All forms of hazing on the part of any individual, group of individuals or organizations are subject to civil and University disciplinary action. No initiation or other activity shall be undertaken which endangers the health and safety of an individual, or demands an individual to engage in conduct of an unbecoming or humiliating nature, or in any way detracts from an individual's academic pursuits.
For purposes of this policy and University disciplinary action, LMU defines hazing to include any action taken or situation created, wherever it occurs, which induces mental or physical discomfort, embarrassment, harassment, or ridicule. Such actions including paddling, creation of excessive fatigue, physical or psychological shock, wearing apparel which is conspicuous and not in good taste, public ridicule of students, buffoonery, morally degrading or humiliating games or events, work sessions which interfere with regulations or policies of LMU or the laws of the State of Tennessee. Tennessee law [T.C.A. §47-7-123] prohibits hazing and offers the following definitions: (1) "Hazing" means any intentional or reckless act in Tennessee on or off the property of any higher education institution by one (1) student acting alone or with others which is directed against any other student, that endangers the mental or physical health or safety of that student, or which induces or coerces a student to endanger such student's mental or physical health or safety. "Hazing" does not include customary athletic events or similar contests or competitions, and is limited to those actions taken and situations created in connection with initiation into or affiliation with any organization; and (2) "Higher education institution" means a public or private college, community college or university. (b) Each higher education institution shall adopt a written policy prohibiting hazing by any student or organization operating under the sanction of the institution. The policy shall be distributed or made available to each student at the beginning of each school year. Time shall be set aside during orientation to specifically discuss the policy and its ramifications as a criminal offense and the institutional penalties that may be imposed by the higher education institution.
Students have the responsibility to bring any form of harassment or hazing that they experience or observe to the immediate attention of LMU. They need not complain first to the offending person. All complaints or reports should be directed either to the LMU-OPCVM Assistant Dean of Student Affairs or the Title IX Office. A prompt, thorough, and fair investigation will be conducted based on the individual’s statement of what has occurred. In an effort to protect the individual who reports or complains of harassment, to encourage prompt reporting, and to protect the accused’s interests during the pending investigation, access to information related to the investigation will be maintained on a strict “need to know” basis and all individuals involved in an investigation will be instructed not to discuss the matters in question outside of the investigation. LMU will retain confidential documentation of all allegations and investigations and will take appropriate corrective action to remedy all violations of this policy.
Investigations will normally include conferring with the parties involved and any named or apparent witnesses. Signed statements from the parties and witnesses will usually be requested, though complainants are not required to make a written complaint. All complainants and witnesses will be protected from coercion, intimidation, retaliation, interference or discrimination for raising a bona fide complaint or properly assisting in an investigation. If the investigation reveals that the complaint is valid, prompt and appropriate corrective action designed to stop the harassment immediately and to prevent its recurrence will be taken.
Retaliation against any complaining individual, any witness, or anyone involved in a complaint is strictly prohibited. LMU will follow up any complaint or investigation as appropriate to ensure that no retaliation occurs. Students should immediately report any perceived retaliation to the LMU-OPCVM Assistant Dean of Student Affairs. The University will not tolerate retaliation and will take prompt and immediate steps to eliminate it. Whether a particular act or incident produces a discriminatory employment or academic effect or amounts to harassment, or whether it otherwise violates this policy, requires a factual determination based on all the facts and circumstances. Given the nature of this type of discrimination, the University recognizes that false accusations of sexual or other discriminatory harassment can have serious effects on innocent individuals. Therefore, if after investigating any complaint or report, it determines the complaint or report is not bona fide and was made in bad faith or for an improper purpose, or that an individual has provided false information regarding a complaint or investigation, disciplinary action may be taken against the individual who filed the complaint or who gave false information.
LMU trusts and expects that all students will continue to act responsibly to establish and maintain a pleasant and respectful community environment, free of discrimination or harassment, for all. LMU has a zero tolerance policy for sexual or other discriminatory harassment. Thus, students are subject to discipline for any inappropriate behavior.