Tenn. Comp. R. & Regs. 0240 — Board of Regents

Chapter 0240-01-01 Repealed

Tenn. Comp. R. & Regs. 0240-01-01-.01 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed August 28, 1984; effective November 13, 1984. Amendment filed June 1, 1990; effective September 26, 1990. Repeal filed December 2, 2011; effective May 30, 2012.

Tenn. Comp. R. & Regs. 0240-01-01-.02 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed August 28, 1984; effective November 13, 1984. Amendment filed July 29, 1988; effective October 29, 1988. Amendment filed June 1, 1990; effective September 26, 1990. Amendment filed May 13, 1991; effective August 28, 1991. Repeal filed December 2, 2011; effective May 30, 2012.

Tenn. Comp. R. & Regs. 0240-01-01-.03 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed August 28, 1984; effective November 13, 1984. Amendment filed July 29, 1988; effective October 29, 1988. Amendment filed June 1, 1990; effective September 26, 1990. Repeal filed December 2, 2011; effective May 30, 2012.

Tenn. Comp. R. & Regs. 0240-01-01-.04 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed August 28, 1984; effective November 13, 1984. Amendment filed July 29, 1988; effective October 29, 1988. Amendment filed June 1, 1990; effective September 26, 1990. Amendment filed August 11, 2004; effective December 29, 2004. Repeal filed December 2, 2011; effective May 30, 2012.

Tenn. Comp. R. & Regs. 0240-01-01-.05 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed August 28, 1984; effective November 13, 1984. Amendment filed June 1, 1990; effective September 26, 1990. Repeal filed December 2, 2011; effective May 30, 2012. -- 1 of 2 --

Tenn. Comp. R. & Regs. 1240-01-01-.06 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Public necessity rule filed October 29, 2008; effective through April 12, 2009. Public necessity rule filed October 29, 2008, and effective through April 12, 2009, expired April 13, 2009, and rule reverted to its previous status. Repeal filed December 2, 2011; effective May 30, 2012 -- 2 of 2 --

Chapter 0240-01-02 Institutional Refunds

Tenn. Comp. R. & Regs. 0240-01-02-.01 PURPOSE

The purpose of this rule is to provide for procedures by which institutions refund unearned fees and charges to students. The federal statutory requirements for institutional refunds are found in

Section 484B of the “Higher Education Act of 1965”, as amended. Regulatory refund requirements are contained in 34 C.F.R. 668.22. This rule is designated to meet the federal requirement for state law governance of refunds.

History

• Authority: T.C.A. §49-8-203.
• Administrative History: Original rule filed October 20, 1995; effective February 28, 1995.

Tenn. Comp. R. & Regs. 0240-01-02-.02 APPLICABILITY

The refund process applies when a student does not register for the period of enrollment for which he or she was charged; or, withdraws, drops out, is expelled from the institution or otherwise fails to complete the program on or after his or her first day of class of the period of enrollment for which he or she was charged. Refunds of all fees and charges must be in accordance with this rule except where required by federal law or regulation to be otherwise.

History

• Authority: T.C.A. §49-8-203.
• Administrative History: Original rule filed October 20, 1995; effective February 28, 1995.

Tenn. Comp. R. & Regs. 0240-01-02-.03 REFUNDS

(1) Refunds consist of any unearned tuition, fees, room and board, and any other charges assessed or expended, but unearned or unused. Unless otherwise specified, or required by federal law, refund calculations shall be subject to the same refund policy as maintenance fees.

(2) Maintenance Fee Refunds.

(a) Refunds are 100 % for courses canceled by the institution.

(b) Changes in courses involving the adding and dropping of equal numbers of Student Credit Hours for the same term at the same time require no refund or assessment of additional maintenance fees. The change of course fee would be applicable.

(c) The basic refund for withdrawals or drops during regular terms (fall and spring) is 75% from the first day of classes through the fourteenth calendar day of classes and then reduced to 25% for a period of time which extends 25% of the length of the term. There is no refund after the 25% period ends.

(d) For summer sessions and other short terms, the 75% refund period and the 25% refund period will extend a length of time which is the same proportion of the term as the 75% and 25% periods are of the regular terms.

(e) All refund periods will be rounded to whole days and the date on which each refund period ends will be included in publications. In calculating the 75% period for other than the fall and spring and in calculating the 25% length of term in all cases, the number of calendar days during the term will be considered. When the calculation produces a fractional day, rounding will be up or down to the nearest whole day.

(f) A full refund (100%) is provided on behalf of a student whose death occurs during the term.

Any indebtedness should be offset against the refund.

(g) A 100% refund will be provided for students who enroll under an advance registration system but who drops a course or courses prior to the beginning of the first day of class.

(h) A 100% refund will be provided to students who are compelled by the institution to withdraw when it is determined that through institutional error they were academically ineligible for enrollment or were not properly admitted to enroll for the course(s) being dropped. An appropriate official must certify in writing that this provision is applicable in each case.

(i) When courses are included in a regular term’s registration process for administrative convenience, but the course does not begin until later in the term, the 75% /25% refunds will be based on the particular course’s beginning and ending dates. This provision does not apply to classes during the fall or spring terms which may meet only once per week. Those courses will follow the same refund dates as other regular courses for the term.

(j) The refund percentage is applied to the difference between the per hour rate (or maximum) for the number of credit hours immediately before the drop or withdrawal and the number immediately afterward.

(3)Out-of-State Tuition Refunds.

(a) The refund provision for out-of-state tuition is the same as that for maintenance fees. A 75% refund is made for the same period and a 25% refund is made for the same time period. When 100% of maintenance fees are refunded, 100% of out-of-state tuition also is refunded.

(b) Calculation procedures are the same as those specified for maintenance fees.

(4)Debt Service Fee Refunds. Debt service fees will be subject to the same refund policy as maintenance fees.

(5)Refund of Residence Hall/Apartment Rent and Deposit Refunds.

(a)Refunds of residence hall rent after registration will be prorated on a weekly calendar basis when the student is forced to withdraw from the residence hall: 1.Because of personal medical reasons confirmed in writing by a licensed physician; or, 2.At the request of the institution for other than disciplinary reasons.

(b)Full refund will be made in the case of the death of the student.

(c)Withdrawals for other reasons will be subject to the same 75%/25% amounts and time periods as maintenance fees.

(d)No refunds will be made other than under the above conditions.

(e)Residence hall reservations and breakage deposits will be refunded in full:

1. If the institution is notified by a specific date which it establishes, but which may not be later than 14 calendar days prior to the first official day of registration;

2. If the student is prevented from entering the university because of medical reasons confirmed in writing by a licensed physician.

3. If residence hall space is not available; or 4. In the case of the death of the student.

(6)Meal Plan Refunds. Each institution with meal plans should develop appropriate refund procedures.

History

• Authority: T.C.A. §49-8-203.
• Administrative History: Original rule filed October 20, 1995; effective February 28, 1995.

Chapter 0240-01-03 Records Required to be Kept Confidential by Federal Statues or Regulation

Tenn. Comp. R. & Regs. 0240-01-03-.01 RECORDS REQUIRED TO BE KEPT CONFIDENTIAL BY FEDERAL STATUTE OR

REGULATION. Records which are required to be kept confidential by federal statute or regulation as a condition for the receipt of federal funds or for participation in a federally funded program are confidential and not open for public inspection.

History

• Authority: T.C.A. §§49-8-203 and 10-7-503(b).
• Administrative History: Original rule filed August 13, 1998; effective December 29, 1998. -- 1 of 1 --

Chapter 0240-01-04 Access to Public Records of the Tennessee Board of Regents

Tenn. Comp. R. & Regs. 0240-01-04-.01 PURPOSE AND SCOPE OF AUTHORITY

(1) In accordance with T.C.A. § 10-7-503(g), this rule is promulgated to provide economical and efficient access to public records as provided under the Tennessee Public Records Act (TPRA) in T.C.A. §§ 10-7-501 et seq.

History

• Authority: T.C.A. §§ 10-7-501, et seq.; 10-7-503; and 49-8-203.
• Administrative History: Original rules filed January 4, 2019; effective April 4, 2019.

Tenn. Comp. R. & Regs. 0240-01-04-.02 DEFINITIONS

(1) FERPA – The Family Educational rights and Privacy Act, codified in 20 U.S.C. § 1232(g).

(2) Institution – All Community colleges and colleges of applied technology governed by the Tennessee Board of Regents and the system office.

(3) Public Record – All documents, papers, letters, maps, books, photographs, microfilms, electronic data processing files and output, films, sound recordings, or other material, regardless of physical form or characteristics, made or received pursuant to law or ordinance or in connection with the transaction of official business by any governmental agency. See T.C.A. § 10-7-503(a)(1)(A).

(4) Records Custodian – The office, official or employee lawfully responsible for the direct custody and care of a public record. See T.C.A. § 10-7-503(a)(1)(C). The records custodian is not necessarily the original preparer or receiver of the record.

(5) Requestor – A person seeking access to a public record, whether it is for inspection or duplication.

(6) Other definitions exist in the body of this rule.

History

• Authority: T.C.A. §§ 10-7-503, 49-8-203, and 20 U.S.C. § 1232(g).
• Administrative History: Original rules filed January 4, 2019; effective April 4, 2019.

Tenn. Comp. R. & Regs. 0240-01-04-.04 REQUESTING ACCESS TO PUBLIC RECORDS

(1) Public record requests must be communicated to the appropriate Institution or TBR System Office PRRC, or designee, to ensure public record requests are routed to the appropriate records custodian and fulfilled in a timely manner. The contact information for the TBR System Office PRRC is:

Tennessee Board of Regents Attn: Director of Communications 1 Bridgestone Park, 3 rd Floor Nashville, Tennessee 37214 Phone: 615-366-4417 Fax: 615-366-3910 OpenRecordsRequest@tbr.edu (2) The Institution PRRC’s, including institution, name, mailing address, phone number, fax number (if applicable), and email address, are identified on the TBR website at TBR Open Records.

(3)

A PRRC must not require that requests for inspection only be made in writing. However, the PRRC may request a written request to facilitate recordkeeping and ensure accuracy in fulfilling the request. The PRRC should request a mailing [or email] address from the requestor for providing any written communication required under the TPRA.

(4) Requests for inspection may be made orally or in writing using the Public Records Request Form, located on the TBR website. Requests for inspection may be made in person or by mail, phone, fax, or email to the TBR System Office PRRC listed in paragraph (1), or any Institution PRRC.

(5) Requests for copies, or requests for inspection and copies, shall be made in writing using the attached Form. Requests for copies may be made in person or by mail, phone, fax, or email to the TBR System Office PRRC listed in paragraph (1), or any Institution PRRC.

April, 2019 3 (6)

Proof of Tennessee citizenship by presentation of a valid Tennessee driver’s license (or alternative acceptable form of ID) is required as a condition to inspect or receive copies of public records.

(7) The meeting materials, minutes and webcasts of the meetings of the Board of Regents and its Committees held since November 2013 are available for viewing on the TBR website at Board Meeting Materials .

History

• Authority: T.C.A. §§ 10-7-503 and 49-8-203.
• Administrative History: Original rules filed January 4, 2019; effective April 4, 2019.

Tenn. Comp. R. & Regs. 0240-01-04-.05 RESPONDING TO PUBLIC RECORDS REQUESTS

(1) Public Record Request Coordinator (a) The PRRC shall review public record requests and make an initial determination of the following:

1. If the requestor provided evidence of Tennessee citizenship;

2. If the records requested are described with sufficient specificity to identify them; and 3. If the Institution is the custodian of the records.

(b) The PRRC shall acknowledge receipt of the request and take any of the following appropriate action(s):

1. Advise the requestor of this rule and the elections made regarding:

(i) Proof of Tennessee citizenship;

(ii) Form(s) required for copies;

(iii) Fees (and labor threshold and waivers, if applicable); and (iv) Aggregation of multiple or frequent requests.

2. If appropriate, deny the request in writing, providing the appropriate ground, such as one of the following:

(i) The requestor is not, or has not presented evidence of being a Tennessee citizen.

(ii) The request lacks specificity. (Offer to assist in clarification)

(iii) An exemption makes the record not subject to disclosure under the TPRA.

(Provide the exemption in written denial.)

(iv) The Institution is not the custodian of the requested records.

(v) The records do not exist.

April, 2019 4 3. The PRRCs shall report to the Board of Regents on an annual basis about the Institution’s compliance with the TPRA pursuant to this rule, and shall make recommendations, if any, for improvement or changes to this rule.

(2) Records Custodian (a) Upon receiving a public records request, a records custodian shall promptly make requested public records available in accordance with T.C.A. § 10-7-503. If the records custodian is uncertain that an applicable exemption applies, the custodian may consult with the PRRC, counsel, or the Tennessee Attorney General and Reporter.

(b) If not practicable to promptly provide requested records because additional time is necessary to determine whether the requested records exist; to search for, retrieve, or otherwise gain access to records; to determine whether the records are open; to redact records; or for other similar reasons, then a records custodian shall, within seven (7) business days from the records custodian’s receipt of the request, send the requestor a completed Public Records Request Response Form.

(c) If a records custodian denies a public record request, he or she shall deny the request in writing, and give the basis for the denial, which shall be general in nature and shall not disclose confidential information.

(d) If a records custodian reasonably determines production of records should be segmented because the records request is for a large volume of records, or additional time is necessary to prepare the records for access, the records custodian shall use the Public Records Request Response Form to notify the requestor that production of the records will be in segments and that a records production schedule will be provided as expeditiously as practicable. If appropriate, the records custodian should contact the requestor to see if the request can be narrowed.

(e) If a records custodian discovers records responsive to a records request were omitted, the records custodian should contact the requestor concerning the omission and produce the records as quickly as practicable.

(3) Redaction (a)

If a record contains confidential information or information that is not open for public inspection, the records custodian shall prepare a redacted copy prior to providing access. If questions arise concerning redaction, the records custodian should coordinate with counsel or other appropriate parties regarding review and redaction of records. The records custodian and the PRRC may also consult with the OORC or with the Office of Attorney General and Reporter.

(b)

Whenever a redacted record is provided, a records custodian should provide the requestor with the basis for redaction. The basis given for redaction shall be general in nature and not disclose confidential information.

History

• Authority: T.C.A. §§ 10-7-503 and 49-8-203.
• Administrative History: Original rules filed January 4, 2019; effective April 4, 2019.

Tenn. Comp. R. & Regs. 0240-01-04-.06 INSPECTION OF RECORDS

(1) There shall be no charge for inspection of open public records.

April, 2019 5 (2) The location for inspection of records within the offices of the Institution should be determined by either the PRRC or the records custodian.

(3) The PRRC determines the location for the inspection of public records and may require an appointment for the inspection of public records. The PRRC must not allow a requestor to inspect original records outside the presence of an Institution employee designated by the PRRC. The PRRC must take reasonable precautions to ensure that the integrity of the public records is maintained during the inspection of the records.

History

• Authority: T.C.A. §§ 10-7-503 and 49-8-203.
• Administrative History: Original rules filed January 4, 2019; effective April 4, 2019.

Tenn. Comp. R. & Regs. 0240-01-04-.07 COPIES OF RECORDS

(1)

A records custodian shall promptly respond to a public record request for copies in the most economic and efficient manner practicable.

(2) Copies will be available for pickup at a location specified by the records custodian.

(3) Upon pre-payment for postage in addition to the cost of the copies, copies will be delivered to the requestor’s home address by the United States Postal Service. Another means of delivery, such as a commercial delivery service, may be chosen by the requestor, subject to the pre-payment of the cost of delivery.

(4) A requestor will not be allowed to make copies of records with personal equipment if the cost of production of the records exceeds fifty dollars ($50).

(5) If copies are to be provided by the Institution in an electronic format, the Institution must provide the flash drive or other device used to store the media, at the expense of the requestor. Under no circumstances may a requestor provide a data storage device that will be connected to the institution’s IT system.

(6) Electronic records will be produced only in a read-only format.

History

• Authority: T.C.A. §§ 10-7-503 and 49-8-203.
• Administrative History: Original rules filed January 4, 2019; effective April 4, 2019.

Tenn. Comp. R. & Regs. 0240-01-04-.08 FEES AND CHARGES AND PROCEDURES FOR BILLING AND PAYMENT

(1) Fees and charges for copies of public records should not be used to hinder access to public records. No charges will be assessed for copies and duplicates unless the production costs exceed fifty dollars ($50).

(2) Records custodians shall provide requestors with an itemized estimate of the charges, using the appropriate form, prior to producing copies of records and may require pre-payment of such charges before producing requested records.

(3) When fees for copies and labor do not exceed one hundred dollars ($100), the fees may be waived.

(4)

Requests for waivers for fees above $50 must be presented to the Institution’s chief finance officer, who is authorized to determine if such waiver is in the best interest of the institution and for the public good. Fees associated with aggregated records requests will not be waived.

April, 2019 6 (5) Fees and charges for copies are as follows:

(a) $0.15 per page for 8 ½” x 11” and 8 ½” x 14” black and white copies.

(b) $0.50 per page for 8 ½” x 11” and 8 ½” x 14” color copies. Prior to copying records in color, the requestor must be advised that the record can be produced in color for the higher cost and consent to paying for color copies.

(c) The charge for a duplex copy must be the same as the charge for two (2) separate copies.

(d) If a copy of a public record is produced on a medium other than for 8½” x 11” or 8 ½” x 14” paper, then the PRRC must assess a copy charge equal to the actual cost of producing a copy of the public record, taking into consideration the amount of material, equipment costs and the cost of the alternative medium.

(e) If the requested records exist electronically, but not in the format requested or a new or modified computer program of application is necessary to put the records in a readable and reproducible format, or it is necessary to access backup files, the PRRC must charge the requestor the actual costs incurred in producing the records in the format requested, or in creating or modifying a computer program or application necessary to put the records in a readable and reproducible format, or in accessing backup files.

(f) The TPRA does not require the Institution to provide public records to a requestor in the format requested by the requestor if the record does not already exist in that format (e.g., a format that can be manipulated; paper instead of electronic).

(g) When providing electronic copies of public records, the PRRC may charge per-page copying costs only when paper copies that did not already exist were required to be produced in responding to the request, such as when an electronic public record must be printed and redacted.

(h)

The PRRC may charge the actual costs for flash drives or similar storage devices on which electronic copies are provided.

(i) If an outside vendor is used, the actual costs assessed by the vendor must be charged to the requestor.

(6) Fees and Labor Costs (a) The PRRC must charge the requestor the hourly wage of the employee(s) reasonably necessary to produce the requested records above the labor threshold.

1. The “labor threshold” is the labor of the employee(s) reasonably necessary to produce requested records for the first hour incurred by the Institution in producing the records.

2. “Labor” means the employee time reasonably necessary to produce the requested records and includes the time spent locating, retrieving, reviewing, redacting, and reproducing the records.

3. The “hourly wage” is based upon the employee(s) base salary and does not include benefits.

(b) In calculating the labor costs to be charged to the requestor:

April, 2019 7 1. First, determine the number of hours each employee spent producing the requested public records;

2. Second, subtract the one (1) hour labor threshold from the number of hours the highest paid employee spent producing the request;

3. Third, multiply the total number of hours to be charged for the labor of each employee by that employee’s hourly wage; and 4. Fourth, add together the totals for all the employees involved in the request to determine the total amount of the labor costs to be charged to the requestor.

(c) Labor costs should be tracked based on tenths of an hour, rounded down.

(d) The PRRC should strive to ensure that current employees with the lowest practicable hourly wage be used to fulfill public records requests. However, the PRRC has the discretion to determine that is more cost effective to utilize a higher-compensated employee if he/she can accomplish the task more efficiently, which may result in lower total labor costs.

(7) The PRRC has the discretion to determine how payment for production costs must be made (e.g., cash, check credit/debit card).

(8) Payment in advance will be required when costs are estimated to exceed fifty dollars ($50).

History

• Authority: T.C.A. §§ 10-7-503 and 49-8-203.
• Administrative History: Original rules filed January 4, 2019; effective April 4, 2019.

Tenn. Comp. R. & Regs. 0240-01-04-.09 AGGREGATION OF FREQUENT AND MULTIPLE REQUESTS

(1) The Institution will aggregate record requests in accordance with the Frequent and Multiple Request Policy promulgated by the OORC when more than (4) requests are received within a calendar month (either from a single individual or a group of individuals deemed working in concert).

(2) When Aggregating:

(a) The level at which records requests will be aggregated is at the institution level.

(b) The PRRC is responsible for making the determination that a group of individuals are working in concert. The PRRC or the records custodian must inform the individuals that they have been deemed to be working in concert and that they have the right to appeal the decision to the OORC.

(c) Routinely released and readily accessible records excluded from aggregation include, but are not limited to:

1. Materials for meetings of the Board of Regents and Board committees;

2. Other records determined by the PRRC.

History

• Authority: T.C.A. §§ 10-7-503 and 49-8-203.
• Administrative History: Original rules filed January 4, 2019; effective April 4, 2019. April, 2019 8

Tenn. Comp. R. & Regs. 0240-01-04-.10 CONFIDENTIALITY EXCEPTIONS

(1) Exceptions to the right to inspect or copy public records include, without limitation:

(a) Records made confidential by the TPRA itself or by other state law; and (b) Records the Institution is required to keep confidential by federal statute or regulation as a condition for receipt of federal funds or for participation in a federally funded program.

History

• Authority: T.C.A. §§ 10-7-503 and 49-8-203.
• Administrative History: Original rules filed January 4, 2019; effective April 4, 2019.

Tenn. Comp. R. & Regs. 0240-01-04-.03 GENERAL ACCESSIBILITY OF PUBLIC RECORDS

(1) The TPRA The TPRA provides that all state, county and municipal records shall, at all times during business hours, be open for personal inspection by any citizen of this state, and those in charge of the records shall not refuse such right of inspection to any citizen, unless otherwise provided by state law. See Tenn. Code Ann. § 10-7-503(a)(2)(A). Accordingly, the public records of the institutions governed by the Tennessee Board of Regents are presumed April, 2019 2 to be open for inspection during the regular hours of the institution’s business office, unless otherwise provided by law.

(2) Institution personnel shall provide timely and efficient access and assistance to persons requesting to view or receive copies of public records. No provisions of this rule shall be used to hinder access to open public records. However, the integrity and organization of public records, as well as the efficient and safe operation of the institution shall be protected as provided by current law. Concerns about this rule should be addressed to the Public Records Request Coordinator for The Tennessee Board of Regents or to the Tennessee Office of the Attorney General and Reporter.

(3) This rule is posted online on the TBR website at (TBR Open Records Rules). This rule shall be reviewed annually.

(4) This rule shall be applied consistently throughout the institutions and the TBR system office.

(5) Each institution shall designate a Public Records Request Coordinator (“PRRC”) and notify the TBR System Office PRRC of that person’s name and contact information.

History

• Authority: T.C.A. §§ 10-7-503 and 49-8-203.
• Administrative History: Original rules filed January 4, 2019; effective April 4, 2019.

Chapter 0240-01-05 Contested Case Procedures

Tenn. Comp. R. & Regs. 0240-01-05-.01 CONTESTED CASE PROCEDURES

(1) This Chapter outlines the procedures that the Tennessee Board of Regents (the TBR) and institutions under the authority of the TBR shall use to conduct hearings in contested cases under the Uniform Administrative Procedures Act, Tennessee Code Annotated §§ 4-5-101 et seq. (the UAPA). Contested cases are proceedings in which the legal rights, duties, or privileges of a student, student organization, employee, or other person are required by any statute or constitutional provision to be determined only after that individual or entity has been provided an opportunity for a hearing.

(2) Applicability – TBR and institutions under its authority will apply the contested case provisions of the UAPA to:

(a) The suspension or expulsion of students who elect and properly request to pursue a UAPA hearing when made available by TBR rules instead of another available hearing option;

(b) Revocation of recognition of a student organization; and (c) Any case where a contested case hearing is properly requested and required by law to be offered.

(d) These rules are not applicable either to termination of faculty for adequate cause, which proceedings are subject to the provisions of T.C.A. § 49-8-302; to proceedings subject to TBR Chapter 0240-02-10, Title IX Compliance; or where otherwise prohibited by state or federal law.

(3) Administrative Judges and Hearing Officers (a) In any case where a UAPA contested case hearing is available, elected, and properly requested, the president (or chancellor for cases arising out of the TBR System Office) or designee may make a request to the office of the secretary of state to have the contested case heard by an administrative judge or hearing officer employed in the office of the secretary of state.

(b) In lieu of asking the secretary of state to have the contested case heard by an administrative judge or hearing officer employed in the office of the secretary of state, the president (or chancellor for cases arising out of the TBR System Office) or designee may determine, in his or her sole discretion, whether the hearing shall be held before:

1. A person who is licensed to practice law and who is not employed as an attorney for a TBR institution or the TBR System Office;

2. A former state, county, or municipal judge or a former federal judge or magistrate;

October, 2021 2 3. An employee of a TBR institution or TBR System Office who has been trained to conduct contested cases, but who does not provide legal representation to the institution; or 4. An employee of another public institution who has been trained to conduct contested cases.

(c) Any administrative judge or hearing officer who hears a case involving sexual harassment, sexual assault, domestic violence, dating violence, or stalking shall receive training as required by federal and/or state law.

(4) Procedures (a) The UAPA and the Tennessee Department of State’s Uniform Rules of Procedures for Hearing Contested Cases before State Administrative Agencies, Tennessee Department of State Rule Chapter 1360-04-01, shall be used for contested case hearings under this

Chapter.

(b) For purposes of review and action following issuance of an initial order, the agency head will be the president or other head of an institution out of which the contested case arises, and the chancellor or chancellor’s designee when the contested case arises out of the TBR System Office or when the president or other head of an institution is not available to serve as agency head due to a conflict of interest, recusal, disqualification, or other reason.

History

• Authority: T.C.A. §§ 49-7-167 and 49-8-203.
• Administrative History: New rule filed July 13, 2021; effective October 11, 2021.

Chapter 0240-01-06 Parking and Traffic Rules

Tenn. Comp. R. & Regs. 0240-01-06-.01 DEFINITIONS

(1) The term “motor vehicle” means any self-propelled vehicle that is capable of exceeding twentyfive (25) miles per hour.

History

• Authority: T.C.A. § 49-8-203(a)(1)(D).
• Administrative History: New rules filed July 13, 2021; effective October 11, 2021.

Tenn. Comp. R. & Regs. 0240-01-06-.02 GENERAL PROVISIONS

(1) The purpose of these rules is to facilitate and regulate the safety and orderly operation of motor vehicles on property of institutions under the control of the Tennessee Board of Regents (the TBR) and to provide parking facilities for their operation within the limits of available space.

(2) Institutions shall identify an administrative unit or administrator responsible for implementation and enforcement of these rules.

(3) Any person operating a motor vehicle on the property of a TBR institution or controlled by a TBR institution is required to obey these rules as a condition of parking or operating a motor vehicle on institution property or institution-controlled property.

(4) The issuance of an institution parking permit does not guarantee a parking space. The inability to locate a designated parking space does not diminish the responsibility to park in accordance with these rules.

(5) The absence of “no parking” signs or painted curbs/lines does not imply that parking is allowed.

Parking in designated lots is restricted to designated spaces only. Motor vehicles parked outside of designated spaces are subject to citation and towing, and the owner/operator may be subject to disciplinary and/or administrative action.

(6) The institution shall have no responsibility for theft or damage to any motor vehicle or its contents operated or parked on institution property or institution-controlled property.

(7) These rules are enforceable seven (7) days a week, twenty-four (24) hours a day, including holidays and breaks.

History

• Authority: T.C.A. § 49-8-203(a)(1)(D).
• Administrative History: New rules filed July 13, 2021; effective October 11, 2021. October, 2021 2

Tenn. Comp. R. & Regs. 0240-01-06-.03 REGISTRATION

(1) Institutions may require students, employees, and visitors to register motor vehicles and/or obtain parking permits in order to park on institution property or institution-controlled property.

Reasonable costs/fees may be assessed in association with the motor vehicle registration or permit process. Any fees or costs associated with registration of motor vehicles, together with appropriate information sufficient to justify the fee/cost amount, shall be submitted for review and approval by the TBR prior to implementation at any institution.

(2) Institutions choosing to utilize parking permits shall identify locations where parking permits are available for pickup and purchase by students, visitors, and employees. Lost or stolen parking permits must be reported to the institution.

(3) If the institution utilizes parking permits, only motor vehicles properly displaying a parking permit, visitor pass, or those motor vehicles legally parked where no permit is required may be parked on institution property or institution-controlled property.

(4) Parking permit holders are only eligible for one (1) parking permit at a time. Permits may be moved from one (1) motor vehicle to another. Parking permits may not be transferred from one person to another.

History

• Authority: T.C.A. § 49-8-203(a)(1)(D).
• Administrative History: New rules filed July 13, 2021; effective October 11, 2021.

Tenn. Comp. R. & Regs. 0240-01-06-.04 PARKING ZONES

(1) Institutions shall clearly designate lots for which parking permits are required and the types of permits required for such lots.

(2) Persons utilizing disabled parking spaces must have a state-issued disability license plate or disability placard. All students, faculty, and staff who have a state-issued placard or license plate should be registered with the institution to ensure access to the appropriate disabled parking spaces on institution property or institution-controlled property.

(3) Motorcycles, motor bikes, and motor scooters must display a motorcycle permit (if issued by the institution) and are only permitted to park in parking spaces designated as “motorcycle parking” or in other regularly marked parking spaces. Operating these motor vehicles on any surface other than designated streets or parking areas is prohibited.

History

• Authority: T.C.A. § 49-8-203(a)(1)(D).
• Administrative History: New rules filed July 13, 2021; effective October 11, 2021.

Tenn. Comp. R. & Regs. 0240-01-06-.05 MOTOR VEHICLE OPERATION

(1) Operators of motor vehicles on institution property or institution-controlled property, which includes city streets running through campus, must obey all traffic rules, regulations, postings, and directions of law enforcement, regardless of whether the rule, regulation, posting, or direction is included in these rules, and all applicable traffic rules, regulations, postings, or directions.

(2) Violating posted speed limits, the reckless operation of a motor vehicle on institution property or institution-controlled property, including but not limited to, squealing tires, or sliding the motor vehicle is prohibited.

October, 2021 3 (3) All persons operating motor vehicles on institution property or institution-controlled property are responsible for maintaining proper control of the motor vehicle, safe operation, and observance of traffic control signs, barriers, and devices.

(4) Operating a motor vehicle in any area other than a street or a roadway intended for motor vehicles on institution property or institution-controlled property is prohibited.

(5) Pedestrians have the right of way at established pedestrian crossings on institution property or institution-controlled property, except where regulated by traffic control lights or police officers.

(6) Individuals riding bicycles on institution property or institution-controlled property must comply with all applicable traffic rules, regulations, postings, or directions.

History

• Authority: T.C.A. § 49-8-203(a)(1)(D).
• Administrative History: New rules filed July 13, 2021; effective October 11, 2021.

Tenn. Comp. R. & Regs. 0240-01-06-.06 VIOLATIONS

The following are non-exclusive examples of violations of these rules.

(1) Registration (a) Unauthorized possession of a parking permit;

(b) Falsification of registration information; and (c) Illegal use, unauthorized use, reproduction or alteration of a parking permit or temporary parking permit.

(2) Parking (a) In a no parking zone;

(b) No permit or visitor pass where required;

(c) Improper display of permit or visitor pass;

(d) Parked outside of lines or appropriately marked parking space;

(e) In such a manner as to block or obstruct traffic, street, sidewalk, driveway, fire hydrant, building entrance or exit, or another motor vehicle;

(f) In a fire lane;

(g) Overtime in a metered space;

(h) Illegal entry/exit in an access-controlled or gated parking facility, which includes, but is not limited to, tailgating another motor vehicle;

(i) Non-operative vehicle parked on institution property or institution-controlled property for longer than seven (7) days without permission from the institution;

(j) Breaking the gate in an access-controlled gated parking facility; and (k) Disability parking violation, as defined by State law (including, but not limited to, unauthorized use of a disabled parking space, ramp, plate, or placard; parking a motor vehicle so that a portion of the motor vehicle encroaches into a disabled space in a manner that restricts, or reasonably could restrict, a person confined to a wheelchair from October, 2021 4 exiting or entering a motor vehicle properly parked within a disabled parking space).

Fines for violating the disabled parking laws cannot be suspended or waived where prohibited by T.C.A. § 55-21-108.

(3) Institution police officers may issue citations for violations of these rules, city county ordinances, and/or state laws. Individuals who receive a citation for violations of city or county ordinances and/or state laws must appear in court on the court date listed on the citation or pay the citation fine if appearance in court is not required.

History

• Authority: T.C.A. § 49-8-203(a)(1)(D).
• Administrative History: New rules filed July 13, 2021; effective October 11, 2021.

Tenn. Comp. R. & Regs. 0240-01-06-.07 FINES

(1) Fines may be set for each institution but shall not exceed the greater of fifty dollars ($50.00) or the amount set by any state law, or any county or municipal ordinance in the institution’s jurisdiction for the same offense. Provided, however, if a state statute requires that a fine be set at more than fifty dollars ($50.00), the institution shall set the fine in compliance with the statute. Any such citation written as violation of a city or county ordinance and/or state law will be resolved by a court; any such violation issued as an institutional citation shall not exceed fifty dollars ($50.00). Proposed fines shall be submitted to the Chancellor together with information sufficient to justify the fine. The setting of fine amounts information shall include consideration of state/county/municipal fines for the same offense, fines for the same offense at similarly situated institutions, association to enforcement costs at the institution, and/or the unique parking and traffic considerations at each institution. Following approval by the Chancellor, the public will receive notice and be allowed to comment on the proposed fines, after which all fines shall be approved by the Board of Regents. Once adopted or amended, all fines shall be affirmatively communicated to the faculty, staff, and students of the institution through its website.

History

• Authority: T.C.A. § 49-8-203(a)(1)(D).
• Administrative History: New rules filed July 13, 2021; effective October 11, 2021.

Tenn. Comp. R. & Regs. 0240-01-06-.08 ENFORCEMENT

(1) Any student, employee, or visitor who has received an institution-issued citation may appeal the citation within fifteen (15) business days of the date of issuance. Citations issued by the institution and not appealed must be paid within fifteen (15) business days of the issuance date of the citation.

(2) An institution, without advance notice, may tow, boot, or remove to a place of storage at the owner’s expense any motor vehicle that is parked in a fire lane, designated disabled parking space, spaces reserved for designated motor vehicles, or motor vehicles parked in such a manner as to impede the flow of traffic or disrupt the orderly affairs of the institution.

(3) An institution may tow, boot, or remove to a place of storage at the owner’s expense any motor vehicle that has unpaid parking citations as long as advance notice and an opportunity to contest has been given. Windshield notices and/or other methods of notification will be used to provide the operator of the motor vehicle with advance notice of the intent to tow and the operator’s right to contest the institution’s action.

(4) An institution may revoke an operator’s parking privileges for repeated and/or deliberate parking or moving violations.

October, 2021 5 (5) Any student who receives $100.00 or more in traffic and/or parking violations on institution property or institution-controlled property during any semester may be subject to disciplinary action in accordance with applicable rules.

(6) Parking permits, if utilized, are issued to persons, not motor vehicles, and are required to be affixed to a motor vehicle. Permit holders are responsible for citations incurred with their permit.

Persons will also be held liable for a violation incurred by a motor vehicle without a permit when that motor vehicle is reasonably shown to be associated with the person.

History

• Authority: T.C.A. § 49-8-203(a)(1)(D).
• Administrative History: New rules filed July 13, 2021; effective October 11, 2021.

Tenn. Comp. R. & Regs. 0240-01-06-.09 APPEALS

(1) Any student who has received an institution-issued citation may appeal the citation to the institution’s administrator or committee responsible for hearing student appeals within fifteen (15) days of the issuance date of the citation. Each institution shall provide instructions for appeals on its website. Appeals may be filed in person or online. All decisions by the administrator or committee responsible for student appeals are final.

(2) Any employee who has received an institution-issued citation may appeal the citation to the committee responsible for hearing employee appeals within fifteen (15) days of the issuance date of the citation. Each institution shall provide instructions for appeals on its website.

Appeals may be filed in person or online. All decisions by the committee responsible for employee appeals are final.

(3) Any person not affiliated with the institution who has received an institution-issued citation may appeal the citation within fifteen (15) days of the issuance date of the citation. Each institution shall provide instructions on its website for appeals and the name of the administrator responsible for resolving appeals. Appeals may be filed in person or online. All decisions by the administrator responsible for appeals by unaffiliated individuals are final.

History

• Authority: T.C.A. § 49-8-203(a)(1)(D).
• Administrative History: New rules filed July 13, 2021; effective October 11, 2021.

Chapter 0240-02-01 Alcoholic Beverages

Tenn. Comp. R. & Regs. 0240-02-01-.01 ALCOHOLIC BEVERAGES

(1) Definitions. As used in this rule, (a) “Alcoholic Beverage” means and includes intoxicating liquors, wine and beer, as defined by T.C.A. § 57-3-101 and T.C.A. § 57-5-101;

(b) “Institution Property” means property owned or controlled by an institution governed by the Tennessee Board of Regents.

(2) The possession and/or consumption of alcoholic beverages by students under the age of twenty-one (21) on institution property is absolutely prohibited.

(3) The possession and/or consumption of alcoholic beverages by students age twenty-one (21) and over on property owned or controlled by an institution governed by the Tennessee Board of Regents is prohibited except:

(a) Students who are at least twenty-one (21) years of age may possess unopened containers of alcoholic beverages within their personal vehicles, provided that they may not open the containers or consume the contents while on institution property and the alcoholic beverage must be stored out of plain sight. When the student is not in the vehicle, the vehicle must remain locked.

(b) Students who are at least twenty-one (21) years of age may consume alcoholic beverages at an event on institution property for which the President has approved the serving and consumption of alcoholic beverages by those invited to the event and to which the student is an invited guest.

(4) Disciplinary Action (a) Students violating this rule and/or any related system or institution policy shall be subject to discipline in accordance with the institution’s disciplinary policy.

(b) Violation of this rule by students under the age of twenty-one (21) shall be reported to campus law enforcement.

(c) Except as prohibited by the Family Educational Rights and Privacy Act (FERPA) 20 U.S.C. § 1232(g), the institution shall notify a parent or legal guardian of a student under twenty-one (21) years of age if the student has committed a disciplinary violation with respect to the use or possession of alcoholic beverages on institution property.

History

• Authority: T.C.A. §§ 49-7-146 and 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed August 28, 1984; effective November 13, 1984. Amendments filed March 22, 2018; effective June 20, 2018.

Chapter 0240-02-02 Classifying Student In-State and Out-of-State

Tenn. Comp. R. & Regs. 0240-02-02-.01 INTENT

It is the intent that the public institutions of higher education in the State of Tennessee shall apply uniform rules, as described in these regulations and not otherwise, in determining whether students shall be classified “in-state” or “out-of-state” for fees and tuition purposes and for admission purposes.

History

• Authority: T.C.A. § 49-8-104.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983.

Tenn. Comp. R. & Regs. 0240-02-02-.02 DEFINITIONS

Wherever used in these regulations:

(1) “Public higher educational institution” shall mean a university or community college supported by appropriations made by the Legislature of this State.

(2) “Residence” shall mean continuous physical presence and maintenance of a dwelling place within this State, provided that absence from the State for short periods of time shall not affect the establishment of a residence.

(3) “Domicile” shall mean a person’s true, fixed, and permanent home and place of habitation; it is the place where he or she intends to remain, and to which he or she expects to return when he or she leaves without intending to establish a new domicile elsewhere.

Undocumented aliens cannot establish domicile in Tennessee, regardless of length of residence in Tennessee.

(4) “Emancipated person” shall mean a person who has attained the age of eighteen (18) years, and whose parents have entirely surrendered the right to the care, custody, and earnings of such person and who no longer are under any legal obligation to support or maintain such deemed “emancipated person.”

(5) “Parent” shall mean a person’s father or mother. If there is a non-parental guardian or legal custodian of an unemancipated person, then “parent” shall mean such guardian or legal custodian; provided, that there are not circumstances indicating that such guardianship or custodianship was created primarily for the purpose of conferring the status of an in-state student on such unemancipated person.

(6) “Continuous enrollment” shall mean enrollment at a public higher educational institution or institution of this State as a full-time student, as such term is defined by the governing body of said public higher educational institution or institutions, for a normal academic year or years or the appropriate portion or portions thereof since the beginning of the period for which continuous enrollment is claimed. Such person need not enroll in summer sessions or other such inter-sessions beyond the normal academic year in order that his or her enrollment be deemed continuous notwithstanding lapses in enrollment occasioned solely by the scheduling of the commencement and/or termination of the academic years, or appropriate portion thereof, of the public higher educational institutions in which such person enrolls.

History

• Authority: T.C.A. §§ 49-8-104 and 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed July 29, 1986; effective October 29, 1986. Amendment filed August 11, 2004; effective December 29, 2004.

Tenn. Comp. R. & Regs. 0240-02-02-.03 RULES FOR DETERMINATION OF STATUS

(1) Every person having his or her domicile in this State shall be classified “in-state” for fee and tuition purposes and for admission purposes.

