(615) 220-7976 office
bscales@mscc.edu
H. Filing a Criminal Complaint
If the incident happened on Motlow campus property, contact the Motlow State Public Safety
Department, (931) 393-1737, or contact the local law enforcement agency having concurrent
jurisdiction where the assault occurred. The contacted agency will determine the subsequent
steps. An advocate from the local rape crisis center and/or the Title IX Coordinator can assist in
the reporting process. Local rape crisis centers are available in each community where Motlow
campuses are located
18
I. Filing an Anonymous Complaint
Filing an anonymous report will assist the institution with compiling statistical information that
can call attention to the number of incidents that occur at the institution. If the survivor’s
identity is not known, no subsequent appropriate services will be made available. The report
will be sent to the Director of the Motlow State Public Safety Department for recording and
tracking of incidents on and around all Motlow State Community College campuses.
To file an anonymous report, use the following method:
Send by mail to:
Title IX Coordinator
ATTN: Barbara Scales
Chief Compliance, Equity & Inclusion Officer
Affirmative Action Officer
5006 Motlow College Blvd.
Smyrna, TN 37167
Motlow State Community College will, to the extent possible, complete publicly available record-
keeping, including Clery reporting, without identifying information about the victim.
The College will, to the most reasonable extent possible, maintain as confidential any
accommodations or protective measures provided to the victim, to the extent that maintaining
such confidentiality would not impair the ability of the institution to provide the
accommodations or protective measures.
19
Investigation Requirements and Procedures [34 CFR §668.46(b)(11)(ii)] (All Campuses)
A. All proceedings will include a prompt, fair, and impartial investigation and result. The
College will provide the respondent and complainant equitable rights during the
investigative process.
B. All complaints of sexual misconduct shall be presented to the Title IX Coordinator or
designee for investigation and appropriate disposition, subject to the confidentiality
policy.
C. Mediation between the complainant and respondent will never be considered an
appropriate resolution in sexual misconduct cases.
D. Initiating an inquiry
1. Immediately upon receipt of a complaint, the Title IX Coordinator shall
communicate with the complainant to identify and implement any reasonable
interim measures necessary. Absent good cause, within three (3) business days of
receipt of a report of sexual misconduct the Title IX Coordinator or designee shall
attempt to get a written statement from the complainant that includes information
related to the circumstances giving rise to the complaint, the dates of the alleged
occurrences, and names of witnesses, if any. The complainant should complete a
complaint form and submit a detailed written report of the alleged incident.
2. When the complainant chooses not to provide or sign a written complaint, the
Title IX Coordinator or designee will initiate an inquiry and take appropriate
action.
3. In addition to immediate interim measures, the Title IX Coordinator shall consider
what, if any, interim measures may be necessary during the pendency of the
inquiry.
4. Complaints made anonymously or by a third party will be investigated to the
extent possible.
5. After consultation with TBR General Counsel, if the Title IX Coordinator
determines that the complaint contains an allegation of sexual misconduct, the
Title IX Coordinator shall follow the procedures set forth in this policy to gather
the facts and adjudicate the complaint.
20
6. The Title IX Coordinator may appoint a qualified, sufficiently trained person to act
as a factfinder to conduct an inquiry into the allegations made in the complaint.
7. Only one person shall be identified as the factfinder for a complaint.
8. Inquiries shall be conducted by officials who do not have a conflict of interest or
bias for or against the complainant or respondent.
9. If the complainant or respondent believes the assigned factfinder has a conflict of
interest, that party must submit a written explanation of the reason for that belief
to the Title IX Coordinator. The explanation must be submitted within three (3)
business days, absent good cause, of the time when the party knew or should have
known the facts that would give rise to the alleged conflict of interest. The Title
IX Coordinator will determine if the facts warrant the appointment of a different
factfinder and respond to the party in writing within three (3) business days,
absent good cause. The decision of the Title IX Coordinator shall be final.
E. What the inquiry should and should not entail
1. Once the factfinder receives the complaint, the factfinder shall notify the
complainant in writing of his/her rights and request a meeting.
2. The factfinder shall also notify the respondent in writing of the complaint and
his/her rights and request a meeting with the respondent.
3. The factfinder shall notify the complainant, respondent, and all individuals
interviewed during the inquiry that retaliation is strictly prohibited and may be
grounds for disciplinary action. In addition, the factfinder shall advise all
interviewees that they should contact the factfinder immediately if they believe
they are being retaliated against.
