Title IX

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” 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. 

1. CONSENTis an affirmative decision that is made knowingly, freely, and mutually by all participants involved to engage in an activity. Consent is represented by clear actions and/or words from each party. Consent may not be inferred from silence, passivity, or the lack of active resistance, alone.  Non-consensual sexual activity and/or contact is Prohibited Conduct.

Consent is not present in the following circumstances:

(i)          When one of the parties is not voluntarily engaging in an activity or is coerced, such as through the use of physical force, the threat of physical or emotional harm, undue pressure, isolation, or confinement;

(ii)         When a person is Incapacitated (Defined further below);

(iii)         When a person is sleeping , unconscious or otherwise unable to communicate an unwillingness to engage in an activity; or

(iv)        A person lacks the ability to make or understand the decision because they suffer from a mental disease or defect that renders them incapable of appraising the nature of the activity;

A current or previous dating or sexual relationship is not sufficient to constitute Consent, and Consent to one form of sexual activity does not imply consent to other forms of sexual activity.

Consent may be withdrawn at any time. Once withdrawn, sexual activity must cease.

The perspective of a reasonable person will be the basis for determining whether a Respondent knew, or reasonably should have known, whether a Complainant was able to freely give Consent and whether Consent was given.

Be advised that under this Policy, being intoxicated or incapacitated does not diminish one’s responsibility to obtain Consent and will not be an excuse for Prohibited Conduct

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: Medical Providers, Therapists, and Clergy. 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.

As a first priority, Fisk encourages all individuals to report Prohibited Conduct that may involve criminal conduct to the Fisk University Campus Safety Department and/or Metro Nashville Police Department, for incidents taking place off-campus, to the appropriate local law enforcement agency. This could include sexual violence, relationship violence, stalking, and conduct that could be a hate crime. In cases of sexual misconduct involving a minor, members of the Fisk community are required to report the situation to Metro Nashville Police Department. The Metro Nashville Police Department can be contacted at 615-862-8600 (non-emergencies) or by calling 911 in emergency situations.

 Student Counseling Center 615-329-6055; National Sexual Assault Hotline 800-656-HOPE: Sexual Assault Center of Middle Tennessee 866-811-7473;  Clergy/Religious Life at Fisk 615-329-8582; Employee Assistance Program 1-800-386-7055

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.

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