(2) Every person not having his or her domicile in this State shall be classified “out-of-state” for said purposes.

(3) The domicile of an unemancipated person is that of his or her parent, except as provided in paragraph (5) of this rule.

(4) Unemancipated students of divorced parents shall be classified as “in-state” when one (1) parent, regardless of custodial status, is domiciled in Tennessee, except as provided in paragraph (5) of this rule.

(5) A student is classified “in-state” for fee and tuition purposes if the student is a citizen of the United States, has resided in Tennessee for at least one (1) year immediately prior to admission and has:

(a) Graduated from a Tennessee public secondary school;

(b) Graduated from a private secondary school that is located in this state; or (c) Earned a Tennessee high school equivalency diploma.

(6) The spouse of a student classified as “in-state” shall also be classified as “in-state”, subject to the requirements of Tennessee Code Annotated, Title 4, Chapter 58.

History

• Authority: T.C.A. §§ 49-8-104 and 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed August 7, 1995; effective December 29, 1995. Amendment filed August 11, 2004; effective December 29, 2004. Emergency rule filed August 4, 2014; effective through January 31, 2015. Amendment filed August 4, 2014; effective November 1, 2014.

Tenn. Comp. R. & Regs. 0240-02-02-.04 OUT-OF-STATE STUDENTS WHO ARE NOT REQUIRED TO PAY OUT-OF-STATE

TUITION.

(1) An unemancipated, currently enrolled student shall be reclassified out-of-state should his or her parent, having theretofore been domiciled in the State, remove from the State. However, such student shall not be required to pay out-of-state tuition nor be treated as an out-of-state student for admission purposes so long as his or her enrollment at a public higher educational institution or institutions shall be continuous.

(2) An unemancipated person whose parent is not domiciled in this State but is a member of the armed forces and stationed in the state or at Fort Campbell pursuant to military orders shall be classified out-of-state but shall not be required to pay out-of-state tuition. Such a person, while in continuous attendance toward the degree for which he or she is currently enrolled, shall not be required to pay out-of-state tuition if his or parent thereafter is transferred on military orders.

(3) A person whose domicile is in a county of another state lying immediately adjacent to Montgomery County, or whose place of residence is within thirty (30) miles of Austin Peay State University shall be classified out-of-state but shall not be required to pay out-of-state tuition at Austin Peay State University.

(4) Part-time students who are not domiciled in this State but who are employed full-time in the State, or who are stationed at Fort Campbell pursuant to military orders, shall be classified out-of-state but shall not be required to pay out-of-state tuition. This shall apply to part-time students who are employed in the State by more than one employer, resulting in the equivalent of full-time employment.

(5) Military personnel and their spouses stationed in the State of Tennessee who would be classified out-of-state but shall not be required to pay out-of-state tuition. This provision shall not apply to military personnel and their spouses who are stationed in this State primarily for educational purposes.

(6) Any dependent child who qualifies and is selected to receive a scholarship under the Dependent Children Scholarship Act (T.C.A. § 49-4-704) because his or her parent is a law enforcement officer, fireman, or emergency medical service technician who was killed or totally and permanently disabled while performing duties within the scope of employment, shall not be charged out-of state tuition.

(7) Students who are selected to participate in the institutions’ Honors programs.

(8) A person whose domicile is in Mississippi County, Arkansas, or either Dunlin County or Pemiscot County, Missouri and who is admitted to Dyersburg State Community College, shall not be required to pay out-of-state tuition.

(9) A person who is not domiciled in Tennessee, but has a bona fide place of residence in a county which is adjacent to the Tennessee state line and which is also within a 30 mile radius (as determined by THEC) of a city containing a two year TBR institution, shall be classified out-of-state, but admitted without tuition. The two-year institution may admit only up to three percent (3%) of the full-time equivalent attendance of the institution without tuition. (THEC may adjust the number of the non-residents admitted pursuant to this section every three (3) years.) (See T.C.A. §49-8-102)

(10) Active-duty military personnel who begin working on a college degree at a TBR institution while stationed in Tennessee or at Fort Campbell, Kentucky, and who are transferred or deployed prior to completing their degrees, can continue to completion of degrees at that same institution without being required to pay out-of-state tuition, as long as he or she completes at least one (1) course of credit each twelve (12) month period after the transfer or deployment. Exceptions may be made in cases where the service member is deployed to an area of armed conflict for periods exceeding twelve (12) months.

(11) Students who participate in a study-abroad program, when the course(s) in the study-abroad program is/are the only course(s) for which the student is registered during that term, shall not be required to pay out-of-state tuition.

(12) Students who are awarded tuition waiver scholarships for participation in bona fide campus performance-based programs, according to established guidelines, shall not be required to pay out-of-state tuition.

(13) A veteran enrolled in any Tennessee Board of Regents (TBR) institution of higher education in this state shall not be required to pay out-of-state tuition or any out-of-state fee, if the veteran:

(a) Has not been dishonorably discharged from a branch of the United States armed forces or the National Guard;

(b) Is eligible for Post-9/11 GI Bill benefits or Montgomery GI Bill benefits; and (c) Enrolls in the TBR institution, after satisfying all admission requirements, within twentyfour (24) months after the date of discharge as reflected on the veteran’s certificate of release or discharge from active duty, Form DD-214, or an equivalent document.

(14) To continue to qualify for in-state tuition and fees under paragraph (13), a veteran shall:

(a) Maintain continuous enrollment as defined by the TBR institution at which the veteran is enrolled; and (b) Within one (1) year of enrolling in the TBR institution:

1. Register to vote in this state; or 2. Demonstrate by objective evidence intent to be a resident of this state by obtaining at least two (2) of the following:

(i) A Tennessee driver license;

(ii) A Tennessee motor vehicle registration;

(iii) Proof of established employment in the state; or (iv) Other documentation clearly evidencing domicile or residence in the state, as determined by the Tennessee Higher Education Commission.

History

• Authority: T.C.A. §§ 49-8-104 and 49-8-203 and Public Chapter No. 612, Tennessee Veterans Education Transition Support Act.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed July 29, 1986; effective October 29, 1986. Amendment filed July 29, 1988; effective October 29, 1988. Amendment filed February 8, 1989; effective May 29, 1989. Amendment filed August 7, 1995; effective December 29, 1995. Amendment filed August 11, 2004; effective December 29, 2004. Emergency rule filed August 4, 2014; effective through January 31, 2015. Amendments filed August 4, 2014; effective November 1, 2014.

Tenn. Comp. R. & Regs. 0240-02-02-.05 PRESUMPTION

Unless the contrary appears from clear and convincing evidence, it shall be presumed that an emancipated person does not acquire domicile in the State while enrolled as a full-time student at any public or private higher educational institution in this State, as such status is defined by such institution.

History

• Authority: T.C.A. § 49-8-104.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Repeal and new rule filed August 11, 2004; effective December 29, 2004.

Tenn. Comp. R. & Regs. 0240-02-02-.06 EVIDENCE TO BE CONSIDERED FOR ESTABLISHMENT OF DOMICILE

If a person asserts that he or she has established domicile in this State, he or she has the burden of providing that he or she has done so. Such a person is entitled to provide to the public higher educational institution by which he seeks to be classified or reclassified in-state, any and all evidence which he or she believes will sustain his or her burden of proof. Said institution will consider any and all evidence provided to it concerning such claim of domicile but will not treat any particular type or item of such evidence as conclusive evidence that domicile has or has not been established.

History

• Authority: T.C.A. § 49-8-104.
• Administrative History: Repeal of all rules by Public Chapter 261; effective: July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983.

Tenn. Comp. R. & Regs. 0240-02-02-.07 APPEAL

The classification officer of each public higher educational institution shall be responsible for initially classifying students “in-state” or “out-of-state.” Appropriate procedures shall be established by each such institution by which a student may appeal his or her initial classification.

History

• Authority: T.C.A. § 49-8-104.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983.

Tenn. Comp. R. & Regs. 0240-02-02-.08 EFFECTIVE DATE FOR RECLASSIFICATION

If a student classified out-of-state applies for in-state classification and is subsequently so classified, his or her in-state classification shall be effective as of the date on which reclassification was sought. However, out-of-state tuition will be charged for any quarter or semester during which reclassification is sought and obtained unless application for reclassification is made to the admissions officer on or before the last day of registration of that quarter or semester.

History

• Authority: T.C.A. § 49-8-104.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983.

Tenn. Comp. R. & Regs. 0240-02-02-.09 EFFECTIVE DATE

These regulations supersede all regulations concerning classification of persons for fees and tuition and admission purposes previously adopted by the Board of Regents and having been approved by the Governor, become effective on July 1, 1983, or upon their becoming effective pursuant to the provisions of T.C.A. §49-5-101 et seq. as amended.

History

• Authority: T.C.A. § 49-8-106.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983.

Chapter 0240-02-03 Student Conduct and Disciplinary Sanctions

Tenn. Comp. R. & Regs. 0240-02-03-.01 INSTITUTIONAL RESTATEMENT OF RULES

(1) Students enrolled in a TBR postsecondary educational institution are citizens of their civic communities as well as the academic community. As such, they are expected to conduct themselves as law-abiding members of each community at all times. Admission to an institution of postsecondary education carries with it special privileges and imposes special responsibilities apart from those rights and duties enjoyed by non-students. In recognition of the special relationship that exists between the institution and the academic community which it seeks to serve, the Tennessee Board of Regents (“TBR” or “the Board”) has authorized the presidents of the institutions under its jurisdiction to take such action, consistent with these rules and the institution’s restatement of these rules, as may be necessary to maintain conditions on institution-owned and/or controlled property and to preserve the integrity of the institution and its educational environment.

(2) Pursuant to this authorization and in fulfillment of its duties to provide a secure and stimulating atmosphere in which individual and academic pursuits may flourish, the TBR has developed the following rules to govern student conduct for the institutions under its jurisdiction. Each institution under the jurisdiction of the TBR is directed to publish an institutional restatement of these rules to students. In addition, students are subject to all federal, state, and local laws and ordinances. Institutions may enforce these rules regardless of the status or outcome of any external proceedings instituted by other civil or criminal authorities. Students are responsible for compliance with these rules.

(3) For the purpose of these rules, a “student” shall mean any person:

(a) Who is admitted, enrolled, and/or registered for study (including for non-credit classes) at a TBR institution for any academic period. This shall include any period of time following admission and/or registration, but preceding the start of classes for any academic period, following the end of an academic period through the last day for registration for the succeeding academic period, and during any period while the student is under suspension from the institution;

(b) Subject to a period of suspension or removal from campus resulting from a finding of a violation of these rules;

(c) Who engaged in academic misconduct as part of the application process; and/or (d) Who previously attended a TBR institution and who was found to have violated these rules during the time of enrollment.

(e) Unless explicitly provided otherwise in these rules, the term “student” shall also refer to a student organization.

(4) Disciplinary action may be taken against a student for violation of these rules that occurs on institutionally owned, leased or otherwise controlled property (including all streets, alleys, sidewalks, and public ways abutting such property), while participating in international or distance learning programs, and off campus when the conduct impairs, interferes with, or obstructs any institutional activity or the mission, processes, and functions of the institution.

In the case of violations that occur off institutionally owned, leased, or controlled property, the institution will take into account whether the violation impairs, interferes with, or obstructs any institutional activity, or the mission, processes, and function of the institution, including, but not limited to, conduct that:

(a) Occurs in connection with any institutional activity, including but not limited to, international, distance, online, or remote learning programs, athletics events and other extracurricular activities, clinical, internship, practicum, and similar activities;

(b) Occurs while using institutional resources, such as computers and network systems;

(c) Involves or affects another member of the TBR community (a student, faculty, staff member or guest of a TBR institution); or (d) Poses a credible, serious threat to the health and safety of the TBR community.

(5) These rules are applicable to student organizations as well as individual students. Whether a student organization will be held responsible for a violation of these rules by one (1) or more of its members will be based on the following considerations:

(a) The violation is endorsed by the student organization or any of its officers. “Endorsed by” includes, but is not limited to, active or passive consent or support, having prior knowledge that the conduct was likely to occur, or helping to plan, advertise, or promote the conduct;

(b) The violation took place during the course of an activity paid for by the student organization or by members of the student organization to support the activity in question;

(c) The prohibited conduct occurred on property owned, controlled, rented, leased, or used by the student organization or any of its members for an organizational event;

(d) The prohibited conduct was related to initiation, admission into, affiliation with, or as a condition for continued membership in the student organization; and (e) One (1) or more officers of the student organization had prior knowledge or reasonably should have known the prohibited conduct would likely take place.

(6) Confidentiality of Discipline Process. Subject to the exceptions provided pursuant to the Family Educational Rights and Privacy Act of 1974 (FERPA), 20 U.S.C. 1232g, the Tennessee Public Records Act, T.C.A. §§ 10-7-501 et seq., and/or other state and federal law, a student’s disciplinary records and files are considered “education records” and are confidential in accordance with those acts.

(7) Matters involving sexual harassment, sexual assault, stalking, domestic violence, and dating violence occurring within an education program or activity of TBR or a TBR institution, if within the scope of TBR Chapter 0240-02-10, Title IX Compliance, which implements 34 C.F.R. Part 106 related to Title IX of the Education Amendments of 1972, shall proceed in accordance with TBR Chapter 0240-02-10, Title IX Compliance, and not these rules.

History

• Authority: T.C.A. §§ 4-5-101, et seq. and 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed August 28, 1984; effective November 13, 1984. Amendment filed November 12, 2008; effective March 30, 2009. Repeal and new rule filed August 10, 2011; effective January 29, 2012. Amendment filed August 18, 2015; effective November 15, 2015. Amendments filed July 13, 2021; effective October 11, 2021.

Tenn. Comp. R. & Regs. 0240-02-03-.02 DISCIPLINARY OFFENSES

(1) Disciplinary measures shall be imposed according to these rules and the institution’s restatement of these rules, procedures, and processes implementing these rules. Institutions shall use the standard of evidence contained in the Tennessee Uniform Administrative Procedures Act, T.C.A. §§ 4-5-101 et seq. (“UAPA”) and Department of State Rule 1360-04- 01. These rules shall not be used to violate rights guaranteed under the constitution of the State of Tennessee or the constitution of the United States.

(2) Both students and student organizations may be subject to disciplinary action for the following disciplinary offenses identified in these rules:

(a) Threatening Conduct. Any conduct, threatened conduct, or attempted conduct that poses a threat to a person’s safety, health, or personal well-being, including, but not limited to, endangering the health, safety, or welfare of any person; engaging in conduct that causes a reasonable person to fear harm to his or her health, safety or welfare; or making an oral or written statement that an objectively reasonable person hearing or reading the statement would interpret as a serious expression of an intent to commit an act of unlawful violence to a particular individual or group of individuals;

(b) Disruptive Conduct. Any conduct, threatened conduct, or attempted conduct that is disruptive to the institution’s learning environment, including, but not limited to, engaging in any action that interferes with the ability of the instructor to teach or other students to learn. Disruptive conduct in the classroom includes, but is not limited to, behavior that obstructs or disrupts the learning environment (e.g., offensive language, harassment of students and instructors, repeated outbursts from a student that disrupt the flow of instruction or prevent concentration, failure to cooperate in maintaining classroom decorum, etc.), text messaging, and the continued use of any electronic or other noise or light emitting device which disturbs others;

(c) Hazing. Hazing, as defined in T.C.A. § 49-7-123(a)(1), means any intentional or reckless act on or off the property of any higher education institution by an individual acting alone, or with others, which is directed against any other person(s) that endangers the mental or physical health or safety of that person(s), or which induces or coerces a person(s) to endanger such person’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;

(d) Disorderly Conduct. Any individual or group behavior which is abusive, obscene, lewd, indecent, (including, without limitation, public exposure of one’s sex organs, public urinating, and public sexual acts), violent, excessively noisy, disorderly, or which unreasonably disturbs institutional functions, operations, classrooms, other groups or individuals;

(e) Obstruction of or Interference with Institutional Activities or Facilities. Any intentional interference with or obstruction of any institutional program, event, or facility including but not limited to the following:

1. Any unauthorized occupancy of facilities owned or controlled by an institution or blockage of access to or from such facilities;

2. Interference with the right of any institution member or other authorized person to gain access to any activity, program, event or facilities sponsored or controlled by an institution;

3. Any obstruction or delay of a security officer, public safety officer, police officer, firefighter, EMT, or any official of an institution, or failure to comply with any emergency directive issued by such person in the performance of his or her duty;

4. Participation in a demonstration that substantially impedes institutional operations; or 5. Obstruction of the free flow of pedestrian or vehicular traffic on property owned, leased or controlled by an institution or at an institutional activity.

(f) Misuse of or Damage to Property. Any act of misuse, vandalism, malicious or unwarranted damage or destruction, defacing, disfiguring or unauthorized use of property belonging to the institution or a member of the TBR community including, but not limited to, any personal property, fire alarms, fire equipment, elevators, telephones, institution keys, library materials and/or safety devices;

(g) Theft, Misappropriation, or Unauthorized Sale of Property;

(h) Misuse of Documents or Identification Cards. Any forgery, alteration of or unauthorized use of institutional documents, forms, records or identification cards, including the giving of any false information, or withholding of necessary information, in connection with a student’s admission, enrollment or status in the institution;

(i) Weapons. Possessing, carrying, using, storing, or manufacturing any weapon on institution controlled property or in connection with an institution affiliated activity, unless federal or state law provides a student with an affirmative right to possess or carry a weapon on institution controlled property or in connection with an institutionaff iliated activity;

(j) Explosives, Fireworks, Flammable and Hazardous Materials. The unauthorized possession, ignition, or detonation of any object or article that represents a potential danger to the TBR community, including, but not limited to, explosives, fireworks, flammable materials, ammunition, hazardous liquids, chemicals, or hazardous materials;

(k) Alcoholic Beverages and Alcohol-Related Conduct. The use, possession, distribution, or sale of alcoholic beverages on institution owned or controlled property or in connection with any institutional activity unless expressly permitted by the institution;

(l) Drugs. The unlawful possession, use, distribution, sale, or manufacture of any drug or controlled substance (including, but not limited to, any stimulant, depressant, narcotic or hallucinogenic drug, or marijuana). This offense includes using or possessing a prescription drug if the prescription was not issued to the student, as well as the violation of any local ordinance, state, or federal law concerning the unlawful possession or use of drugs;

(m) Drug Paraphernalia. The use, possession, distribution, sale, or manufacture of equipment, products or materials that are used or intended for use in manufacturing, growing, using or distributing any drug or controlled substance. This offense includes the violation of any local ordinance, state, or federal law concerning the unlawful possession of drug paraphernalia;

(n) Public Intoxication. Appearing on institution owned or controlled property or at an institutional sponsored event while under the influence of alcohol, a controlled substance or of any other intoxicating substance;

(o) Gambling. Unlawful gambling in any form;

(p) Financial Irresponsibility. Failure to meet financial responsibilities to the institution promptly including, but not limited to, knowingly passing a worthless check or money order in payment to the institution;

(q) Unacceptable Conduct Related to Disciplinary Proceedings. Any conduct at any stage of an institutional disciplinary proceeding or investigation that is contemptuous, threatening, retaliatory, or disorderly, including false complaints, false testimony or other falsification of evidence, and attempts to influence the impartiality of a member of an adjudicatory body, verbal or physical harassment or intimidation of an institutional official, hearing panel member, complainant, respondent, or witness;

(r) Failure to Cooperate with Institutional Officials. Failure to comply with reasonable directions of institutional officials acting in the performance of their duties. This includes, but is not limited to, failing to respond to a request to report to an institutional administrative office, failing to cooperate in an institutional investigation, failing to appear at an institutional hearing, including, without limitation, a disciplinary hearing;

(s) Attempts, Aiding, and Abetting. Any attempt to commit any of the offenses listed under this section or the aiding or abetting of the commission of any of the offenses listed under this section. (An attempt to commit an offense is defined as the intention to commit the offense coupled with the taking of some action toward its commission.)

Being present during the planning or commission of any, offense listed under this

section without having made an immediate report to the institution prior to the commission of the planned offense will be considered as aiding and abetting. Students who anticipate or observe an offense must remove themselves from the situation and are required to report the offense to the institution;

(t) Violation of State or Federal Laws. Any violation of state or federal laws, rules, or regulations prohibiting conduct or establishing offenses;

(u) Violation of Imposed Disciplinary Sanctions. Intentional or unintentional violation of a disciplinary sanction imposed through an institutional disciplinary proceeding;

(v) Sexual Misconduct. Committing any act of sexual assault, rape, sexual battery, domestic violence, or dating violence as defined by state or federal law;

(w) Harassment, Stalking, or Retaliation. Any conduct that falls within T.C.A. § 39-17-308 (Harassment) or T.C.A. § 39-17-315 (Stalking) or “student-on-student harassment,” which means unwelcome conduct directed toward a person that is discriminatory on a

basis prohibited by federal, state, or local law, and that is so severe, pervasive, and objectively offensive that it effectively bars the victim’s access to educational opportunity or benefit. Engaging in “retaliation,” which is an act or omission committed by a student because of another person’s participation in a protected activity that would discourage a reasonable person from engaging in protected activity. Retaliation violates these standards regardless of whether the underlying allegation of a violation of a rule is ultimately found to have merit. Retaliation can include, without limitation: an act or omission committed against a person’s family, friends, advisors, and or other persons reasonably expected to provide information in connection with an institutional investigation or hearing, and an act or omission committed by a student through a third party;

(x) Discrimination. Any conduct prohibited by any federal or state law, rule, or regulation related to discrimination, harassment, or retaliation;

(y) Academic Misconduct. Any action or attempted action designed to provide an unfair academic advantage or disadvantage for oneself or others. Academic misconduct includes a wide variety of behaviors such as plagiarism, cheating, fabrication, and other academic dishonesty. For purposes of these rules the following definitions apply:

1. Plagiarism. The adoption or reproduction of ideas, words, statements, images, or works of another person as one’s own without proper attribution. Examples include but are not limited to copying of passages from works of others into one’s own work without acknowledgment; summarizing or paraphrasing ideas from another source without proper attribution, unless such information is recognized as common knowledge; and using facts, statistics, graphs, representations, or phrases without proper attribution;

2. Cheating. Using or attempting to use unauthorized materials, information, or aids in any academic exercise or test/examination. Examples include but are not limited to copying another’s work; obtaining or giving unauthorized assistance; unauthorized collaboration or collusion with another person; having another person take a test for a student; and the use of unauthorized materials or devices. The term academic exercise includes all forms of work submitted for credit or hours; and 3. Fabrication. Falsifying, fabricating, or misrepresenting data, research results, citations or other information in connection with an academic assignment.

Unauthorized falsification or invention of any information or citation in an academic exercise.

(z) Unauthorized Duplication or Possession of Keys. Making, causing to be made or the possession of, with the intent to use or make available for use by others, any key for an institutional facility without proper authorization;

(aa) Litter. Dispersing litter in any form onto the grounds or facilities of the institution;

(bb) Pornography. Public display of literature, films, pictures or other materials which an average person applying contemporary community standards would find, (1) taken as a whole, appeals to the prurient interest, (2) depicts or describes sexual conduct in a patently offensive way, and/or (3) taken as a whole, lacks serious literary, artistic, political or scientific value;

(cc) Abuse of Computer Resources and Facilities. Misusing and/or abusing institutional computer resources including, but not limited to the following:

1. Use of another person’s identification to gain access to institutional computer resources;

2. Use of institutional computer resources and facilities to violate copyright laws, including, but not limited to, the act of unauthorized distribution of copyrighted materials using institutional information technology systems;

3. Unauthorized access to a computer or network file, including but not limited to, altering, using, reading, copying, or deleting the file;

4. Unauthorized transfer of a computer or network file;

5. Use of computing resources and facilities to send abusive or obscene correspondence;

6. Use of computing resources and facilities in a manner that interferes with normal operation of the institutional computing system;

7. Use of computing resources and facilities to interfere with the work of another student, faculty member, or institutional official; or 8. Unauthorized peer-to-peer file sharing.

(dd) Unauthorized Access to Institutional Facilities and/or Grounds. Any unauthorized access and/or occupancy of institutional facilities and/or grounds is prohibited, including, but not limited to, gaining access to facilities and grounds that are closed to the public, being present in areas of campus that are open to limited guests only, being present in academic buildings after hours without permission, and being present in buildings when the student has no legitimate reason to be present;

(ee) Providing False Information. Giving any false information to, or withholding necessary information from, any institutional official acting in the performance of his or her duties in connection with a student’s admission, enrollment, or status in the institution;

(ff) Observation Without Consent. Observation Without Consent, which is prohibited by T.C.A. § 39-13-607 (a criminal statute) for purposes of these rules, means knowingly spying upon, observing, or otherwise viewing an individual, regardless of whether a photo, video, or recording is made, when the individual is in a place where there is reasonable expectation of privacy, without the prior effective consent of the individual, if the viewing would offend or embarrass an ordinary person if the person knew the person was being viewed. This includes, but is not limited to, taking video or photographic images in shower/locker rooms, living quarters, and restrooms, and storing, sharing, and/or distributing of such unauthorized images by any means;

(gg) Smoking Violations. Smoking or tobacco use in any institution building or facility, in any state-owned vehicle, or on any institution grounds or property, unless in a designated smoking or tobacco use area. For the purposes of these rules, “tobacco use” includes, but is not limited to, the personal use of any tobacco product, whether intended to be lit or not, which includes smoking tobacco or other substances that are lit and smoked, as well as the use of an electronic cigarette or any other device intended to simulate smoking, and the use of smokeless tobacco, including snuff; chewing tobacco; smokeless pouches; any form of loose-leaf, smokeless tobacco; and the use of unlit cigarettes, cigars, and pipe tobacco;

(hh) Maintenance of Ethical and Professional Standards. Failure to maintain the high ethical and professional standards of the various disciplines of the health professions may subject a student to suspension from a program, dismissal from a program, or other appropriate remedial action.

1. A student enrolled in a program leading to a degree or certificate in a health profession is subject to disciplinary action up to and including suspension and dismissal from a program for engaging in the following acts of misconduct, regardless of location:

(i) Commission of an offense classified as a felony by Tennessee or federal criminal statutes;

(ii) Unlawful use, possession, or sale of drugs or narcotics, whether or not felonious;

(iii) Other unprofessional or unethical conduct that would bring disrepute and disgrace upon both the student and profession and that would tend to substantially reduce or eliminate the student’s ability to effectively practice the profession in which discipline he or she is enrolled; or (iv) Conduct that is in violation of either a relevant Tennessee statute establishing professional standards or a rule or regulation of a Tennessee regulatory board or other body responsible for the establishment and enforcement of professional standards.

2. A person applying for admission to a health profession program may be denied admission to the program on the basis of his or her violation of the aforementioned ethical and/or professional standards;

(ii) Traffic and Parking Fines. Receiving $100.00 or more in traffic and/or parking violations on institution property or institution-controlled property during any semester.

(jj) Indecent Exposure. Indecent exposure, which is prohibited by T.C.A. § 39-13-511 (a criminal statute), for purposes of these rules means in a public place intentionally exposing one’s genitals or buttocks to another or engaging in sexual contact or sexual penetration where the person reasonably expects that the acts will be viewed by another, and the acts will offend an ordinary viewer or are for the purpose of sexual arousal and/or gratification.

(3) Disciplinary holds (a) An institution may place a hold on a student record when the student has:

1. Withdrawn from the institution while a disciplinary meeting and/or proceeding is pending;

2. Not responded to an institutional official’s request for a meeting or hearing; or 3. Been suspended or expelled.

(b) A disciplinary hold may remain on a student’s record until final resolution of a disciplinary meeting and/or disciplinary hearing.

(c) An institution will not confer a degree when a student record has been placed on hold, or when a student has a pending disciplinary meeting and/or disciplinary proceeding.

(4) Except for cases involving Academic Misconduct, an institution will not revoke a degree or credential based on conduct occurring while a person was a student, but not discovered until after the awarding of a degree or credential.

History

• Authority: T.C.A. §§ 4-5-101, et seq., 49-7-123(a)(1), and 49-8-203.
• Administrative History: Repeal of all rules by the Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed August 28, 1984; effective November 13, 1984. Amendment filed May 13, 1991; effective August 28, 1991. Amendment filed July 3, 1996; effective November 28, 1996. Amendment filed November 20, 1996; effective March 28, 1997. Amendment filed February 18, 1999; effective June 28, 1999. Amendment filed August 11, 2004; effective December 29, 2004. Amendments filed November 12, 2008; effective March 30, 2009. Repeal and new rule filed August 10, 2011; effective January 29, 2012. Emergency rule filed August 18, 2015; effective through February 14, 2016. Amendment filed August 18, 2015; effective November 15, 2015. Amendments filed July 13, 2021; effective October 11, 2021.

Tenn. Comp. R. & Regs. 0240-02-03-.03 CLASSROOM AND ACADEMIC MISCONDUCT

(1) Classroom Misconduct (a) The instructor has the primary responsibility for controlling class (which for these rules includes any remote class and/or offsite class such as a clinic site or other nontraditional class environment) behavior and responding to disruptive conduct.

(b) The instructor may order the temporary removal or exclusion from the classroom of any student engaged in disruptive conduct or other conduct that violates these rules for each class session during which the conduct occurs. Extended or permanent exclusion from the classroom beyond the session in which the conduct occurred or further disciplinary action can be effected only through appropriate procedures set forth in these rules.

(2) Academic Misconduct (a) Academic misconduct is prohibited. Students guilty of academic misconduct, either directly or indirectly, through participation or assistance, are immediately responsible to the instructor of the class. In addition to other possible disciplinary sanctions that may be imposed in accordance with these rules and institutional restatement of these rules, the instructor has the authority to take academic discipline consistent with these rules and institutional restatement of these rules, procedures, and processes.

(b) An instructor who determines that a student has engaged in academic misconduct may choose to exercise academic discipline by lowering to any extent, including to a grade of “F” or “zero,” a student’s grade in the course, assignment, or examination affected by the alleged academic misconduct.

(c) An instructor who initiates academic discipline shall inform the appropriate Chair and Dean (or other individual(s) identified by the institution) in writing of the finding of academic misconduct, the basis therefor, the academic discipline imposed, and the appeals process within five (5) days of the imposition of academic discipline.

(d) A student may not withdraw from a course pending final resolution of an allegation of academic misconduct. Students are permitted and encouraged to continue attending class until the academic disciplinary decision, including all appeals, is final.

(e) A student charged with academic misconduct has the option of either accepting the academic discipline imposed by the instructor or initiating the appeals process to challenge the allegation of academic misconduct or the severity of the academic discipline. If the student does not respond in writing within five (5) days by either accepting or appealing the academic discipline to the institutional academic misconduct appeals committee, the student waives the right to contest the academic discipline, at which time it becomes final.

(f) An institutional academic misconduct appeals committee shall consist of at least three (3) individuals and include at least one (1) student. The chief academic officer or other administrator identified by the institution will assemble the committee and coordinate the hearing but will not participate on the committee. Any individual who has an interest in the incident, a conflict of interest, or a bias is not permitted to serve on the committee. An institution may maintain standing pools from which individuals may appointed and/or appoint ad hoc academic misconduct appeals committees. At a technical college, the president has the authority to appoint a single administrator to perform the functions of the academic misconduct appeals committee and to effectuate the processes identified in this rule.

(g) The academic misconduct appeals committee will set a hearing date that is within fifteen (15) business days of receipt of date of the student’s appeal. The student must receive at least seven (7) calendar days’ notice of the date, time, and location of the hearing. A student will be notified of the due process protections provided for in TBR

Rule 0240-02-03-.06.

(h) The academic misconduct appeals committee will conduct the appeal hearing, consider the evidence presented, and make a decision based on a simple majority vote using a preponderance of the evidence standard. The committee can either uphold, overturn, or lessen the academic discipline. The results of the committee’s decision will be conveyed to the student in writing, through the chief academic officer or other individual identified by the institution, within ten (10) business days of the hearing.

(i) If the academic misconduct appeals committee upholds or lessens the academic discipline, the student may appeal in writing to the president within five (5) business days following receipt of the decision of the committee. The president will make a decision within ten (10) business days. The president’s decision is final.

(j) The institution’s chief academic officer, president, or other administrator identified by the institution has the ability to extend any deadline in this section for good cause and upon written notice to the student.

(k) In addition to academic discipline, a student who is found responsible for academic misconduct, either one (1) or more times, may be subject to disciplinary sanctions in accordance with these rules.

(l) The institution shall maintain permanently all submissions by the student and all decisions of institutional officials and committees relating to academic misconduct.

History

• Authority: T.C.A. §§ 4-5-101, et seq. and 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed August 28, 1984; effective November 13, 1984. Amendment filed August 11, 2004; effective December 29, 2004. Repeal and new rule filed August 10, 2011; effective January 29, 2012. Amendment filed August 18, 2015; effective November 15, 2015. Amendments filed July 13, 2021; effective October 11, 2021.

Tenn. Comp. R. & Regs. 0240-02-03-.04 DISCIPLINARY SANCTIONS

(1) Institutions shall publish these rules and provide notice of potential disciplinary sanctions applicable to both students and student organizations. Disciplinary sanctions may be imposed only after a violation of these rules has been established. Disciplinary sanctions may be imposed, either singly or in combination.

(2) Types of Sanctions:

(a) Restitution. Restitution may be required in situations, which involve theft, destruction, damage, or loss of property, or unreimbursed medical expenses resulting from physical injury. When restitution is required, the student or student organization is obligated by the appropriate institutional authority to compensate a party or parties for a loss suffered as a result of disciplinary violation(s). This action may take the form of appropriate service, monetary compensation, or material replacement. Any monetary payment in restitution shall be limited to actual cost of repair, replacement or financial loss;

(b) Warning. The appropriate institutional official may notify orally or in writing the student or student organization that continuation or repetition of specified conduct may be cause for other disciplinary action;

(c) Reprimand. A written or verbal reprimand or censure may be given to any student or student organization whose conduct violates any part of these rules and provides notice that any further violation(s) may result in more serious penalties;

(d) Service to the Institution or Community. A student or student organization may be required to donate a specified number of service hours to the institution performing reasonable tasks for an appropriate institution office, official(s), or the local community.

The service required shall be commensurate to the offense (including but not limited to, service for maintenance staff for defacing institutional property);

(e) Specified Educational/Counseling Program. A student or student organization may be required to participate in specified educational or counseling program(s) relevant to the offense, or to prepare a project or report concerning a relevant topic;

(f) Restriction. A restriction upon a student’s or student organization’s privileges for a period of time may be imposed. This restriction may include, but not be limited to, denial of the ability to represent the institution at any event, ability to participate in institution or TBR sponsored travel, use of facilities, parking privileges, participation in extracurricular activities or restriction of organizational privileges;

(g) Probation. Continued enrollment of a student or recognition of a student organization on probation may be conditioned upon adherence to these rules. Any student or organization placed on probation will be notified in writing of the terms and length of the probation. Probation may include but not be limited to restrictions upon extracurricular activities, or any other appropriate special condition(s). Any conduct in further violation of these rules while on probationary status or the failure to comply with the terms of the probationary period may result in the imposition of further disciplinary action;

(h) Suspension. Suspension is the separation of a student or student organization from the institution for a specified period of time. Suspension may be accompanied by special conditions for readmission or recognition;

(i) Expulsion. Expulsion entails a permanent separation from the institution. The imposition of this sanction is a permanent bar to the student’s admission, or a student organization’s recognition by the institution. A student or organization that has been expelled may not enter institution property or facilities or institution-controlled property or facilities without obtaining prior approval from an appropriate institution official with knowledge of the expulsion directive;

(j) Revocation and Withholding of Admission, Degree, or Credential; and (k) Interim Involuntary Withdrawal or Suspension. As a general rule, the status of a student or student organization accused of violation of these rules should not be altered until a final determination has been made in regard to the charges. However, interim or involuntary withdrawal or suspension, pending the completion of disciplinary procedures, may be imposed upon a finding that the conduct, or attempted conduct of the student poses a direct threat to the safety of any other member of the institution, its guests, property, or the student's behavior is materially and substantially disruptive of the institution's learning environment, or other campus activities. In any case of interim or involuntary withdrawal or suspension, the student, or student organization, shall be given an opportunity at the time of the decision, or as soon thereafter as reasonably possible, to contest the suspension in accordance with these rules.

(3) The president is authorized, either personally or through a designee, to negotiate a mutually acceptable resolution to any disciplinary proceeding or to rescind or convert any sanction imposed to a lesser sanction.

History

• Authority: T.C.A. §§ 4-5-101, et seq. and 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed August 28, 1984; effective November 13, 1984. Amendment filed August 11, 2004; effective December 29, 2004. Amendments filed November 12, 2008; effective March 30, 2009. Repeal and new rule filed August 10, 2011; effective January 29, 2012. Emergency rule filed August 18, 2015; effective through February 14, 2016. Amendment filed August 18, 2015; effective November 15, 2015. Amendments filed July 13, 2021; effective October 11, 2021.

Tenn. Comp. R. & Regs. 0240-02-03-.05 REPEALED

History

• Authority: T.C.A. §§ 4-5-101, et seq. and 49-8-203.
• Administrative History: Original rule filed August 10, 2011; effective January 29, 2012. Amendment filed August 18, 2015; effective November 15, 2015. Repeal filed July 13, 2021; effective October 11, 2021.

Tenn. Comp. R. & Regs. 0240-02-03-.06 DISCIPLINARY PROCEDURES

(1) General (a) Institutions shall provide students with a system of constitutionally and legally sound procedures that provide the protection of due process of law in accordance with these rules, institutional restatement of these rules, and applicable state and federal law. The institution’s restatement of rules, processes, and procedures shall be published on the institution’s website and communicated to students.

(b) At community colleges, the Vice President of Student Affairs or other administrator designated by the institution is responsible for matters within the scope of these rules, except that the Chief Academic Officer is responsible for matters related to academic misconduct. In situations where the conduct could fall within both areas of responsibility, the two (2) offices will confer and decide which rules will apply and advise the student or student organization in writing of the decision. At colleges of applied technology, the president or designee has responsibility.

(c) Complaints related to discrimination, harassment, and retaliation that are not subject to another rule will be investigated and resolved in accordance with these rules and the institution’s restatement of these rules, procedures, and processes.

1. In determining whether the evidence establishes a violation of these rules, the institution shall use the standard of evidence for contested cases under the UAPA and Department of State Rule 1360-04-01. At all times the burden of obtaining evidence and establishing a violation shall be on the institution.

2. In the event of bias or conflict of interest by an institutional official, the institution may appoint a substitute, who may or may not be employed by the institution.

3. The investigator shall conduct an appropriate investigation, which may include interviews of the parties and witnesses, as well as review of documents and other information. The purpose of the investigation is to determine whether the evidence establishes a violation of these rules. The parties are encouraged, but not required, to provide information that they want the investigator to consider.

4. The investigator shall provide written notice of receipt of a written complaint or the decision to initiate an investigation.

5. The investigator shall notify students that the institution will comply with FERPA and only disclose information in accordance with FERPA and other applicable law.

6. The investigator shall prepare a report summarizing the investigation. The report shall include, but not be limited to, the dates of the alleged occurrences, the response of the respondent, the findings of the investigator, and recommendations regarding disposition of the complaint.

7. The report shall be submitted to the institution’s president within sixty (60) calendar days following receipt of the complaint, absent cause for extending the investigation timeline. In situations where more time is needed to complete the investigation, written notice shall be provided to the parties explaining the reasons.

8. The president shall review the investigator’s report and shall make a written determination as to whether these rules have been violated and the appropriate disciplinary sanction, if any. The president’s determination and the investigator’s report shall be provided to the parties, unless prohibited by law.

9. Either party may send a written request to reconsider to the president within ten (10) working days, absent good cause, of receipt of the president’s determination.

(i) The request to reconsider process shall consist of an opportunity for the parties to provide information to the president’s attention that would change the determination and/or disciplinary sanction. A party must explain why the factual information was incomplete, the analysis of the facts was incorrect, the determination was affected by bias or a conflict of interest, procedural irregularity, and/or the appropriate standard was not applied, and how this would affect the determination. Failure to do so may result in denial of the request to reconsider.

(ii) The parties will not be allowed to present their request to reconsider in person unless the president determines, in his or her sole discretion, to allow an in-person appearance.

(iii) The president shall issue a written response to the request to reconsider as promptly as possible. The decision will constitute the institution’s final decision.

(iv) The institution shall provide written notice of the ability to contest the determination and/or disciplinary sanctions, including where applicable, the ability to request a contested case hearing pursuant to the UAPA, to the parties at the time the parties are advised of the determination and upon the resolution of any request to reconsider or appeal.

(d) Students and student organizations subject to any disciplinary sanction are entitled to a due process hearing in accordance with these rules and standards established by the constitutions of the State of Tennessee and the United States unless that right is waived after receiving written notice of the available procedures.

(e) All proceedings under these rules will be held in closed session and not open to the public. Formal rules of evidence shall not be applicable. The administrator or committee chair may exclude evidence, which in their judgment is immaterial, irrelevant, or unduly repetitious. Evidence in contested case hearings will be considered in accordance with TBR Rule 0240-01-05 and Department of State Rule 1360-04-01.