4. The inquiry shall include interviews with both the complainant and respondent,
unless either declines an in-person interview.
5. The complainant and respondent shall be provided with the same opportunities
to have others present during any interview, including the opportunity to be
accompanied by the advisor of their choice to any related meeting or proceeding.
6. Motlow State Community College will not limit the choice of advisor for either the
complainant or respondent; however, the factfinder may limit the participation of
advisors during the inquiry.
7. The inquiry shall include interviews with relevant witnesses identified by the
complainant and respondent, or any other potential, relevant witness made
known to the factfinder via other means.
8. The inquiry shall include the gathering and reviewing of any documentary,
electronic, physical, or other type of relevant evidence.
9. The factfinder is expected to request a list of relevant witnesses and evidence from
complainant and respondent and take such into consideration.
10. The factfinder shall not consider any evidence about the complainant’s prior
sexual conduct with anyone other than the respondent. Evidence of a prior
consensual dating or sexual relationship between the parties does not, by itself
imply consent or preclude a finding of sexual misconduct. Past consent does not
imply future consent.
21
Outcome of Inquiry and Determination of Appropriate Action
A. Upon completion of the inquiry, the factfinder shall prepare a written report that
includes the allegations made by the complainant, the response of the respondent,
corroborating or non-corroborating statements of the witnesses, review of other
evidence obtained.
B. It is the responsibility of the factfinder to weigh the credibility of all individuals
interviewed and to determine the weight to be given to information received during
the inquiry.
C. The report shall be delivered to the appropriate “decision-maker.”
1. The Title IX Coordinator, if the respondent is a student or if the respondent is an
employee
D. After reviewing the preliminary report, the decision-maker may refer to the factfinder
with a request for additional information or adopt the findings of the preliminary
report as final.
E. The decision-maker’s determination will be based on a preponderance of the evidence
submitted as to whether a violation of the sexual misconduct policy occurred.
Timeframe for Conducting the Inquiry
A. Every reasonable effort shall be made to conclude the inquiry and resolve the
complaint within sixty (60) calendar days following receipt of the complaint. Within
this sixty (60) day timeframe, absent good cause, it is expected that the factfinder
will conclude the inquiry, that the factfinder will present a report to the decision-
maker, and that the decision-maker will notify the parties in writing of decision-
maker’s determination.
B. If the factfinder or decision-maker determines that additional time is needed, both
parties shall be notified in writing of the delay, the anticipated date that the inquiry
will be concluded, and the reasons for such delay.
C. If either party determines that additional time is needed, that party shall request
such in writing to the factfinder. The written request for additional time shall include
the reasons for the requested delay and the number of additional days needed.
D. The factfinder shall make every reasonable effort to respond to the request for
additional time within two (2) business days following receipt of the request and
shall notify both parties in writing as to whether the request is granted.
22
Appeal of the Decision-Maker’s Determination to the Executive Vice President
A. Either the respondent or the complainant may appeal the determination of the
decision-maker. All appeals will be made as follows:
1. If the respondent is a faculty or adjunct faculty member, the appeal shall be
to the Executive Vice President for Academic Affairs and Student Success.
2. If the respondent is a student or non-faculty employee, the appeal shall be to
the Executive Vice President for Academic Affairs and Student Success.
3. Should the Executive Vice-President slated to hear the appeal believe that a
conflict of interest exists, they may submit a request to be recused from the
appeal to the Title IX Coordinator. The Title IX Coordinator will determine if
the facts warrant the appointment of a different vice president to hear the
appeal within three (3) business days, absent good cause. The decision of
the Title IX Coordinator shall be final.
B. If the complainant or respondent believes the Executive Vice President slated to
hear the appeal has a conflict of interest, that party must submit a written
explanation of the reason for that belief to the decision-maker.
1. The explanation must be submitted within three (3) business days, absent
good cause, of the time when the party knew of, or should have known the
facts that would give rise to the alleged conflict of interest.
2. The Title IX Coordinator will determine, in consultation with the TBR Office of
General Counsel, if a conflict of interest exists and arrange for assignment of a
substitute to hear the appeal. The Title IX Coordinator will respond to the
parties, in writing, within three (3) business days, absent good cause. The
Title IX Coordinator’s determination shall be final.
C. Written requests for appeals to the appropriate Executive Vice President shall be
delivered to the decision-maker within ten (10) calendar days from receipt of
notice of the decision.
