Title IX

“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. 

Consent is something that is informed, voluntary, and mutual, and can be withdrawn at any time. There is no consent when there is force, express or implied, or when coercion, intimidation, threats, or duress are used. Whether a person has taken advantage of a position of influence over another person may be a factor in determining consent. Silence or absence of resistance does not imply consent. Past consent to sexual activity with another person does not imply ongoing future consent with that person or consent to that same sexual activity with another person. There is no exception to the necessity to obtain another’s consent to engage in sexual activity, each time.
Consent will not be deemed present when there is no clear expression of consent given, verbal or nonverbal. Consent is not present in circumstances where the individual is unable to give it freely or voluntarily such as when a person is incapacitated as a result of alcohol or drug use, when they are passed out or less than fully conscious for any reason, isolated, confined, asleep or feel threatened.

Intoxication is never a defense to Sexual Misconduct under this policy. When either the Complainant or the Respondent is alleged to have been under the influence of drugs or alcohol, whether consent existed is based on whether a reasonable person similarly situated to the Respondent, in the context in which the Sexual Misconduct occurred, would have known or should have known about the impact of the use of alcohol or drugs on another’s ability to give consent.

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.

If you are a victim of Sexual Misconduct, it is important that you contact the police immediately. If you believe you are in imminent harm you should contact 911. If you believe you are not in imminent harm, you should first contact the police at 615-862-8600 and report any crime. Preserving evidence is critical for reports to the police and the University, and every attempt should be made to preserve any relevant evidence for the police and/or the University, including without limitation clothing, the scene, texts, voice messages, etc.

A victim may also report an incident of sexual misconduct to a community resource including: The Matthew Walker Comprehensive Health Center - 615.327.9400, The Rape Crisis Center - 615.256.8526 (crisis line) or 615.259.9055 or any local hospital or health center.

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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