(f) Written notice to a student or student organization is accomplished either by handing a copy to the student; sending documents via to email to the student’s or student organization’s institutional email account; email account of record on file with the institution; or by sending a copy via certified mail, registered mail, return receipt requested mail, or a nationally recognized delivery service that tracks delivery to the student’s residence of record or the student organization’s address of record.

(2) Initiation of Charges (a) An institution may initiate the disciplinary process on the basis of written allegations received from any source, including any member of the college community. Complaints should be directed to the Vice President of Student Affairs or other administrator identified by the institution, except that complaints relating to discrimination, harassment, and retaliation should be referred to the administrator identified by the institution so that such complaints can be handled in accordance with these rules. The institution may also initiate disciplinary procedures without written allegations if it becomes aware of potential violations of these rules through other means.

(b) When the allegations, if proven, may warrant the imposition of a disciplinary sanction, the institution shall inform the student of the allegations and proceed to gather information concerning the matter, including, but not limited to, interviewing relevant witnesses and reviewing relevant documents and evidence. Students who may be the subject of disciplinary sanctions will be provided the minimum due process protections identified in these rules.

(c) After reviewing the evidence, the administrator with responsibility for the matter shall decide whether sufficient evidence exists to charge the student, and if so, the appropriate disciplinary sanction(s). Notice of the charges and disciplinary sanction(s), if any, shall be provided in writing to the student. If there is insufficient evidence to continue the disciplinary process, the matter will be closed, and written notice will be provided to the student.

(3) Minimum Due Process Protections. Institutions shall provide the following minimum procedural due process protection components in disciplinary matters:

(a) The student shall be advised, in writing, of the breach of the rule(s) of which he or she is charged;

(b) The student shall be advised of the time, date, and place of the hearing allowing reasonable time for preparation; and (c) The student shall be advised of the following rights applicable at the hearing:

1. The right to present his or her case;

2. The right to be accompanied by an advisor of his or her choice. The advisor’s participation shall be limited to advising the student, and not include advocating on behalf of the student, speaking on behalf of the student, or otherwise actively representing the student. An advisor is not permitted to interfere with the hearing;

3. The right to call witnesses on his or her behalf;

4. The right to confront witnesses against him or her; and 5. The method and time limitations for appeal, if any is applicable.

(4) Options for Students. Four (4) potential processes exist for adjudication of disciplinary matters. The student will be informed in writing of each available option and the due process rights associated with each option. A student will have five (5) business days following written notification to select an option. If a student fails to return the election of a procedure in a timely manner, the student will be deemed to have waived the right to contest the disciplinary sanction. Selection of one (1) option constitutes waiver of all other options.

(a) Contested Case Hearing. All cases which may result in either suspension or expulsion of a student from the institution for disciplinary reasons, or revocation of registration of a student organization, are subject to the contested case provisions of the Uniform Administrative Procedures Act, T.C.A. §§ 4-5-301 et seq., and TBR Rule 0240-01-05, unless the student or student organization, after receiving written notice, waives those procedures.

(b) A student at a community college may elect an institutional panel hearing. A student at a college of applied technology may elect a formal hearing in front of a single administrator appointed by the president.

1. Institutional Panel Hearing (Community Colleges)

(i) An institutional panel hearing committee at a community college shall consist of at least three (3) individuals and include at least one (1) student.

The dean of students or other administrator identified by the institution will assemble the committee and coordinate the hearing but will not vote as to the committee’s decision. An individual who has an interest in the incident, a conflict of interest, or a bias is not permitted to serve on the committee.

The institution may appoint individuals from standing pools and/or appoint ad hoc committees.

(ii) The committee will set a hearing date that is within fifteen (15) business days of receipt of the student’s request for a panel hearing. The student must be notified of the date, time, and location of the hearing as soon as possible, but given at least seven (7) calendar days’ notice. A student will be notified of the due process protections provided for in these rules.

(iii) The committee will conduct the hearing, consider the relevant evidence presented, and make a decision based on a simple majority vote. The committee can either uphold, overturn, or lessen the disciplinary finding and/or sanction. The results of the decision will be conveyed to the student in writing, through the dean of students or other administrator identified by the institution, within ten (10) business days of the hearing.

(iv) If the committee upholds or lessens the disciplinary finding and/or sanction, the student may appeal in writing to the president within five (5) business days following receipt of the decision of the committee. The president will make a decision within ten (10) business days. The president’s decision is final.

(v) The president, dean of students or other administrator identified by the institution has the ability to extend deadlines for good cause and upon written notice to the student.

(vi) The institution shall maintain all submissions by the student and all decisions of institutional officials and committees permanently.

2. Formal Administrative Hearing (Colleges of Applied Technology)

(i) The president of a college of applied technology shall appoint an administrator who will set a hearing date that is within fifteen (15) business days of receipt of the student’s request for a hearing. The student must be given at least seven (7) calendar days’ notice of the hearing. A student will be notified of the due process protections provided for in these rules.

(ii) The administrator will conduct a hearing, consider the relevant evidence presented, and make a decision either upholding, overturning, or lessening the disciplinary finding and/or sanction. The results of the decision will be conveyed to the student within ten (10) business days of the hearing.

(iii) If the administrator upholds or lessens the disciplinary finding and/or sanction, the student may appeal in writing to the president within five (5) business days following receipt of the decision of the committee. The president will make a decision within ten (10) business days. The president’s decision is final.

(iv) The president has the ability to extend deadlines for good cause and upon written notice to the student.

(c) Administrative Resolution. An administrative resolution involves the student meeting with a single administrator appointed by (i) for community college students, the dean of students or other administrator identified by the institution or (ii) for college of applied technology students, the president. There is no appeal. The decision of the administrator is final.

(d) A student may elect not to contest the disciplinary action, either affirmatively or by failing to return the election of a procedure in a timely manner, which serves as a waiver of the right to contest the disciplinary action.

(5) Procedures Related to Interim Involuntary Withdrawal or Suspension Hearings (a) When the Vice President for Student Affairs or other administrator identified by the institution determines that an interim suspension or other interim measure is required for the health and safety of the institutional community and/or property, or to prevent an ongoing imminent threat of disruption to or interference with the normal operations of the institution, the student will receive an opportunity for an informal hearing with the Vice President of Student Affairs or other administrator identified by the institution to contest the interim measure.

(b) The informal hearing will be held within five (5) calendar days, absent good cause.

(c) The evidence presented at the hearing shall be limited to that which is relevant to the

basis asserted for imposition of the interim suspension or other interim measure.

(d) The student will be entitled to a formal hearing in accordance with the due process protections described in these rules before a permanent disciplinary sanction is imposed.

(6) Alternative Resolution Procedures: An institution, with the consent of all relevant parties, may use an alternative resolution method including, but not limited to, an apology, mediation or a negotiated resolution.

History

• Authority: T.C.A. §§ 4-5-101, et seq. and 49-8-203.
• Administrative History: Original rule filed August 10, 2011; effective January 29, 2012. Emergency rules filed August 18, 2015; effective through February 14, 2016. Amendment filed August 18, 2015; effective November 15, 2015. Amendments filed July 13, 2021; effective October 11, 2021.

Chapter 0240-02-04 Student Organizations

Tenn. Comp. R. & Regs. 0240-02-04-.01 SCOPE

(1) The following policy of the Board of Regents, applicable to all institutions and area vocationaltechnical schools governed by the Board, provides minimum standards for the registration and conduct of student organizations at the institutions and schools. Each institution and school is authorized to establish additional policies and procedures affecting student organizations which are consistent with the provisions of this policy.

History

• Authority: T.C.A. §49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed August 28, 1984; effective November 13, 1984.

Tenn. Comp. R. & Regs. 0240-02-04-.02 TYPES OF STUDENT ORGANIZATIONS

(1) Student organizations may be either organizations sponsored by the institution or school, such as student government associations, associated student body organizations, and professional and honor societies, or organizations officially registered by the institution or school. Organizations which may be registered to operate on campuses include the following: (a) honors and leadership organizations and recognition societies; (b) departmental organizations and professional fraternities and sororities;

(c) social fraternities and sororities; and (d) special interest groups (political, religious, athletic, etc.).

Registration of a student organization by an institution or school shall neither constitute nor be construed as approval or endorsement by the institution or school of the purposes or objectives of the organization.

History

• Authority: T.C.A. §49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed August 28, 1984; effective November 13, 1984.

Tenn. Comp. R. & Regs. 0240-02-04-.03 GENERAL POLICIES ON STUDENT ORGANIZATIONS

(1) No student organization may carry on any activity on the campus of an institution or school unless the organization has been officially registered by the institution or school.

(2) No institution or school shall be responsible for injuries or damages to persons or property resulting from the activities of student organizations, or for any debts or liabilities incurred by such organizations.

(3) No student organization shall deny membership to any person on the basis of age, race, sex, religion, handicap or national origin, provided that social fraternities and sororities may have sex restricted membership.

(4) No student organization or individual shall engage in or condone any form of hazing. Hazing shall include, but is not limited to: any action taken, or situation created intentionally, to produce mental or physical discomfort , embarrassment or ridicule; any form of verbal or physical harassment or abuse; and engaging in public stunts, morally degrading or humiliating behavior or games, whether on or off campus. Excessive demands on a student’s time so as to interfere with academic performance are prohibited. Threatening in any manner or form for the purpose of cajoling individuals into secrecy in regard to breaches (planned, threatened, attempted, or perpetrated) or hazing violations also is prohibited. Hazing activity which is in violation of any other institution or school regulations such as the misuse of alcohol, drugs, school property, etc., is strictly forbidden.

(5) Student organizations shall be vicariously responsible and liable for the conduct and actions of each member of the organization while acting in the capacity of a member or while attending or participating in any activity of the organization.

(6) No person, group or organization may use the name of the institution or school in any manner, provided that registered student organization may use the name of the institution or school following the name of the organization. No person, group or organization may use the seal or any symbol of the institution or school without the prior written approval of the president of the institution or the director of the school, or his designee.

History

• Authority: T.C.A. §49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rules filed April 28, 1983; effective July 13, 1983. Amendment filed August 28, 1984; effective November 13, 1984. Amendment filed May 13, 1991; effective August 28, 1991.

Tenn. Comp. R. & Regs. 0240-02-04-.04 CRITERIA FOR REGISTRATION OF ORGANIZATIONS

(1) Any proposed student organization shall be open to all students of the institution or school who otherwise meet membership requirements. Membership in the organization shall be limited to currently enrolled students provided that organizations may include faculty and staff of the institution or school, and/or spouses of students, faculty and staff, and provided further that professional organizations may include members of the professional and business communities as members.

(2) A proposed organization must represent the interest of the members, and the control of the organization must be within the local campus group. The organization must not have a knowing affiliation with an organization possessing illegal aims and goals, with a specific purpose to further those illegal aims and goals.

(3) The proposed organization must agree to comply with all policies, regulations and procedures established by the Board and the institution or school, and with all federal and state laws and regulations.

(4) The proposed organization must not:

(a) Have illegal aims and goals;

(b) Propose activities which would violate regulations of the Board or the institution or school, or federal or state laws and regulations, or materially and substantially disrupt the work and discipline of the institution or school;

(c) Advocate incitement of imminent lawless action which is likely to produce such action.

(5) The proposed organization must have the minimum number of charter members designated by the institution or school, and there must be a demonstration of continuous interest in the purposes of the organization sufficient to afford registration on a long-term basis. In the event there is not sufficient interest to warrant long-term registration, an institution or school may grant temporary registration to an organization for a limited period of time.

(6) New organizations may be denied registration where the purposes are within the scope of a currently registered organization. No organization may use the same name, or a name which is misleading and similar to the name, of a currently registered organization.

(7) The organization must provide for the distribution of all funds and assets in the event of dissolution.

History

• Authority: T.C.A. §49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed August 28, 1984; effective November 13, 1984.

Tenn. Comp. R. & Regs. 0240-02-04-.05 PROCEDURE FOR REGISTRATION OF ORGANIZATIONS

(1) In order to become officially registered as a student organization, a group must meet the criteria set forth in Rule 0240-2-4-.04 (CRITERIA FOR REGISTRATION OF ORGANIZATIONS) and must provide to the institution or school a minimum of the following:

(a) An application or request to form the organization on the form designated by the institution or school;

(b) The proposed constitution and bylaws of the organization, which must clearly contain the following: the name, purpose, proposed activities, and rules of membership of the organization, the officers, their terms and methods of selection, the proposed nature and frequency of meetings and activities, and the financial plans of the organization, including any proposed fees, dues and assessments;

(c) The names and signatures of the charter members of the organization;

(d) The names of the faculty advisor and/or the administrative officers of the institution or school who will sponsor the organization;

(e) A statement of assurance of compliance by the organization that it will comply with all rules and regulations, policies and procedures of the Board and the institution or school and with all federal and state laws and regulations.

(2) The designated number of copies of the foregoing documents and information must be submitted to the office of the designated body or bodies of the institution or school authorized to review and make recommendations concerning proposed organizations. Recommendations regarding registration of a proposed organization must be forwarded by the designated body or bodies of the institution or school to the president of the institution or the director of the school, or his authorized designee; and registration by the president or director of his designee is necessary before the organization can be officially registered.

(3)

Any official or body responsible for reviewing or registering proposed organizations may require the sponsors to clarify any materials or information provided in the registration process, to resubmit the application or request with non-conforming materials or provisions deleted, or to appear at a hearing for the purpose of providing additional information and testimony concerning the purposes, aims or proposed activities of the organization.

History

• Authority: T.C.A. §49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed August 28, 1984; effective November 13, 1984.

Tenn. Comp. R. & Regs. 0240-02-04-.06 NATURE AND CONDITIONS OF REGISTRATION

(1) Registration of a student organization for other than a temporary period will be on an annual basis only, effective until the beginning of the next fall term of the institution or school, and shall be subject to annual renewal by the institution or school for each ensuing year.

(2) Annual renewal of registration of an organization shall be dependent upon the organization’s demonstration of compliance with the following:

(a) It must adhere to the purposes, aims and activities as stated in the approved constitution and bylaws;

(b) It must continue to meet all of the requirements for initial registration;

(c) It must have remained in compliance with all rules and regulations of the institution or school and all federal and state laws;

(d) It must submit all changes in the constitution and bylaws to the institution or school for approval;

(e) It must maintain a current list of officers, faculty advisers and sponsors on file with the institution or school; and (f) It must have submitted all required financial and other reports to the institution or schools.

History

• Authority: T.C.A. §49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed August 28, 1984; effective November 13, 1984.

Tenn. Comp. R. & Regs. 0240-02-04-.07 REPORTS

(1) Each institution and school may require any or all organizations to submit an annual report concerning its programs and activities during the preceding year. If required, this report shall be reviewed by the designated bodies or officials of the institution or school, and shall be a requirement for renewal of registration.

(2) Each institution and school may require any and all organizations to submit an annual financial report reflecting all revenues received and disbursed by the organization, and/or an interim financial report or such a report concerning any fund-raising activity of the organization. If required, this report shall be a requirement for renewal of registration.

History

• Authority: T.C.A. §49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed August 28, 1984; effective November 13, 1984.

Tenn. Comp. R. & Regs. 0240-02-04-.08 PROBATION, SUSPENSION AND WITHDRAWAL OF REGISTRATION

(1) An organization may be placed on probation, be suspended, or registration may be withdrawn by the designated authority of the institution or school for any of the following reasons:

(a) The organization fails to maintain compliance with the initial requirements for registration;

(b) The organization ceases to operate as an active organization;

(c) The organization requests withdrawal of registration;

(d) The organization operates or engages in any activity in violation of rules and regulations of the institution or school, or federal or state laws; or (e) The organization fails to submit any required reports.

(2) An organization which is placed on probation may continue to hold meetings but may not sponsor any activity or program. An organization which is placed under suspension may not engage in or sponsor any activity or program, and may not hold meetings. Where registration of an organization is withdrawn, it shall cease to exist as an organization.

(3) In the event an organization is placed on probation or suspended, or registration is withdrawn on the

basis of section 8 (1) (d), the organization shall be afforded the opportunity for a hearing before the appropriate institutional or school representative or committee.

History

• Authority: T.C.A. §49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed August 28, 1984; effective November 13, 1984.

Tenn. Comp. R. & Regs. 0240-02-04-.09 OFFICERS OF STUDENT ORGANIZATIONS

(1) No student who is under academic or social suspension from the institution or school shall be eligible to become, or maintain the status of, an officer of an organization.

History

• Authority: T.C.A. §49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed August 28, 1984; effective November 13, 1984.

Tenn. Comp. R. & Regs. 0240-02-04-.10 FISCAL PROCEDURES

(1) Each organization shall maintain a sound financial system related to the collection and disbursement of revenues in accordance with generally accepted accounting principles. An organization may be subject to audit by representatives of the institution or school at any time, and appropriate financial records shall be maintained for the purposes of audit.

(2) Each organization shall designate an officer of the organization who is responsible for the collection and disbursement of funds and the maintenance of books and records.

History

• Authority: T.C.A. §49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed August 28, 1984; effective November 13, 1984.

Tenn. Comp. R. & Regs. 0240-02-04-.11 PROGRAMS AND ACTIVITIES

(1) The use of any campus property or buildings by an organization shall be subject to the rules and regulations of the Board and the institution or school concerning use of property and facilities. All organizations registered pursuant to this policy shall be “affiliated organizations” for the purposes of any Board, institution, or school policies concerning use of campus property and facilities. (Reference Policy No. 3:02:02:00, SBR Rule 0240-1-1).

(2) Except for routine meetings of the organization, no on-campus program or activity shall be engaged in unless approved by the designated bodies and/or officials of the institution or school, and each institution and school may require prior approval for off-campus programs and activities. Prior to approval, the institution or school may require a specified number of officials or security officers for any event, activity or program.

(3) Any fund-raising activity on campus shall be for the benefit of the organization as a whole or a charity, and no funds shall be distributed to the officers or members of an organization for personal profit or gain.

(4) No guest speakers shall be invited to the campus except pursuant to policies of the Board and the institution or school concerning guest or off-campus speakers. (Reference Policy No. 3:01:10:00.)

History

• Authority: T.C.A. §49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed August 28, 1984; effective November 13, 1984. Amendment filed August 11, 2004; effective December 29, 2004.

Chapter 0240-02-05 Repealed

Tenn. Comp. R. & Regs. 0240-02-05 Repealed

RULES

OF TENNESSEE BOARD OF REGENTS

OF THE

STATE UNIVERSITY AND COMMUNITY COLLEGE SYSTEM OF TENNESSEE

STATEWIDE STUDENT RULES

Chapter 0240-02-06 Repealed

Tenn. Comp. R. & Regs. 0240-02-06-.01 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Repeal filed June 13, 2014’; effective November 28, 2014.

Tenn. Comp. R. & Regs. 0240-02-06-.02 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed August 11, 2004; effective December 29, 2004. Amendments filed November 12, 2008; effective March 30, 2009. Repeal filed June 13, 2014; effective November 28, 2014.

Tenn. Comp. R. & Regs. 0240-02-06-.03 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed August 11, 2004; effective December 29, 2004. Repeal filed June 13, 2014; effective November 28, 2014.

Tenn. Comp. R. & Regs. 0240-02-06-.04 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed August 11, 2004; effective December 29, 2004. Repeal filed June 13, 2014; effective November 28, 2014.

Tenn. Comp. R. & Regs. 0240-02-06-.05 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Repeal filed June 13, 2014; effective November 28, 2014. -- 1 of 1 --

Chapter 0240-02-07 Repealed

Tenn. Comp. R. & Regs. 0240-02-07-.01 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Repeal filed June 13, 2014; effective November 28, 2014.

Tenn. Comp. R. & Regs. 0240-02-07-.02 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Repeal filed June 13, 2014; effective November 28, 2014.

Tenn. Comp. R. & Regs. 0240-02-07-.03 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed August 11, 2004; effective December 29, 2004. Repeal filed June 13, 2014; effective November 28, 2014. -- 1 of 1 --

Chapter 0240-02-08 Certificate of Draft Registration

Tenn. Comp. R. & Regs. 0240-02-08-.01 PURPOSE

(1) The purpose of this rule is to effectuate the provisions of T.C.A. §49-7-114 which require that all persons who must register for the federal draft pursuant to 50 U.S.C. App. Section 453, must do so prior to becoming eligible for enrollment in any institution of post-secondary education. This rule shall apply to those institutions and schools governed by the Tennessee Board of Regents.

History

• Authority: T.C.A. §§49-8-203 and 49-7-114.
• Administrative History: Original rule filed May 21, 1991; effective August 28, 1991.

Tenn. Comp. R. & Regs. 0240-02-08-.02 APPLICABILITY

(1) Pursuant to federal law, every male who is between the ages of eighteen (18) and twenty-six (26), and is a citizen of the United States or a resident of the United States must register with the Selective Service.

(2) Notwithstanding the provisions of paragraph (1), the requirement to register shall not apply to any alien lawfully admitted to the United States as a non-immigrant under Section 101(a)(15) of the “Immigration and Nationality Act”, as amended, for so long as he continues to maintain a lawful nonimmigrant status in the United States.

History

• Authority: T.C.A. §§49-8-203 and 49-7-114.
• Administrative History: Original rule filed May 21, 1991; effective August 28, 1991.

Tenn. Comp. R. & Regs. 0240-02-08-.03 ENROLLMENT CERTIFICATION

(1) Each institution should include in its enrollment or admissions information the requirement that every male to whom this rule applies must certify registration with the Selective Service (or a valid reason for not registering) prior to being considered eligible for enrollment.

(2) In order to establish compliance with this requirement, a statement shall be included in the admissions application which will require male applicants to certify registration with the Selective Service (or to provide a valid reason for not registering).

(3) If the draft registration requirement does not apply to an applicant, (i.e., the applicant is female) the admissions application should provide space to so state, and request an explanation as to why the requirement does not apply.

(4) The institution shall determine as ineligible for enrollment any applicant who fails to complete the certification of registration statement, and shall timely notify the applicant of this determination.

History

• Authority: T.C.A. §§49-8-203 and 49-7-114.
• Administrative History: Original rule filed May 21, 1991; effective August 28, 1991. Amendment filed August 11, 2004; effective December 29, 2004.

Chapter 0240-02-09 Student Immunization Requirements

Tenn. Comp. R. & Regs. 0240-02-09-.01 IMMUNIZATION RULES

(1) Each college shall ask all applicants for admission to provide health information that establishes the applicant’s compliance with the recommended immunization schedule for measles, mumps, rubella, and varicella for adults, issued by the Center for Disease Control and Prevention (CDC) Advisory Committee on Immunization Practices (ACIP).

(a) Proof of prior or current military service shall be considered proof of the recommended immunizations.

(b) Students with proof of graduation from a Tennessee high school after 2014 shall not be required to submit evidence of the recommended immunizations, except as specified below.

(c) Students enrolling in a course of study that is exclusively online and does not involve any experiential component shall not be asked to provide immunization information.

(2) Except as otherwise required for specific programs of study, failure to provide documentation of recommended immunization shall not be a bar to admission, however, should the college experience an outbreak of a communicable disease, all students without documented immunization for the disease shall be presumed to be un-immunized and subject to immunization, quarantine or isolation recommendations for the purposes of public health disease control.

(3) Notwithstanding the forgoing, any applicant to a program that involves interaction with children, such as a teacher education or early childhood education training program, must present proof of compliance with the recommended 2-dose immunization schedule for mumps, rubella, and varicella for adults, issued by the CDC-ACIP.

(4) Notwithstanding the foregoing, any applicant enrolling in a school of nursing, laboratory technology, or any other allied health profession must present proof of compliance with the immunization schedule for healthcare personnel issued by the CDC-ACIP.

History

• Authority: T.C.A. §§ 49-7-124 and 49-7-125.
• Administrative History: Emergency rules filed January 29, 2018; effective through July 28, 2018. Original rules filed January 29, 2018; effective April 29, 2018.

Tenn. Comp. R. & Regs. 0240-02-09-.02 INFORMATION PROVIDED TO STUDENTS

(1) Each college shall provide each new incoming student with detailed information concerning the risk factors for hepatitis B infection and the availability and effectiveness of vaccine for persons who are at risk of the disease.

(2) Each college shall provide each new incoming student with detailed information concerning the recommended immunization schedule for measles, mumps, rubella and varicella for adults issued by the Center for Disease Control Advisory Committee on Immunization Practices, and the availability and effectiveness of the recommended vaccines.

(3) Each new incoming student shall return a completed waiver form indicating that the college has provided the information required in this section.

History

• Authority: T.C.A. §§ 49-7-124 and 49-7-125.
• Administrative History: Emergency rules filed January 29, 2018; effective through July 28, 2018. Original rules filed January 29, 2018; effective April 29, 2018.

Tenn. Comp. R. & Regs. 0240-02-09-.03 EXEMPTIONS

(1) A student who is required to show proof of immunization under these rules may be exempted from the requirements only under the following circumstances:

(a) Where a physician licensed by the board of medical examiners, the board of osteopathic examiners or a health department certifies in writing that a particular vaccine is contraindicated for one (1) of the following reasons:

1. The individual meets the criteria for contraindication set forth in the manufacturer’s vaccine package insert;

2. The individual meets the criteria for contraindication published by the CDC-ACIP; or 3. In the best professional judgment of the physician, based upon the individual’s medical condition and history, the risk of harm from the vaccine outweighs the potential benefit.

(b) Where a parent or guardian or, in the case of an adult student, the student provides to the institution a written statement, affirmed under penalties of perjury, that vaccination conflicts with the religious tenets and practices of the parent or guardian or, in the case of an adult student, the student.

History

• Authority: T.C.A. § 49-7-124.
• Administrative History: Emergency rules filed January 29, 2018; effective through July 28, 2018. Original rules filed January 29, 2018; effective April 29, 2018.

Chapter 0240-02-10 Title IX Compliance

Tenn. Comp. R. & Regs. 0240-02-10-.01 STATEMENT OF NONDISCRIMINATION ON THE BASIS OF SEX

The Tennessee Board of Regents (the TBR) and institutions under its jurisdiction, as explained in institutional restatements of these rules, will comply with Title IX of the Education Amendments of 1972, § 485(f) of the Higher Education Act, as amended by § 304 of the Violence Against Women Reauthorization Act of 2013, the regulations implementing these Acts found at 34 CFR § 668.41, § 668.46, and Appendix A to

Subpart D of Part 668. Unless explicitly provided otherwise, the terms “institution” and “TBR institution” include the TBR for any complaints, investigations, adjudications, and other proceedings under this rule that involve the TBR System Office.

History

• Authority: T.C.A. §§ 4-5-101, et seq. and 49-8-203.
• Administrative History: New rules filed July 13, 2021; effective October 11, 2021.

Tenn. Comp. R. & Regs. 0240-02-10-.02 DEFINITIONS

(1) Complainant - A person who is alleged to be the victim of conduct that could constitute Sexual Harassment. A complainant may also be referred to as a Party.

(2) Consent - An active agreement to participate in a sexual act. An active agreement is words and/or actions that indicate a willingness to participate in a sexual act. 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.

(3) Education program or activity - Education programs and/or activities include locations, events, or circumstances over which the TBR or a TBR institution exercises substantial control over both the respondent and the context in which the alleged sexual harassment occurred.

Relevant factors include whether the alleged conduct took place (i) on or off premises owned or controlled by TBR or a TBR institution, (ii) during school or work hours, (iii) as part of an institution-sponsored social activity, and (iv) as part of an activity that advances an educational

purpose. Education programs or activities also include any building owned or controlled by an officially-recognized student organization. Whether the respondent is a TBR or a TBR institutional employee, and if so, the nature of the respondent’s employment may be relevant.

No single factor is determinative, including whether the alleged harassment took place on premises owned or controlled by the TBR or a TBR institution. The Title IX Coordinator will make a fact-specific decision whether, if proven, the allegations arise out of an education program or activity.

(4) Force/Forced - Words and/or conduct that, viewed from the perspective of a reasonable person, substantially impair(s) a person’s ability to voluntarily choose whether to take an action or participate in an activity. Examples of force include, without limitation: physical force (e.g., hitting, punching, slapping, kicking, restraining, choking, kidnapping, using a weapon, blocking access to an exit);

October, 2021 2 (a) Words and/or conduct that would cause a reasonable person to fear:

1. Physical force or other harm to the person’s health, safety, or property, or a third person’s health, safety, or property;

2. Loss or impairment of an academic benefit, employment benefit, or money;

3. Disclosure of sensitive personal information or information that would harm a person’s reputation;

4. Disclosure of video, audio, or an image that depicts the person’s nudity or depicts the person engaging in a sexual act(s); or 5. Other immediate or future physical, emotional, reputational, financial, or other harm to the person or a third person.

(5) Formal Complaint - A document filed by a complainant or signed by the Title IX Coordinator alleging sexual harassment against a respondent and requesting that the TBR or the TBR institution investigate the allegation. At the time of filing a formal complaint, a complainant either must be participating in or attempting to participate in the TBR or TBR institution’s education program or activity implicated by the formal complaint.

(6) “Incapacitation” means that a person lacks the ability to actively agree to a sexual act because the person is asleep, unconscious, under the influence of an anesthetizing or intoxicating substance such that the person does not have control over their body, is otherwise unaware that a sexual act is occurring, or their mental, physical, or developmental abilities renders them incapable of making a rational informed judgment. Incapacitation is not the same as legal intoxication.

(7) Respondent - A person who has been alleged to be a perpetrator of conduct that could constitute sexual harassment. A respondent may also be referred to as a party.

(8) “Retaliation” for purposes of these rules means to intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by these rules or by Title IX, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing. Intimidation, threats, coercion, or discrimination, including charges against an individual that do not involve sex discrimination or sexual harassment, but arise out of the same facts or circumstances as a report or complaint of sex discrimination, or a report or formal complaint of sexual harassment, for the purpose of interfering with any right or privilege secured by these rules constitutes retaliation. Retaliation is a violation of these rules regardless of whether the underlying allegation is ultimately found to have merit.

(a) The exercise of rights protected under the First Amendment and other provisions of the United States Constitution does not constitute retaliation.

(b) Charging an individual with a violation of these rules or other rules for making a materially false statement in bad faith in the course of a grievance proceeding under these rules does not constitute retaliation.

(9) Sexual Harassment - Conduct on the basis of sex that satisfies one (1) or more of the following:

(a) An employee of TBR or a TBR institution conditioning provision of an aid, benefit, or service on an individual’s participation in unwelcome sexual conduct (quid pro quo);

October, 2021 3 (b) Unwelcome conduct of a sexual nature determined by a reasonable person to be so severe, pervasive and objectively offensive that it effectively denies a person equal access to the institution’s education program or activity. “Reasonable person” means a reasonable person under similar circumstances as and with similar identities to the Complainant. A TBR institution will consider the totality of the circumstances, including without limitation, the context in which the conduct and/or words occurred, and the frequency, nature, and severity of the words and/or conduct. In no event shall sexual harassment be construed to prohibit speech protected by the First Amendment to the United States Constitution (e.g., merely offensive or insulting speech); or (c) Sexual assault as defined by federal law, dating violence as defined by federal law, domestic violence as defined by state or federal law, or stalking as defined by federal law.

History

• Authority: T.C.A. §§ 4-5-101, et seq. and 49-8-203.
• Administrative History: New rules filed July 13, 2021; effective October 11, 2021.

Tenn. Comp. R. & Regs. 0240-02-10-.03 EQUITABLE TREATMENT

(1) No Title IX Coordinator, investigator, decision-maker, person designated to facilitate an informal resolution process, or anyone deciding an appeal shall have a conflict of interest or bias for or against complainants or respondents generally, or against an individual complainant or respondent.

(2) The Title IX Coordinator is responsible for appointing investigators, decision-makers, and appellate reviewers, and may appoint someone from another TBR institution or someone not employed by a TBR institution in order to avoid potential bias, a potential conflict of interest, or for other reasons. In the event of a conflict of interest or potential bias of the Title IX Coordinator, or if the Title IX Coordinator believes that another person should serve in that role for other reasons, the TBR Central Office shall be responsible for appointing someone to serve the functions of the Title IX Coordinator. A deputy Title IX Coordinator has the same authority as the Title IX Coordinator.

(3) Each institution will provide a prompt, fair, and impartial investigation, adjudication, and, if applicable, disciplinary process. Institutions will treat complainants and respondents equitably, which includes an objective evaluation of all relevant evidence, including both evidence that tends to prove or disprove the allegations.

(4) Credibility determinations will not be based on a person’s status as a Complainant, Respondent, or witness.

(5) The investigation shall proceed with a presumption that a respondent is not responsible for the alleged conduct unless and until a determination of responsibility for a violation is made at the conclusion of the decision-making process. The burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility for sexual harassment rests with the institution. The parties do not carry the burden of proof.

(6) The institution or TBR shall provide simultaneous written notification to the parties of:

(a) Any initial, interim, or final decision by an official authorized to resolve disciplinary matters;

(b) Any available appeal procedures for that decision;

(c) Any change to that decision; and October, 2021 4 (d) When that decision becomes final.

(7) The parties will receive timely and equal access to information.

(8) Neither TBR nor a TBR institution will restrict any rights protected by the First Amendment to the U.S. Constitution, deprive a person of any rights that would otherwise be protected under the Due Process Clauses of the Fifth and Fourteenth Amendments to the U.S. Constitution, or restrict any other rights guaranteed by the U.S. Constitution or State of Tennessee Constitution.

History

• Authority: T.C.A. §§ 4-5-101, et seq. and 49-8-203.
• Administrative History: New rules filed July 13, 2021; effective October 11, 2021.

Tenn. Comp. R. & Regs. 0240-02-10-.04 REPORTING SEXUAL HARASSMENT

(1) Applicability (a) Allegations of sexual discrimination or harassment that do not meet the definition of sexual harassment in these rules or otherwise do not meet the criteria for filing a formal complaint will be handled in accordance with TBR’s Rules for Student Conduct and Disciplinary Sanctions, Chapter 0240-02-03.

(b) Upon receiving and assessing a report of sexual harassment and/or other sexual discrimination or harassment, the Title IX Coordinator will decide whether the criteria for proceeding under these rules, procedures, and processes are met and whether additional rules, procedures and processes may apply.

(c) These rules apply not only to conduct by students, faculty, and staff, but also to conduct by third parties, such as vendors with whom the institution contracts to provide services, and campus visitors.

(2) Reporting to Title IX Coordinator (a) Any person may report sexual harassment to the Title IX Coordinator at any time, including but not limited to, during non-business hours, by using the telephone number or electronic mail address, or office mail address listed for the Title IX Coordinator.

(b) Although reports and complaints of sexual harassment may be made at any time, reports should be made as soon as possible so that the institution is best able to address the allegation.

(c) An institution shall publish its Title IX Coordinator’s name and contact information (mailing address, phone number, email address, etc.) in institutional materials and on its website.

(3) Supportive and Interim Measures (a) After receiving a report of potential sexual harassment, whether or not the report is a formal complaint, the Title IX Coordinator will contact the complainant to discuss the availability of interim/supportive measures, inform the complainant of their availability, and consider the complainant’s wishes with respect to potential interim/supportive measures. The Title IX Coordinator will also explain the process for filing a formal complaint.

(b) The Title IX Coordinator, in conjunction with the appropriate department, may implement interim, supportive, or protective measures while assessing, investigating, and resolving October, 2021 5 the report. These interim/supportive measures are non-disciplinary, non-punitive, individualized services and are offered without fee or charge to the complainant and/or respondent before or after the filing of a formal complaint or where no formal complaint has been filed.

(c) Interim/supportive measures are designed to restore or preserve equal access to the institution’s programs or activities without unreasonably burdening the other party and may include measures designed to protect the safety of all parties or the institution’s educational environment or deter sexual harassment.

(d) These measures may include, but are not limited to: mutual no-contact directives; access to counseling services and assistance in setting up an initial appointment; changing schedules, assignments, or job/study locations to lessen or minimize contact; extensions of deadlines and course-related adjustments; limiting or barring an individual’s or organization’s access to certain institutional facilities or activities; providing an escort to ensure safe movement on campus; providing academic support services, such as tutoring; arranging for a party to re-take a course or withdraw from a class without penalty; administrative leave; leave of absence; institution-imposed leave or physical separation from individuals or locations.

(e) The institution will attempt to maintain the confidentiality of such interim/supportive measures, to the extent that it can do so without impairing its ability to effectuate the interim/supportive measures or to investigate and adjudicate the complaint.

(4) Formal Complaint (a) Any person alleging to be a victim of sexual harassment that took place within an education program or activity of TBR or a TBR institution in the United States may file a formal complaint.

(b) A complainant who wants TBR or a TBR institution to conduct an investigation and take action in accordance with these rules must file a formal complaint alleging sexual harassment. The Title IX Coordinator may also file a formal complaint.

(c) A complainant must submit a written formal complaint in person, by mail, or via electronic mail to the Title IX Coordinator. The document must contain the complainant’s physical signature or a “digital signature.” (A digital signature is information transmitted electronically that enables the Title IX Coordinator to determine that the complainant is the person submitting the complaint, including, but not limited to, an email from a TBR institutional account or a typed version of the complainant’s name. A digital signature need not reproduce a written signature.) A formal complaint cannot be submitted anonymously. Only the Title IX Coordinator can submit a formal complaint on behalf of another person.

(d) Although TBR institutions will attempt to consider the wishes of complainants, including that no investigation be conducted, TBR institutions will also consider their obligations under TBR rules and applicable law. Thus, when the Title IX Coordinator receives a report of sexual harassment, the Title IX Coordinator may decide to investigate the matter, even if the complainant does not want the report investigated. If the Title IX Coordinator decides to file a formal complaint, the Title IX Coordinator is not a “party” to any investigation, determination or hearing process.

(e) Complainants should provide as much of the following information as possible: what happened, where, and when; names of all people involved, including witnesses (if any); supporting documentation (if any); and contact information. TBR encourages reporting of sexual harassment even if some or all information is unavailable or cannot be October, 2021 6 provided. The Title IX Coordinator will explain their role, the options for reporting an incident, potential available interim/supportive measures, and the available resources for assistance.

(5) Confidential Resources (who will not share information with Title IX Coordinator)

(a) TBR encourages students who have experienced sexual harassment to talk to someone about what happened, whether they want their report to be investigated or not.

Institutions should offer complainants someone to talk to confidentially so that they can get the support they need. Institutions shall explain that some resources are confidential and should be considered if the complainant does not want the institution to investigate the matter.

(b) If the institution employs or contracts with such individuals, confidential resources include licensed professional counselors/mental health providers when acting in that role; pastoral counselors acting in that capacity; and medical professionals when acting in a clinical role. These resources do not report any information about an incident to the Title IX Coordinator without a complainant’s permission. Institutions shall identify and provide contact information for any confidential reporting options within the institution.

(c) Counselors and health care providers not affiliated with the institution will generally maintain confidentiality and not share information with the institution unless the complainant requests the disclosure and signs a consent or waiver form. However, these resources may have reporting obligations under state or federal law. For example, healthcare providers and certain other individuals are required to notify law enforcement when a person seeks treatment for injuries related to a violent crime, including injuries resulting from sexual harassment or abuse of a minor.

(6) No Retaliation (a) Retaliating against a person who makes a report or files a complaint, participates or assists in an investigation, encourages another to file a complaint, or opposes sexual harassment (or any other form of unlawful discrimination or harassment) is prohibited.

Neither students nor anyone acting on a student’s behalf is permitted to interfere with an investigation. Retaliation or interference will result in disciplinary sanctions consistent with these rules and other rules.

(b) In order to help prevent retaliation, institutions should keep confidential the identity of anyone who has made a report or complaint of sex discrimination, including anyone who has filed a formal complaint of sexual harassment, any complainant, any respondent, and any witness except as is required to carry out an institution’s responsibilities under these rules and other rules, as required or permitted by state or federal law.

(7) Complainant Services (a) Each institution shall provide notice of available assistance and services to complainants.

The statement shall include, at a minimum, the following:

1. The identity and contact information for trained on- and off-campus advocates and counselors who can provide an immediate confidential response in a crisis situation;

2. Emergency number for on- and off-campus safety, law enforcement, and other first responders, including the Title IX Coordinator;

October, 2021 7 3. A list of health care options, both on- and off-campus, including options to seek treatment for injuries, preventative treatment for sexually transmitted diseases, and where and how to get a rape kit or find a Sexual Assault Nurse Examiner (SANE);

4. A statement that it is very important for the complainant to be screened for sexually transmitted diseases/pregnancy/drugs that may have been used to incapacitate, obtain emergency contraception, and receive treatment for any injuries. Valuable physical evidence can be obtained from the complainant and the complainant’s clothing. Even those who are unsure whether to make a police report or take action may wish to have a forensic examination, which will facilitate the identification and preservation and of physical evidence;

5. A statement that to help preserve evidence in the event of a sexual assault, it is important for the complainant not to change clothes or bedding and not take a shower, douche, use the toilet, brush their teeth or clean up until police have had a chance to gather evidence. However, if a complainant has already changed clothes or cleaned up/showered, evidence may still be collected. The complainant should leave any clothes or bedding unfolded and undisturbed, if possible. If clothing or bedding must be moved, items should be kept separate to prevent transfer of body fluids or other trace evidence. Parties should not delete or destroy any text messages, social media, emails, voicemails, written notes, or any other documents that may be relevant;

6. A list of locations, including contact information, for any available advocate (e.g. a local rape crisis center, on-campus advocacy program) who can accompany a person to the hospital or health provider; and 7. A statement that these services are available whether or not a complainant chooses to make an official report, file a formal complaint, or participate in the institutional disciplinary or applicable criminal process.