D. If a written request to appeal the determination is not received within ten
(10) calendar days, the decision-maker’s determination is final.
E. The appeals process to the Executive Vice President shall be conducted consistent
with the procedures established in Motlow State Community College Policy
3:02:00:06 for a student disciplinary hearing with the Executive Vice President
sitting in place of the Institutional Hearing Committee.
23
1. Vice Presidents will apply the preponderance of evidence standard in the appeal
proceedings.
2. The appeal to the Executive Vice President shall be limited to a determination as
to whether the underlying factual information was incomplete, the analysis of
the facts was incorrect, and/ or the appropriate legal standard was not applied
and how errors with regard to those factors would change the determination of
the complaint.
3. All notices from the Executive Vice Presidents will be delivered to the
complainant and respondent at the same time and in the same form.
4. The Executive Vice President will issue a written determination regarding the
appeal as promptly as possible.
5. Both the complainant and the respondent shall have an opportunity to appeal
the Executive Vice President’s decision to the President.
6. Requests for appeals to the President shall be delivered to the decision-
maker within ten (10) calendar days from receipt of notice of the Executive
Vice President’s decision.
7. If a written request to appeal the Executive Vice President’s decision is not
received within ten (10) calendar days, the Executive Vice President’s
determination is final.
Appeal of the Vice President’s Decision to the President
A. Either the respondent or the complainant may appeal the determination of the
Executive Vice President to the President.
B. The appeals process to the President shall consist of an opportunity for the parties
to provide information to the institution’s attention that would change the
determination of the complaint.
1. The appeal process will not be a de novo review of the decision, and the parties
will not be allowed to present their appeals in person to the President unless
the President determines, in his/her sole discretion, to allow an in-person
appeal.
2. The appealing party or parties must explain why it is believed the information
was incomplete, the analysis of the facts was incorrect, and/ or the appropriate
legal standard was not applied and how this would change the determination of
the complaint.
3. The President will issue a written response to the appeal as promptly as
possible. This decision will constitute Motlow State Community College’s final
decision on the complaint.
24
Effect of A Finding of A Violation of This Policy [34 CFR §668.46(b)(11)(vii)] (All
Campuses)
A. If the final decision has been made that a policy violation occurred, disciplinary
sanctions will be administered as follows:
1. If the respondent is a student, Motlow State Community College will follow
the procedures for disciplining students as described in TBR Policy
3:02:00:01 General Regulations on Student Conduct & Disciplinary Sanctions
and Motlow State Community College Policy 3:03:00:03 Student Disciplinary
Policy-Part 6 Disciplinary Procedures.
2. If the respondent is an employee, the College will follow the procedures related
to disciplining employees as described in applicable employee policies.
B. Notwithstanding any policy to the contrary, the following additional requirements
apply to disciplinary actions related to violations of this policy:
1. The complainant shall receive sufficient notice of and be allowed to attend any
meeting or hearing during the disciplinary process.
2. The complainant shall be allowed to have an advisor of her/his choice attend any
meeting or hearing.
3. The complainant shall be allowed to testify at any hearing during the disciplinary
process, even if neither party intends to call the complainant as a witness during
the case-in-chief.
4. The complainant shall be allowed access, consistent with FERPA requirements, to
any evidence presented during any disciplinary meeting or hearing.
5. The decision-maker or designee shall be appointed as the complainant’s contact
person for any questions or assistance during the disciplinary process.
6. The complainant shall receive written notice of the outcome of the disciplinary
process.
C. Once any disciplinary proceedings are complete, the decision-maker or designee shall
determine if any remedies are required to address the campus-wide environment,
taking into consideration the impact of an incident of sexual misconduct on the
campus as a whole and on specific groups or areas on campus. For example, the
decision-maker or designee may determine that specific training is needed for a
student group whose members have been accused of sexual assault.
25
Interim Measures [34 CFR §668.46(b)(11)(v)] (All Campuses)
In situations that require immediate action because of safety or other concerns, Motlow State
Community College will take any reasonable administrative action that is appropriate. Examples
of such interim actions include, but are not limited to:
A. Providing an escort to ensure that the complainant can move safely between classes
and activities;
B. Ensuring that the complainant and respondent do not attend the same classes;
C. Providing referrals or access to counseling services;
D. Providing referrals to medical services;
E. Providing academic support services, such as tutoring;
F. Issuing no contact orders; and
G. Arranging for the complainant to re-take a course or withdraw from a class without
penalty, including ensuring that any changes do not adversely affect the complainant’s
academic record.
