Tennessee Code 49-2-131 – Non-disclosure agreement during settlement for act of sexual misconduct prohibited – Assistance in obtaining new job prohibited
(a) An LEA is prohibited from entering into, or requiring an opposing party to enter into, a non-disclosure agreement during a settlement, or as a prerequisite to settlement, for any act of sexual misconduct, including, but not limited to, sexual harassment or sexual assault.
Terms Used In Tennessee Code 49-2-131
Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105
Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
Probable cause: A reasonable ground for belief that the offender violated a specific law.
Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
(b) Except as provided by subsection (c), other than the routine transmission of administrative and personnel files, LEA employees are prohibited from assisting a school employee, contractor, or agent in obtaining a new job if the employee knows, or has probable cause to believe, that the person seeking a job change engaged in sexual misconduct regarding a minor or student.(c) Subsection (b) shall not apply if:
(1) The information giving rise to probable cause to believe sexual misconduct has occurred has been reported to the appropriate law enforcement agency; and(2) The matter has been officially closed in one (1) of the following ways:
(A) The prosecutor or police have investigated the allegations and notified school officials that there is insufficient information to establish probable cause;(B) The employee, contractor, or agent has been charged and either acquitted or exonerated; or(C) The case remains open, and there have been no charges or indictment filed within four (4) years of the date the information was reported to the law enforcement agency.(d) For the purposes of determining if sexual misconduct has occurred, an LEA may request a personnel file regarding any person seeking employment in the LEA from any LEA in which the person seeking employment worked previously. An LEA receiving such request shall provide the file to the requesting LEA within ten (10) business days.(e) The director of schools shall develop procedures to enforce this section.