(8) Reporting Pursuant to Nottingham Act (a) Unless the victim of a rape does not consent to the reporting of an offense, the chief security office or chief law enforcement officer of the institution (if applicable), shall immediately notify the local law enforcement agency with territorial jurisdiction over the institution if the officer is in receipt of a report from victim alleging that any degree of rape has occurred on the property of the institution. The chief security officer or chief law enforcement officer shall designate one (1) or more persons who shall have the authority and duty to notify the appropriate law enforcement officer. In the case of an alleged rape, the institution’s law enforcement agency shall lead the investigation. After notifying the local law enforcement agency, the institution shall cooperate in every respect with the investigation conducted by the law enforcement agency.

(b) If the victim does not consent to the reporting, the chief security officer or chief law enforcement office of each institution shall not report the offense to the local law enforcement agency.

History

• Authority: T.C.A. §§ 4-5-101, et seq.; 49-7-129; 49-7-2207; and 49-8-203.
• Administrative History: New rules filed July 13, 2021; effective October 11, 2021.

Tenn. Comp. R. & Regs. 0240-02-10-.05 INVESTIGATIONS AND OUTCOMES

(1) Intake and Assessment of Formal Complaints October, 2021 8 (a) The Title IX Coordinator will assess the nature of reports and formal complaints, including whether one (1) or more allegations meet the criteria for the filing of a formal complaint.

Formal complaints that include some allegations that, if proved, constitute sexual harassment and some that do not meet that definition will be investigated pursuant to these and other applicable rules, procedures, and processes and adjudicated in accordance with these and other applicable rules, procedures, and processes. As appropriate, the Title IX Coordinator may initiate proceedings under these rules, refer the matter to another department, and/or inform the complainant about the availability of other methods to address the allegations.

(b) As part of the assessment, the Title IX Coordinator or designee may contact the complainant and ask for information about the allegations. Supporting documents, such as emails, photos, text messages, and any other evidence should be preserved. If witnesses were present or have relevant knowledge, it is important to identify them, state what they may know, and inform the investigator how they can be contacted.

(c) Where formal complaints involving more than one (1) complainant and/or more than one (1) respondent arise out of the same facts and circumstances, the Title IX Coordinator may consolidate formal complaints.

(d) If it appears, based on an allegation of sexual harassment, that a student may constitute an immediate and direct threat to the physical health or safety of another individual, the institution will conduct an individualized inquiry and risk analysis and may place the student on interim suspension on an emergency basis. If the institution implements an interim suspension, the student shall be given the opportunity at the time of the decision, or as soon thereafter as reasonably possible, to contest the interim suspension.

Institutions shall follow the procedures set forth in TBR’s Rules for Student Conduct and Disciplinary Sanctions, Chapter 0240-02-03, related to interim suspensions.

(e) Participation in the formal complaint process by a complainant, respondent, institution, or other person does not waive applicable privileges, including attorney-client privilege, doctor-patient privilege, the peer review/quality improvement privilege, etc. The holder of a privilege may waive it in certain circumstances.

(f) There shall be no separate procedure for investigating and resolving complaints of sexual harassment involving student-athletes or any other subgroup of students.

(2) Notice of Allegations (a) Upon receipt of a formal complaint, the Title IX Coordinator will provide written notice to known parties. A notice of allegations will be provided even if the formal complaint is dismissed at the same time or shortly after the notice of allegations issues (e.g., the allegations if proven do not meet the definition of sexual harassment). The notice of allegations will enable both parties to appeal the dismissal or to proceed under another

rule. The notice of allegations shall contain:

1. An explanation of the investigation and grievance process;

2. The availability of an informal resolution process;

3. Explanation of the allegations potentially constituting sexual harassment in sufficient detail and with sufficient time to prepare a response before any initial interview. A respondent will have at least three (3) business days after issuance of a notice of allegations prior to an initial interview, but depending on the nature of the allegations, additional time may be offered or requested;

October, 2021 9 4. The identity of the parties involved in the incident, if known, and the date and location of the alleged incident;

5. A statement that the respondent is presumed not responsible for the alleged conduct unless and until a determination of responsibility has been issued;

6. A statement that the parties may have an advisor of their choice at meetings they are permitted to attend. The advisor may be, but is not required to be, an attorney.

(Parties may hire their own attorneys. At a live hearing only, TBR institutions will provide advisors to parties who do not have their own advisor);

7. Any prohibitions against knowingly making false statements or knowingly submitting false information; and 8. A statement that retaliation against a person who makes a report or files a complaint, participates or assists in an investigation, encourages another to file a complaint, or opposes sexual harassment is prohibited and will result in disciplinary sanctions, up to and including dismissal.

(b) If, during the course of an investigation, the institution decides to investigate allegations about the complainant or respondent that are not included in the notice of allegations, the institution will provide additional written notice of allegations to known parties.

(3) Dismissal of Formal Complaints (a) If the Title IX Coordinator concludes that the Complainant was not participating in or attempting to participate in an institutional education program or activity at the time of the formal complaint or that the conduct alleged in a formal complaint would not constitute sexual harassment even if proved, did not occur in an institution’s education program or activity, or did not occur against a person while in the United States, the Title IX Coordinator shall dismiss the formal complaint.

(b) The Title IX Coordinator has discretion to dismiss a formal complaint or any allegations in it, if at any time during the investigation or hearing a complainant notifies the Title IX Coordinator in writing that the complainant would like to withdraw the formal complaint or any allegations in it; the respondent is no longer enrolled by, employed by, or associated with a TBR institution; or specific circumstances prevent the TBR institution from gathering evidence sufficient to reach a determination as to the formal complaint or allegations therein.

(c) The Title IX Coordinator may decide to dismiss a formal complaint of sexual harassment and refer the matter for disposition pursuant to a different rule when an allegation of sexual harassment is dismissed or when a formal complaint ceases to include an allegation of sexual harassment.

(d) Upon dismissal of a formal complaint for any reason, the Title IX Coordinator will promptly send written notice explaining the reasons for dismissal to the parties. The dismissal notice will also explain whether the TBR institution will investigate or respond to the allegations under another rule.

(4) Informal Resolutions (a) Because a full investigation and adjudication process may not be in the best interests of all concerned, the Title IX Coordinator may decide to offer an informal resolution process.

The informal resolution process is designed to provide flexibility in creating a resolution to a formal complaint that meets the needs of the parties and the institution. Informal October, 2021 10 resolutions may include meetings facilitated by the TBR institution or third parties, resolutions facilitated by the Title IX Coordinator without formal meetings, mediations, and/or restorative justice concepts. Disciplinary action may or may not be part of any informal resolution. The parties must agree in writing to participate in any informal resolution process that the Title IX Coordinator may offer.

(b) An informal resolution process is only available after the filing of a formal complaint and prior to a determination regarding responsibility. If the Title IX Coordinator believes an informal resolution may be appropriate, the Title IX Coordinator will propose an informal resolution process in either the initial notice of allegations or a subsequent written document. The Title IX Coordinator may discuss with the parties the details of how the process will work. The written notice will contain the allegations or refer to the notice of allegations, set out the informal resolution process, explain that at any time prior to agreeing to a resolution, the complainant, respondent, or the institution may withdraw from the informal resolution process and resume the investigation and adjudication process, and identify any records that will be maintained or shared related to the process.

(c) The Title IX Coordinator shall not offer or facilitate an informal resolution process to resolve allegations that an institution employee engaged in sexual harassment against a student.

(5) Investigation of Formal Complaints (a) The TBR institution will investigate all formal complaints, unless dismissed or resolved.

1. The institution will not access, consider, disclose, or otherwise use a party’s records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional acting in the professional’s capacity and made or maintained in connection with the treatment to the party, unless the party voluntarily consents in writing.

2. The investigator will conduct an investigation that is appropriate under the circumstances. The investigation will include a review of documents and physical evidence, as well as interviews with the parties and other witnesses, unless they decline to be interviewed. The investigator may request access to premises, records, and documents deemed relevant. As the investigation progresses, the investigator may seek clarification, including during a subsequent interview, from any person participating in the investigation regarding the incident or their statement. A party who learns or remembers any additional information should notify the investigator immediately. The parties will have an equal opportunity to provide evidence and to identify witnesses, including fact and expert witnesses.

Parties are encouraged to provide, as soon as possible, any evidence that the party believes to be relevant and wants the investigator to consider. If at all possible, a party should provide evidence in time for the investigator to make that evidence available for inspection and review in accordance with these rules.

3. Although the parties are encouraged to provide the institution with information and evidence related to the allegations, the institution is ultimately responsible for gathering evidence sufficient to reach a determination regarding responsibility.

4. Neither TBR nor the institution will restrict the parties from discussing the allegations under investigation or from gathering and presenting relevant evidence. Any restrictions on the ability of the parties to discuss matters related to the proceeding but which are not under investigation will be explained in the notice of allegations.

October, 2021 11 5. Each party will have the opportunity to obtain and to be accompanied to a meeting or proceeding by an advisor of their choice, who may, but is not required to be, an attorney.

6. When a party is invited or expected to participate in a meeting, the institution will provide written notice of the date, time, location, participants, and purpose of the meeting, interview, or hearing, with sufficient time for the party to prepare to participate.

7. Both parties will have an equal opportunity to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in a formal complaint, including evidence that is directly related to the allegations but upon which the institution does not intend to rely in reaching a determination regarding responsibility. The institution will include both evidence that tends to prove and disprove the allegations, whether obtained from a party or other source, so that each party can meaningfully respond to the evidence prior to the conclusion of the investigation.

8. Prior to the completion of an investigation report, the institution will send to each party the evidence subject to inspection and review. Unless a party requests that the institution not do so, the institution will also send the evidence to each party’s advisor who has been identified. An institution may decide to provide access to evidence through electronic means that is not available for download. In such case, the parties and their advisors are prohibited from, directly or indirectly, photographing or reproducing such evidence (unless the party has access to the evidence independent of the portal, e.g., documents submitted by the party or publicly available information).

9. The institution will provide at least ten (10) calendar days for the parties to respond to the evidence provided for inspection and review. The investigator will share any written response with the other party and will consider any written response prior to completing the investigative report.

(6) Written Report (a) At the conclusion of the investigation, the investigator will prepare a written report. The report shall:

1. Identify the allegations;

2. Identify relevant rules;

3. Explain the procedural steps taken between receipt of the formal complaint and the conclusion of the investigation, including all notifications to the parties, interviews with the parties, interviews with other witnesses, dates of all interviews, any site visits, and the methods used to gather evidence; and 4. Fairly summarize the relevant evidence.

(b) The written report shall not make findings of fact or conclusions regarding the application of facts to these rules.

(c) At least ten (10) calendar days prior to a hearing, the investigator will send to each party the investigation report for review and written response. Unless a party requests that the institution not do so, the institution will also send the investigation report to an advisor whom the party has been identified.

October, 2021 12 (d) The parties should provide any written response as soon as possible. The investigator may issue an amended investigation report if the investigator deems appropriate and if a party provides comments in sufficient time for the investigator to do so. The parties’ written responses and any amended investigation report will be sent to the decisionmaker.

(7) Advisors (a) Both the complainant and the respondent will be permitted to have an advisor of their choosing present during meetings where their attendance is permitted or expected.

Nothing in these rules shall be read to require that an institution allow a party to attend an interview of the other party or of a witness.

(b) The advisor may accompany and confer privately with a party, but the advisor may not interrupt, speak on behalf of a party, or otherwise actively participate in any meeting, except for conducting cross-examination at a live hearing.

(c) An advisor’s failure to comply may result in the termination of the meeting or the advisor no longer being permitted to be present.

(d) TBR and institutional personnel employed in the offices responsible for the disciplinary proceedings described in these rules, along with those in the chain of command, personnel employed by the Office of General Counsel, and others whose participation could create a conflict of interest with their duties are not eligible to serve as advisors.

The institution shall not otherwise limit the choice of an advisor.

(e) If there is a question or concern about a possible advisor, the Title IX Coordinator should be consulted. A party choosing to have an attorney present as an advisor must provide advance notice.

(8) Recordings (a) Parties are not permitted to record any meeting conducted pursuant to these rules.

(b) When a live hearing is conducted, the institution will create an audio recording, audiovisual recording, or transcript and make it available to the parties for inspection and review.

(9) Past Relationships and Conduct (a) Previous sexual relationships of the complainant and respondent with third parties generally are irrelevant.

(b) A past sexual relationship between the complainant and respondent may or may not be relevant. For example, past sexual encounters may provide insight on communication patterns for purposes of determining whether consent was present.

(c) Questions and evidence about a complainant’s sexual predisposition or prior sexual behavior are not relevant unless such questions and evidence about the complainant’s prior sexual behavior are offered to prove that someone other than the respondent committed the conduct alleged by the complainant, or if the questions and evidence concern specific incidents of the complainant’s prior sexual behavior with respect to respondent and are offered to prove consent.

(10) Standard of Evidence October, 2021 13 (a) In evaluating whether sexual harassment occurred, institutions shall use the preponderance of the evidence standard. A “preponderance of the evidence” means the greater weight of the evidence or that, according to the evidence, the conclusion sought by the party with the burden of proof is the more probable conclusion.

(b) The burden of proof will remain with the institution through the determination.

(11) Timeline (a) Formal complaints typically will be resolved (exclusive of any appeals) within ninety (90) calendar days of filing.

(b) Appeals will be resolved within fifteen (15) calendar days of the filing of an appeal.

(c) Given the many variables and factors that may arise in such cases, additional time may be needed in some cases. Any departure from these time frames will be for good cause and communicated in writing or by email to both the complainant and the respondent simultaneously, along with a new timeline and explanation of the reasons. Good cause to extend the deadlines includes, but is not limited to, the absence of a party, a party’s advisor, or witness; concurrent law enforcement activity; or the need for language assistance or the accommodation of disabilities.

(d) Incompletion of the process within such time frames is not cause for dismissal of a formal complaint.

(12) Parallel Investigations with Law Enforcement (a) The filing of a police report or the pendency of civil or criminal proceedings does not preclude the institution from proceeding with its investigation and determination.

(b) The investigation and determination may be delayed until law enforcement has finished gathering evidence and indicated that the institution may proceed with an investigation, but the institution generally will not wait for the conclusion of any criminal proceeding.

(c) Civil or criminal proceedings are separate and distinct from internal institutional proceedings, and they may or may not run parallel to each other. However, the institution may be required by law to provide information in civil or criminal proceedings.

(13) Live Hearings (a) The institution will conduct a live hearing of formal complaints not dismissed in order to make a determination whether these rules have been violated. The decision-maker appointed by the Title IX Coordinator has the authority to maintain order at the hearing and make all decisions necessary for the fair, orderly, and expeditious conduct of the hearing. The decision-maker shall be the final decider concerning all aspects of the hearing, including prehearing matters and at the hearing, how evidence is examined and the order of witnesses.

(b) At the request of either party, the institution will provide for the live hearing to be conducted with the parties located in separate rooms with technology enabling the decision-maker and parties to simultaneously see and hear the party or the witness answering questions.

(c) In cases involving more than one (1) respondent, any party may request separate hearings by submitting a request at least five (5) business days before the hearing. The Title IX Coordinator will decide whether to grant the request.

October, 2021 14 (d) Live hearings may be conducted with all parties physically present in the same geographic location or, at the institution’s discretion, any or all parties, witnesses, and other participants may appear at the live hearing virtually, with technology enabling participants simultaneously to see and hear each other.

(e) At least ten (10) business days prior to a live hearing, the institution will provide both parties with written notice of the following:

1. The time, place, date of the hearing, and electronic access information, if applicable;

2. The name of each witness the institution expects to present or be present at the hearing and those the institution may present if the need arises;

3. The right to request a copy of the investigative file (other than portions that are protected by law or privilege), which includes all of the evidence obtained as part of the investigation that is directly related to the allegations raised in the formal complaint;

4. The right to request copies of all documents, copies of electronically stored information, and access to tangible evidence that the institution has in its possession, custody, or control and may use to support claims or defenses;

5. The right to have an advisor of the party’s choice, who may be, but is not required to be an attorney, and that if the party does not have an advisor present at the hearing, the institution will provide an advisor of the institution’s choice, without fee or charge, to ask the other party and any witnesses all relevant questions and follow-up questions on behalf of that party;

6. Any party in need of an institution-provided advisor must inform the Title IX Coordinator at least five (5) business days before the hearing;

7. Any cross-examination of any other party or witness must be conducted by the advisor; and 8. Additional information may be included in the notice of hearing.

(f) When notice is sent by U.S. mail or courier service, the notice is effective on the date the notice is mailed or delivered to the courier service. When notice is hand delivered by the institution, notice is effective on the date that the notice is delivered to a party. When notice is sent by email, the notice is effective on the date that the email is sent to the parties’ institution-provided email account.

(g) The decision-maker may conduct a pre-hearing meeting or conference with the parties and their advisors to discuss pre-hearing issues, including any technology to be used at the hearing and the general rules governing the hearing.

(h) The decision-maker may allow a temporary delay of the process or the limited extension of time frames for good cause with written notice to the parties of the delay or extension and the reasons for the action. Good cause may include, but is not limited to, considerations such as the absence of a party, a party’s advisor, or a witness; concurrent law enforcement activity; or the need for language assistance or accommodation of disabilities.

October, 2021 15 (i) If a party fails to attend a hearing, the decision-maker may proceed without that party’s participation.

(j) During the hearing, the decision-maker will make evidence subject to review and inspection during the investigation phase available to give each party equal opportunity to refer to that evidence, including for purposes of cross-examination.

(k) Questions and evidence about the complainant’s sexual predisposition or prior sexual behavior are not relevant, unless such questions and evidence about the complainant’s prior sexual behavior are offered to prove that someone other than the respondent committed the conduct alleged by the complainant, or if the questions and evidence concern specific incidents of the complainant’s prior sexual behavior with respect to the respondent and are offered to prove consent.

(l) Only relevant cross-examination and other questions may be asked of a party or witness.

Before a complainant, respondent, or witness answers a cross-examination question or a question from someone other than the decision-maker, the decision-maker will first determine whether the question is relevant and explain any decision to exclude a question as not relevant.

(m) The decision-maker will not require, allow, rely upon, or otherwise use questions or evidence that constitute, or seek disclosure of, information protected under a legally recognized privilege, unless the person holding the privilege has waived the privilege.

(n) The decision-maker will permit each party’s advisor to ask the other party and any witnesses all relevant questions and follow-up questions, including those challenging credibility. Such cross-examination at the live hearing will be conducted directly, orally, and in real time by the party’s advisor and never by a party personally. Conducting crossexamination will be the advisor’s only opportunity to speak. Advisors will not engage in other presentation of arguments or evidence, including opening statements, closing arguments, or direct examinations.

(o) If a party does not have an advisor at the live hearing, the institution will provide without fee or charge to that party an advisor. The institution will choose the advisor.

(p) If a party or witness does not submit to cross-examination at the live hearing, the decision-maker will not rely on any statement of that party or witness in reaching a determination regarding responsibility; provided however, that the decision-maker cannot draw an inference about the determination regarding responsibility based solely on a party’s or witness’s absence from the live hearing or refusal to answer cross examination or other questions.

(q) For good cause shown, a decision-maker may permit the participation of witnesses who were not identified by the party to the investigator, or the inclusion of evidence not provided by the party to the investigator.

(r) The institution will create an audio or audiovisual recording, or transcript, of a live hearing and make it available to the parties for inspection and review.

(s) The decision-maker may dismiss the formal complaint or any allegations therein, if at any time during the hearing a complainant notifies the Title IX Coordinator in writing that the complainant would like to withdraw a formal complaint or any allegations therein, the respondent is no longer enrolled or employed by the institution, or specific circumstances prevent the institution from gathering evidence sufficient to reach a determination as to the formal complaint or allegations therein.

October, 2021 16 (t) If the decision maker dismisses the formal complaint during the grievance process, the decision-maker will promptly notify the Title IX Coordinator, who will promptly send written notice of the dismissal and reasons therefor simultaneously to the parties.

(14) Written Determination (a) Within fifteen (15) business days of the hearing, the decision-maker will issue a written determination that will be provided to the parties simultaneously.

(b) The determination becomes final either on the date that the institution provides the parties with a written result of an appeal, or if an appeal is available but not filed, the day after the deadline to appeal.

(c) The determination will include:

1. Identification of the allegations potentially constituting sexual harassment, as well as identification of any additional allegations that are being resolved but which do not constitute sexual harassment;

2. A description of the procedural steps taken between receipt of the formal complaint and the determination, including all notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and any hearings held;

3. Findings of fact supporting the determination;

4. Conclusions regarding the application of these rules, as well as any other relevant rules, procedures, or processes to the facts;

5. A statement of, and rationale for, the result as to each allegation before the decision-maker, including a determination regarding responsibility;

6. Any disciplinary action that the decision-maker imposes on the respondent, including referral to another process;

7. Any remedies that the institution will provide designed to restore or preserve equal access to education programs and/or activities to the complainant; and 8. The permissible bases and procedures, including timelines, for appeals by the parties.

(15) Remedies and Disciplinary Action Following Determination of Violation (a) The institution will provide remedies where a determination of responsibility for sexual harassment has been made. The institution will follow these and other applicable rules before the imposition of any disciplinary sanctions for sexual harassment that are not supportive/interim measures.

(b) Remedies will be designed to restore or preserve equal access to education programs and activities and will include one (1) or more sanctions identified in TBR’s Rules for Student Conduct and Disciplinary Sanctions, Chapter 0240-02-03.

(c) Remedies may also consider improvements to the campus-wide environment.

Institutions should consider the impact of an incident of sexual harassment on the campus as a whole or specific groups or areas of campus. For example, specific training may be needed for a student group.

October, 2021 17 (d) The Title IX Coordinator is responsible for ensuring effective implementation of the remedies.

(16) Appeals/Post-Determination Procedures (a) Parties are permitted to appeal to the institution’s President (or other person appointed by the Title IX Coordinator) from a determination regarding responsibility (or no responsibility) and from a dismissal of a formal complaint or of any allegations in a formal complaint on the basis of:

1. Procedural irregularity that affected the outcome of the matter;

2. New evidence that was not reasonably available at the time the determination or dismissal was made, but only if that new evidence could affect the outcome of the matter; or 3. The Title IX Coordinator, investigator(s), or decision-maker(s) had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the outcome.

(b) A party wishing to appeal a determination regarding responsibility or the dismissal of a formal complaint or any allegations therein must file a written appeal with the Title IX Coordinator within seven (7) business days of the date of the determination or the dismissal. The written appeal must identify the reasons for the appeal.

(c) As to all appeals, the Title IX Coordinator will:

1. Notify the other party in writing when an appeal is filed;

2. Implement appeal procedures equally for both parties;

3. Ensure that the decision-maker(s) for the appeal is not the same person as the investigator, the decision-maker, or Title IX Coordinator; and 4. Provide each party five (5) business days from the date of notice from the Title IX Coordinator to provide a written statement in support of, or challenging, the determination.

(d) The decider of the appeal will issue a written decision describing the result of the appeal and the rationale for the result, and will provide the written decision simultaneously to the parties.

History

• Authority: T.C.A. §§ 4-5-101, et seq. and 49-8-203.
• Administrative History: New rules filed July 13, 2021; effective October 11, 2021.

Tenn. Comp. R. & Regs. 0240-02-10-.06 SEVERABILITY

(1) If any provision of the Title IX regulations on which these rules are based is enjoined or held invalid as it applies to the TBR institution or the Title IX regulations’ application to any person, act, or practice is enjoined or held invalid as it applies to the TBR institution, the remainder of these rules or the application of its provisions to any person, act, or practice shall not be affected thereby.

(2) For conduct that occurs across revisions of these rules or other standards, complaints of sexual harassment will be addressed utilizing the procedures outlined in the rules in effect as of the October, 2021 18 date of the notice of allegations. The “Definitions” in effect as of the date of the alleged incident will be used. Complaints and reports of conduct spanning revisions of rules will be addressed using the “Definitions” in the rules in effect at the time of the most recent alleged incident.

History

• Authority: T.C.A. §§ 4-5-101, et seq. and 49-8-203.
• Administrative History: New rules filed July 13, 2021; effective October 11, 2021.

Chapter 0240-03-01 Repealed

Tenn. Comp. R. & Regs. 0240-03-01-.01 REPEALED

History

• Authority: T.C.A. §§ 49-8-203 and 49-8-302.
• Administrative History: Repeal of all rules by Public Chapter 2611; effective July 1, 1985. New rule file April 28, 1983; effective July 13, 1983. Amendment filed November 26, 1997; effective March 30, 1998. Amendment filed August 29, 2000; effective December 29, 2000. Amendment filed January 11, 2002; effective May 31, 2002. Amendment filed September 6, 2002; effective January 28, 2003. Amendment filed September 20, 2007; effective January 28, 2008. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-01-.02 REPEALED

History

• Authority: T.C.A. §§ 49-8-203 and 4-9-302.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed January 31, 1986; effective April 15, 1986. Amendment filed April 30, 1987; effective July 29, 1987. Amendment filed April 23, 1993; effective July 28, 1993. Amendment filed May 18, 1994; effective September 28, 1994. Amendment filed August 7, 1995; effective December 29, 1995. Amendment filed July 3, 1996; November 28, 1996. Amendment filed November 20, 1996; effective March 28, 1997. Amendment filed November 26, 1997; effective March 30, 1998. Amendment filed February 18, 1999; effective June 28, 1999. Amendment filed August 29, 2000; effective December 29, 2000. Amendment filed January 11, 2002; effective May 31, 2002. Amendment filed September 6, 2002; effective January 28, 2003. Amendments filed June 28, 2005; effective October 28, 2005. Amendment filed January 16, 2007; effective May 31, 2007. Amendments filed September 20, 2007; effective January 28, 2008. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-01-.03 REPEALED

History

• Authority: T.C.A. §§ 49-8-203 and 49-8-302.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28,1983; effective July 13, 1983. Amendment file August 29, 2000; effective December 29, 2000. Amendment filed January 11, 2002; effective May 31, 2002. Amendment filed September 6, 2002; effective January 28, 2003. Amendment filed January 16, 2007; effective May 31, 2007. Amendments filed September 20, 2007; effective January 28, 2008. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-01-.04 REPEALED

History

• Authority: T.C.A. §§ 49-8-203 and 49-8-302.
• Administrative History: Repeal of all rules by the Public chapter 26; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed January 31, 1986; effective April 15, 1986. Amendment filed April 20, 1987; effective July 29, 1987. Amendment filed July 29, 1988; effective October 29, 1988. Amendment filed June 1, 1990; effective September 26, 1990. Amendment filed April 23 1993; effective July 28, 1993. Amendment filed May 18, 1994; effective September 28, 1994. Amendment filed July 3, 1996; effective November 28, 1996. Amendment filed August 29, 2000; effective December 29, 2000. Amendment filed January 11, 2002; effective May 31, 2002. Amendment filed September 6, 2002; effective January 28, 2003. Amendment filed June 28, 2005; effective October 28, 2005. Amendments filed September 20, 2007; effective January 28, 2008. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-01-.05 REPEALED

History

• Authority: T.C.A. §§ 49-8-203 and 49-8-302.
• Administrative History: Repeal of all rules by Public chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13,1983. Amendment filed January 31, 1986; effective April 15, 1986. Amendment filed April 3, 1987; effective July 29, 1987. Amendment filed August 29, 1988; effective October 29, 1988. Amendment filed June 1, 1990; effective September 26, 1990. Amendment filed April 23, 1993; effective July 28, 1993. Amendment filed May 18, 1994; effective September 28, 1994. Amendment filed July 3, 1996; effective November 28, 1996. Amendment filed August 29, 2000; effective December 29, 2000. Amendment filed January 11, 2002; effective May 31, 2002. Amendment filed September 6, 2002; effective January 28, 2003. Amendment filed October 8, 2003; effective February 27, 2004. Amendment filed August 11, 2004; effective December 29, 2004. Amendment filed June 28, 2005; effective October 28, 2005. Amendment filed January 16, 2007; effective May 31, 2007. Amendments filed September 20, 2007; effective January 28, 2008. Amendments filed October 29, 2009; effective March 31, 2010. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-01-.06 REPEALED

History

• Authority: T.C.A. §§ 49-8-203 and 49-8-302.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed January 31, 1986; effective April 15, 1986. Amendment filed August 29, 1988; effective October 29, 1988. Amendment filed April 23, 1993; effective July 28, 1993. Repeal filed February 28, 2000; effective June 28, 2000. New rule filed September 20, 2007; effective January 28, 2008. Amendment filed November 12, 2008; effective March 30, 2009. Amendment filed October 29, 2009; effective March 31, 2010. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-01-.07 REPEALED

History

• Authority: T.C.A. §§ 49-8-203 and 49-8-302.
• Administrative History: New rule filed August 28, 1984; effective November 13, 1984. Amendment filed August 29, 1988; effective October 29, 1988. Amendment filed November 3, 1989; effective February 28, 1990. Amendment filed May 13, 1991; effective August 28, 1991. Amendment filed July 14, 1992; effective October 28, 1992. Amendment filed April 23, 1993; effective July 28, 1993. Amendment filed November 26, 1997; effective March 30, 1998. Amendment filed February 18, 1999; effective June 28, 1999. Amendment filed October 8, 2003; effective February 27, 2004. Amendment filed August 11, 2004; effective December 29, 2004. Amendments filed June 28, 2005; effective October 28, 2005. Amendment filed January 16, 2007; effective May 31, 2007. Amendment filed November 12, 2008; effective March 30, 2009. Amendments filed October 29, 2009; effective March 31, 2010. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-01-.08 REPEALED

History

• Authority: T.C.A. §§ 49-8-203 and 49-8-302.
• Administrative History: New rule filed August 28, 1984; effective November 13, 1984. Amendment filed November 3, 1989; effective February 28, 1990. Amendment filed May 13, 1991; effective August 28, 1991. Amendment filed July 14, 1992; effective October 28, 1992. Amendment filed November 26, 1997; effective March 30, 1998. Amendment filed February 18, 1999; effective June 28, 1999. Amendments filed October 29, 2009; effective March 31, 2010. Repeal filed August 10, 2011; effective January 29, 2012.

Chapter 0240-03-02 Repealed

Tenn. Comp. R. & Regs. 0240-03-02-.01 REPEALED

History

• Authority: T.C.A. §§ 49-7-1234(a)(1) and 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed May 18, 1994; effective September 28, 1994. Amendment filed July 3, 1996; effective November 28, 1996. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-02-.02 REPEALED

History

• Authority: T.C.A. §§ 49-7-1234(a)(1) and 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed July 14, 1992; effective October 28, 1992. Amendment filed April 23, 1993; effective July 28, 1993. Amendment filed May 18, 1994; effective September 28, 1994. Amendment filed July 3, 1996; effective November 28, 1996. Amendment filed November 20, 1996; effective March 28, 1997. Amendment filed November 26, 1997; effective March 30, 1998. Amendment filed February 18, 1999; effective June 28, 1999. Amendment filed January 11, 2002; effective May 31, 2002. Amendments filed June 28, 2005; effective October 28, 2005. Amendment filed January 16, 2007; effective May 31, 2007. Amendment filed September 20, 2007; effective January 28, 2008. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-02-.03 REPEALED

History

• Authority: T.C.A. §§ 49-7-1234(a)(1) and 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed April 23, 1993; effective July 28, 1993. Amendment filed August 11, 2004; effective December 29, 2004. Amendment filed November 12, 2008; effective March 30, 2009. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-02-.04 REPEALED

History

• Authority: T.C.A. §§ 49-7-1234(a)(1) and 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed April 30, 1987; effective July 29, 1987. Amendment filed July 3, 1996; effective November 28, 1996. Amendment filed January 11, 2002; effective May 31, 2002. Amendment filed October 17, 2002; effective February 28, 2003. Amendment filed June 28, 2005; effective October 28, 2005. Amendments filed November 12, 2008; effective March 30, 2009. Repeal filed August 10, 2011; effective January 29, 2012. -- 1 of 2 --

Tenn. Comp. R. & Regs. 0240-03-02-.05 REPEALED

History

• Authority: T.C.A. §§ 49-7-1234(a)(1) and 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New Rule filed April 28, 1983; effective July 13, 1983. Amendment filed January 31, 1986; effective April 15, 1986. Amendment filed April 30, 1987; effective July 29, 1987. Amendment filed November 3, 1989; effective February 28, 1990. Amendment filed June 11, 1990; effective September 26, 1990. Amendment filed May 13, 1991; effective August 28, 1991. Amendment filed July 14, 1992; effective October 28, 1992. Amendment filed April 23, 1993; effective July 28, 1993. Amendment filed May 18, 1994; effective September 28, 1994. Amendment filed August 8, 1995; effective December 29, 1995. Amendment filed July 3, 1996; effective November 28, 1996. Amendment filed January 11, 2002; effective May 31, 2002. Amendment filed October 17, 2002; effective February 28, 2003. Amendment filed October 8, 2003; effective February 27, 2004. Amendment filed August 11, 2004; effective December 29, 2004. Amendments filed June 28, 2005; effective October 28, 2005. Amendments filed September 20, 2007; effective January 28, 2008. Amendments filed November 12, 2008; effective March 30, 2009. Amendment filed October 29, 2009; effective March 31, 2010. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-02-.06 REPEALED

History

• Authority: T.C.A. §§ 49-7-1234(a)(1) and 49-8-203.
• Administrative History: New rule filed August 28, 1984; effective November 13, 1984. Amendment filed May 13, 1991; effective August 28, 1991. Amendment filed July 14, 1992; effective October 28, 1992. Amendment filed April 23, 1993; effective July 28, 1993. Amendment filed May 18, 1994; effective September 28, 1994. Amendment filed July 3, 1996; effective November 28, 1996. Amendment filed February 18, 1999; effective June 28, 1999. Amendment filed February 28, 2000; effective June 28, 2000. Amendment filed January 11, 2002; effective May 31, 2002. Amendment filed October 17, 2002; effective February 28, 2003. Amendment filed October 8, 2003; effective February 27, 2004. Amendments filed October 29, 2009; effective March 31, 2010. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-02-.07 REPEALED

History

• Authority: T.C.A. §§ 49-7-1234(a)(1) and 49-8-203.
• Administrative History: New rule filed August 28, 1984; effective November 13, 1984. Amendment filed April 23, 1994; effective July 28, 1994. Amendment filed August 8, 1995; effective December 29, 1995. Amendment filed July 3, 1996; effective November 28, 1996. Amendment filed February 18, 1999; effective June 28, 1999. Amendments filed October 29, 2009; effective March 31, 2010. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-02-.08 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Original rule filed January 31, 1986; effective April 15, 1986. Amendment filed August 8, 1995; effective December 29, 1995. Repeal filed February 28, 2000; effective June 28, 2000. -- 2 of 2 --

Chapter 0240-03-03 Repealed

Tenn. Comp. R. & Regs. 0240-03-03-.01 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed April 23, 1993; effective July 28, 1993. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-03-.02 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed April 23, 1993; effective July 28, 1993. Amendment filed August 8, 1995; effective December 29, 1995. Amendments filed June 28, 2005; effective October 28, 2005. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-03-.03 REPEALED

History

• Authority: T.C.A. § 49-3-203, and 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed April 23, 1993; effective July 28, 1993. Amendment filed August 8, 1995; effective December 29, 1995. Amendment filed August 11, 2004; effective December 29, 2004. Amendments filed June 28, 2005; effective October 28, 2005. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-03-.04 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed April 23, 1993; effective July 28, 1993. Amendment filed August 8, 1995; effective December 29, 1995. Amendment filed July 3, 1996; effective November 28, 1996. Amendment filed November 20, 1996; effective March 28, 1997. Amendment filed February 18, 1999; effective June 28, 1999. Amendment filed January 11, 2002; effective May 31, 2002. Amendment filed August 11, 2004; effective December 29, 2004. Amendments filed June 28, 2005; effective October 28, 2005. Amendment filed September 20, 2007; effective January 28, 2008. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-03-.05 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed April 23, 1993; effective July 28, 1993. Amendments filed June 28, 2005; effective October 28, 2005. Amendments filed November 12, 2008; effective March 30, 2009. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-03-.06 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Original rule filed April 23, 1993; effective July 28, 1993. Amendment filed August 1995; effective December 29, 1995. Amendment filed July 3, 1996; effective November 28, 1996. Amendment filed November 26, 1997; effective March 30, 1998. Amendment filed January 11, 2002; effective May 31, 2002. Amendment filed October 8, 2003; effective February 27, 2004. Amendment filed August 11, 2004; effective December 29, 2004. Amendments filed June 28, 2005; effective October 28, 2005. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-03-.07 REPEALED

History

• Authority: T.C.A. § 49-9-203.
• Administrative History: Repeal of an rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed April 23, 1993; effective July 28, 1993. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-03-.08 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Repeal filed February 28, 2000; effective June 28, 2000.

Tenn. Comp. R. & Regs. 0240-03-03-.09 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Original rule filed August 28, 1984; effective November 13, 1984. Amendment filed April 30, 1987; effective July 29, 1987. Amendment filed November 3, 1989; effective February 28, 1990. Amendment filed April 23, 1993; effective July 28, 1993. Amendment filed August 8, 1995; effective December 29, 1995. Amendment filed July 3, 1996; effective November 28, 1996. Amendment filed November 26, 1997; effective March 30, 1998. Amendment filed February 18, 1999; effective June 28, 1999. Amendment filed February 28, 2000; effective June 28, 2000. Amendment filed August 29, 2000; effective December 29, 2000. Amendment filed January 11, 2002; effective May 31, 2002. Amendment filed August 11, 2004; effective December 29, 2004. Amendment filed June 28, 2005; effective October 28, 2005. Amendments filed September 20, 2007; effective January 28, 2008. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-03-.10 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: New rule filed August 28, 1984; effective November 13, 1984. Amendment filed April 30, 1987; effective July 29, 1987. Amendment filed April 23, 1993; effective July 28, 1993. Amendment filed August 8, 1995; effective December 29, 1995. Amendment filed July 3, 1996; effective November 28, 1996. Amendment filed August 29, 2000; effective December 29, 2000. Amendment filed August 11, 2004; effective December 29, 2004. Amendment filed September 20, 2007; effective January 28, 2008. Repeal filed August 10, 2011; effective January 29, 2012.

Chapter 0240-03-04 Repealed

Tenn. Comp. R. & Regs. 0240-03-04-.01 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed May 13, 1991; effective August 28, 1991. Amendment filed April 23, 1993; effective July 28, 1993. Amendment filed February 18, 1999; effective June 28, 1999. Amendment filed January 19, 2007; effective May 31, 2007. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-04-.02 REPEALED

History

• Authority: T.C.A. §§ 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, l983. Amendment filed April 30, 1987; effective July 29, 1987. Amendment filed May 13, 1991; effective August 28, 1991. Amendment filed May 18, 1994; effective September 28, 1994. Amendment filed July 3, 1996; effective November 28, 1996. Amendment filed November 20, 1996; effective March 28, 1997. Amendment filed November 26, 1997; effective March 30, 1998. Amendment filed February 18, 1999; effective June 28, 1999. Amendment filed February 28, 2000; effective June 28, 2000. Amendment filed January 11, 2002; effective May 31, 2002. Amendment filed October 8, 2003; effective February 27, 2004. Amendment filed January 16, 2007; effective May 31, 2007. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-04-.03 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed November 3, 1989; effective February 28, 1989. Amendment filed May 13, 1991; effective August 28, 1991. Amendment filed July 3, 1996; effective November 28, 1996. Amendment filed February 18, 1999; effective June 28, 1999. Amendment filed February 28, 2000; effective June 28, 2000. Amendment filed January 11, 2002; effective May 31, 2002. Amendment filed January 16, 2007; effective May 31, 2007. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-04-.04 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 31, 1983. Amendment filed July 29, 1986; effective October 29, 1986. Amendment filed August 29, 1988; effective October 29, 1988. Amendment filed November 3, 1989; effective February 28, 1990. Amendment filed May 13, 1991; effective August 28, 1991. Amendment filed April 23, 1993; effective July 28, 1993. Amendment filed May 18, 1994; effective September 28, 1994. Amendment filed November 26, 1997; effective March 30, 1998. Amendment filed February 18, 1999; effective June 28, 1999. Amendment filed August 29, 2000; effective December 29, 2000. Amendment filed January 11, 2002; effective May 31, 2002. Amendment filed September 6, 2002; effective January 28, 2003. Amendment filed October 8, 2003; effective February 27, 2004. Amendment filed January 16, 2007; effective May 31, 2007. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-04-.05 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Original rule filed May 13, 1991; effective August 28, 1991. Amendment filed July 3, 1996; effective November 28, 1996. Amendment filed August 29, 2000; effective December 29, 2000. Amendments filed June 28, 2005; effective October 28, 2005. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-04-.06 REPEALED

History

• Authority: T.C.A. §§ 49-8-203.
• Administrative History: New rule filed August 28, 1984; effective November 13, 1984. Amendment filed July 29, 1986; effective October 29, 1986. Amendment filed April 30, 1987; effective July 29, 1987. Amendment filed November 3, 1989; effective February 28, 1990. Amendment filed May 13, 1991; effective August 28, 1991. Amendment filed April 23, 1993; effective July 28, 1993. Amendment filed May 18, 1994; effective September 28, 1994. Amendment filed August 8, 1995; effective December 29, 1995. Amendment filed July 3, 1996; effective November 28, 1996. Amendment filed November 26, 1997; effective March 30, 1998. Amendment filed February 18, 1999; effective June 28, 1999. Amendment filed February 28, 2000; effective June 28, 2000. Amendment filed August 29, 2000; effective December 29, 2000. Amendment filed January 11, 2002; effective May 31, 2002. Amendment filed September 6, 2002; effective January 28, 2003. Amendment filed October 8, 2003; effective February 27, 2004. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-04-.07 REPEALED

History

• Authority: T.C.A. §§ 49-8-203.
• Administrative History: New rule filed August 28, 1984; effective November 13, 1984. Amendment, filed July 29, 1986; effective October 29, 1986. Amendment filed April 30, 1987; effective July 29, 1987. Amendment filed November 3, 1989; effective February 28, 1990. Amendment filed May 13, 1991; effective August 28, 1991. Amendment filed April 23, 1993; effective July 28, 1993. Amendment filed May 18, 1994; effective September 28, 1994. Amendment filed November 26, 1997; effective March 30, 1998. Amendment filed February 18, 1999; effective June 28, 1999. Amendment filed February 28, 2000; effective June 28, 2000. Amendment filed August 29, 2000; effective December 29, 2000. Amendment filed January 11, 2002; effective May 31, 2002. Amendment filed September 6, 2002; effective January 28, 2003. Amendment filed October 8, 2003; effective February 27, 2004. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-04-.08 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Original rule filed January 31, 1986; effective April 15, 1986. Repeal filed February 28, 2000; effective June 28, 2000.