Sex Offender Registration [34 CFR §668.46(b)(12)] (All Campuses)
In accordance to the Campus Sex Crimes Prevention Act of 2000, which amends the Jacob
Wetterling Crimes Against Children and Sexually Violent Offender Registration Act, the Jeanne Clery
Act and the Family Educational Rights and Privacy Act of 1974, Motlow State Community College
is providing a link to the Tennessee State Sex Offender Registry. This act requires institutions of
higher education to issue a statement advising the campus community where law enforcement
information provided by a State concerning registered sex offenders may be obtained. It also
requires sex offenders already required to register in a state to provide notice of each institution
of higher education in that state at which the person is employed, carries a vocation, or is a
student.
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 from the TBI’s website listing of sex offenders located at:
https://www.tn.gov/tbi/general-information/tennessee-sex-offender-registry.html. Unlawful use of the
information for purposes of intimidating or harassing another is prohibited and a willful violation
shall be punishable as a misdemeanor.
26
Emergency Response and Evacuation Procedures [34 CFR §668.46(b)(13)] (All Campuses)
Motlow State Community College maintains an Emergency Preparedness Plan for each campus.
These plans are not available to the public. The Emergency Preparedness Plans are available on
the College Intranet and access to these plans is restricted. These plans document the
procedures that each individual campus will use to immediately notify the campus community
of significant emergencies or dangerous situations involving threats to human health or safety
of students, or employees occurring on campus.
In the event of a serious incident that poses an immediate threat to members of the College
community, the College has various systems in place for communicating information quickly.
Some, or all of these methods of communication may be activated in the event of an immediate
threat to the campus community. These methods of communication include network emails,
social media web sites, and emergency text message notifications that can be sent to a phone or
announced through the campus wide intercom speaker system at each campus.
The College will, without delay, and considering the safety of the community, determine the
content of the notification and initiate the notification system, unless issuing a notification will,
in the professional judgment of responsible authorities, compromise efforts to assist a victim or
to contain, respond to, or otherwise mitigate the emergency.
The College conducts emergency preparedness drills to test the emergency response and
evacuation procedures of each facility at all campuses on a semi-annual basis.
Missing Student Notification Procedures [34 CFR §668.46(b)(14)] (All Campuses)
The Department of Education requires under 34 CFR §668.46(b)(14) that any institution that
provides any on-campus student housing facilities must include a statement of policy regarding
missing student notification procedures for students who reside in on-campus student housing
facilities in its annual security report. Motlow State Community College does not provide any
on-campus student housing facilities.
27
Appendix A
28
CAMPUS CRIME REPORTS
This disclosure complies with requirements of the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (the Clery Act) as
amended in 1998 as well as the proposed guidelines of the Violence Against Women Act (VAWA) and the Campus Sexual Violence Elimination (SAVE)
Act. Information supplied represents all incidents reported to the police or to other school officials with significant responsibility for student and
campus activities.
Fayetteville Campus
On Campus
Public Property
Hate Crimes
2019
2018
2017
2019
2018
2017
2019
2018
2017
Crimes Reported
Murder/Non-negligent Manslaughter
0
0
0
0
0
0
0
0
0
Negligent Manslaughter
0
0
0
0
0
0
0
0
0
Sex Offenses-Forcible
0
0
0
0
0
0
0
0
0
Sex Offenses-Non-forcible
0
0
0
0
0
0
0
0
0
Robbery
0
0
0
0
0
0
0
0
0
Aggravated Assault
0
0
0
0
0
0
0
0
0
Burglary
0
0
0
0
0
0
0
0
0
Motor Vehicle Theft
0
0
0
0
0
0
0
0
0
Arson
0
0
0
0
0
0
0
0
0
Larceny
0
1
0
0
0
0
0
0
0
Simple Assault
1
0
0
0
0
0
0
0
0
Intimidation
0
0
0
0
0
0
0
0
0
Vandalism
0
0
1
0
0
0
0
0
0
Other Bodily Injuries (Hate Crimes Only)
0
0
0
0
0
0
0
0
0
Arrests/Disciplinary Referrals
Liquor Law Arrests
0
0
0
0
0
0
Liquor Law Referrals
0
0
0
0
0
0
Drug Arrests
0
0
0
0
0
0
Drug Referrals
0
0
0
0
0
0
Weapons Arrests
0
0
0
0
0
0
Weapons Referrals
0
0
0
0
0
0
Hate Crimes
Larceny/Theft
0
0
0
0
0
0
Simple Assault
0
0
0
0
0
0
Intimidation
0
0
0
0
0
0
Vandalism
0
0
0
0
0
0
VAWA Crimes
Domestic Violence
0
0
0
0
0
0
Dating Violence
0
0
0
0
0
0
Stalking
0
0
0
0
0
0
Note:
(The local law enforcement agencies have been requested to forward MSCC their reports of all criminal activity occurring on off-campus publicly adjoining
properties recognized by MSCC. These along with crime occurring on campus are reported monthly to the FBI, TBI and annually to the Department of Education
(DOE) as required by the “Jeanne Clery Act.”)