Chapter 0240-03-05 Repealed

Tenn. Comp. R. & Regs. 0240-03-05-.01 REPEALED

History

• Authority: T.C.A. §49-8-203.
• Administrative History: Repeal of all rules by the Public Chapter 261; effective July 1, 1983. New rules filed April 28, 1983; effective July 13, 1983. Amendment filed October 29, 2009; effective March 31, 2010. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-05-.02 REPEALED

History

• Authority: T.C.A. §§ 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed July 14, 1992; effective October 28, 1992. Amendment filed July 3, 1996; effective November 28, 1996. Amendment filed November 20, 1996; effective March 28, 1997. Amendment filed November 26, 1997; effective March 30, 1998. Amendment filed February 18, 1999; effective June 28, 1999. Amendment filed January 11, 2002; effective May 31, 2002. Amendment filed January 16, 2007; effective May 31, 2007. Amendments filed October 29, 2009; effective March 31, 2010. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-05-.03 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed August 11, 2004; effective December 29, 2004. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-05-.04 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed November 3, 1989; effective February 28, 1990. Amendment filed May 13, 1991; effective August 28, 1991. Amendment filed July 14, 1992; effective October 28, 1992. Amendment filed October 29, 2009; effective March 31, 2010. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-05-.05 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed January 31, 1986; effective April 15, 1986. Amendment filed July 14, 1992; effective October 28, 1992. Amendment filed April 23, 1993; effective July 28, 1993. Amendment filed January 11, 2002; effective May 31, 2002. Amendments filed October 29, 2009; effective March 31, 2010. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-05-.06 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: New rule filed August 2, 1984; effective November 13, 1984. Amendment filed November 3, 1989; effective February 28, 1990. Amendment filed July 14, 1992; effective October 28, 1992. Amendment filed April 23, 1993; effective July 28, 1993. Amendment filed August 8, 1995; effective December 29, 1995. Amendment filed July 3, 1996; effective November 28, 1996. Amendment filed February 28, 2000; effective June 28, 2000. Amendment filed January 19, 2007; effective May 31, 2007. Amendments filed October 29, 2009; effective March 31, 2010. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-05-.07 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: New rule filed August 28, 1984; effective November 13, 1984. Amendment filed November 3, 1989; effective February 28, 1990. Amendment filed July 14, 1992; effective October 28, 1992. Amendment filed April 23, 1993; effective July 28, 1993. Amendment filed August 8, 1995; effective December 29, 1995. Amendment filed July 3, 1996; effective November 28, 1996. Amendment filed February 28, 2000; effective June 28, 2000. Amendment filed August 11, 2004; effective December 29, 2004. Amendment filed October 29, 2009; effective March 31, 2010. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-05-.08 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Original rule filed January 31, 1986; effective April 16, 1986. Repeal filed February 28, 2000; effective June 28, 2000.

Chapter 0240-03-06 Repealed

Tenn. Comp. R. & Regs. 0240-03-06-.01 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed July 14, 1992; effective October 28, 1992. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-06-.02 REPEALED

History

• Authority: T.C.A. §§ 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed November 3, 1989; effective February 28, 1990. Amendment filed July 3, 1996; effective November 28, 1996. Amendment filed November 20, 1996; effective March 28, 1997. Amendment filed November 26, 1997; effective March 30, 1998. Amendment filed February 18, 1999; effective June 28, 1999. Amendment filed February 28, 2000; effective June 28, 2000. Amendment filed January 11, 2002; effective May 31, 2002. Amendment filed August 11, 2004; effective December 29, 2004. Amendments filed October 29, 2009; effective March 31, 2010. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-06-.03 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed August 11, 2004; effective December 29, 2004. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-06-.04 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed November 3, 1989; effective February 28, 1990. Amendment filed April 23, 1993; effective July 28, 1993. Amendment filed July 3, 1996; effective November 28, 1996. Amendment filed February 28, 2000; effective June 28, 2000. Amendment filed August 11, 2004; effective December 29, 2004. Amendment filed October 29, 2009; effective March 31, 2010. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-06-.05 REPEALED

History

• Authority: T.C.A. §§ 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed November 3, 1989; effective February 28, 1990. Amendment filed July 14, 1992; effective October 28, 1992. Amendment filed April 23, 1993; effective July 28, 1993. Amendment filed May 18, 1994; effective -- 1 of 2 -- September 28, 1994. Amendment filed July 3, 1996; effective November 28, 1996. Amendment filed November 26, 1997; effective March 30, 1998. Amendment filed February 18, 1999; effective June 28, 1999. Amendment filed February 28, 2000; effective June 28, 2000. Amendment filed August 29, 2000; effective December 29, 2000. Amendment filed January 11, 2002; effective May 31, 2002. Amendment filed October 8, 2003; effective February 27, 2004. Amendment filed August 11, 2004; effective December 29, 2004. Amendments filed October 29, 2009; effective March 31, 2010. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-06-.06 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed November 3, 1989; effective February 28, 1990. Amendment filed February 18, 1999; effective June 28, 1999. Amendment filed February 28, 2000; effective June 28, 2000. Amendment filed August 29, 2000; effective December 29, 2000. Repeal filed August 10, 2011; effective January 12, 2012.

Tenn. Comp. R. & Regs. 0240-03-06-.07 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: New rule filed August 28, 1984; effective November 13, 1984. Amendment filed November 3, 1989; effective February 28, 1990. Amendment filed July 14, 1992; effective October 28, 1992. Amendment filed April 23, 1993; effective July 28, 1993. Amendment filed May 18, 1994; effective September 28, 1994. Amendment filed August 8, 1995; effective December 29, 1995. Amendment filed July 3, 1996; effective November 28, 1996. Amendment filed November 26, 1997; effective March 30, 1998. Amendment filed February 28, 2000; effective June 28, 2000. Amendment filed October 8, 2003; effective February 27, 2004. Amendment filed June 28, 2005; effective October 28, 2005. Amendment filed January 16, 2007; May 31, 2007. Amendments filed October 29, 2009; effective March 31, 2010. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-06-.08 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: New rule filed August 29, 1984; effective November l3, l984. Amendment filed November 3, 1989; effective February 28, 1990. Amendment filed July 14, 1992; effective October 28, 1992. Amendment filed April 23, 1993; effective July 28, 1993. Amendment filed May 18, 1994; effective September 28, 1994. Amended filed November 26, 1997; effective March 30, 1998. Amendment filed February 28, 2000; June 28, 2000. Amendment filed October 17, 2002; effective February 28, 2003. Amendment filed October 8, 2003; effective February 27, 2004. Amendment filed January 16, 2007; effective May 31, 2007. Amendments filed October 29, 2009; effective March 31, 2010. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-06-.09 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Original rule filed January 11, 2002; effective May 31, 2002. Repeal filed August 10, 2011; effective January 12, 2012. -- 2 of 2 --

Chapter 0240-03-07 Repealed

Tenn. Comp. R. & Regs. 0240-03-07-.01 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed February 18, 1999; effective June 28, 1999. Amendment filed February 28, 2000; effective June 28, 2000. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-07-.02 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed June 11, 1990; effective September 26, 1990. Repeal and new rule filed May 18, 1994; effective September 28, 1994. Amendment filed July 3, 1996; effective November 28, 1996. Amendment filed February 28, 2000; effective June 28, 2000. Amendment filed October 8, 2003; effective February 27, 2004. Amendments filed June 28, 2005; effective October 28, 2005. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-07-.03 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed November 3, 1989; effective February 28, 1990. Amendment filed July 14, 1992; effective October 28, 1992. Amendment filed April 23, 1993; effective July 28, 1993. Repeal and new rule filed May 18, 1994; effective September 28, 1994. Amendment filed July 3, 1996; effective November 28, 1996. Amendment filed February 28, 2000; effective June 28, 2000. Amendments filed June 28, 2005; effective October 28, 2005. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-07-.04 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed June 11, 1990; effective September 26, 1990. (Formerly rule 0240-03-07-.02) Amendment filed May 18, 1994; effective September 28, 1994. Amendment filed July 3, 1996; effective November 28, 1996. Amendment filed November 20, 1996; effective March 28, 1997. Amendment filed February 18, 1999; effective June 28, 1999. Amendment filed February 28, 2000; effective June 28, 2000. Amendment filed January 11, 2002; effective May 31, 2002. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-07-.05 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed November 3, 1989; effective February 28, 1990. Amendment filed July 14, 1992; effective October 28, 1992. Amendment filed April 23, 1993; effective July 28, 1993. (Formerly 0240-03-07-.03) Amendment filed May 18, 1994; effective September 28, 1994. Amendment filed July 3, 1996; effective November 28, 1996. Amendment filed February 28, 2000; effective June 28, 2000. Amendments filed June 28, 2005; effective October 28, 2005. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-07-.06 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. (Formerly 0240-03-07-.04) Amendment filed May 18, 1994; effective September 28, 1994. Amendment filed July 3, 1996; effective November 28, 1996. Amendment filed February 18, 1999; effective June 28, 1999. Amendment filled February 28, 2000; effective June 28, 2000. Amendment filed January 16, 2007; effective May 31, 2007. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-07-.07 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: New rule filed August 28, 1984; effective November 13, 1984. Amendment filed November 3, 1989; effective February 28, 1990. Amendment filed June 11, 1990; effective September 26, 1990. Amendment filed April 23, 1993; effective July 28, 1993. Amendment filed May 18, 1994; effective September 28, 1994. Amendment filled February 28, 2000; effective June 28, 2000. Amendment filed January 11, 2002; effective May 31, 2002. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-07-.08 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Original rule filed May 18,1 994; effective September 28, 1994. Amendment filed February 18, 1999; effective June 28, 1999. Repeal filed August 10, 2011; effective January 29, 2012. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-07-.09 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed November 3, 1989; effective February 28, 1990. Amendment filed June 11, 1990; effective September 26, 1990. Amendment filed April 23, 1993; effective July 28, 1993. (Formerly 0240-03-07-.06) Amendment filed May 18, 1994; effective September 28, 1994. Amendment filed July 3, 1996; effective November 28, 1996. Amendment filed February 28, 2000; effective June 28, 2000. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-07-.10 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: New rule filed August 28, 1984; effective November 13, 1984. Amendment filed November 3, 1989; effective February 28, 1990. Amendment filed June 11, 1990; effective September 26, 1990. Amendment filed April 23, 1993; effective July 28, 1993. (Formerly 0240-03-07-.07) Amendment filed May 18, 1994; effective September 28, 1994. Repeal filed August 10, 2011; effective January 29, 2012.

Chapter 0240-03-08 Repealed

Tenn. Comp. R. & Regs. 0240-03-08-.01 REPEALED

History

• Authority: T.C.A. §§ 49-7-123(a)(1) and 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-08-.02 REPEALED

History

• Authority: T.C.A. §§ 49-7-123(a)(1) and 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed July 3, 1996; effective November 28, 1996. Amendment filed November 20, 1996; effective March 28, 1997. Amendment filed November 26, 1997; effective March 30, 1998. Amendment filed February 18, 1999; effective June 28, 1999. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-08-.03 REPEALED

History

• Authority: T.C.A. §§ 49-7-123(a)(1) and 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-08-.04 REPEALED

History

• Authority: T.C.A. §§ 49-7-123(a)(1) and 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-08-.05 REPEALED

History

• Authority: T.C.A. §§ 49-7-123(a)(1) and 49-8-203.
• Administrative History: Repeal of all rules of Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed June 11, 1990; effective September 26, 1990. Amendment filed April 23, 1993; effective July 28, 1993. Amendment filed February 18, 1999; effective June 28, 1999. Amendment filed January 11, 2002; effective May 31, 2002. Amendment filed September 20, 2007; effective January 28, 2008. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-08-.06 REPEALED

History

• Authority: T.C.A. §§ 49-7-123(a)(1) and 49-8-203.
• Administrative History: New rule filed August 28, 1984; effective November 13, 1984. Amendment filed June 11, 1990; effective September 26, 1990. Amendment filed May 13, 1991; effective August 28, 1991. Amendment filed April 23, 1993; effective July 28, 1993. Amendment filed August 8, 1995; effective December 29, 1995. Amendment filed November 26, 1997; effective March 30, 1998. Amendment filed February 18, 1999; effective June 28, 1999. Amendment filed August 29, 2000; effective December 29, 2000. Amendment filed August 11, 2004; effective December 29, 2004. Amendments filed June 28, 2005; effective October 28, 2005. Amendments filed November 12, 2008; effective March 30, 2009. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-08-.07 REPEALED

History

• Authority: T.C.A. §§ 49-7-123(a)(1) and 49-8-203.
• Administrative History: New rule filed August 28, 1984; effective November 13, 1984. Amendment filed May 13, 1991; effective August 28, 1991. Amendment filed April 23, 1993; effective July 28, 1993. Amendment filed August 8, 1995; effective December 29, 1995. Amendment filed February 18, 1999; effective June 28, 1999. Amendment filed August 11, 2004; effective December 29, 2004. Amendment filed June 28, 2005; effective October 28, 2005. Amendment filed November 12, 2008; effective March 30, 2009. Repeal filed August 10, 2011; effective January, 29, 2012.

Chapter 0240-03-09 Repealed

Tenn. Comp. R. & Regs. 0240-03-09-.01 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261 effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed April 23, 1993; effective July 28, 1993. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-09-.02 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed November 3, 1989; effective February 28, 1990. Amendment filed April 23, 1993; effective July 28, 1993. Amendment filed July 5, 1996; effective November 28, 1996. Amendment filed November 20, 1996; effective March 28, 1997. Amendment filed November 26, 1997; effective March 30, 1998. Amendment filed February 18, 1999; effective June 28, 1999. Amendment filed February 28, 2000; effective June 28, 2000. Amendment filed October 17, 2002; effective February 28, 2003. Amendment filed August 11, 2004; effective December 29, 2004. Repeal filed August 10, 2011; effective January 29, 2012. 0240-03-09-03 REPEALED. Authority: T.C.A. § 49-8-203.

Tenn. Comp. R. & Regs. 0240-03-09-.04 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed April 23, 1993; effective July 28, 1993. Amendment filed February 28, 2000; effective June 28, 2000. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-09-.05 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed November 3, 1989; effective February 28, 1990. Amendment filed April 23, 1993; effective July 28, 1993. Amendment filed August 8, 1995; effective December 29, 1995. Amendment filed November 26, 1997; effective March 30, 1998. Amendment filed February 28, 2000; effective June 29, 2000. Amendment filed January 11, 2002; effective May 31, 2002. Amendment filed August 11, 2004; effective December 29, 2004. Repeal and new rule filed June 28, 2005; effective October 28, 2005. Repeal filed August 10, 2011; effective January 29, 2012. -- 1 of 2 --

Tenn. Comp. R. & Regs. 0240-03-09-.06 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed April 23, 1993; effective July 28, 1993. Amendment filed August 8, 1995; effective December 29, 1995. Amendment filed August 11, 2004; effective December 29, 2004. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-09-.07 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: New rule filed August 28, 1984; effective November 13, 1984. Amendment filed November 3, 1989; effective February 28, 1990. Amendment filed April 23, 1993; effective July 28, 1993. Amendment filed August 8, 1995; effective December 29, 1995. Amendment filed November 26, 1997; effective March 30, 1998. Amendment filed February 28, 2000; effective June 28, 2000. Amendment filed August 11, 2004; effective December 29, 2004. Amendment filed October 29, 2009; effective March 31, 2010. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-09-.08 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: New rule filed August 28, 1984; effective November 13, 1984. Amendment filed November 3, 1989; effective February 28, 1990. Amendment filed April 23, 1993; effective July 28, 1993. Repeal filed August 10, 2011; effective January 29, 2012. -- 2 of 2 --

Chapter 0240-03-10 Repealed

Tenn. Comp. R. & Regs. 0240-03-10-.01 REPEALED

History

• Authority: T.C.A. §§ 39-17-1309 and 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed July 14, 1992; effective October 28, 1992. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-10-.02 REPEALED

History

• Authority: T.C.A. § 39-17-1309 and 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed July 14, 1992; effective October 28, 1992. Amendment filed July 3, 1996; effective November 28, 1996. Amendment filed November 20, 1996; effective March 28, 1997. Amendment filed November 26, 1997; effective March 30, 1998. Amendment filed February 18, 1999; effective June 28, 1999. Amendment filed August 29, 2000; effective December 29, 2000. Amendments filed June 28, 2005; effective October 28, 2005. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-10-.03 REPEALED

History

• Authority: T.C.A. §§ 39-17-1309 and 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed July 14, 1992; effective October 28, 1992. Amendment filed November 26, 1997; effective March 30, 1998. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-10-.04 REPEALED

History

• Authority: T.C.A. §§ 39-17-1309 and 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed August 29, 2000; effective December 29, 2000. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-10-.05 REPEALED

History

• Authority: T.C.A. §§ 39-17-1309 and 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed November 3, 1989; effective February 28, 1990. Amendment filed July 14, 1992; effective October 28, 1992. Amendment filed April 23, 1983; effective July 28, 1993. Amendment filed November 26, 1997; effective March 30, 1998. Amendment filed February 18, 1999; effective June 28, 1999. Amendment filed August 29, 2000; effective December 29, 2000. Amendment filed January 11, 2002; effective May 31, 2002. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-10-.06 REPEALED

History

• Authority: T.C.A. §§ 39-17-1309 and 49-8-203.
• Administrative History: Original rule filed August 28, 1984; effective November 13, 1984. Amendment filed July 14, 1992; effective October 28, 1992. Amendment filed April 23, 1993; effective July 28, 1993. Amendment filed May 18, 1994; effective September 28, 1994. Amendment filed August 8, 1995; effective December 29, 1995. Amendment filed November 26, 1997; effective March 30, 1998. Amendment filed August 29, 2000; effective December 29, 2000. Amendments filed June 28, 2005; effective October 28, 2005. Amendments filed November 12, 2008; effective March 30, 2009. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-10-.07 REPEALED

History

• Authority: T.C.A. §§ 39-17-1309 and 49-8-203.
• Administrative History: Original rule filed August 28, 1984; effective November 13, 1984. Amendment filed November 3, 1989; effective February 28, 1990. Repeal filed August 10, 2011; effective January 29, 2012.

Chapter 0240-03-11 Repealed

Tenn. Comp. R. & Regs. 0240-03-11-.01 REPEALED

History

• Authority: T.C.A. §§ 49-7-123(a)(1) and 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-11-.02 REPEALED

History

• Authority: T.C.A. §§ 49-7-123(a)(1) and 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed July 3, 1996; effective November 28, 1996. Amendment filed November 20, 1996; effective March 28, 1997. Amendment filed November 26, 1997; effective March 30, 1998. Amendment filed February 18, 1999; effective June 28, 1999. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-11-.03 REPEALED

History

• Authority: T.C.A. §§ 49-7-123(a)(1) and 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-11-.04 REPEALED

History

• Authority: T.C.A. §§ 49-7-123(a)(1) and 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed August 11, 2004; effective December 29, 2004. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-11-.05 REPEALED

History

• Authority: T.C.A. §§ 49-7-123(a)(1) and 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed May 18, 1994; effective September 28, 1994. Amendment filed November 26, 1997; effective March 30, 1998. Amendment filed January 11, 2002; effective May 31, 2002. Repeal and new rule 0240-03-11-.05 filed August 11, 2004; effective December 29, 2004. Amendments filed June 28, 2005; effective October 28, 2005. Amendment filed January 16, 2007; effective May 31, 2006. Amendments filed September 20, 2007; effective January 28, 2008. Amendments filed October 29, 2009; effective March 31, 2010. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-11-.06 REPEALED

History

• Authority: T.C.A. §§ 49-7-123(a)(1) and 49-8-203.
• Administrative History: New rule filed August 28, 1984; effective November 13, 1984. Amendment filed November 3, 1989; effective February 28, 1990. Amendment filed June 11, 1990; effective September 26, 1990. Amendment filed April 23, 1993; effective July 28, 1993. Amendment filed May 18, 1994; effective September 28, 1994. Amendment filed August 8, 1995; effective September 29, 1995. Repeal and new rule 0240-03-11-.06 filed August 11, 2004; effective December 29, 2004. Amendments filed June 28, 2005; effective October 28, 2005. Amendments filed January 16, 2007; effective May 31, 2007. Amendment filed October 29, 2009; effective March 31, 2010. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-11-.07 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: New rule filed August 28, 1984; effective November 13, 1984. Amendment filed November 3, 1989; effective February 28, 1990. Repeal filed January 16, 2007; effective May 31, 2007.

Chapter 0240-03-12 Repealed

Tenn. Comp. R. & Regs. 0240-03-12-.01 REPEALED

History

• Authority: T.C.A. §§ 49-7-123(a)(1) and 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed September 20, 2007; effective January 28, 2008. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-12-.02 REPEALED

History

• Authority: T.C.A. §§ 49-7-123(a)(1) and 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed November 3, 1989; effective February 28, 1990. Amendment filed July 3, 1996; effective November 28, 1996. Amendment filed November 20, 1996; effective March 28, 1997. Amendment filed November 26, 1997; effective March 30, 1998. Amendment filed February 18, 1999; effective June 28, 1999. Amendment filed January 11, 2002; effective May 31, 2002. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-12-.03 REPEALED

History

• Authority: T.C.A. §§ 49-7-123(a)(1) and 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed September 20, 2007; effective January 28, 2008. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-12-.04 REPEALED

History

• Authority: T.C.A. §§ 49-7-123(a)(1) and 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule file April 28, 1983; effective July 13, 1983. Amendment filed April 23, 1993; effective July 28, 1993. Amendment filed January 11, 2002; effective May 31, 2002. Amendment filed November 12, 2008; effective March 30, 2009. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-12-.05 REPEALED

History

• Authority: T.C.A. §§ 49-7-123(a)(1) and 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, l983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed November 3, 1989; effective February 28, 1990. Amendment filed April 23, 1993; effective July 28, 1993. Amendment filed May 18, 1994; effective September 28, 1994. Amendment filed -- 1 of 2 -- November 26, 1997; effective March 30, 1998. Amendment filed January 11, 2002; effective May 31, 2002. Amendment filed June 28, 2005; effective October 28, 2005. Amendment filed September 20, 2007; effective January 28, 2008. Amendments filed November 12, 2008; effective March 30, 2009. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-12-.06 REPEALED

History

• Authority: T.C.A. §§ 49-7-123(a)(1) and 49-8-203.
• Administrative History: New rule filed August 28, 1984; effective November 13, 1984. Amendment filed November 3, 1989; effective February 28, 1990. Amendment filed June 11, 1990; effective September 26, 1990. Amendment filed May 21, 1991; effective August 28, 1991. Amendment filed April 23, 1993; effective July 28, 1993. Amendment filed May 18, 1994; effective September 28, 1994. Amendment filed July 3, 1996; effective November 28, 1996. Amendment filed February 18, 1999; effective June 28, 1999. Amendment filed October 17, 2002; effective February 28, 2003. Amendment filed November 12, 2008; effective March 30, 2009. Amendment filed October 29, 2009; effective March 31, 2010. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-12-.07 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: New rule filed August 28, 1984; effective November 13, 1984. Repeal filed November 3, l989; effective February 28, 1990. -- 2 of 2 --

Chapter 0240-03-13 Repealed

Tenn. Comp. R. & Regs. 0240-03-13-.01 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed July 14, 1992; effective October 28, 1992. Amendment filed May 18, 1994; effective September 28, 1994. Amendment filed August 8, 1995; effective December 29, 1995. Amendment filed January 16, 2007; effective May 31, 2007. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-13-.02 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Repeal of all Rules by Pubic Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed August 8, 1995; effective December 29, 1995. Amendment filed July 3, 1996; effective November 28, 1996. Amendment filed November 20, 1996; effective March 28, 1997. Amendment filed November 26, 1997; effective March 30, 1998. Amendment filed February 18, 1999; effective June 28, 1999. Amendment filed January 11, 2002; effective May 31, 2002. Amendment filed October 8, 2003; effective February 27, 2004. Amendment filed August 11, 2004; effective December 29, 2004. Amendment filed January 16, 2007; effective May 31, 2007. Amendments filed October 29, 2009; effective March 31, 2010. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-13-.03 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed May 18, 1994; effective September 28, 1994. Amendment filed October 8, 2003; effective February 27, 2004. Amendment filed January 16, 2007; effective May 31, 2007. Amendment filed October 29, 2009; effective March 31, 2010. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-13-.04 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed July 14, 1992; effective October 28, 1992. Amendment filed November 26, 1997; effective March 30, 1998. Amendment filed January 11, 2002; effective May 31, 2002. Amendment filed October 8, 2003; effective February 27, 2004. Amendment filed January 16, 2007; effective May 31, 2007. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-13-.05 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Repeal of rule by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed November 3, 1989; effective February 28, 1990. Amendment filed April 23, 1993; effective July 28, 1993. Amendment filed May 19, 1994; effective September 28, 1994. Amendment filed August 8, 1995; effective December 29, 1995. Amendment filed November 26, 1997; effective March 30, 1998. Amendment filed January 11, 2002; effective May 31, 2002. Amendment filed October 8, 2003; effective February 27, 2004. Amendment filed June 28, 2005; effective October 28, 2005. Amendment filed January 16, 2007; effective May 31, 2007. Amendment filed September 20, 2007; effective January 28, 2008. Amendments filed October 29, 2009; effective March 31, 2010. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-13-.06 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: New rule filed August 28, 1984; effective November 13, 1984. Amendment filed November 3, 1989; effective February 28, 1990. Amendment filed April 23, 1993; effective July 28, 1993. Amendment filed May 18, 1994; effective September 28, 1994. Amendment filed August 8, 1995; effective December 29, 1995. Amendment filed November 26, 1997; effective March 30, 1998. Amendment filed October 8, 2003; effective February 27, 2004. Amendment filed August 11, 2004; effective December 29, 2004. Amendment filed January 16, 2007; effective May 31, 2007. Amendments filed September 20, 2007; effective January 28, 2008. Amendments filed November 12, 2008; effective March 30, 2009. Amendments filed October 29, 2009; effective March 31, 2010. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-13-.07 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: New rule filed August 28, 1984; effective November 13, 1984. Amendment filed November 3, 1989; effective February 28, 1990. Amendment filed July 14, 1992; effective October 28, 1992. Amendment filed April 23, 1993; effective July 28, 1993. Amendment filed May 18, 1994; effective September 28, 1994. Amendment filed August 8, 1995; effective December 29, 1995. Amendment filed August 11, 2004; effective December 29, 2004. Amendment filed January 16, 2007; effective May 31, 2007. Repeal filed September 20, 2007; effective January 28, 2008.

Chapter 0240-03-14 Repealed

Tenn. Comp. R. & Regs. 0240-03-14-.01 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed April 23, 1993; effective July 28, 1993. Repeal and new rule filed August 29, 2000; effective December 29, 2000. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-14-.02 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed July 3, 1996; effective November 28, 1996. Amendment filed November 20, 1996; effective March 28, 1997. Amendment filed November 26, 1997; effective March 30, 1998. Amendment filed February 18, 1999; effective June 28, 1999. Repeal and new rule filed August 29, 2000; effective December 29, 2000. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-14-.03 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule file April 28, 1983; effective July 13, 1983. Repeal and new rule filed August 29, 2000; effective December 29, 2000. Amendment filed January 11, 2002; effective May 31, 2002. Amendment filed October 8, 2003; effective February 27, 2004. Amendments filed June 28, 2005; effective October 28, 2005. Amendment filed January 16, 2007; effective May 31, 2007. Amendments filed September 20, 2007; effective January 28, 2008. Amendments filed October 29, 2009; effective March 31, 2010. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-14-.04 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Repeal and new rule filed August 29, 2000; effective December 29, 2000. Amendment filed January 11, 2002; effective May 31, 2002. Amendment filed October 8, 2003; effective February 27, 2004. Amendment filed January 16, 2007; effective May 31, 2007. Amendments filed October 29, 2009; effective March 31, 2010. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-14-.05 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed April 23, 1993; effective July 28, 1993. Amendment filed November 26, 1997; effective March 30, 1998. Amendment filed February 18, 1999; effective June 28, 1999. Amendment filed February 28, 2000; effective June 28, 2000. Repeal and new rule filed August 29, 2000; effective December 29, 2000. Amendment filed January 11, 2002; effective May 31, 2002. Amendment filed January 16, 2007; effective May 31, 2007. Amendments filed October 29, 2009; effective March 31, 2010. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-14-.06 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: New rule filed August 28, 1984; effective November 13, 1984. Amendment filed June 11, 1990; effective September 26, 1990. Amendment filed April 23, 1993; effective July 28, 1993. Amendment filed May 18, 1994; effective September 28, 1994. Amendment filed August 8, 1995; effective December 29, 1995. Amendment filed July 3, 1996; effective November 28, 1996. Amendment filed November 26, 1997; effective March 30, 1998. Amendment filed February 28, 2000; effective June 28, 2000. Repeal and new rule filed August 29, 2000; effective December 29, 2000. Amendment filed January 11, 2002; effective May 31, 2002. Amendment filed October 8, 2003; effective February 27, 2004. Amendments filed June 28, 2005; effective October 28, 2005. Amendment filed January 16, 2007; effective May 31, 2007. Amendments filed September 20, 2007; effective January 28, 2008. Amendments filed October 29, 2009; effective March 31, 2010. Repeal filed August 2011; effective January 29, 2012.

Chapter 0240-03-15 Repealed

Tenn. Comp. R. & Regs. 0240-03-15-.01 REPEALED

History

• Authority: T.C.A. §§ 49-7-123(a)(1) and 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed July 14, 1992; effective October 28, 1992. Amendments filed October 29, 2009; effective March 31, 2010. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-15-.02 REPEALED

History

• Authority: T.C.A. §§ 49-7-123(a)(1) and 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed November 3, 1989; effective February 28, 1990. Amendment filed July 3, 1996; effective November 28, 1996. Amendment filed November 20, 1996; effective March 28, 1997. Amendment filed November 26, 1997; effective March 30, 1998. Amendment filed February 18, 1999; effective June 28, 1999. Amendment filed January 11, 2002; effective May 31, 2002. Amendment filed August 11, 2004; effective December 29, 2004. Amendments filed June 28, 2005; effective October 28, 2005. Amendments filed October 29, 2009; effective March 31, 2010. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-15-.03 REPEALED

History

• Authority: T.C.A. §§ 49-7-123(a)(1) and 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed August 11, 2004; effective December 29, 2004. Amendment filed June 28, 2005; effective October 28, 2005. Amendment filed October 29, 2009; effective March 31, 2010. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-15-.04 REPEALED

History

• Authority: T.C.A. §§ 49-7-123(a)(1) and 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed January 11, 2002; effective May 31, 2002. Amendment filed August 11, 2004; effective December 29, 2004. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-15-.05 REPEALED

History

• Authority: T.C.A. §§ 49-7-123(a)(1) and 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed November 3, 1989; effective February 28, 1990. Amendment filed July 14, 1992; -- 1 of 2 -effective October 28, 1992. Amendment filed April 23, 1993; effective July 28, 1993. Amendment filed May 18, 1994; effective September 28, 1994. Amendment filed November 26, 1997; effective March 30, 1998. Amendment filed January 11, 2002; effective May 31, 2002. Amendments filed September 20, 2007; effective January 28, 2008. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-15-.06 REPEALED

History

• Authority: T.C.A. §§ 49-7-123(a)(1) and 49-8-203.
• Administrative History: New rule filed August 28, 1984; effective November 13, 1984. Amendment filed November 3, 1989; effective February 28, 1990. Amendment filed June 11, 1990; effective September 26, 1990. Amendment filed July 14, 1992; effective October 28, 1992. Amendment filed April 23, 1993; effective July 28, 1993. Amendment filed May 18, 1994; effective September 28, 1994. Amendment filed August 8, 1995; effective December 29, 1995. Amendment filed November 26, 1997; effective March 30, 1998. Amendment filed January 11, 2002; effective May 31, 2002. Amendment filed August 11, 2004; effective December 29, 2004. Amendment filed January 16, 2007; effective May 31, 2007. Amendments filed September 20, 2007; effective January 28, 2008. Amendments filed November 12, 2008; effective March 30, 2009. Amendments filed October 29, 2009; effective March 31, 2010. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-15-.07 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: New rule filed August 28, 1984; effective November 13, 1984. Amendment filed January 31, 1986; effective April 15, 1986. Amendment filed July 29, 1986; effective October 29, 1986. Repeal filed November 3, 1989; effective February 28, 1990. -- 2 of 2 --

Chapter 0240-03-16 Repealed

Tenn. Comp. R. & Regs. 0240-03-16-.01 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed April 23, 1993; effective July 28, 1993. Amendment filed July 3, 1996; effective November 28, 1996. Amendment filed January 11, 2002; effective May 31, 2002. Amendment filed October 8, 2003; effective February 27, 2004. Repeal filed August 10, 2011; effective January 29, 2012

Tenn. Comp. R. & Regs. 0240-03-16-.02 GENERAL OFFENSES

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13,1983. Amendment filed April 23, 1993; effective July 28, 1993. Amendment filed July 3, 1996; effective November 28, 1996. Amendment filed November 20, 1996; effective March 28, 1997. Amendment filed November 26, 1997; effective March 30, 1998 Amendment filed February 18, 1999; effective June 28, 1999. Amendment filed August 29, 2000; effective December 29, 2000. Amendment filed January 11, 2002; effective May 31, 2002. Amendment filed October 8, 2003; effective February 27, 2004. Amendment filed August 11, 2004; effective December 29, 2004. Amendment filed January 16, 2007; effective May 31, 2007. Amendment filed September 20, 2007; effective January 28, 2008. Amendment filed November 12, 2008; effective March 30, 2009. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-16-.03 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Repeal of an rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed August 29, 2000; effective December 29, 2000. Amendment filed October 8, 2003; effective February 27, 2004. Amendment filed January 16, 2007; effective May 31, 2007. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-16-.04 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed February 28, 2000; effective June 28, 2000. Amendment filed January 11, 2002; effective May 31, 2002. Amendment filed October 8, 2003; effective February 27, 2004.

Tenn. Comp. R. & Regs. 0240-03-16-.05 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed April 23, 1993; effective July 28, 1993. Amendment filed July 3, 1996; effective November 28, 1996. Amendment filed November 26, 1997; effective March 30, 1998. Amendment filed February 28, 2000; effective June 28, 2000. Amendment filed January 11, 2002; effective May 31, 2002. Amendment filed October 8, 2003; effective February 27, 2004. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-16-.06 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: New rule filed August 28, 1984; effective November 13, 1984. Amendment filed April 23, 1993; effective July 28, 1993. Amendment filed August 8, 1995; effective December 29, 1995. Amendment filed July 3, 1996; effective November 28, 1996. Amendment filed February 18, 1999; effective June 28, 1999. Amendment filed February 28, 2000; effective June 28, 2000. Amendment filed August 29, 2000; effective December 29, 2000. Amendment filed October 8, 2003; effective February 27, 2004. Amendment filed August 11, 2004; effective December 29, 2004. Amendments filed June 28, 2005; effective October 28, 2005. Amendment filed January 16, 2007; effective May 31, 2007. Amendments filed September 20, 2007; effective January 28, 2008. Amendment filed November 12, 2008; effective March 30, 2009. Amendments filed October 29, 2009; effective March 31, 2010. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-16-.07 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: New rule filed August 28, 1984; effective November 13, 1984. Amendment filed April 23, 1993; effective July 28, 1993. Amendment filed July 3, 1996; effective November 28, 1996. Amendment filed February 28, 2000; effective June 28, 2000. Amendment filed August 29, 2000; effective December 29, 2000. Amendment filed October 8, 2003; effective February 27, 2004. Amendment filed August 11, 2004; effective December 29, 2004. Amendment filed January 16, 2007; effective May 31, 2007. Amendments filed September 20, 2007; effective January 28, 2008. Amendments filed October 29, 2009; effective March 31, 2010. Repeal filed August 10, 2011; effective January 29, 2012.

Chapter 0240-03-17 Repealed

Tenn. Comp. R. & Regs. 0240-03-17-.01 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Original rule filed August 28, 1984; effective November 13, 1984. Amendment filed October 8, 2003; effective February 27, 2004. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-17-.02 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Original rule filed August 28, 1984; effective November 13, 1984. Amendment filed July 3, 1996; effective November 28, 1996. Amendment filed November 20, 1996; effective March 28, 1997. Amendment filed November 26, 1997; effective March 30, 1998. Amendment filed February 18, 1999; effective June 28, 1999. Amendment filed January 11, 2002; effective May 31, 2002. Amendment filed October 8, 2003; effective February 27, 2004. Amendment filed August 11, 2004; effective December 29, 2004. Amendment filed October 29, 2009; effective March 31, 2010. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-17-.03 REPEALED

History

• Authority: T.C.A. § 49-88-203.
• Administrative History: Original rule filed August 28, 1984; effective November 13, 1984. Amendment filed May 18, 1994; effective September 28, 1994. Amendment filed July 3, 1996; effective November 28, 1996. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-17-.04 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Original rule filed August 28, 1984; effective November 13, 1984. Amendment filed January 11, 2002; effective May 31, 2002. Amendment filed October 8, 2003; effective February 27, 2004. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-17-.05 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Original ruled filed August 28, 1984; effective November 3, 1984. Amendment filed November 3, 1989; effective February 28, 1990. Amendment filed April 23, 1993; effective July 28, 1993. Amendment filed November 26, 1997; effective March 30, 1998. Amendment filed January 11, 2002; effective May 31, 2002. Amendment filed October 8, 2003; effective February 27, 2004. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-17-.06 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Original rule filed August 28, 1984; effective November 13, 1984. Amendment filed November 3, 1989; effective February 28, 1990. Amendment filed July 14, 1992; effective October 28, 1992. Amendment filed April 23, 1993; effective July 28, 1993. Amendment filed May 18, 1994; effective September 28, 1994. Amendment filed August 8, 1995; effective December 29, 1995. Amendment filed July 3, 1996; effective November 28, 1996. Amendment filed November 26, 1997; effective March 30, 1998. Amendment filed February 18, 1999; effective June 28, 1999. Amendment filed February 28, 2000; effective June 28, 2000. Amendment filed October 17, 2002; effective February 28, 2003. Amendment filed October 8, 2003; effective February 27, 2004. Amendment filed August 11, 2004; effective December 29, 2004. Amendments filed November 12, 2008; effective March 30, 2009. Amendments filed October 29, 2009; effective March 31, 2010. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-17-.07 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Original rule filed August 28, 1984; effective November 13, 1984. Amendment filed November 3, 1989; effective February 28, 1990. Amendment filed July 14, 1992; effective October 28, 1992. Amendment filed May 18, 1994; effective September 28, 1994. Amendment filed August 8, 1995; effective December 29, 1995. Amendment filed July 3, 1996; effective November 28, 1996. Amendment filed February 28, 2000; effective June 28, 2000. Amendment filed October 8, 2003; effective February 27, 2004. Amendment filed August 11, 2004; effective December 29, 2004. Amendments filed November 12, 2008; effective March 30, 2009. Amendments filed October 29, 2009; effective March 31, 2010. Repeal filed August 10, 2011; effective January 29, 2012.

Chapter 0240-03-18 Repealed

Tenn. Comp. R. & Regs. 0240-03-18-.01 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Original rule filed August 28, 1984; effective November 13, 1984. Amendment filed November 3, 1989; effective February 28, 1990. Amendment filed February 18, 1999; effective June 28, 1999. Amendment filed February 28, 2000; effective June 28, 2000. Amendment filed August 11, 2004; effective December 29, 2004. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-18-.02 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Original rule filed August 28, 1984; effective November 13, 1984. Amendment filed November 3, 1989; effective February 28, 1990. Amendment filed July 14, 1992; effective October 28, 1992. Amendment filed April 23, 1993; effective July 28, 1993. Amendment filed July 3, 1996; effective November 28, 1996. Amendment filed November 20, 1996; effective March 28, 1997. Amendment filed November 26, 1997; effective March 30, 1998. Amendment filed February 18, 1999; effective June 28, 1999. Amendment filed February 28, 2000; effective June 28, 2000. Amendment filed October 8, 2003; effective February 27, 2004. Amendment filed August 11, 2004; effective December 29, 2004. Amendment filed June 28, 2005; effective October 28, 2005. Amendment filed November 12, 2008; effective March 30, 2009. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-18-.03 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Original rule filed August 28, 1984; effective November 13, 1984. Amendment filed November 3, 1989; effective February 28, 1990. Amendment filed February 28, 2000; effective June 28, 2000. Amendment filed October 8, 2003; effective February 27, 2004. Amendment filed August 11, 2004; effective December 29, 2004. Amendments filed June 28, 2005; effective October 28, 2005. Amendment filed January 16, 2007; effective May 31, 2007. Amendments filed November 12, 2008; effective March 30, 2009. Amendments filed October 29, 2009; effective March 31, 2010. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-18-.04 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Original rule filed August 28, 1984; effective November 13, 1984. Amendment filed November 3, 1989; effective February 28, 1990. Amendment filed July 14, 1992; effective October 28, 1992. Amendment filed April 23, 1993; effective July 28, 1993. Amendment filed February 18, 1999; effective June 28, 1999. Amendment filed February 28, 2000; effective June 28, 2000. Amendment filed August 29, 2000; effective December 29, 2000. Amendment filed October 8, 2003; effective February 27, 2004. Amendment filed August 11, 2004; effective December 29, 2004. Amendments filed June 28, 2005; effective October 28, 2005. Amendment filed -- 1 of 2 -- January 16, 2007; effective May 31, 2007. Amendments filed September 20, 2007; effective January 28, 2008. Amendments filed November 12, 2008; effective March 30, 2009. Amendments filed October 29, 2009; effective March 31, 2010. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-18-.05 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Original rule filed August 28, 1984; effective November 13, 1984. Amendment filed November 3, 1989; effective February 28, 1990. Amendment filed July 14, 1992; effective October 28, 1992. Amendment filed May 18, 1994; effective September 28, 1994. Amendment filed July 3, 1996; effective November 28, 1996. Amendment filed November 26, 1997; effective March 30, 1998. Amendment filed February 18, 1999; effective June 28, 1999. Amendment filed February 28, 2000; effective June 28, 2000. Amendment filed August 29, 2000; effective December 29, 2000. Amendment filed January 11, 2002; effective May 31, 2002. Amendment filed October 8, 2003; effective February 27, 2004. Amendment filed August 11, 2004; effective December 29, 2004. Amendments filed June 28, 2005; effective October 28, 2005. Amendment filed January 16, 2007; effective May 31, 2007. Amendments filed September 20, 2007; effective January 28, 2008. Amendments filed November 12, 2008; effective March 30, 2009. Amendments filed October 29, 2009; effective March 31, 2010. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-18-.06 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Original rule filed August 28, 1984; effective November 13, 1984. Amendment filed November 3, 1989; effective February 28, 1990. Amendment filed July 14, 1992; effective October 28, 1992. Amendment filed April 23, 1993; effective July 28, 1993. Amendment filed August 8, 1995; effective December 29, 1995. Amendment filed July 3, 1996; effective November 28, 1996. Amendment filed February 18, 1999; effective June 28, 1999. Amendment filed February 28, 2000; effective June 28, 2000. Amendment filed August 29, 2000; effective December 29, 2000. Amendment filed January 11, 2002; effective May 31, 2002. Amendment filed October 17, 2002; effective February 28, 2003. Amendment filed October 8, 2003; effective February 27, 2004. Amendment filed August 11, 2004; effective December 29, 2004. Amendments filed June 28, 2005; effective October 28, 2005. Amendment filed January 16, 2007; effective May 31, 2007. Amendments filed September 20, 2007; effective January 28, 2008. Amendments filed November 12, 2008; effective March 30, 2009. Amendments filed October 29, 2009; effective March 31, 2010. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-18-.07 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Original rule filed August 28, 1984; effective November 13, 1984. Repeal filed November 3, 1989; effective February 28, 1990.

Tenn. Comp. R. & Regs. 0240-03-18-.08 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Original rule filed July 14, 1992; effective October 28, 1992. Amendment filed February 18, 1999; effective June 28, 1999. Amendment filed February 28, 2000; effective June 28, 2000. Amendment filed August 29, 2000; effective December 29, 2000. Amendment filed October 17, 2002; effective February 28, 2003. Amendment filed October 8, 2003; effective February 27, 2004. Amendment filed August 11, 2004; effective December 29, 2004. Amendment filed September 20, 2007; effective January 28, 2008. Repeal filed August 10, 2011; effective January 29, 2012. -- 2 of 2 --

Chapter 0240-03-19 Repealed

Tenn. Comp. R. & Regs. 0240-03-19 Repealed

RULES

OF THE BOARD OF REGENTS

OF THE

STATE UNIVERSITY AND COMMUNITY COLLEGE SYSTEM OF TENNESSEE

Authority: T.C.A. §49-8-203. Administrative History: Original rule filed August 28, 1984; effective November 13, 1984. Repeal filed August 29, 2000; effective December 29, 2000. -- 1 of 1 --

Chapter 0240-03-20 Repealed

Tenn. Comp. R. & Regs. 0240-03-20-.01 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Original rules first filed August 28, 1984; effective November 13, 1984. Amendment filed April 23, 1993; effective July 28, 1993. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-20-.02 REPEALED

History

• Authority: T.C.A. §§ 49-8-203.
• Administrative History: Original rule filed August 18, 1984; effective November 13, 1984. Amendment filed April 23, 1993; effective July 28, 1993. Amendment filed July 3, 1996; effective November 28, 1996. Amendment filed November 20, 1996; effective March 28, 1997. Amendment filed November 26, 1997; effective March 30, 1998. Amendment filed February 18, 1999; effective June 28, 1999. Amendment filed January 11, 2002; effective May 31, 2002. Amendment filed June 28, 2005; effective October 28, 2005. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-20-.03 REPEALED

History

• Authority: T.C.A. §49-8-203.
• Administrative History: Original rule filed August 28, 1984; effective November 13, 1984. Amendment filed June 28, 2005; effective October 28, 2005. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-20-.04 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Original rule filed August 28, 1984; effective November 13, 1984. Amendment filed April 23, 1993; effective July 28, 1993. Amendment filed January 11, 2002; effective May 31, 2002. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-20-.05 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Original rule filed August 28, 1984; effective November 13, 1984. Amendment filed April 23, 1993; effective July 28, 1993. Amendment filed November 26, 1997; effective March 30, 1998. Amendment filed January 11, 2002; effective May 31, 2002. Amendment filed October 17, 2002; effective February 28, 2003. Amendment filed June 28, 2005; effective October 28, 2005. Amendments filed November 12, 2008; effective March 30, 2009. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-20-.06 REPEALED

History

• Authority: T.C.A. §49-8-203.
• Administrative History: Original rule filed August 28, 1984; effective November 13, 1984. Amendment filed November 3, 1989; effective February 28, 1990. Amendment filed -- 1 of 2 -- April 23, 1993; effective July 28, 1993. Amendment filed May 18, 1994; effective September 28, 1994. Amendment filed February 28, 2000; effective June 28, 2000. Amendment filed August 29, 2000; effective December 29, 2000. Amendment filed October 17, 2002; effective February 28, 2003. Amendment filed August 11, 2004; effective December 29, 2004. Amendment filed January 16, 2007; effective May 31, 2007. Amendments filed September 20, 2007; effective January 28, 2008. Amendment filed October 29, 2009; effective March 31, 2010. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-20-.07 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Original rule filed August 28, 1984; effective November 13, 1984. Amendment filed April 23, 1993; effective July 28, 1993. Amendment filed August 11, 2004; effective December 29, 2004. Amendment filed January 16, 2007; effective May 31, 2007. Repeal filed August 10, 2011; effective January 29, 2012. -- 2 of 2 --

Chapter 0240-03-21 Repealed

Tenn. Comp. R. & Regs. 0240-03-21-.01 REPEALED

History

• Authority: T.C.A §§ 49-7-123(a)(1) and 49-8-203.
• Administrative History: Original rule filed July 29, 1986; effective October 39, 1986. Amendment filed November 26, 1997; effective March 30, 1998. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-21-.02 REPEALED

History

• Authority: T.C.A. §§ 49-7-123(a)(1) and 49-8-203.
• Administrative History: Original rule filed July 29, 1986; effective October 29, 1986. Amendment filed July 3, 1996; effective November 28, 1996. Amendment filed November 20, 1996; effective March 28, 1997. Amendment filed November 26, 1997; effective March 30, 1998. Amendment filed February 18, 1999; effective June 28, 1999. Amendments filed September 20, 2007; effective January 28, 2008. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-21-.03 REPEALED

History

• Authority: T.C.A. §§ 49-7-123(a)(1) and 49-8-203.
• Administrative History: Original rule filed July 29, 1986; effective October 29, 1986. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-21-.04 REPEALED

History

• Authority: T.C.A. §§ 49-7-123(a)(1) and 49-8-203.
• Administrative History: Original rule filed July 29, 1986; effective October 29, 1986. Amendment filed November 26, 1997; effective March 30, 1998. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-21-.05 REPEALED

History

• Authority: T.C.A. §§ 49-7-123(a)(1) and 49-8-203.
• Administrative History: Original rule filed July 29, 1986; effective October 29, 1986. Amendment filed November 3, 1989; effective February 28, 1990. Amendment filed April 23, 1993; effective July 28, 1993. Amendment filed January 11, 2002; effective May 31, 2002. Amendment filed June 28, 2005; effective October 28, 2005. Amendment filed September 20, 2007; effective January 28, 2008. Amendments filed November 12, 2008; effective March 30, 2009. Repeal filed August 10, 2011; effective January 29, 2012.

Tenn. Comp. R. & Regs. 0240-03-21-.06 REPEALED

History

• Authority: T.C.A. §§ 49-7-123(a)(1) and 49-8-203.
• Administrative History: Original rule filed July 29, 1986; effective October 29, 1986. Amendment filed April 23, 1993; effective July 28, 1993. Amendment -- 1 of 2 -filed November 26, 1997; effective March 30, 1998. Amendments filed September 20, 2007; effective January 28, 2008. Amendments filed October 29, 2009; effective March 31, 2010. Repeal filed August 10, 2011; effective January 29, 2011. -- 2 of 2 --

Chapter 0240-04-01 Repealed

Tenn. Comp. R. & Regs. 0240-04-01-.01 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed January 31, 1986; effective April 15, 1986. Amendment filed April 30, 1987; effective July 29, 1987. Amendment filed July 29, 1988; effective October 29, 1988. Amendment filed June 11, 1990; effective September 26, 1990. Amendment filed May 13, 1991; effective August 28, 1991. Amendment filed October 8, 2003; effective February 27, 2004. Repeal filed June 13, 2014; effective November 28, 2014.

Tenn. Comp. R. & Regs. 0240-04-01-.02 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rules filed April 28, 1983; effective July 13, 1983. Amendment filed July 29, 1986; effective October 29, 1986. Amendment filed July 29, 1988; effective October 29, 1988. Amendment filed June 11, 1990; effective September 26, 1990. Amendment filed October 8, 2003; effective February 27, 2004. Amendment filed August 11, 2004; effective December 29, 2004. Repeal filed June 13, 2014; effective November 28, 2014.

Tenn. Comp. R. & Regs. 0240-04-01-.03 REPEALED

History

• Authority: T.C.A. § 49-8- 203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed July 29, 1986; effective October 29, 1986. Amendment filed July 29, 1988; effective October 29, 1988. Amendment filed June 11, 1990; effective September 26, 1990. Amendment filed April 23, 1993; effective July 28, 1993. Amendment filed October 8, 2003; effective February 27, 2004. Repeal filed June 13, 2014; effective November 28, 2014.

Tenn. Comp. R. & Regs. 0240-04-01-.04 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed January 31, 1986; effective April 15, 1986. Amendment filed July 29, 1986; effective October 29, 1986. Amendment filed April 30, 1987; effective July 29, 1987. Amendment filed July 29, 1988; effective October 29, 1988. Amendment filed June 11, 1990; effective September 26, 1990. Amendment filed May 13, 1991; effective August 28, 1991. Amendment filed July 3, 1996; effective November 28, 1996. Amendment filed February 18, 1999; effective June 28, 1999. Amendment filed October 8, 2003; effective February 27, 2004. Amendment filed November 12, 2008; effective March 30, 2009. Amendment filed October 29, 2009; effective March 31, 2010. Repeal filed June 13, 2014; effective November 28, 2014. -- 1 of 2 --

Tenn. Comp. R. & Regs. 0240-04-01-.05 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed July 29, 1986; effective October 29, 1986. Amendment filed April 30, 1987; effective July 29, 1987. Amendment filed July 29, 1988; effective October 29, 1988. Amendment filed June 11, 1990; effective September 26, 1990. Amendment filed May 1, 1991; effective August 28, 1991. Amendment filed October 8, 2003; effective February 27, 2004. Amendments filed October 29, 2009; effective March 31, 2010. Repeal filed June 13, 2014; effective November 28, 2014.

Tenn. Comp. R. & Regs. 0240-04-01-.06 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed July 29, 1986; effective October 29, 1986. Amendment filed April 30, 1987; effective July 29, 1987. Amendment filed June 11, 1990; effective September 26, 1990. Amendment filed April 23, 1993; effective July 28, 1993. Amendment filed October 8, 2003; effective February 27, 2004. Amendments filed September 20, 2007; effective January 28, 2008. Amendment filed November 12, 2008; effective March 30, 2009. Repeal filed June 13, 2014; effective November 28, 2014.

Tenn. Comp. R. & Regs. 0240-04-01-.07 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed July 29, 1986; effective October 29, 1986. Amendment filed July 29, 1988; effective October 29, 1988. Amendment filed June 11, 1990; effective September 26, 1990. Amendment filed May 13, 1991; effective August 28, 1991. Amendment filed April 23, 1993; effective July 28, 1993. Amendment filed November 12, 2008; effective March 30, 2009. Amendment filed October 29, 2009; effective March 31, 2010. Repeal filed June 13, 2014; effective November 28, 2014.

Tenn. Comp. R. & Regs. 0240-04-01-.08 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rules filed April 28, 1983; effective July 13, 1983. Amendment filed July 29, 1986; effective October 29, 1986. Amendment filed July 29, 1988; effective October 29, 1988. Amendment filed June 11, 1990; effective September 26, 1990. Amendment filed April 23, 1993; effective July 28, 1993. Amendment filed October 8, 2003; effective February 27, 2004. Repeal filed June 13, 2014; effective November 28, 2014. -- 2 of 2 --

Chapter 0240-04-02 Repealed

Tenn. Comp. R. & Regs. 0240-04-02-.01 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed August 8, 1995; effective December 29, 1995. Amendment filed January 11, 2002; effective May 31, 2002. Repeal filed June 13, 2014; effective November 28, 2014.

Tenn. Comp. R. & Regs. 0240-04-02-.02 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed January 31, 1986; effective April 15, 1986. Amendment filed April 30, 1987; effective July 29, 1987. Amendment filed August 29, 1988; effective October 29, 1988. Amendment filed August 8, 1995; effective December 29, 1995. Amendment filed November 26, 1997; effective March 30, 1998. Amendment filed January 11, 2002; effective May 31, 2002. Amendment filed October 17, 2002; effective February 28, 2003. Amendment filed June 28, 2005; effective October 28, 2005. Repeal filed June 13, 2014; effective November 28, 2014.

Tenn. Comp. R. & Regs. 0240-04-02-.03 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed January 31, 1986; effective April 15, 1986. Amendment filed April 30, 1987; effective July 29, 1987. Amendment filed August 8, 1995; effective December 29, 1995. Amendment filed November 26, 1997; effective March 30, 1998. Amendment filed January 11, 2002; effective May 31, 2002. Amendment filed January 16, 2007; effective May 31, 2007. Amendment filed September 20, 2007; effective January 28, 2008. Repeal filed June 13, 2014; effective November 28, 2014.

Tenn. Comp. R. & Regs. 0240-04-02-.04 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed April 30, 1987; effective July 29, 1987. Amendment filed November 26, 1997; effective March 30, 1998. Amendment filed January 11, 2002; effective May 31, 2002. Amendment filed October 17, 2002; effective February 28, 2003. Repeal filed June 13, 2014; effective November 28, 2014.

Tenn. Comp. R. & Regs. 0240-04-02-.05 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed January 31, 1986; effective April 15, 1986. Amendment filed April 30, 1987; effective July 29, 1987. Amendment filed August 8, 1995; effective December 29, 1995. Amendment filed November 26, 1997; effective March 30, 1998. Amendment filed January 11, 2002; effective May 31, 2002. Repeal filed June 13, 2014; effective November 28, 2014.

Tenn. Comp. R. & Regs. 0240-04-02-.06 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed August 8, 1995; effective December 29, 1995. Amendment filed January 11, 2002; effective May 31, 2002. Repeal filed June 13, 2014; effective November 28, 2014.

Tenn. Comp. R. & Regs. 0240-04-02-.07 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed January 31, 1986; effective April 15, 1986. Amendment filed April 30, 1987; effective July 29, 1987. Amendment filed August 29, 1988; effective October 29, 1988. Amendment filed November 3, 1989; effective February 28, 1990. Amendment filed August 8, 1995; effective December 29, 1995. Amendment filed November 26, 1997; effective March 30, 1998. Amendment filed January 11, 2002; effective May 31, 2002. Amendment filed October 17, 2002; effective February 28, 2003. Repeal filed June 13, 2014; effective November 28, 2014.

Tenn. Comp. R. & Regs. 0240-04-02-.08 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed January 31, 1986; effective April 15, 1986. Amendment filed April 30, 1987; effective July 29, 1987. Amendment filed August 8, 1995; effective December 29, 1995. Amendment filed November 26, 1997; effective March 30, 1998. Amendment filed January 11, 2002; effective May 31, 2002. Amendment filed October 17, 2002; effective February 28, 2003. Repeal filed June 13, 2014; effective November 28, 2014.

Chapter 0240-04-03 Repealed

Tenn. Comp. R. & Regs. 0240-04-03-.01 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1 983. Amendment filed August 8, 1995; effective December 29, 1995. Amendment filed February 28, 2000; effective June 28, 2000. Repeal filed June 13, 2014; effective November 28, 2014.

Tenn. Comp. R. & Regs. 0240-04-03-.02 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed January 31, 1986; effective April 15, 1986. Amendment filed May 13, 1991; effective August 28, 1991. Amendment filed April 23, 1993; effective July 28, 1993. Amendment filed February 18, 1999; effective June 28, 1999. Amendment filed January 16, 2007; effective May 31, 2007. Amendment filed November 12, 2008; effective March 30, 2009. Repeal filed June 13, 2014; effective November 28, 2014.

Tenn. Comp. R. & Regs. 0240-04-03-.03 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed January 31, 1986; effective April 15, 1986. Amendment filed May 13, 1991; effective August 28, 1991. Amendment filed January 16, 2007; effective May 31, 2007. Repeal filed June 13, 2014; effective November 28, 2014.

Tenn. Comp. R. & Regs. 0240-04-03-.04 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Repeal of rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed January 31, 1986; effective April 15, 1986. Amendment filed April 30, 1987; effective July 29, 1987. Amendment filed April 23, 1993; effective July 28, 1993. Amendment filed February 18, 1999; effective June 28, 1999. Amendment filed January 16, 2007; effective May 31, 2007. Amendment filed September 20, 2007; effective January 28, 2008. Amendment filed November 12, 2008; effective March 30, 2009. Repeal filed June 13, 2014; effective November 28, 2014.

Tenn. Comp. R. & Regs. 0240-04-03-.05 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed January 31, 1986; effective April 15, 1986. Amendment filed February 18, 1999; effective June 28, 1999. Amendment filed January 16, 2007; effective May 31, 2007. Repeal filed June 13, 2014; effective November 28, 2014. -- 1 of 2 --

Tenn. Comp. R. & Regs. 0240-04-03-.06 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed January 31, 1986; effective April 15, 1986. Amendment filed August 8, 1995; effective December 29, 1995. Amendment filed August 11, 2004; effective December 29, 2004. Amendment filed January 16, 2007; effective May 31, 2007. Amendments filed November 12, 2008; effective March 30, 2009. Repeal filed June 13, 2014; effective November 28, 2014.

Tenn. Comp. R. & Regs. 0240-04-03-.07 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed April 30, 1987; effective July 29, 1987. Amendment filed August 8, 1995; effective December 29, 1995. Amendment filed January 16, 2007, effective May 31, 2007. Amendments filed November 12, 2008; effective March 30, 2009. Repeal filed June 13, 2014; effective November 28, 2014.

Tenn. Comp. R. & Regs. 0240-04-03-.08 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Original rule filed January 31, 1986; effective April 15, 1986. Amendment filed April 30, 1987; effective July 29, 1987. Amendment filed August 8, 1995; effective December 29, 1995. Amendment filed February 18, 1999; effective June 28, 1999. Amendment filed August 11, 2004; effective December 29, 2004. Amendment ruled January 16, 2007; effective May 31, 2007. Amendments filed November 12, 2008; effective March 30, 2009. Repeal filed June 13, 2014; effective November 28, 2014. -- 2 of 2 --

Chapter 0240-04-04 Repealed

Tenn. Comp. R. & Regs. 0240-04-04-.01 renumbered as 0240-04-04-.03 filed June 11, 1990; effective September 26, 1990.)

Amendment filed April 23, 1993; effective July 28, 1993. Amendment filed May 18, 1994; effective September 28, 1994. Amendment filed July 3, 1996; effective November 28, 1996. Amendment filed November 26, 1997; effective March 30, 1998. Amendment filed February 18, 1999; effective June 28, 1999. Amendment filed February 28, 2000; effective June 28, 2000. Amendment filed August 29, 2000; effective December 29, 2000. Amendment filed January 11, 2002; effective May 31, 2002. Amendment filed September 6, 2002; effective January 28, 2003. Amendment filed August 11, 2004; effective December 29, 2004. Amendments filed June 28, 2005; effective October 28, 2005. Amendment filed January 16, 2007; effective May 31, 2007. Repeal filed June 13, 2014; effective November 28, 2014.

Tenn. Comp. R. & Regs. 0240-04-04-.02 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July l3, 1983. (Formerly 0240-04-04-.01 renumbered as 0240-04-04-.02 filed June 11, 1990; effective September 26, 1990.) Amendment filed February 28, 2000; effective June 28, 2000. Repeal filed June 13, 2014; effective November 28, 2014.

Tenn. Comp. R. & Regs. 0240-04-04-.03 REPEALED

History

• Authority: T.C.A § 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July l, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed January 31, 1986; effective April 15, 1986. Amendment filed April 30, 1987; effective July 29, 1987. (Formerly

Tenn. Comp. R. & Regs. 0240-04-04-.04 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. (Formerly 0240-04-04-.03 renumbered as 0240-04-04-.04 filed June 11, 1990; effective September 26, 1990. Amendment filed November 26, 1997; effective March 30, 1998. Amendment filed February 18, 1999; effective June 28, 1999. Repeal filed June 13, 2014; effective November 28, 2014. -- 1 of 2 --

Tenn. Comp. R. & Regs. 0240-04-04-.05 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed June 11, 1990; effective September 26, 1990. (Formerly 0240-04-04-.04 renumbered as 0240-04-04-.05 fi1ed June 11, 1990; effective September 26, 1990.) Amendment filed April 23, 1993; effective July 28, 1993. Amendment filed November 26, 1997; effective March 30, 1998. Amendment filed February 28, 2000; effective June 28, 2000. Amendment filed January 11, 2002; effective May 31, 2002. Amendment filed January 16, 2007; effective May 31, 2007. Repeal filed June 13, 2014; effective June 28, 2014.

Tenn. Comp. R. & Regs. 0240-04-04-.06 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. (Formerly 0240-04-04-.05 renumbered as 0240-04-04-.06 fi1ed June 11, 1990; effective September 26, 1990.) Repeal filed June 13, 2014; effective November 28, 2014.

Tenn. Comp. R. & Regs. 0240-04-04-.07 renumbered as 0240-04-04-.08 filed June 11, 1990; effective September 26, 1990.)

Amendment filed July 14, 1992; effective October 28, 1992. Amendment filed April 23, 1993; effective July 28, 1993. Amendment filed November 26, 1997; effective March 30, 1998. Amendment filed February 18, 1999; effective June 28, 1999. Amendment filed February 28, 2000; effective June 28, 2000. Amendment filed August 11, 2004; effective December 29, 2004. Amendment filed January 16, 2007; effective May 31, 2007. Repeal filed June 13, 2014; effective November 28, 2014.

Tenn. Comp. R. & Regs. 0240-04-04-.08 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed January 31, 1986; effective April 15, 1986. Amendment filed July 29, 1986; effective October 29, 1986. (Formerly

Tenn. Comp. R. & Regs. 0240-04-04-.09 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July l3, 1983. (Formerly 0240-04-04-.08 renumbered as 0240-04-04-.09 filed June 11, 1990; effective September 26, 1990.) Amendment filed November 26, 1997; effective March 30, 1998. Amendment filed February 18, 1999; effective June 28, 1999. Repeal filed June 13, 2014; effective November 28, 2014. -- 2 of 2 --

Chapter 0240-04-05 Repealed

Tenn. Comp. R. & Regs. 0240-04-05-.01 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed November 3, 1989; effective February 28, 1990. Amendment filed July 14, 1992; effective October 28, 1992. Amendment filed April 23, 1993; effective July 28, 1993. Amendment filed February 18, 1999; effective June 28, 1999. Amendment filed August 29, 2000; effective December 29, 2000. Amendments filed October 29, 2009; effective March 31, 2010. Repeal filed June 13, 2014; effective November 28, 2014.

Tenn. Comp. R. & Regs. 0240-04-05-.02 REPEALED

History

• Authority: T.C.A § 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed July 14, 1992; effective October 28, 1992. Amendment filed August 8, 1995; effective December 29, 1995. Amendment filed February 18, 1999; effective June 28, 1999. Amendments filed October 29, 2009; effective March 31, 2010. Repeal filed June 13, 2914; effective November 28, 2014.

Tenn. Comp. R. & Regs. 0240-04-05-.03 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule file April 28, 1983; effective July 13, 1983. Amendment filed November 3, 1989; effective February 28, 1990. Amendment filed February 18, 1999; effective June 28, 1999. Repeal filed June 13, 2014; effective November 28, 2014.

Tenn. Comp. R. & Regs. 0240-04-05-.04 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed July 14, 1992; effective October 28, 1992. Amendment filed February 18, 1999; effective June 28, 1999. Amendments filed October 29, 2009; effective March 31, 2010. Repeal filed June 13, 2014; effective November 28, 2014.

Tenn. Comp. R. & Regs. 0240-04-05-.05 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed November 3, 1989; effective February 28, 1990. Amendment filed February 18, 1999; effective June 28, 1999. Repeal filed June 13, 2014; effective November 28, 2014.

Tenn. Comp. R. & Regs. 0240-04-05-.06 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed November 3, 1989; effective February 28, 1990. Amendment filed April 23, 1993; effective July 28, 1993. Amendment filed February 18, 1999; effective June 28, 1999. Amendment filed February 28, 2000; effective June 28, 2000. Amendments filed October 29, 2009; effective March 31, 2010. Repeal filed June 13, 2014; effective November 28, 2014.

Tenn. Comp. R. & Regs. 0240-04-05-.07 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed November 3, 1989; effective February 28, 1990. Amendment filed July 14, 1992; effective October 28, 1992. Amendment filed April 23, 1993; effective July 28, 1993. Amendment filed February 18, 1999; effective June 28, 1999. Amendments filed October 29, 2009; effective March 31, 2010. Repeal filed June 13, 2014’ effective November 28, 2014.

Tenn. Comp. R. & Regs. 0240-04-05-.08 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: New rule filed February 18, 1999; effective June 28, 1999. Repeal filed June 13, 2014; effective November 28, 2014.

Tenn. Comp. R. & Regs. 0240-04-05-.09 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: New rule filed February 18, 1999; effective June 28, 1999. Repeal filed June 13, 2014; effective November 28, 2014.

Chapter 0240-04-06 Repealed

Tenn. Comp. R. & Regs. 0240-04-06-.01 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 3l, 1983. Amendment filed January 31, 1986; effective April 15, 1986. Amendment filed April 30, 1987; effective July 29, 1987. Amendment filed November 3, 1989; effective February 28, 1990. Amendment filed July 14, 1992; effective October 28, 1992. Amendment filed May 18, 1994; effective September 28, 1994. Amendment filed November 26, 1997; effective March 30, 1998. Amendment filed February 28, 2000; effective June 28, 2000. Amendment filed August 29, 2000; effective December 29, 2000. Amendment filed January 11, 2002; effective May 31, 2002. Amendment filed August 11, 2004; effective December 29, 2004. Amendment filed January 16, 2007, effective May 31, 2007. Amendments filed September 20, 2007; effective January 28, 2008. Repeal filed June 13, 2014; effective November 28, 2014.

Tenn. Comp. R. & Regs. 0240-04-06-.02 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261 effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed July 14, 1992; effective October 28, 1992. Amendment filed May 18, 1994; effective September 28, 1994. Amendment filed February 28, 2000; effective June 28, 2000. Amendment filed August 29, 2000; effective December 29, 2000. Amendment filed June 28, 2005; effective October 28, 2005. Repeal filed June 13, 2014; effective November 28, 2014.

Tenn. Comp. R. & Regs. 0240-04-06-.03 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261 effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed July 14, 1992; effective October 28, 1992. Amendment filed May 18, 1994; effective September 28, 1994. Amendment filed August 8, 1995; effective December 29, 1995. Amendment filed February 28, 2000; effective June 28, 2000. Amendment filed August 29, 2000; effective December 29, 2000. Amendment filed January 11, 2002; effective May 31, 2002. Amendment filed October 8, 2003; effective February 27, 2004. Amendment filed June 28, 2005; effective October 28, 2005. Amendment filed September 20, 2007; effective January 28, 2008. Repeal filed June 13, 2014; effective November 28, 2014.

Tenn. Comp. R. & Regs. 0240-04-06-.04 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261 effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed November 3, 1989; effective February 28, 1990. Amendment filed July 14, 1992; effective October 28, 1992. Amendment filed July 3, 1996; effective November 28, 1996. Amendment filed February 28, 2000; effective June 28, 2000. Amendment filed August 29, 2000; effective December 29, 2000. Amendment filed January 11, 2002; effective May 31, 2002. Amendment filed October 8, 2003; effective February 27, 2004. Stay of effective date filed February 26, 2004 by The House and Senate Government Operations Committee for paragraphs (1) through (6). The new effective date for these paragraphs is April 27, 2004. Expired by Acts of 2004, Public Chapter 838, §1(c) enacted June 7, 2004; effective June 30, 2004. Amendment filed August 11, 2004; effective December 29, 2004. Repeal and new rule filed June 28, 2005; effective October 28, 2005. Amendment filed October 29, 2009; effective March 31, 2010. Repeal filed June 13, 2014; effective November 28, 2014.

Tenn. Comp. R. & Regs. 0240-04-06-.05 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261 effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed November 3, 1989; effective February 28, 1990. Amendment filed July 14, 1992; effective October 28, 1992. Amendment filed May 18, 1994; effective September 28, 1994. Amendment filed February 28, 2000; effective June 28, 2000. Amendment filed August 29, 2000; effective December 29, 2000. Amendment filed October 8, 2003; effective February 27, 2004. Amendment filed October 29, 2009; effective March 31, 2010. Repeal filled June 13, 2014; effective November 28, 2014.

Tenn. Comp. R. & Regs. 0240-04-06-.06 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261 effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed November 3, 1989; effective February 28, 1990. Amendment filed July 14, 1992; effective October 28, 1992. Amendment filed April 23, 1993; effective July 28, 1993. Amendment filed May 18, 1994; effective September 28, 1994. Amendment filed July 3, 1996; effective November 28, 1996. Amendment filed February 28, 2000; effective June 28, 2000. Amendment filed August 29, 2000; effective December 29, 2000. Amendment filed January 11, 2002; effective May 31, 2002. Amendment filed October 8, 2003; effective February 27, 2004. Amendment filed August 11, 2004; effective December 29, 2004. Amendments filed September 20, 2007; effective January 28, 2008. Amendments filed October 29, 2009; effective March 31, 2010. Repeal filed June 13, 2014; effective November 28, 2014.

Tenn. Comp. R. & Regs. 0240-04-06-.07 REPEALED

History

• Authority: T.C.A. § 49-8-203.
• Administrative History: Repeal of all rules by Public Chapter 261 effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed November 3, 1989; effective February 28, 1990. Amendment filed April 23, 1993; effective July 28,1993. Amendment filed May 18, 1994; effective September 28, 1994. Amendment filed July 3, 1996; effective November 28, 1996. Amendment filed February 28, 2000; effective June 28, 2000. Amendment filed January 11, 2002; effective May 31, 2002. Amendment filed October 17, 2002; effective February 28, 2003. Amendment filed October 8, 2003; effective February 27, 2004. Amendment filed August 11, 2004; effective December 29, 2004. Amendment filed September 20, 2007; effective January 28, 2008. Amendments filed October 29, 2009; effective March 31, 2010. Repeal filed June 13, 2014; effective November 28, 2014.

Chapter 0240-05-01 Traffic and Parking Regulations

Tenn. Comp. R. & Regs. 0240-05-01-.01 INTRODUCTION

(1) The purpose of these regulations is to facilitate the safe and orderly operation of Austin Peay State University (“The University”) business and to provide parking facilities for this operation within the limits of available space.

(2) The Office of Public Safety is responsible for implementation and enforcement of these regulations.

(3) Any person operating a motor vehicle on the University campus is required to obey these regulations as a condition to parking or operating the vehicle on the campus.

(4) The responsibility for locating a legal parking space rests with the operator of the motor vehicle. Lack of space will not be considered a valid excuse for violating any parking regulations.

(5) The University shall have no responsibility for loss or damage to any vehicle or its contents operated or parked on APSU or on lots leased by APSU.

History

• Authority: T.C.A. §§ 49-8-101(a)(2) and 49-8-203(a); and 40 C.F.R. § 85.1703 (defining motor vehicles).
• Administrative History: Original rules filed March 14, 2018; effective June 12, 2018. Amendments filed July 28, 2022; effective October 26, 2022.

Tenn. Comp. R. & Regs. 0240-05-01-.02 REGISTRATION OF VEHICLES

(1) All motor vehicles parked on APSU property during regular business hours as determined by APSU or on lots leased by APSU must have a current APSU permit and be registered with APSU. Housing lots require a valid parking permit twenty-four (24) hours a day, seven (7) days a week.

(2) Guidelines for vehicle registration and obtaining a parking permit can be found on the APSU Parking and Transportation webpage.

(3) Permits must be renewed at the beginning of each Fall semester and will be valid until the beginning of the following Fall semester so long as the registrant remains a student or an APSU employee.

(4) APSU utilizes virtual permits which are attached to the vehicle license plate. Vehicles must have the license plate visible to the driving lane. Vehicles may back into a space or pull through a space if they meet one of the following:

(a) Have a state issued front license plate mounted on the vehicle; or (b) Have a numbered APSU-issued front license plate. The plate can be obtained from the APSU Parking & Transportation office.

(5) Permit holders are responsible for citations incurred with their permit and/or vehicle. Persons will also be held liable for a violation incurred by a vehicle, when that vehicle is reasonably shown to be associated to that person.

(6) Persons are entitled to only one (1) category of parking permit at a time. Persons will be identified by their primary affiliation with APSU. Graduate assistants and part-time student workers are eligible for student parking permits only.

(7) Permits are not transferable to any person other than the registrant.

(8) Only persons who are neither students, nor faculty/staff are entitled to a visitor parking permit.

History

• Authority: T.C.A. §§ 49-8-101(a)(2) and 49-8-203(a).
• Administrative History: Original rules filed March 14, 2018; effective June 12, 2018. Amendments filed October 28, 2019; effective January 26, 2020. Amendments filed July 28, 2022; effective October 26, 2022.

Tenn. Comp. R. & Regs. 0240-05-01-.03 PARKING ZONES

(1) Parking is permitted only in marked areas with painted control lines. Parking is not permitted in seeded areas or gravel service areas utilized by Physical Plant.

(2) Faculty or Staff – Zone Color Red – Full-time faculty, staff, contract service employees, and adjunct instructors are authorized for this zone. Valid permits must be displayed during regular business hours as determined by APSU.

(3) Resident Student – Zone Color Silver – Students who reside in the on-campus residence halls are authorized for this zone. Valid permits must be displayed twenty-four (24) hours a day, seven (7) days a week.

(4) Commuter Student – Zone Color Green – Students who reside off campus are authorized for this zone. Valid permits must be displayed during regular business hours as determined by APSU.

(5) Overflow – Zone Color Black – Any valid APSU permit is authorized for this zone. Valid permits must be displayed during regular business hours as determined by APSU.

(6) ADA Accessible Parking – Zone Color Blue – Persons utilizing ADA spaces on campus must have a placard issued by any state. Students, faculty, and staff who have a state issued placard must be registered with APSU Parking Services and receive an APSU ADA Accessible parking permit. ADA Accessible Permit holders are authorized to park in any parking space on campus, except those spaces specifically reserved with a sign (example:

Electric Vehicle Charging). Valid permits or state issued placards for ADA Accessible parking spaces must be displayed twenty-four (24) hours a day, seven (7) days a week.

(7) Visitor Parking Spaces – Visitor parking permits are issued by Parking Services. Guidelines on how to obtain a visitor parking permit are found on the APSU Parking and Transportation website. Marked visitor spaces are enforced during regular business hours a determined by APSU.

(8) Reserved Parking – APSU may designate spaces or parking areas that are reserved for individuals, departments, or events.

(9) Time-Limited Spaces – APSU may designate spaces that have a time limit for parking in those spaces.

(10) Public Parking – APSU parking lots may be designated for paid public parking. These areas will utilize a pay-by-plate system and are open to members of the community. APSU parking permits will be valid in these lots without additional payment required.

(11) Event Parking – APSU may reserve lots outside of regular business hours for paid event parking. All vehicles parked in these lots, regardless of having a valid APSU parking permit, may be required to pay for parking during event parking times.

(12) Electric Vehicle Charging – Spaces are set aside for electric vehicles to charge. Electric vehicles that are charging do not need to be registered with APSU Parking & Transportation.

Vehicles are limited to four (4) hours of charging and must be moved from a charging space after four hours have elapsed.

(13) Yellow curbs, yellow or white striped areas, and yellow bumper blocks. No parking is permitted in these areas. These areas are enforced twenty-four (24) hours a day, seven (7) days a week. Marked services vehicles may park in these areas so long it does not hinder traffic flow or create a safety hazard.

(14) Motorcycle Parking – (a) All motorcycles are to be parked in a parking space in their designated zone or in motorcycle only parking spaces.

(b) Motorcycles are not to block stairways, sidewalks, or pedestrian access.

History

• Authority: T.C.A. §§ 49-8-101(a)(2) and 49-8-203(a).
• Administrative History: Original rules filed March 14, 2018; effective June 12, 2018. Amendments filed October 28, 2019; effective January 26, 2020. Amendments filed July 28, 2022; effective October 26, 2022.

Tenn. Comp. R. & Regs. 0240-05-01-.04 VEHICLE OPERATION

(1) All persons operating a motor vehicle on APSU property or in the campus area, which includes city streets running through APSU property, must be properly licensed operators.

(2) Pedestrians have the right-of-way at established pedestrian crossings, except where regulated by traffic control lights or police officers.

(3) The maximum speed limits on the APSU campus and city streets should be clearly marked.

Streets interior to APSU campus are limited to twenty (20) mph. However, motor vehicles may not be operated at any speed which is excessive for the conditions which may exist as a result of weather, traffic congestion, pedestrians, etc.

(4) Traffic control signs, devices, and directions of police officers must be obeyed.

(5) All persons operating motor vehicles are responsible for maintaining control of the vehicle, safe operation, and observance of traffic control signs, barriers and devices.