29
MOTLOW - Fayetteville Campus Photo
30
CAMPUS CRIME REPORTS
This disclosure complies with requirements of the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (the Clery Act) as
amended in 1998 as well as the proposed guidelines of the Violence Against Women Act (VAWA) and the Campus Sexual Violence Elimination (SAVE)
Act. Information supplied represents all incidents reported to the police or to other school officials with significant responsibility for student and
campus activities.
McMinnville Campus
On Campus
Public Property
Hate Crimes
2019
2018
2017
2018
2017
2016
2018
2017
2016
Crimes Reported
Murder/Non-negligent Manslaughter
0
0
0
0
0
0
0
0
0
Negligent Manslaughter
0
0
0
0
0
0
0
0
0
Sex Offenses-Forcible
0
0
0
0
0
0
0
0
0
Sex Offenses-Non-forcible
0
0
0
0
0
0
0
0
0
Robbery
0
0
0
0
0
0
0
0
0
Aggravated Assault
0
0
0
0
0
0
0
0
0
Burglary
1
0
0
0
0
0
0
0
0
Motor Vehicle Theft
0
0
0
0
0
0
0
0
0
Arson
0
0
0
0
0
0
0
0
0
Larceny
0
0
0
0
0
0
0
0
0
Simple Assault
0
0
0
0
0
0
0
0
0
Intimidation
0
0
0
0
0
0
0
0
0
Vandalism
0
0
0
0
0
0
0
0
0
Other Bodily Injuries (Hate Crimes Only)
0
0
0
0
0
0
0
0
0
Arrests/Disciplinary Referrals
Liquor Law Arrests
0
0
0
0
0
0
Liquor Law Referrals
0
0
0
0
0
0
Drug Arrests
0
0
0
0
0
0
Drug Referrals
0
0
0
0
0
0
Weapons Arrests
0
0
0
0
0
0
Weapons Referrals
0
0
0
0
0
0
Hate Crimes
Larceny/Theft
0
0
0
0
0
0
Simple Assault
0
0
0
0
0
0
Intimidation
0
0
0
0
0
0
Vandalism
0
0
0
0
0
0
VAWA Crimes
Domestic Violence
0
0
0
0
0
0
Dating Violence
0
0
0
0
0
0
Stalking
0
0
0
0
0
0
Note:
(The local law enforcement agencies have been requested to forward MSCC their reports of all criminal activity occurring on off-campus publicly adjoining
properties recognized by MSCC. These along with crime occurring on campus are reported monthly to the FBI, TBI and annually to the Department of Education
(DOE) as required by the “Jeanne Clery Act.
31
MOTLOW - McMinnville Campus Photo
32
CAMPUS CRIME REPORTS
This disclosure complies with requirements of the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (the Clery Act) as
amended in 1998 as well as the proposed guidelines of the Violence Against Women Act (VAWA) and the Campus Sexual Violence Elimination (SAVE)
Act. Information supplied represents all incidents reported to the police or to other school officials with significant responsibility for student and
campus activities.
Moore County Campus
On Campus
Public Property
Hate Crimes
2019
2018
2017
2019
2018
2017
2019
2018
2017
Crimes Reported
Murder/Non-negligent Manslaughter
0
0
0
0
0
0
0
0
0
Negligent Manslaughter
0
0
0
0
0
0
0
0
0
Sex Offenses-Forcible
0
0
0
0
0
0
0
0
0
Sex Offenses-Non-forcible
0
0
0
0
0
0
0
0
0
Robbery
0
0
0
0
0
0
0
0
0
Aggravated Assault
0
0
0
0
0
0
0
0
0
Burglary
0
1
0
0
0
0
0
0
0
Motor Vehicle Theft
0
0
0
0
0
0
0
0
0
Arson
0
0
0
0
0
0
0
0
0
Larceny
0
0
1
0
0
0
0
0
0
Simple Assault
0
0
0
0
0
0
0
0
0
Intimidation
0
0
0
0
0
0
0
0
0
Vandalism
0
0
1
0
0
0
0
0
0
Other Bodily Injuries (Hate Crimes Only)
0
0
0
0
0
0
0
0
0
Arrests/Disciplinary Referrals
Liquor Law Arrests
0
0
0
0
0
0
Liquor Law Referrals
0
0
1
0
0
0
Drug Arrests
0
0
3
0
0
0
Drug Referrals
0
0
0
0
0
0
Weapons Arrests
0
0
0
0
0
0
Weapons Referrals
0
0
0
0
0
0
Hate Crimes
Larceny/Theft
0
0
0
0
0
0
Simple Assault
0
0
0
0
0
0
Intimidation
0
0
0
0
0
0
Vandalism
0
0
0
0
0
0
VAWA Crimes
Domestic Violence
0
0
0
0
0
0
Dating Violence
0
0
0
0
0
0
Stalking
0
0
0
0
0
0
Note:
(The local law enforcement agencies have been requested to forward MSCC their reports of all criminal activity occurring on off-campus publicly adjoining
properties recognized by MSCC. These along with crime occurring on campus are reported monthly to the FBI, TBI and annually to the Department of Education
(DOE) as required by the “Jeanne Clery Act.”)
33
MOTLOW Moore County Campus Photo
34
CAMPUS CRIME REPORTS
This disclosure complies with requirements of the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (the Clery Act) as
amended in 1998 as well as the proposed guidelines of the Violence Against Women Act (VAWA) and the Campus Sexual Violence Elimination (SAVE)
Act. Information supplied represents all incidents reported to the police or to other school officials with significant responsibility for student and
campus activities.
Smyrna Campus
On Campus
Public Property
Hate Crimes
2019
2018
2017
2018
2017
2016
2018
2017
2016
Crimes Reported
Murder/Non-negligent Manslaughter
0
0
0
0
0
0
0
0
0
Negligent Manslaughter
0
0
0
0
0
0
0
0
0
Sex Offenses-Forcible
0
0
0
0
0
0
0
0
0
Sex Offenses-Non-forcible
0
0
0
0
0
0
0
0
0
Robbery
0
0
0
0
0
0
0
0
0
Aggravated Assault
0
0
0
0
0
0
0
0
0
Burglary
0
0
0
0
0
0
0
0
0
Motor Vehicle Theft
0
0
0
0
0
0
0
0
0
Arson
0
0
0
0
0
0
0
0
0
Larceny
2
1
0
0
0
0
0
0
0
Simple Assault
0
0
0
0
0
0
0
0
0
Intimidation
0
0
0
0
0
0
0
0
0
Vandalism
0
0
1
0
0
0
0
0
0
Other Bodily Injuries (Hate Crimes Only)
0
0
0
0
0
0
0
0
0
Arrests/Disciplinary Referrals
Liquor Law Arrests
0
0
0
0
0
0
Liquor Law Referrals
0
0
0
0
0
0
Drug Arrests
0
0
0
0
0
0
Drug Referrals
0
0
0
0
0
0
Weapons Arrests
1
0
0
0
0
0
Weapons Referrals 0 0 0
0
0 0
Hate Crimes
Larceny/Theft
0
0
0
0
0
0
Simple Assault
0
0
0
0
0
0
Intimidation 0 0 0
0
0 0
Vandalism
0
0
0
0
0
0
VAWA Crimes
Domestic Violence
0
0
0
0
0
0
Dating Violence 0 0 0
0
0 0
Stalking 0 0 0
0
0 0
Note:
(The local law enforcement agencies have been requested to forward MSCC their reports of all criminal activity occurring on off-campus publicly adjoining
properties recognized by MSCC. These along with crime occurring on campus are reported monthly to the FBI, TBI and annually to the Department of Education
(DOE) as required by the “Jeanne Clery Act.”)
35
MOTLOW Smyrna Site Photo
36
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37