(6) Operating a motor vehicle in any area other than a street or a roadway intended for motor vehicles is prohibited.

(7) All accidents must be reported to APSU Police immediately (931-221-7786). All motor vehicle break-ins or incidents should also be reported immediately.

History

• Authority: T.C.A. §§ 49-8-101(a)(2) and 49-8-203(a).
• Administrative History: Original rules filed March 14, 2018; effective June 12, 2018. Amendments filed July 28, 2022; effective October 26, 2022.

Tenn. Comp. R. & Regs. 0240-05-01-.05 VIOLATIONS

The following non-exhaustive examples constitute classifications for violations of these regulations:

(1) Parking Violations (a) Out of Zone;

(b) Vehicle Not Registered;

(c) Not a Parking Space;

(d) License Plate Not Visible to Driving Lane;

(e) Loading Zone;

(f) Blocking Traffic;

(g) Parked Facing Traffic;

(h) Occupying Two (2) (or more) Spaces;

(i) Outside of Designated Space;

(j) Within Fifteen (15) feet of Fire Hydrant;

(k) Within Twenty (20) feet of Entrance/Exit/Intersection;

(l) On Seeded Areas;

(m) Parked in Visitor;

(n) Parked beyond Time Limits;

(o) Parked in Reserved Parking;

(p) ADA Accessible Parking Only; and (q) Warning Only.

(2) Moving Violations (a) Failure to obey stop sign or traffic signal;

(b) Failure to yield to pedestrian in crosswalk;

(c) Traveling wrong way on one-way street;

(d) Operating a motor vehicle off a marked roadway;

(e) Speeding;

(f) Failure to yield right-of-way;

(g) Failure to obey lawful directions of a police officer;

(h) Failure of motorcycle operator or rider to wear required headgear; and (i) Failure to yield to emergency vehicle.

(3) Impounded Vehicle/Towed Vehicle (a) APSU may tow without advance notice those motor vehicles parked in a fire lane, designated ADA Accessible parking space, spaces reserved for designated vehicles or in such a manner as to impede the flow of traffic or to disrupt the orderly affairs of APSU.

(b) If a motor vehicle has unpaid parking citations, APSU may impound/tow the vehicle, if advance notice and opportunity to contest have been given. Windshield notices and/or other methods of notification will be used to provide the operator of the vehicle with advance notice of APSU’s intent to tow and the operator's right to a hearing.

History

• Authority: T.C.A. §§ 49-8-101(a)(2) and 49-8-203(a).
• Administrative History: Original rules filed March 14, 2018; effective June 12, 2018. Amendments filed October 28, 2019; effective January 26, 2020. Amendments filed July 28, 2022; effective October 26, 2022.

Tenn. Comp. R. & Regs. 0240-05-01-.06 ENFORCEMENT

(1) The Office of Public Safety is tasked with enforcement of the parking regulations. The Director is authorized to selectively enforce or not enforce certain regulations and parking categories based on special events and circumstances that require special accommodations.

(2) A motor vehicle parked in a manner which blocks a fire zone, emergency exit, flow of traffic, designated ADA Accessible parking space, spaces reserved for designated vehicles, or otherwise poses a danger or disrupts the orderly affairs of APSU may be impounded, immobilized, or towed.

(3) A motor vehicle which has accumulated one hundred dollars ($100.00) or more in unpaid citations may be immobilized or towed.

History

• Authority: T.C.A. §§ 49-8-101(a)(2) and 49-8-203(a).
• Administrative History: Original rules filed March 14, 2018; effective June 12, 2018. Amendments filed July 28, 2022; effective October 26, 2022.

Tenn. Comp. R. & Regs. 0240-05-01-.07 PENALTIES

(1) The below penalties constitute the greatest penalty to be assessed:

(a) Parked in visitor, maintenance, or emergency vehicle space: $35.00 (b) Parked in ADA Accessible Space: $200.00 - The fine for this parking violation is set by State law, T.C.A. § 55-21-108. As of July 1, 2008, the fine was set at $200. The fine imposed under these regulations will increase or decrease automatically when increased or decreased by State law.

(c) Boot removal fee - $75.00 for first violation in an academic year. $125.00 for subsequent violations in the same academic year.

(d) All other parking violations: $25.00 (e) All moving violations when written as an APSU citation: $35.00 (2) Other Penalties (a) Any vehicle that has accumulated one hundred dollars ($100.00) of unpaid fines and a minimum of two (2) parking citations, may be immobilized or towed in accordance with regulations under 0240-05-01-.06 Enforcement.

(b) Repeated violations of parking regulations will be grounds for towing away, impoundment, immobilization in accordance with regulations under enforcement.

(c) Students who persist in violating these regulations or commit a single violation under extreme circumstances will be referred to the Dean of Students’ office for disciplinary action which may lead to suspension or dismissal from APSU.

(d) Any individual (student, faculty or staff) with outstanding citations will not be allowed to register a motor vehicle or purchase a parking permit until indebtedness is cleared.

(e) Repeated violations may result in the loss of parking privileges without a refund.

History

• Authority: T.C.A. §§ 49-8-101(a)(2) and 49-8-203(a).
• Administrative History: Original rules filed March 14, 2018; effective June 12, 2018. Amendments filed October 28, 2019; effective January 26, 2020. Amendments filed July 28, 2022; effective October 26, 2022.

Tenn. Comp. R. & Regs. 0240-05-01-.08 APPEALS

(1) Upon receipt of a citation, persons have five (5) class days to submit an appeal.

(2) Appeal forms are completed and submitted electronically through the parking management software.

(3) Issuing officers will be afforded the opportunity to comment on appeals before they are presented to the appeal authority.

(4) The Student Tribunal shall hear and decide all student appeals.

(5) Students may further appeal the Tribunal’s decision to the Vice President of Student Affairs, or designee, within three (3) class days of the finding by Student Tribunal.

(6) When APSU is not in session, the Dean of Students will hear and decide appeals.

(7) Staff and visitors’ appeals shall be heard by a committee consisting of the Faculty Senate President or designee, Staff Senate President or designee, and the Dean of Students or designee.

(8) Anyone failing to appeal within five (5) class days of issuance of citation loses the right to appeal.

(9) Boot release fines are not appealable.

(10) The appeal decision is final.

History

• Authority: T.C.A. §§ 49-8-101(a)(2) and 49-8-203(a).
• Administrative History: Original rules filed March 14, 2018; effective June 12, 2018. Amendments filed July 28, 2022; effective October 26, 2022.

Tenn. Comp. R. & Regs. 0240-05-01-.09 RESTRICTIONS

APSU streets or grounds may not be used by any firm, corporation or person for advertising or commercial purposes.

History

• Authority: Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5 and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rules filed March 14, 2018; effective June 12, 2018.

Tenn. Comp. R. & Regs. 0240-05-01-.10 SPECIAL OCCASIONS AND EMERGENCIES

On special occasions, for example: athletic events, concerts, graduation exercises, etc., and in emergencies, parking and traffic limitation may be imposed by the Office of Public Safety and Campus Police as required by the conditions which prevail.

History

• Authority: T.C.A. § 49-9-209(e); Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5; and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rules filed March 14, 2018; effective June 12, 2018.

Tenn. Comp. R. & Regs. 0240-05-01-.11 PEDESTRIAN REGULATIONS

(1) Students and staff members must not endanger their safety or constitute an unreasonable impediment to lawful vehicular traffic by crossing streets at other than authorized lanes or by willfully walking or congregating in the streets.

(2) Violations of these regulations will be cited through appropriate channels for disciplinary action.

History

• Authority: Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5 and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rules filed March 14, 2018; effective June 12, 2018.

Chapter 0240-05-02 Student and Student Organization Conduct and Corrective Actions

Tenn. Comp. R. & Regs. 0240-05-02-.01 OVERVIEW

(1) Austin Peay State University (APSU or University) students are expected to conduct themselves as law-abiding members of the community at all times. Admission to APSU carries with it special rights, privileges and responsibilities apart from those rights and duties enjoyed by non-students. In recognition of the special relationship that exists between APSU and its academic community, the APSU Board of Trustees has authorized the President of APSU to take such action as may be necessary to maintain University standards and preserve the integrity of APSU and its educational environment.

(2) Pursuant to this authority and in fulfillment of its duties to provide a secure and stimulating atmosphere in which individual and academic pursuits may flourish, the Board has developed the following regulations, intended to govern student conduct on the APSU campus. The University is directed to implement policies consistent with APSU rules. Students are also subject to federal, state, and local laws and regulations. If a student’s violation of such laws or regulations also adversely affects APSU’s pursuit of its educational objectives, APSU may enforce its own regulations regardless of any proceedings instituted by other authorities.

Violation of any section of these rules may subject a student to corrective measures by APSU whether or not such conduct violates state, local or federal laws.

(3) For the purpose of these rules or accompanying policies, a “student” is any person who is admitted, enrolled and/or registered for credit or non-credit bearing courses or training or who may no longer be enrolled and registered, but participated in prohibited conduct while at APSU for any academic period. This will include any period which follows the end of an academic period through the last day for registration for the next academic period, and during any period while the student is under suspension from APSU. Finally, “a student” shall also include any person subject to a period of suspension or removal from campus as a sanction which results from a determination of a violation of the policies, rules, and regulations governing student conduct. Students are responsible for compliance with APSU rules at all times.

(4) Corrective action may be taken against a student for violation of the policies, rules, and regulations:

(a) Which occur on APSU owned, leased or otherwise controlled property;

(b) While participating in international or distance learning programs; and/or (c) While off-campus, when the conduct impairs, interferes with, or obstructs any APSU activity or the mission, processes, and functions of APSU.

(5) The University may enforce its own rules or policies regardless of the status or outcome of any external proceedings instituted in any other forum, including any civil or criminal proceeding.

October, 2021 2 (6) These rules are applicable to registered student organizations as well as individual students.

Registered student organizations are accountable for the conduct and actions of individual members of the organization while acting in their capacity as members of, or while attending or participating in any activity of the organization.

(7) Confidentiality of Conduct/Corrective Process. Subject to the exceptions provided in law or

regulation, including but not limited to, the Family Educational Rights and Privacy Act of 1974 (FERPA) and the Tennessee Open Records Act, a student’s conduct files are considered educational records and are confidential.

(8) The University is committed to respecting students’ Constitutional rights. These rules or policies shall be interpreted in a way that does not violate a student’s constitutional rights including without limitation, the rights protected by the First Amendment to the United States Constitution.

History

• Authority: T.C.A. §§ 4-5-101, et seq.; 10-7-504, et seq; and 49-8-203.
• Administrative History: New rules filed July 21, 2021; effective October 19, 2021.

Tenn. Comp. R. & Regs. 0240-05-02-.02 OFFENSES

(1) APSU may impose corrective action for any inappropriate student conduct that shows a disregard for the rights of other members of APSU’s academic community or which endangers property or persons on APSU campus, or APSU-controlled property.

(2) Misconduct by individual students or registered student organizations is subject to sanction and includes but is not limited to the following examples:

(a) Dangerous Conduct. Any conduct, or attempted conduct, which poses a direct threat or endangers the health, welfare, or safety of others;

(b) Hazing. Any act of hazing on or off the University campus or APSU controlled property, by an APSU student, group of students or registered student organization. Hazing means any act by one (1) student acting alone or with others which is directed against any other person that endangers the mental or physical health or safety of that person, or which induces or coerces a person to endanger such person’s mental or physical health or safety. Hazing is limited to those actions taken and situations created in connection with initiation into or affiliation with any organizations. Hazing does not include sanctioned athletic events or similar contests or competitions;

(c) Discrimination, Retaliation and Harassment. Any act against another individual or group in violation of University rules or policies, as well as federal or state laws prohibiting discrimination, harassment or retaliation;

(d) Disorderly Conduct. Any behavior which is abusive, obscene, lewd, indecent, violent, excessively noisy, disorderly, or which unreasonably disturbs or may reasonably provoke other groups or individuals (this may include, but not be limited to verbal abuse, nonverbal gestures and inappropriate behavior resulting from the use of being under the influence of alcohol or drugs), etc.;

(e) Obstruction of or Interference with APSU Activities or Facilities. Any intentional interference with or obstruction of any APSU program, event, or facility including, but not limited to the following:

1. Any unauthorized occupancy of APSU or APSU-controlled facilities or blockage of access to or from such facilities;

October, 2021 3 2. Interference with the right of any authorized person to gain access to any APSU or APSU-controlled activity, program, event or facility;

3. Any obstruction or delay of a campus security officer, public safety officer, police officer, firefighter, EMT, or any University official in the performance of their duty; or 4. Any form of disruptive behavior in the classroom, during any campus event; or activity or location on campus.

(f) Misuse of or Damage to Property. Any act of misuse, vandalism, malicious or unwarranted damage or destruction, defacing, disfiguring or unauthorized use of property belonging to APSU or property being used, rented, owned or leased by a student, by a group of students or officially registered student organization not owned by APSU;

(g) Theft, Misappropriation, or Unauthorized Sale. Any act of theft, misappropriation, or unauthorized possession, use or sale of APSU property or any such act against a member or organization of the APSU community or guest of APSU;

(h) Misuse of Documents, Information or Identification Cards. Any forgery, alteration of or unauthorized use of APSU documents, forms, records or identification cards, including the giving of any false information, or withholding of necessary information, failure to carry the APSU ID card at all times or to show it upon proper request;

(i) Firearms and Other Dangerous Weapons. Any possession of or carrying, whether openly or concealed, with the intent to go armed, any firearm, explosive, explosive weapon, bowie knife, hawk bill knife, ice pick, dagger, slingshot, leaded cane, switchblade knife, blackjack, knuckles, tasers, stun gun or any other weapon of like kind, not used solely for instructional or school-sanctioned ceremonial purposes, in any APSU property or APSU controlled property, as prohibited by state law. It is also prohibited to use a weapon or instrument to simulate a weapon in acts that endanger or threaten any person;

(j) Explosives, Fireworks, and Flammable Materials. The unauthorized possession, ignition or detonation of any object or article which would cause damage by fire or other means to persons or property or APSU controlled property or possession of any substance which could be considered to be and used as fireworks or ammunition;

(k) Alcoholic beverages. The use and/or possession of beverages containing alcohol and/or public intoxication on APSU-owned or controlled property, violation(s) of any local ordinance or state or federal law concerning alcoholic beverages, on or off campus, or a violation of the terms of the APSU Drug-Free Policy Statement. It shall not be a violation for students twenty-one (21) years of age or older to consume alcohol within areas designated by the President where alcohol is permitted to be served. In addition, officially registered student organizations that sponsor events off campus, where alcoholic beverages are present and available for consumption, must adhere to all local, state and federal laws concerning alcoholic beverages and must follow APSU’s Risk Management Guidelines for Student Organizations;

(l) Drugs. The unlawful possession or use of any drug, controlled substance or drug paraphernalia (including, but not limited to, any prescription drug, stimulant, depressant, narcotic or hallucinogenic drug or substance, or marijuana), or sale or distribution of any such drug or controlled substance, or a violation of any terms of the APSU Drug-Free Policy;

October, 2021 4 (m) Gambling. Participation in any unlawful gambling or gambling-related activities. Any permitted gambling or gambling-related activity, e.g. raffles, must also be operated under the auspices of APSU’s Foundation;

(n) Financial Irresponsibility. Failure to promptly meet financial responsibilities to APSU including, but not limited to, knowingly passing a worthless check or money order in payment;

(o) Unacceptable Conduct in Hearings. Any conduct at an APSU hearing involving contemptuous, disorderly behavior, or the giving of false information;

(p) Failure to Cooperate with University Officials. Failure to comply with directions of APSU officials acting in the performance of their duties;

(q) Violation of General Rules and Regulations. Any violation of the general rules, policies and regulations of the University as published in an official APSU publication, whether in print or digital, including but not limited to, the failure to perform any required action or the performance of any prohibited action;

(r) Attempts and Aiding and Abetting the Commission of offenses. Any attempt to commit any of the offenses listed in this document, or the aiding and abetting of the commission of any of the offenses;

(s) Violations of Local, State or Federal Laws. Any violation of local, state or federal laws or regulations proscribing conduct or establishing offenses, which laws and regulations are incorporated herein by reference;

(t) Violation of Imposed Sanctions. Violation of a sanction officially imposed by an APSU official or a constituted body;

(u) Violations of APSU Residence Hall or Apartment rules, policies or regulations. The violation of any rules, policies or regulations which appear in materials, distributed to resident students (i.e., housing license agreements, handbooks for resident students, etc.);

(v) Sexual Harassment. An offense including acts of sexual discrimination, sexual assault, domestic violence, dating violence and/or stalking as defined in University policy or rules, as well as federal or state laws prohibiting said acts. All matters involving allegations of Sexual Harassment and covered under Title IX will be governed by the procedures set out in University policy and rules related to Tile IX and handled by the Office of Equity, Access, and Inclusion, rather than the process specified herein;

(w) Smoking, Vaping and Tobacco Smoking, inclusive of electronic smoking devices and vapors, or other tobacco usage in all APSU buildings, grounds and state-owned or controlled vehicles is prohibited (except in otherwise designated areas as provided in applicable APSU rule or policy);

(x) Animals. With the exception of service animals, emotional support animals, and animals used for academic research purposes, animals are prohibited on all APSU controlled properties except in designated housing areas. Students are required to provide the Office of Disability Services with medical documentation in requesting disability accommodations;

October, 2021 5 (y) Filing a False Complaint or Statement. Any behavior whereby a student knowingly submits a false complaint or statement alleging a violation of these rules or policies by another student or student organization or APSU employee;

(z) Academic Misconduct. Includes, but is not limited to plagiarism, cheating, facilitation, fabrication or collusion. For purposes of this section the following definitions apply:

1. Plagiarism. The adoption or reproduction of ideas, words, statements, images, or works of another person or one’s self without proper attribution.

2. Cheating. Using or attempting to use unauthorized materials, information, or aids in any academic exercise or test/examination. The term academic exercise includes all forms of work submitted.

3. Fabrication. Unauthorized falsification or invention of any information or citation in an academic exercise.

4. Facilitation or Collusion. Assisting or attempting to assist another to violate a provision of APSU’s Student Code of Conduct regarding academic misconduct.

5. Unauthorized Distribution of Classroom Materials. Unauthorized distribution of classroom recording or other classroom materials. Sharing, posting or selling classroom information without approval from the instructor.

(aa) Unauthorized Duplication or Possession of Keys. Making, or the possessing of any key for an APSU facility without proper authorization;

(bb) Litter. Dispersing litter in any form onto the grounds or facilities of APSU;

(cc) Abuse of Computer Resources and Facilities. Misusing and/or abusing computer resources including, but not limited to the following:

1. Distribution or use of a student and/or another person’s identification to gain access to APSU computer resources;

2. Use of APSU computer resources and facilities to violate copyright laws, including, but not limited to the act of unauthorized distribution of copyrighted materials using university information technology systems;

3. Unauthorized access to a computer or network file, including but not limited to altering, using, reading, copying, or deleting the file;

4. Unauthorized transfer of a computer or network file;

5. Use of computing resources and facilities to send abusive or obscene correspondence, images, video or audio files;

6. Use of computing resources and facilities in a manner that interferes with normal operation of the APSU computing system;

7. Use of computing resources and facilities to interfere with the work of another student, faculty member, or APSU official;

8. Violation of any published information technology resources policy or rule; or October, 2021 6 9. Unauthorized peer-to-peer file sharing.

(dd) Unauthorized Access to APSU Facilities and Grounds. Any unauthorized access or occupancy of APSU facilities and grounds is prohibited, including, but not limited to, gaining access to facilities and grounds that are closed to the public, being present in areas of campus that are open to limited guests only, being present in academic buildings after hours without permission, and being present in buildings when the student has no legitimate reason to be present;

(ee) Unauthorized Surveillance. Making or causing to be made unauthorized images of a person in a location in which that person has a reasonable expectation of privacy, without the prior effective consent of the individual, or in the case of a minor, without the prior effective consent of the minor’s parent or guardian, recognizing that the parent cannot consent on behalf of a child for criminal acts as provided in state law. This includes, but is not limited to, taking video or photographic images in shower/locker rooms, residence hall rooms, and restrooms, and storing, sharing, and/or distributing of such unauthorized images by any means; and/or (ff) Uncontrolled or Unsafe Rollerblading/Skateboarding/Other Coasting Device. Individuals are prohibited from using rollerblades/skateboards/coasting devices in an unsafe and/or reckless manner on the APSU campus and must comply with applicable APSU rule or policy.

(3) Corrective action may be taken against a student or registered student organization for violations of the foregoing rules which occur on APSU property, or which occur off-campus when the conduct impairs, interferes with, or obstructs any APSU activity or the missions, processes and functions of APSU. In addition, corrective action may be taken on the basis of any conduct, on or off-campus which violates local, state or federal laws, which violate APSU rules or policies for student organizations, or which poses a substantial threat to persons or property within the APSU community. Each student shall be responsible for their conduct from the time of application for admission through the actual awarding of a degree including periods prior to or between semesters.

(4) Conduct occurring while a student is registered or enrolled at APSU, but not discovered until after the awarding of a degree, is actionable under these provisions and may result in a retroactive sanction. Should a student withdraw from APSU with corrective action or academic misconduct action pending and not yet concluded, the student’s record may be encumbered by the appropriate APSU office until the proceedings have been concluded.

History

• Authority: T.C.A. §§ 4-5-101, et seq.; 49-7-123(a)(1); and 49-8-203.
• Administrative History: New rules filed July 21, 2021; effective October 19, 2021.

Tenn. Comp. R. & Regs. 0240-05-02-.03 ACADEMIC AND CLASSROOM MISCONDUCT

(1) The instructor has the primary responsibility for control over classroom behavior and maintenance of academic integrity, and can order the temporary removal or exclusion from the classroom of any student engaged in disruptive conduct or conduct that violates the general rules and regulations of APSU. Extended or permanent exclusion from the classroom, beyond the session in which the conduct occurred, or further corrective action can be affected only through appropriate procedures established by the Division of Student Affairs. Temporary removal or exclusion from the classroom by the instructor does not constitute a corrective suspension or expulsion.

(2) Academic dishonesty includes, but is not limited to, plagiarism, the changing or falsifying of any academic documents or materials, cheating and giving or receiving of unauthorized aid in tests, October, 2021 7 examinations or other assigned work. Students responsible for academic misconduct, either directly or indirectly through participation or assistance, are responsible to the instructor of the class. Sanctions for academic misconduct will vary with the seriousness of the offense and may include, but are not limited to, a grade of “F” on the work in question, a grade of “F” in the course, reprimand, probation, suspension and expulsion. The student will be advised of their rights. The student may accept the instructor’s finding, grade reduction, and/or other sanction and waive their right to a hearing. In the event a student believes they have been erroneously accused of academic misconduct, they may request a hearing. Hearings will be conducted pursuant to the procedures set forth in Part .05, Conduct Procedures, below. If the student is found responsible for the allegation(s) of academic misconduct, the grade as assigned by the instructor will stand. Should the hearing source find the student not responsible for the academic misconduct, the instructor will reassess the student’s grade based upon the hearing source’s findings. When necessary, grade changes will be made administratively.

(3) Students may appeal a graded assignment associated with a finding of academic misconduct, as distinct from a student corrective action, through appropriate APSU academic grade appeal procedures. Courses may not be dropped pending the final resolution of an allegation of academic misconduct.

(4) Disruptive behavior in the classroom (on ground or virtual) may be defined, but is not limited to, behavior that obstructs or interferes with the learning environment (e.g., repeated outbursts from a student which interferes with the flow of instruction or prevents concentration on the subject taught, failure to cooperate in maintaining classroom decorum, the presence of nonenrolled visitors in the classroom (including but not limited to minors), or the continued use of any noise or light-emitting device which disturbs or interrupts the concentration of others (e.g., disturbing noises from text messaging, cell phones, laptop computers, games, etc.).

(5) Class attendance and punctuality requirements are established by the instructor through the syllabus for each course. Students are expected to attend class regularly and on time and are responsible for giving explanations/rationale for absences and lateness directly to the instructor or each course in which they are enrolled. In cases where student absences are the result of emergency circumstances (e.g., death in the family, a student’s serious injury or incapacitating illness), for which student(s) are unable to make immediate contact with instructor, the student may contact the Student Affairs office for assistance in providing such immediate notification to instructor. However, the student remains responsible for verifying the emergency circumstances to instructor and for discussing arrangements with faculty for possible completion of coursework requirements, if feasible.

History

• Authority: T.C.A. §§ 4-5-101, et seq., and 49-8-203.
• Administrative History: New rules filed July 21, 2021; effective October 19, 2021.

Tenn. Comp. R. & Regs. 0240-05-02-.04 CORRECTIVE ACTIONS

(1) APSU shall adopt and publish guidelines, providing notice of potential corrective actions consistent with these rules or policies applicable to both students and student organizations.

The guidelines may include any appropriate corrective action subject to prior review by the APSU Office of Legal Affairs and approval by the Board of Trustees. Upon a determination that a student or student organization has violated any of the offenses set forth in these rules, policies, or guidelines, corrective action may be imposed, either singly or in combination, by the appropriate school officials. (Note: Records may be released only as authorized by state or federal law, including but not limited to final results of conduct proceedings for violations that include crimes of violence, as defined by Tennessee law, or non-forcible sex offenses may be released without consent as required by state law.)

October, 2021 8 (2) Definition of Corrective Actions. The following provides a non-exhaustive list of possible sanctions with corresponding definitions:

(a) Restitution. Restitution may be required in situations which involve destruction, damage, or loss of property, or unreimbursed medical expenses resulting from physical injury.

When restitution is required, the student or student organization is obligated by the appropriate authority to monetarily compensate a party or parties for a loss suffered as a result of violation(s). Any such monetary payment in restitution shall be limited to the actual cost of repair, replacement or financial loss;

(b) Warning. The appropriate APSU official may notify the student or student organization that continuation or repetition of specified conduct may be cause for other corrective action;

(c) Reprimand. A written or verbal reprimand or censure may be given to any student or student organization whose conduct violates any part of these rules and provides notice that any further violation(s) may result in more serious penalties;

(d) Restriction. A restriction upon a student’s or registered student organization’s privileges for a period of time may be imposed. This restriction may include, but is not limited to, the following: denial of the right to represent APSU in any way, denial of the use of APSU facilities and/or parking privileges, restriction of participation in extracurricular activities, restriction of organizational privileges including registration, and restriction of the transfer of academic credit from another institution;

(e) University Probation. Continued enrollment of a student or student organization on probation may be conditioned upon adherence to these rules or accompanying policies.

Any student or registered student organization placed on probation will be notified of such in writing, either in hard copy or electronic format, and will also be notified of the terms and length of probation. Probation may include restrictions upon the extracurricular activities of a student or registered student organization. Any conduct in violation of these rules or accompanying policies while on probationary status or the failure to comply with the terms of the probationary period may result in the imposition of an elevated sanction;

(f) Suspension. If a student or student organization is suspended, he/she or the organization is separated from APSU for a stated period of time with conditions for readmission stated in the notice of suspension;

(g) Expulsion. Expulsion entails a permanent separation from APSU. The imposition of this sanction is a permanent bar to the student’s readmission or a registered student organization’s recognition by APSU. A student or registered student organization that has been expelled may not enter APSU property or facilities without obtaining prior approval from an appropriate university official with knowledge of the expulsion directive.

This includes all non-credit and distance education classes and programs;

(h) Interim or Summary Suspension. As a general rule, the status of a student or student organization accused of violations of these rules should not be altered until a final determination has been made in regard to the charges. Interim or Summary Suspension may be imposed upon a finding by the appropriate APSU official that the continued presence of the accused on campus constitutes an immediate threat to the physical safety and well-being of the accused or of any other member of the APSU community or its guests, destruction of property, or substantial disruption of classroom or other campus activities. In any case of Interim Suspension, the student, or student organization, shall be given an opportunity at the time of the decision, or as soon thereafter as reasonably possible, to contest the suspension;

October, 2021 9 (i) Housing Probation. A student or registered student organization placed on housing probation is deemed not to be in good standing with the housing community, and his/her continued residence is conditioned upon adherence to these rules and the Housing Contract. Any student or registered student organization placed on probation shall be notified in writing or via email of the terms and length of the probation. Probation may include restrictions upon the activities of the housing resident, including any other appropriate special condition(s). Any conduct of a similar or more serious nature in violation of the probation may result in suspension from housing;

(j) Housing Suspension and Forfeiture. A student or registered student organization suspended from housing may not reside in, visit, or make any use whatsoever of a housing facility or participate in any housing activity during the period for which the sanction is in effect. A suspended student or registered student organization shall be required to forfeit housing fees (including any unused portion thereof and the Housing deposit). A suspended student or registered student organization must vacate the housing unit within forty-eight (48) hours. Housing suspension shall remain a part of the student’s record;

(k) Service to the University. A student or registered student organization may be required to donate a specified number of service hours to APSU, by way of performing reasonable tasks for the appropriate APSU office or official. This service shall be commensurate to the offense the student or registered student organization is guilty of violating (i.e., service to maintenance staff for defacing APSU property);

(l) Educational Program. A student or student organization may be required to participate in any educational programs relevant to the offense to attend special seminars or educational programs or to prepare a project or report concerning a relevant topic;

(m) Smoking and Clean Air Violation. There will be graduated fines imposed for violation of the Smoking and Clean Air in accordance with APSU rules and policies;

(n) Referral for Intervention, Assessment and/or Counseling. The student is mandated to visit the appropriate APSU official for an initial intervention and assessment which may be followed by required participation and a prescribed plan of action or treatment plan by an APSU or off campus provider. Release of information may be required. Parents or legal guardians may be notified in certain situations;

(o) Fines. Penalties in the form of fines may be enforced against a student or a registered student organization whenever the appropriate hearing officer(s) or hearing body deems necessary. The sanction of fines may be imposed in addition to other forms of corrective actions. Failure to pay fines to the Business Office within two (2) weeks of the decision may result in further corrective action;

(p) Letter of Apology. A student or student organization may be given the opportunity, under certain circumstances, to voluntarily apologize to APSU or its guests, another student or student organization, faculty or staff member, or any other affected party, either verbally or in writing, as an alternative or in addition to the imposition of other sanctions, for the behavior related to an offense;

(q) Revocation of Admission, Degree, or Credential; and, (r) Any alternate sanction deemed necessary and appropriate to address the misconduct at issue.

October, 2021 10

History

• Authority: T.C.A. §§ 4-5-101, et seq., and 49-8-203.
• Administrative History: New rules filed July 21, 2021; effective October 19, 2021.

Tenn. Comp. R. & Regs. 0240-05-02-.05 PROCEDURES

(1) Hearing Options:

(a) Procedures conforming to the Uniform Administrative Procedures Act (UAPA). All cases falling under the purview of this rule which may result in (i) suspension or expulsion of a student or student organization from APSU for conduct related reasons, or (ii) revocation of registration of a student organization during the term of the registration are subject to the contested case provisions of the UAPA §§ T.C.A. 4-5-301 et seq. and shall be processed in accordance with the uniform contested case procedures adopted by the Board of Trustees, unless the student or student organization waives those procedures in writing and elects to have his or her case heard by either the University Hearing Board or an Administrative Hearing.

(b) Cases which are not subject to the contested case procedures under the Uniform Administrative Procedures Act and cases in which a student or student organization has waived the contested case procedures in writing shall be processed in accordance with APSU Hearing Procedures. APSU has established two (2) alternate APSU Hearing Procedures:

1. A hearing conducted by one (1) or more Student Affairs Administrators; or 2. A hearing conducted by the University Hearing Board. (Note: This option shall be available until the final ten (10) class days of each semester, or the final five (5) class days of the second summer term, during which time all hearings will be conducted by appropriate Student Affairs Administrators, except those subject to UAPA procedures as selected by the student or student organization.)

(c) Cases which are not subject to the contested case procedures under the Uniform Administrative Procedures Act and which involve minor first offenses by students or student organizations may be discussed informally. In such cases, no formal record will be maintained in the conduct records of APSU. The Dean of Students or other designee, appointed by the Vice President for Student Affairs, shall note the name of the student or student organization involved in his/her personal records. The purpose of this notation is only to determine a student’s or student organization’s prior involvement in a minor offense, when and if a second offense occurs at a later date. If the student or student organization is subsequently involved in another violation of regulations, at the discretion of the hearing body, this Informal Record will become a part of the student’s or student organization’s Formal Conduct Records.

(d) Alternative resolution methods may include, but are not limited to, mediation and/or negotiated resolutions.

(e) Jurisdiction of Cases to be heard by Student Affairs Administrators:

1. All formal cases involving incidents which occur in APSU residence halls and/or apartments and which involve on-campus residents shall be heard by the Residence Life staff or designee.

2. All other formal cases shall be heard by the Dean of Students, or appropriate designee, except in cases where such staff member is unavailable or has a bias toward either party in the pending case. In such cases the Vice President for October, 2021 11 Student Affairs shall assign one (1) or more Student Affairs Administrators to hear the case.

(2) Commencement of Conduct Proceedings.

(a) A student or registered student organization accused of violating APSU policies, rules, or regulations shall be called before the Dean of Students or designee, appointed by the Vice President for Student Affairs, for a preliminary conference at which the student or registered student organization will be advised of the following:

1. The charges against him/her/or organization;

2. The rights afforded to the student or organization by the hearing procedures which are available;

3. The hearing procedure options available; and 4. The responsibilities of the student or registered student organization in the conduct procedures.

(b) A student or registered student organization may waive the right to a preliminary conference and an oral explanation of the items listed in (2)(a) above.

(c) Once advised of the hearing options, the student or registered student organization may elect to accept the finding and sanction from the Dean of Students or designee, or elect a hearing pursuant to UAPA (where appropriate), or a hearing before the University Hearing Board.

(d) The election must be made within three (3) class days of receipt of notice of pending charges against him/her or organization by completing, and signing, an Election of Procedure form and/or waiver form. Once the election is made, the decision is final and may not be changed during the course of the hearing.

(e) Complaints related to discrimination or harassment will be investigated in accordance with applicable APSU policies and rules. If APSU determines that discrimination or harassment occurred that falls outside of the Title IX regulations or APSU’s applicable

rule or policy, the student or organization will be subject to the conduct procedures outlined in this rule and related policies.

(f) This rule does not apply to matters that fall within the scope of Title IX of the Education Amendments of 1972.

(3) APSU Hearing Rights. These rights shall be afforded the accused student/organization in all APSU Hearings falling under the purview of this rule before the appropriate Student Affairs administrator or the University Hearing Board.

(a) The right to choose the desired hearing option. (This right must be exercised within three (3) class days of the presentation of charges. Note: This University Hearing Board option shall be available until the final ten (10) class days of each semester, or the final five (5) class days of the second summer term, during which time all conduct hearings will be conducted by appropriate Student Affairs administrators, except those subject to UAPA procedures.)

(b) The right to written notice, by United States mail, courier service, hand delivery to the permanent or local address on file for the student, or APSU email, of the time, place, and October, 2021 12 date of the hearing at least three (3) days in advance of the hearing. A justified delay may be granted. The right to at least a three-day notice may be waived in writing by the students and/or student organization.

(c) The right to a written statement of the charges in time and detail sufficient to enable the student/organization to prepare for a hearing.

(d) The right to be accompanied by an adviser of the student’s/organization’s choice, but such adviser participation shall be limited to directly advising the student/organization during the hearing.

(e) The right to a statement of the possible corrective actions that may be imposed as a result of a finding of a violation of the Student Code, at least three (3) days in advance of the hearing.

(f) The right to present witnesses in the student’s/registered student organization’s behalf and to question any witnesses presented. The student/organization is responsible for the attendance of any witnesses to be present on the student’s/organization’s behalf.

(g) The right to be informed in writing, delivered either by United States Postal Service mail, courier service, hand delivery to the permanent or local address on file for the student, or via email to the APSU email of the student or registered organization, of:

1. The final administrative decision.

2. The proper procedure for appeal.

(h) The right to be provided copies, upon request and in accordance with APSU policies, rules, and guidelines, of all complaints, reports, witness statements and other written materials used in determining the charges.

(i) In cases involving sexual misconduct, the right to the name of each witness APSU expects to present at the student conduct proceeding and those APSU may present if the need arises.

(j) In cases involving sexual misconduct, the right to request a copy of APSU’s investigative file, redacted in accordance with the Family Educational Rights and Privacy Act of 1974.

(k) In cases involving sexual misconduct, the student’s right to request copies of all documents, copies of all electronically stored information, and access to tangible information that APSU has in its possession, custody, or control and may use to support claims or defenses, unless the use would solely be for impeachment.

(4) Rights of Complainant and/or Respondent. The APSU member (student, faculty or staff) who self-authors on their own behalf a complaint shall have the following rights:

(a) To be notified of their rights prior to making a statement and be provided a copy of any statements made in regard to the violation;

(b) To attend the hearing, submit a list of witnesses to be called to the hearing, to be given the opportunity to question all witnesses;

(c) To have an adviser present during the hearing. Adviser participation shall be limited to directly advising the student/organization during the hearing;

October, 2021 13 (d) To be permitted to dismiss the complaint only up to the date of the hearing;

(e) To be notified of the outcome of the hearing, including the finding of responsibility and sanctions;

(f) In cases involving sexual misconduct, the right to obtain the name of each witness APSU expects to present at the student proceeding and those APSU may present if the need arises:

(g) In cases involving sexual misconduct, the right to request a copy of the APSU’s investigative file, redacted in accordance with the Family Educational Rights and Privacy Act of 1974; and (h) In cases involving sexual misconduct, the student/organization’s right to request copies of all documents, copies of all electronically stored information, and access to tangible evidence that APSU has in its possession, custody, or control and may use to support claims or defenses, unless the use would solely be for impeachment.

(5) APSU Hearing Procedures (a) Hearings before a Student Affairs Administrator. The appropriate Student Affairs Administrator shall act as hearing officer in the hearing, shall determine students/organization’s finding of responsibility and shall apply sanctions as appropriate.

This administrator shall create the record which must include, but may not be limited to, evidence of witness testimony and any exhibit provided by any party, in addition to the technical record.

(b) Hearings before the University Hearing Board. Procedures for the Board include the following:

1. The Hearing Board shall be composed of nine (9) persons: five (5) students, (two (2) automatically selected from the Student Tribunal Justices of the Student Government Association, and three (3) selected by SGA), two (2) faculty and two (2) administrators, all appointed by the University President, for a term of one (1) academic year. Additionally, student, faculty and administrator alternate members shall be selected to serve in the absence of regular members and shall be appointed by the University President for a term of one (1) academic year.

2. The Chair of the Hearing Board shall be appointed by the University President.

3. A minimum of five (5) members of the Hearing Board are required to hear a conduct case, composed of at least two (2) students, one (1) faculty member, and one (1) administrator. The Hearing Board shall create the record which must include, but may not be limited to, evidence of witness testimony and any exhibit provided by any party in addition to the technical record.

4. The Dean of Students or designee shall train and advise all regular and alternate members of this Hearing Board in appropriate procedures.

5. The hearing shall be conducted consistent with the rights described above in paragraphs (3) and (4) of this rule.

6. All hearings shall be closed unless the respondent and the complainant both elect in writing to have an open hearing.

October, 2021 14 7. Formal rules of evidence shall not be applicable. The adjudicating body may exclude evidence which in its judgment is immaterial, irrelevant, or unduly repetitious.

8. The standard of proof used for all cases is the preponderance of evidence.

9. The hearing source shall issue a written decision within three (3) class days after the conclusion of the hearing.

10. The student will be advised in writing via APSU email (and USPS mail if requested by the student) of the Hearing Board or Student Affairs Administrator decision and all sanctions imposed as a result of the conduct hearing.

11. Any sanction imposed shall be effective immediately upon written notification of the student/organization unless the hearing authority deems a stay of such sanction desirable pending appeal.

12. In any case where the sanction results in separation from APSU, the decision shall be reviewed by the Vice President for Student Affairs or designee prior to notifying the Office of the Registrar and the Academic Department in which the student has been enrolled.

(6) Appeals (a) The student may appeal decision(s) of the University Hearing Board or the Student Affairs Administrator. Appeals are made to the Vice President for Student Affairs or designee.

(b) Student(s) or organization(s) may make an appeal within five (5) business days of the date notification of sanction imposed. Appeals must be in writing indicating the reason(s) for the appeal and submitted to the Student Affairs office.

(c) Appeals shall be limited to the following reasons:

1. Whether the proper procedures were followed in the hearing;

2. Whether the appropriate standard of review was used in the hearing;

3. Whether the sanction was appropriate for the violation; or 4. New information, not available at the time of the original hearing, has become available which would substantially alter the outcome of the hearing.

(d) Review shall be based solely on the hearing record and the written appeal documents submitted by the student.

(e) Appellate Authority. The Vice President for Student Affairs, or designee, shall have the

authority to do any of the following upon review of an appeal:

1. Uphold the finding of responsibility and sanction;

2. Uphold the finding of responsibility but adjust the sanction up or down;

3. Return the case for further consideration by the original hearing authority; or October, 2021 15 4. Reverse the finding of responsibility.

(f) The Vice President for Student Affairs or designee shall issue a written decision within five (5) business days after the appeal is heard.

(g) The decision of the Vice President for Student Affairs or designee is final.

(7) Student Organization Sanctions (a) Any registered student organization may be given a warning, reprimand, placed on probation, suspension, or restriction or may have its registration withdrawn by the Dean of Students, or by a Student Affairs Administrator appointed by the Vice President for Student Affairs. Such actions may be taken after having a hearing conducted in accordance with the procedures outlined in these rules for conduct procedures.

(b) The contested case provisions of the UAPA will be used in the case of withdrawal of registration of an organization, unless those provisions have been waived in writing by an authorized representative of the student organization. Withdrawal of Registration may be taken for any one (1) of the following reasons:

1. The organization fails to maintain compliance with the initial requirements for registration;

2. The organization ceases to operate as an active organization;

3. The organization requests withdrawal; and 4. The organization operated or engaged in any activity in violation of the policies, rules, and regulations of APSU, of any governing body of federal or state laws.

History

• Authority: T.C.A. §§ 4-5-101, et seq., and 49-8-203.
• Administrative History: New rules filed July 21, 2021; effective October 19, 2021.

Tenn. Comp. R. & Regs. 0240-05-02-.06 CONFLICTS OF INTEREST

(1) Consistent with the Student Due Process Protection Act, T.C.A. § 49-7-1704, student disciplinary proceedings must include protection for respondents and complainants analogous to, and no less protective than, the conflict of interest provisions of T.C.A. § 4-5-303.

History

• Authority: T.C.A. §§ 4-5-101, et seq.; 49-7-1704; and 49-8-203.
• Administrative History: New rules filed July 21, 2021; effective October 19, 2021.

Chapter 0240-05-03 Use of University Property

Tenn. Comp. R. & Regs. 0240-05-03-.01 DEDICATION OF UNIVERSITY PROPERTY

Austin Peay State University (“APSU” or “University”) dedicates its property exclusively to the advancement of the University’s principal missions of teaching, research, and service. The University regulates its property to preserve it for the advancement of the University’s principal missions.

History

• Authority: T.C.A. § 49-8-203(a)(1)(D); Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5; and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rules filed June 15, 2020; effective September 13, 2020.

Tenn. Comp. R. & Regs. 0240-05-03-.02 DEFINITIONS

(1) The term “University Property” means all land, grounds, structures, facilities, and any other physical property owned, controlled, or operated by Austin Peay State University.

(2) The term “University Unit” means any academic, administrative, or auxiliary department or division of the University or any other official entity of the University, functioning through University employees acting within the scope of their University employment.

(3) The term “Unmanned Aircraft” means a device that is used or is intended to be used for flight in the air without an individual in or on the device (including but not limited to drone, model aircraft).

(4) The term “Affiliated Entities” means an officially registered student, student group or student organization.

(5) The term “Affiliated Individuals” means persons officially connected with the University including students, faculty, and staff.

(6) The term “Non-affiliated individual or Entity” means any person who is not an “Affiliated Individual” or “Affiliated Entity” as defined in paragraph (4) or (5).

(7) The term “Student” means a person who is currently registered for a credit course or courses, non-credit course or program at the University, including but not limited to reciprocal study abroad programs and clinical placements, including any such person during any period which follows the end of an academic period which the student has completed until the last day for registration for the next succeeding regular academic period.

(8) The term “University Facilities” means any structure or outdoor or indoor properties owned, controlled, or operated by Austin Peay State University.

September, 2020 2 (9) The term “University Official” means an individual employed by the institution with the authority to make decisions on behalf of the University.

History

• Authority: T.C.A. § 49-8-203(a)(1)(D); Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5; and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rules filed June 15, 2020; effective September 13, 2020.

Tenn. Comp. R. & Regs. 0240-05-03-.03 ACCESS TO FACILITIES AND PRIORITIZED USERS

(1) Access to and use of APSU’s campuses, facilities, and property are restricted to the University, the University administration for official functions, affiliated individuals/entities, and the University’s invited or sponsored guests, or when part or all of a campus, its buildings or facilities are open to the general public for a designated period of time and purpose, or when access/use by Non-Affiliated Entities or Individuals has been allowed pursuant to the provisions of this rule.

(2) Denial of a request to access/use campus facilities and/or University Property shall be based solely on factors related to reasonable regulations in light of the University’s educational mission and the nature of the facility or property requested and rendered in a content/viewpoint neutral manner.

(3) Priority for the use of University Facilities is in the following order: 1) credit and non-credit classes and programs, 2) University-sponsored activities, 3) all other requests for usage. When considering requests for use, priority shall be given to affiliated individual/entities whose proposed use is consistent with the University’s educational mission, with highest priority for use of University buildings, facilities, and/or property always being reserved for administrative and educational uses. Educational and administrative uses include, but are not limited to: classes, university wide events, commencement, awards programs, and recruitment and/or registration events.

(4) All requests for use of University Facilities must be made via APSU’s website, where there is an online list of the facilities/areas available for use/rental by affiliated and/or non-affiliated entities and individuals. Applications will be evaluated and processed in the order they are received. Facilities use requests not related to class scheduling are reviewed and approved/denied in the University Facilities Office, except for the following:

(a) All Athletic spaces (Dunn Center and associated athletic fields) approved by the Office of Athletic Director.

(b) Music/Mass Communications Concert Hall approved by Office of the School of Music.

(c) Foy Recreation Center and Intramural Field approved by the Office of University of Recreation.

(5) Applications to reserve facility space for priority use (administrative and educational) should be submitted prior to April 1 for the following academic year. After that date, facility space scheduling for the following academic year will be open to affiliated entities/individuals for all other uses. After the Spring Semester is concluded, scheduling will open to non-affiliated entities/individuals. However, the scheduling or the rescheduling of classes, no matter the time of the year, takes priority over all other scheduling.

(6) Notification of approval or denial of an application to reserve University/Facilities/Space will be provided by email.

September, 2020 3 (7) All approved users of University Facilities or University Property are subject to all APSU rules, polices, and procedures and federal, state and local laws. Further, they must adhere to any conditions of facility usage as outlined in this rule or stated by the approving body.

History

• Authority: T.C.A. § 49-8-203(a)(1)(D); Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5; and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rules filed June 15, 2020; effective September 13, 2020.

Tenn. Comp. R. & Regs. 0240-05-03-.04 USE BY NON-AFFILIATED INDIVIDUALS/ENTITIES

(1) Non-affiliated Individuals/Entities may apply for use or access to designated University Property.

(2) The University has designated the Morgan University Center as the main location on campus for use by Non-affiliated Individuals/Entities to request. Campus auditoriums and gyms may be available for rent on a space available basis if the event does not interfere with the educational mission of the University.

(3) The University Center Plaza is the designated space on campus, where access may be granted to Non-affiliated Individuals/Entities without an associated fee. A fee may be assessed should the requesting party require fees including but not limited to additional set up, security, cleanup or audio visual (AV) support. All other assignable University space will have, at a minimum, a rental fee associated with the space.

(4) Long term use of (more than once and less than four (4) months) assignable University Facilities and/or Property is subject to a review of request and the impact of the ongoing operations of APSU.

(5) A contract may be required based on the nature of the requested event. Non-affiliated Individuals/Entities will be required to submit a deposit for the space equal to half (1/2) of their total estimated costs.

(6) A forfeiture of a deposit will be applied to non-affiliated individuals/entities based on the following:

(a) Cancellation one hundred and twenty (120) days before the start of their event- 100% refund;

(b) Cancellation ninety (90) to one hundred and twenty (120) days before the start of their event- 75% refund;

(c) Cancellation thirty (30) to sixty (60) days before the start of their event- 25% refund; and (d) Cancellation less than thirty (30) days- no refund.

History

• Authority: T.C.A. § 49-8-203(a)(1)(D); Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5; and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rules filed June 15, 2020; effective September 13, 2020.

Tenn. Comp. R. & Regs. 0240-05-03-.05 DENIAL OF THE USE OF FACILITIES OR PROPERTY

Denial of a request to access/use University Property and/or Facilities shall be based solely on factors related to reasonable regulations in light of the University’s educational mission and the nature of the facility or property requested and rendered in a content/viewpoint neutral manner. Such reasons may include, but are not limited to, the following:

September, 2020 4 (1) The Property or Facilities have been previously reserved by another group, organization or individual with equal or higher priority;

(2) Frequency of previous use during an academic period in comparison to that of a contemporaneous applicant;

(3) Use of the Property or Facilities requested would be impractical due to scheduled usage prior to or following the requested use, or due to other extenuating circumstances;

(4) The applicant or sponsor of the activity has not provided accurate or complete information required on the application for registration;

(5) The applicant or sponsor of the activity has been responsible for violation of University policy during a previously registered use of campus Property or Facilities;

(6) The applicant has previously violated any conditions or assurances specified in a previous registration application;

(7) The Facility or Property requested has not been designated as available for use for the time/date;

(8) The anticipated size or attendance for the event will exceed building/fire codes, established safety standards, and/or the physical or other limitations for the Facility or Property requested;

(9) The activity is of such nature or duration that it cannot reasonably be accommodated in the Facility or area for which application is made;

(10) The size and/or location of the requested use would cause substantial disruption or interference with the normal activities of the University, the educational use of other facilities or services on campus or the flow of vehicular or pedestrian traffic;

(11) The activity conflicts with existing contractual obligations of the University;

(12) The activity presents a clear and present danger for physical harm, coercion, intimidation, or other invasion of lawful rights of the University's officials, faculty members, or students, the damage or destruction, or seizure and subversion, of the University's or school's buildings, other property, or for other campus disorder of a violent or destructive nature. In determining the existence of a clear and present danger, the responsible official may consider all relevant factors; or (13) The requested use would be contrary to local, state, or federal law, and regulation, or the University’s rules, policies, regulations, procedures, or mission.

History

• Authority: T.C.A. § 49-8-203(a)(1)(D); Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5; and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rules filed June 15, 2020; effective September 13, 2020.

Tenn. Comp. R. & Regs. 0240-05-03-.06 GENERAL CONDITIONS FOR USE OF PROPERTY OR FACILITIES

Once an Affiliated Individual or Entity or a Non-Affiliated Individual or Entity has permission to use University Property or Facilities, including open access areas, the requirements outlined in this section, as well as all other requirements put forth in this rule, must be met. Violation of, or failure to comply with, the requirements set forth in this rule or other University policies may result in the immediate revocation of previously granted approval for access/use of University Property or Facilities.

September, 2020 5 (1) Applicable building, fire codes, and safety standards applicable to a particular facility and/or property must be met.

(2) All APSU rules and/or policies must be followed.

(3) Sound amplification equipment may be used only when prior approval has been requested and approved by the appropriate official taking into account the University’s educational mission and the nature of the facility or property requested, location, and time of day.

(4) Any rental of University equipment must follow the University Facilities guidelines as defined in .02.

(5) All persons operating motor vehicles in conjunction with an approved use/access of University Facilities and/or Property shall be subject to University rules, regulations, policies and procedures regarding traffic and parking.

(6) Users of University Facilities or Property and/or their sponsor(s) are responsible for all activities associated with the event.

(7) Use of the requested University Facility and/or Property shall be limited to the declared purpose in the application for use/access to University Facilities and/or Property.

(8) Access to, or use of, University Facilities shall not be permitted overnight unless specifically requested and approved pursuant to the requirements of this rule and/or other applicable University rules and guidelines. Such use shall be limited to the specific time and location set forth in the notice of approval/registration document.

(9) All persons on campus in conjunction with an approved application for use/access shall provide adequate identification upon request to appropriate officials and security personnel of the University. Persons or groups who refuse to provide such identification may be subject to immediate removal from campus and/or disciplinary action. In appropriate circumstances, such persons may become subject to arrest and/or prosecution.

(10) Austin Peay State University has the right to terminate the use of University Property or Facilities by any group, organization or individual that violates any provision of this rule, University policy, local, state, or federal law or regulation. Failure to comply with the requirements set forth in this rule or other University rules. Guidelines, and policies may result in the immediate revocation of previously granted approval for access/use of University Facilities or Property, and student disciplinary sanctions, if appropriate.

(11) Non-affiliated Entities/Individuals using APSU facilities, shall indemnify the institution. In certain circumstances or events, the University reserves the right to require:

(a) Adequate bond or other security for damage to University property;

(b) Personal injury and property damage insurance coverage;

(c) A performance bond or other insurance guaranteeing or insuring performance of its obligations under the contract; and/or (d) Other types of insurance, if approved by APSU.

(12) Insurance policies must list APSU as additionally insured and be for $1 million. See APSU website for a matrix for when additional insurance may be required.

September, 2020 6

History

• Authority: T.C.A. § 49-8-203(a)(1)(D); Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5; and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rules filed June 15, 2020; effective September 13, 2020.

Tenn. Comp. R. & Regs. 0240-05-03-.07 DISTRIBUTION OF LEAFLETS, LITERATURE, PAMPHLETS

(1) Distribution of leaflets, literature, pamphlets is not permitted within:

(a) Classroom, library or other academic buildings or facilities;

(b) Administrative and employee offices and work areas; or (c) Student residence halls, dormitories or apartment buildings.

(2) No obscene literature or material, as defined by law, shall be distributed on any University Property or Facility.

(3) Placement of flyers, leaflets, literature, etc., is not permitted on motor vehicles parked on the Austin Peay State University campus.

(4) University Property and Facilities may not be used for commercial or profit-making activities except when engaged in a business relationship, pursuant to a contract, with the University and/or when a rental/or lease agreement or facilities reservation is in place specifically for such temporary purpose.

(5) The University will not establish permitting requirements that prohibit spontaneous outdoor assemblies or outdoor distribution of literature, although it may maintain a policy that grants members of the University community the right to reserve certain outdoor spaces in advance.

(6) Any literature which is distributed or sold and any advertisement shall comply with all applicable laws policies, regulations, and rules of APSU. Requests to distribute or sell literature shall be included with the underlying application to use University Facilities and/or Property through the online reservation system. Literature and/or advertisements may only be sold or distributed in conjunction with an approved application for use of Facilities.

(7) The University has designated the University Center Post Office area and the outdoor campus bulletin boards as the posting locations for the Non-affiliated Individuals/Entities.

History

• Authority: T.C.A. § 49-8-203(a)(1)(D); Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5; and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rules filed June 15, 2020; effective September 13, 2020.

Tenn. Comp. R. & Regs. 0240-05-03-.08 NO-TRESPASS NOTICES

(1) A No-Trespass Notice (“Notice”) is a written directive requiring a Non-affiliated Individual to leave and/or not enter all or part of University Property or Facilities.

(2) A sworn law enforcement officer employed by the University may issue a Notice to a Nonaffiliated Individual:

(a) Who is not authorized to use University Property as defined in Section .03(1), and who has refused to leave University Property, or a specified part of University Property, within a reasonable time after the person has received an oral request to leave by a University official;

September, 2020 7 (b) Who has engaged in a use of University Property that is prohibited by Section .03(2), and who has refused to cease the prohibited conduct within a reasonable time after receiving an oral request to do so from a University official;

(c) Who, in the good faith judgment of the law enforcement officer issuing the Notice, poses an unreasonable threat to the health, safety, or welfare of a person(s) affiliated with the University while on University property; or (d) Who, in the good faith judgment of the law enforcement officer issuing the Notice, has engaged in conduct that substantially disrupts or interferes with University operations, events, or activities, or is likely to cause such a disruption or interference.

(3) A Notice must specify: the reason for the Notice; the geographical scope of the restriction; the duration of the restriction, which may be for an indefinite period; the potential consequences of a violation of the Notice; and the process for appealing the issuance of the Notice. The scope and duration of the restriction imposed must be proportional to the underlying misconduct. In appropriate circumstances, with respect to conduct on University Property, a Notice also may prohibit a non-affiliated person from contacting or being within a certain distance from a person affiliated with the University.

(4) Appeals.

(a) A Non-affiliated Individual to whom a Notice has been issued may appeal the decision to the chief of police for the University.

(b) A Non-affiliated Individual must submit the appeal in writing. The written appeal must be received by the Chief of Police within twenty (20) calendar days of the date on which the Notice was provided to the Non-affiliated Individual. Any Notice mailed (or e-mailed) to a Non-affiliated Individual shall be deemed to have been provided on the date on which it was mailed (or e-mailed). The written appeal should include the Non-affiliated Individual’s reason for being on University property, the Non-affiliated Individual’s future need to be on University Property, and any other information the Non-affiliated Individual wishes the University official who issued the Notice to consider.

(c) Upon receipt of a written appeal, the chief of police will consult as needed with other University officials to verify the Non-affiliated Individual’s need for access to University property, to gather additional information or advice, or to review the impact that granting the appeal may have on persons affiliated with the University.

(d) Within twenty (20) calendar days of the receipt of an appeal submitted in accordance with this Chapter, the Chief of Police will sustain, rescind or modify the Notice in a written decision that will be mailed to the address provided by the Non-affiliated Individual. The decision of the Chief of Police is final and not appealable within the University.

(e) The restrictions set forth in the Notice will remain in effect while an appeal of the Notice is pending.

(f) If the Chief of Police issued the Notice, then the Non-affiliated Individual may appeal to the supervisor of the Chief of Police.

(5) The law enforcement officer who issued the Notice (or, if the Notice is appealed, the Chief of Police or the Chief of Police’s Supervisor), with the approval of the Chief of Police or his/her supervisor, may rescind or modify the Notice at any time. Notification of any such rescission or modification shall be provided to the Non-affiliated Individual to whom the Notice was issued.

September, 2020 8 (6) Failure to comply with a Notice may result in issuance of a citation or an arrest for trespassing pursuant to applicable state criminal trespass statutes or local ordinances. Nothing in this

section shall limit or be construed to limit the exercise of the statutory authority of sworn law enforcement officers of the University’s police department to arrest in accordance with the laws of this state or local ordinances. Nor shall anything in this rule limit or be construed to limit the

authority of sworn law enforcement officers of the University’s police department to issue an oral request instructing a person to leave and/or not enter all or part of University Property.

History

• Authority: T.C.A. § 49-8-203(a)(1)(D); Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5; and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rules filed June 15, 2020; effective September 13, 2020.

Chapter 0240-05-04 Access to Public Records

Tenn. Comp. R. & Regs. 0240-05-04-.01 SCOPE

(1) This rule does not apply to a student’s request to see his/her own education records or to an employee’s or former employee’s reasonable requests to review or copy his/her own personnel file.

(2) Proof of Tennessee citizenship for the purpose of access to public records is not proof of residency for the purpose of classifying students as in-state or out-of-state when assessing tuition and fees and for admission purposes.

History

• Authority: T.C.A. §§ 10-7-503(g)(2) and 49-8-203(a)(4).
• Administrative History: New rules filed July 21, 2021; effective October 19, 2021.

Tenn. Comp. R. & Regs. 0240-05-04-.02 DEFINITIONS

(1) Public Records: All documents, papers, letters, maps, books, photographs, microfilms, electronic data processing files and output, films, sound recordings, or other material, regardless of physical form or characteristics, made or received pursuant to law or ordinance or in connection with the transaction of official University business and required to be open to inspection under the provisions of Tennessee law.

(2) Public Records Request Coordinator (“Coordinator”): The designated individual who has the responsibility to ensure Public Record requests are routed to the appropriate records custodian and are fulfilled in accordance with the Tennessee Public Records Act.

(3) Records Custodian: The office, official, or employee lawfully responsible for the direct custody and care of a Public Record.

(4) Requestor: A person seeking access to a Public Record, whether it is for inspection or duplication.

History

• Authority: T.C.A. §§ 10-7-503(g)(2) and 49-8-203(a)(4).
• Administrative History: New rules filed July 21, 2021; effective October 19, 2021.

Tenn. Comp. R. & Regs. 0240-05-04-.03 GENERAL POLICY STATEMENT

(1) Austin Peay State University shall timely and efficiently provide access and assistance to persons requesting to view or receive copies of Public Records as required by law.

History

• Authority: T.C.A. §§ 10-7-503(g)(2) and 49-8-203(a)(4).
• Administrative History: New rules filed July 21, 2021; effective October 19, 2021. October, 2021 2

Tenn. Comp. R. & Regs. 0240-05-04-.04 REQUESTING ACCESS TO PUBLIC RECORDS

(1) Public Records requests should be directed to the Coordinator or his/her designee in order to ensure Public Records requests are routed to the appropriate Records Custodian and fulfilled in a timely manner.

(2) Requestor may contact the Coordinator in person or by telephone, fax, email, or mail.

(3) The name/title and contact information for APSU’s Public Records Request Coordinator are identified on APSU’s Tennessee Public Records Act Requests webpage within the Office of Legal Affairs.

(4) Austin Peay State University will not require a Requestor to submit a request for inspection in writing. Requests for copies, or requests for inspection and copies, must be made in writing.

(5) Austin Peay State University will require proof of Tennessee citizenship by either a valid Tennessee driver’s license or alternative acceptable form of identification as a condition to inspect or receive copies of Public Records.

History

• Authority: T.C.A. §§ 10-7-503(g)(2) and 49-8-203(a)(4).
• Administrative History: New rules filed July 21, 2021; effective October 19, 2021.

Tenn. Comp. R. & Regs. 0240-05-04-.05 RESPONDING TO PUBLIC RECORDS REQUESTS

(1) The Coordinator shall, as necessary or appropriate:

(a) Request proof of Tennessee citizenship;

(b) Clarify the scope of the request;

(c) Advise the Requestor that APSU may charge for copies if the request exceeds the costs threshold allowed by its rule;

(d) Advise the Requestor that APSU is not the custodian of the record;

(e) Provide the records;

(f) Deny the request in writing, providing the appropriate basis, such as one of the following:

1. The Requestor is not a Tennessee citizen or has not presented evidence of Tennessee citizenship;

2. The request lacks specificity;

3. An exemption makes the record not subject to disclosure under the Tennessee Public Records Act;

4. The records do not exist.

(2) The Coordinator may deny the request provided the Coordinator has identified in writing the specific legal basis for the denial of the request.

(3) The Coordinator may, if appropriate, contact the Requestor to see if the request can be narrowed.

October, 2021 3 (4) If requested records are in the custody of a different governmental entity and the Coordinator knows the correct governmental entity, the Coordinator may direct the Requestor to the correct governmental entity.

(5) A Records Custodian must promptly forward a request to the Coordinator and assist the Coordinator in making the records available to the Requestor in a timely manner.

(6) All efforts will be made to promptly provide requested records. If additional time is necessary to determine whether the requested records exist; to search for, retrieve, or otherwise gain access to records; to determine whether the records are open, to redact records; or for other similar reasons, then the Coordinator shall, within seven (7) business days from the receipt of the request, send the Requestor a completed Public Records Response Form.

(7) If the Coordinator reasonably determines production of records should be segmented because the Public Records Request is for a large volume of records, or additional time is necessary to prepare the records for access, the Coordinator shall notify the Requestor in writing that production of the records will be in segments and that a records production schedule will be provided as expeditiously as practicable. If appropriate, the Coordinator may contact the Requestor to see if the request can be narrowed.

(8) If the Coordinator discovers records responsive to a records request were omitted, the Coordinator will notify the Requestor and produce the records as quickly as practicable.

(9) The University is not required to sort through files to compile information, create records, or recreate records that do not exist.

History

• Authority: T.C.A. §§ 10-7-503(g)(2) and 49-8-203(a)(4).
• Administrative History: New rules filed July 21, 2021; effective October 19, 2021.

Tenn. Comp. R. & Regs. 0240-05-04-.06 REDACTION

(1) With the exception of records which are confidential in their entirety, if a record contains confidential information or information that is not open for public inspection, the Coordinator, with assistance from the Records Custodian, shall prepare a redacted copy of the record prior to providing access.

(2) Whenever the Custodian provides a redacted record, the Coordinator will advise the Requestor of the general basis or bases for the redaction(s).

History

• Authority: T.C.A. §§ 10-7-503(g)(2) and 49-8-203(a)(4).
• Administrative History: New rules filed July 21, 2021; effective October 19, 2021.

Tenn. Comp. R. & Regs. 0240-05-04-.07 INSPECTION OF RECORDS

(1) Austin Peay State University will not charge for inspection of Public Records.

(2) Austin Peay State University will advise the Requestor of the location where the records may be inspected and may, under reasonable circumstances, require an appointment for inspection. Public Records will be open for inspection by citizens of Tennessee during business hours which shall be the business hours of the University’s administrative offices. Inspection must be made in the presence of the Coordinator or Records Custodian, and custody of the original record is not to be relinquished.

History

• Authority: T.C.A. §§ 10-7-503(g)(2) and 49-8-203(a)(4).
• Administrative History: New rules filed July 21, 2021; effective October 19, 2021. October, 2021 4

Tenn. Comp. R. & Regs. 0240-05-04-.08 REQUEST FOR COPIES OF RECORDS

(1) The Coordinator will respond to a Public Records request for copies in the most economic and efficient manner practicable.

(2) Copies will be available for pickup at a location specified by the Coordinator. At Requestor’s request, and upon payment of postage, the Coordinator may mail the copies to the Requestor via US Mail.

(3) The Coordinator will work to provide Requestors with an estimate of the charges to be assessed for copies and labor prior to producing copies of records. The Coordinator may require prepayment of such charges before producing the requested records.

(4) Austin Peay State University uses the Schedule of Reasonable Charges, as they may be amended from time to time, established by the Tennessee Office of Open Records Counsel in determining costs for public records requests.

(5) If fees for copies, labor, and postage do not exceed twenty-five dollars ($25), APSU may waive those fees. Requests for waivers for costs that exceed $25 must be presented to the Coordinator, who is authorized to waive fees in his or her discretion. APSU will not waive fees associated with aggregated records requests.

(6) Notwithstanding the form of the records, reproduction or copying of records shall be made in a form as best determined by the Coordinator or Records Custodian. If the requested records exist electronically, but not in the format requested, or a new or modified computer program or application is necessary to put the records in a readable and reproducible format; or it is necessary to access backup files, the Coordinator may charge the Requestor the actual costs incurred in producing the records in the format requested, or in creating or modifying a computer program or application necessary to put the records in a readable and reproducible format, or in accessing backup files.

(7) A Requestor may use a personal cellphone to take pictures of records when the total amount of pages to be photographed does not exceed twenty (20) pages.

(8) A Requestor must pay by cash or personal check made payable to APSU and presented to the Coordinator.

History

• Authority: T.C.A. §§ 10-7-503(g)(2) and 49-8-203(a)(4).
• Administrative History: New rules filed July 21, 2021; effective October 19, 2021.

Tenn. Comp. R. & Regs. 0240-05-04-.09 AGGREGATION OF FREQUENT AND MULTIPLE REQUESTS

(1) Austin Peay State University will aggregate record requests in accordance with the current Office of Open Records Schedule for Reasonable Charges for Frequent and Multiple Requests when more than four (4) requests are received within a calendar month either from a single individual or a group of individuals deemed working in concert.

(2) The Coordinator is responsible for making the determination that a group of individuals are working in concert. The Coordinator or Records Custodian must inform the individuals of the

basis for the aggregation and that they have the right to appeal the decision to the Office of Open Records Counsel.

History

• Authority: T.C.A. §§ 10-7-503(g)(2) and 49-8-203(a)(4).
• Administrative History: New rules filed July 21, 2021; effective October 19, 2021.

Chapter 0240-05-05 Classifying Students In-State and Out-of-State

Tenn. Comp. R. & Regs. 0240-05-05-.01 INTENT

It is the intent that Austin Peay State University (APSU or University) shall apply uniform rules, as described in these regulations and not otherwise, in determining whether students shall be classified “in-state” or “out-of-state” for fees and tuition purposes and for admission purposes.

History

• Authority: T.C.A. § 49-8-104; Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5; and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rules filed June 15, 2020; effective September 13, 2020.

Tenn. Comp. R. & Regs. 0240-05-05-.02 DEFINITIONS

Wherever used in these regulations:

(1) “Continuous Enrollment” or “Continuously Enrolled” shall mean enrollment at a public higher educational institution or institution of this State as a full-time student, as such term is defined by the governing body of said Public Higher Educational Institution or Institutions, for a normal academic year or years or the appropriate portion or portions thereof since the beginning of the period for which continuous enrollment is claimed. Such person need not enroll in summer sessions or other such inter-sessions beyond the normal academic year in order that his or her enrollment be deemed continuous, notwithstanding lapses in enrollment occasioned solely by the scheduling of the commencement and/or termination of the academic years, or appropriate portion thereof, of the Public Higher Educational Institutions in which such person enrolls.

(2) “Domicile” shall mean a person’s true, fixed, and permanent home and place of habitation; it is the place where he or she intends to remain, and to which he or she expects to return when he or she leaves without intending to establish or having established a new domicile elsewhere.

Undocumented immigrants cannot establish domicile in Tennessee, regardless of length of residence in Tennessee.

(3) “Emancipated Person” shall mean a person who has attained the age of eighteen (18) years and whose parents have entirely surrendered the right to the care, custody, and earnings of such person and are no longer under any legal obligation to support or maintain such person.

(4) “Parent” shall mean a person’s father or mother. If there is a non-parental guardian or legal custodian of an unemancipated person, then “parent” shall mean such guardian or legal custodian; provided, that there are not circumstances indicating that such guardianship or custodianship was created primarily for the purpose of conferring the status of an in-state student on such emancipated person.

(5) “Public Higher Education Institution” shall mean a university or community college supported by appropriations made by the Legislature of this State.

(6) “Residence” shall mean continuous physical presence and maintenance of a dwelling place within this State, provided that absence from the State for short periods of time shall not affect the establishment of a residence.

September, 2020 2 (7) “U.S. Armed Forces” shall mean the U.S. Army, Navy, Air Force, Marine Corps, and Coast Guard.

(8) “Veteran” means:

(a) A former member of the U.S. Armed Forces; or (b) A former or current member of a reserve or Tennessee national guard unit who was called into active military service of the United States, as defined in Tennessee Code Annotated § 58-1-102.

History

• Authority: T.C.A. § 49-8-104; Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5; and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rules filed June 15, 2020; effective September 13, 2020.

Tenn. Comp. R. & Regs. 0240-05-05-.03 RULES FOR DETERMINATION OF STATUS

(1) Every person having his or her domicile in Tennessee shall be classified “in-state” for fee and tuition purposes and for admission purposes.

(2) Every person not having his or her domicile in Tennessee shall be classified “out-of-state” for fee and tuition purposes and for admission purposes.

(3) The domicile of an unemancipated person is that of his or her parent, except as provided in paragraph (4) of this Section .03. Unemancipated students of divorced parents shall be classified “in-state” when one (1) parent, regardless of custodial status, is domiciled in Tennessee, except as provided in paragraph (4) of this Section .03.

(4) A student shall be classified as “in-state” for fee and tuition purposes if the student is a citizen of the United States, has resided in Tennessee for at least one (1) year immediately prior to admission, and has:

(a) Graduated from a Tennessee public secondary school;

(b) Graduated from a private secondary school that is located in Tennessee; or (c) Earned a Tennessee high school equivalency diploma.

(5) The spouse of a student classified as “in-state” shall also be classified “in-state.”

(6) All classifications shall be subject to the Eligibility Verification for Entitlements Act, Tennessee Code Annotated §§ 4-58-101 et seq.

History

• Authority: T.C.A. § 49-8-104; Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5; and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rules filed June 15, 2020; effective September 13, 2020.

Tenn. Comp. R. & Regs. 0240-05-05-.04 OUT-OF-STATE STUDENTS WHO ARE NOT REQUIRED TO PAY OUT-OF-STATE

TUITION.

(1) An unemancipated, currently enrolled student in a higher educational institution shall be reclassified out-of-state should his or her parent, having theretofore been domiciled in Tennessee, relocate out-of-state. However, such student shall not be required to pay out-ofstate tuition nor be treated as an out-of-state student for admission purposes so long as his or her enrollment at a Public Higher Educational Institution or Institutions shall be continuous.

September, 2020 3 (2) An unemancipated person whose parent is not domiciled in Tennessee but is a member of the armed forces and stationed at Fort Campbell pursuant to military orders shall be classified outof-state, but shall not be required to pay out-of-state tuition. Such a person, while in continuous attendance toward the degree for which he or she is currently enrolled, shall not be required to pay out-of-state tuition if his or her parent thereafter is transferred on military orders.

(3) A person whose domicile is in a county of another state lying immediately adjacent to Montgomery County, or whose place of residence is within thirty (30) miles of Austin Peay State University shall be classified out-of-state but shall not be required to pay out-of-state tuition at Austin Peay State University.

(4) A person, who is not domiciled in Tennessee, but has a bona fide place of residence in a county which is adjacent to the Tennessee state line and which is also within a 30 mile radius (as determined by THEC) of a city containing a two-year institution, shall be classified out-of-state, but admitted at in-state tuition rate.

(a) The waiver of out-of-state tuition granted to a border county student at an admitting institution will follow the student only from a community college to the University if the student transfers from the community college after successfully completing an associate's degree unless this condition is waived by the community college as being in the student's best interest; provided, in any case the student must complete the general education requirement at the TBR community college.

(5) Part-time students who are not domiciled in Tennessee but who are employed full-time in the state, or who are stationed at Fort Campbell pursuant to military orders, shall be classified outof-state but shall not be required to pay out-of-state tuition. This shall apply to part-time students who are employed in the State by more than one employer, resulting in the equivalent of full-time employment.

(6) Military personnel and their spouses stationed in the State of Tennessee who would be classified out-of-state in accordance with other provisions of these regulations will be classified out-of-state but shall not be required to pay out-of-state tuition. This provision shall not apply to military personnel and their spouses who are stationed in Tennessee primarily for educational purposes.

(7) Dependent children who qualify and are selected to receive a scholarship because their parent is a law enforcement officer, fireman, or emergency medical service technician who was killed or totally and permanently disabled while performing duties within the scope of their employment shall not be required to pay out-of-state tuition.

(8) Active-duty military personnel who begin working on a college degree at a the University while stationed in Tennessee or at Fort Campbell, Kentucky, and who are transferred or deployed prior to completing their degrees, can continue to completion of the degrees at the University without being required to pay out-of-state tuition, as long as he/she completes at least one (1) course for credit each twelve (12) month period after the transfer or deployment. Exceptions may be made in cases where the service member is deployed to an area of armed conflict for periods exceeding twelve (12) months.

(9) Students who participate in a study abroad program, when the course/courses in the study abroad program is/are the only course/courses for which the student is registered during that term, shall not be required to pay out-of-state tuition.

(10) Students who are awarded tuition waiver scholarships for participation in bona fide campus performance-based programs, according to established guidelines, shall not be required to pay out-of-state tuition.

September, 2020 4 (11) A Veteran enrolled at the University shall not be required to pay out-of-state tuition or any outof-state fee, if the Veteran:

(a) Has not been dishonorably discharged from a branch of the United States armed forces or the national guard;

(b) Is eligible for Post-9/11 GI Bill benefits or Montgomery GI Bill benefits; and (c) Enrolls in the University, after satisfying all admission requirements, within three (3) years from the date of discharge as reflected on the veteran's certificate of release or discharge from active duty, Form DD-214, or an equivalent document.

1. To continue to qualify for in-state tuition and fees, a Veteran shall:

(i) Maintain continuous enrollment as defined by the University; and (ii) Demonstrate objective evidence of established residency in Tennessee by presenting at least two (2) of the following:

(I) Proof of voter registration in the state;

(II) A Tennessee driver license;

(III) A Tennessee motor vehicle registration;

(IV) Proof of established employment in Tennessee; or (V) Other documentation clearly evidencing domicile or residence in Tennessee, as determined by the Tennessee Higher Education Commission.

History

• Authority: T.C.A. §§ 49-4-704 and 49-7-1304; Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5; Public Acts of Tennessee, 1807, Chapter 64; 20 U.S.C. § 1015d; and 38 U.S.C. § 3679.
• Administrative History: Original rules filed June 15, 2020; effective September 13, 2020.

Tenn. Comp. R. & Regs. 0240-05-05-.05 PRESUMPTION

Unless the contrary appears from clear and convincing evidence, it shall be presumed that an emancipated person does not acquire domicile in Tennessee while enrolled as a full-time student at the University, as such status is defined by APSU.

History

• Authority: T.C.A. § 49-8-104; Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5; and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rules filed June 15, 2020; effective September 13, 2020.

Tenn. Comp. R. & Regs. 0240-05-05-.06 EVIDENCE TO CONSIDER FOR ESTABLISHMENT OF DOMICILE

If a person asserts that he or she has established domicile in Tennessee he or she has the burden of proving that he or she has done so. Such a person is entitled to provide to APSU by which he/she seeks to be classified or reclassified in-state, any and all evidence which he or she believes will sustain his or her burden of proof.

APSU will consider any and all evidence provided to it concerning such claim of domicile but will not treat any particular type or item of such evidence as conclusive evidence that domicile has or has not been established.

History

• Authority: T.C.A. § 49-8-104; Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5; and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rules filed June 15, 2020; effective September 13, 2020. September, 2020 5

Tenn. Comp. R. & Regs. 0240-05-05-.07 APPEAL

Initially, the Office of Admissions clerk is responsible for classifying applicants for admission or readmission as either "in-state" or "out-of-state." A decision by the Office of Admission clerk may be appealed in writing to the residency classification officer in the Office of Admissions on an Application for Residency Classification form.

Students currently/continually enrolled may appeal in writing to the residency classification officer in the Office of the Registrar on an Application for Residency Classification form. An appeal of the decision made by either office may be taken to the Residency Appeals Committee. Appointments for students to appear before the committee and copies of written appeals for committee members will be made by the Office of the Registrar. Appeals from students who appear will be heard before the committee. Appeal applications made in abstentia will be considered by the committee after consideration of in-person appeal appointments. Unless additional guests are requested in advance and approved by the committee chair, only the student may appear before the committee. Students may bring additional material to support their appeal at the committee meeting. The committee shall include five (5) faculty representatives (including the chair), two staff representatives, two (2) student representatives, as well as up to three (3) ex-officio members currently made up of the Coordinator of Graduate Admissions, the Director of Admissions, and the Registrar. The committee chair will prepare a record of the student appeals including the name of the student, the date of the committee meeting, the committee members present, name(s) of any other guest(s) and a statement of the resulting decision of the committee. A copy of this record will be kept in the student’s permanent file. The appealing student will be contacted by the Office of the Registrar and informed of the committee’s recommendation. A decision by the Residency Appeals Committee may be appealed in writing to the associate provost for enrollment management and academic support. All appeals must be received within five (5) class days of receipt by the student of the committee's decision. The decision of the associate provost will be final.

History

• Authority: T.C.A. § 49-8-104; Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5; and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rules filed June 15, 2020; effective September 13, 2020.

Tenn. Comp. R. & Regs. 0240-05-05-.08 EFFECTIVE DATE FOR RECLASSIFICATION

If a student classified out-of-state applies for in-state classification and subsequently is classified thusly, his or her in-state classification shall be effective as of the date on which reclassification was sought. However, out-of-state tuition will be charged for any term or semester during which reclassification is sought and obtained unless application for reclassification is made on or before the last day of registration prior to classes.

History

• Authority: T.C.A. § 49-8-104; Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5; and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rules filed June 15, 2020; effective September 13, 2020.

Chapter 0240-05-06 Title IX Compliance

Tenn. Comp. R. & Regs. 0240-05-06-.01 STATEMENT OF NONDISCRIMINATION ON THE BASIS OF SEX

(1) As required by law, no student, employee, or applicant for admission or employment will be excluded, on the basis of sex, from participation in, be denied the benefit of, or be subjected to discrimination under any Austin Peay State University education program or activity.

(2) If APSU has actual knowledge of sexual harassment in an education program or activity against a person in the United States, APSU will respond promptly in a manner that is not deliberately indifferent.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A) and 49-8-203(a).
• Administrative History: Emergency rules filed November 20, 2020; effective through May 19, 2021. Emergency rules expired effective May 20, 2021, and the rules reverted to their previous statuses. New rules filed July 21, 2021; effective October 19, 2021.

Tenn. Comp. R. & Regs. 0240-05-06-.02 DEFINITIONS

(1) Actual knowledge: notice of sexual harassment or allegations of sexual harassment to an APSU Title IX Coordinator or any APSU official who has authority to institute corrective measures on behalf of APSU. This definition is not met when the only APSU official with actual knowledge is also the respondent.

(2) Complainant: an individual who is alleged to be the victim of conduct that could constitute sexual harassment. Complainant does not mean the Title IX Coordinator when the Title IX Coordinator signs a formal complaint or is not otherwise an alleged victim of sexual harassment. References in this rule to the singular “complainant” include the plural, as applicable.

(3) Deliberately indifferent: a response that is clearly unreasonable in light of the known circumstances.

(4) Education program or activity: locations, events, or circumstances over which APSU exercised substantial control over both the respondent and the context in which the sexual harassment occurs, and also includes any building owned or controlled by a student organization that is officially recognized by APSU.

(5) Formal complaint: a document filed by a complainant or signed by the Title IX Coordinator alleging sexual harassment against a respondent and requesting APSU investigate the allegation of sexual harassment. As used in this definition, the phrase “document filed by a complainant” means a document or electronic submission that contains the complainant’s physical or digital signature, or otherwise indicates that the complainant is the person filing the formal complaint. Where the Title IX Coordinator signs a formal complaint, the Title IX Coordinator is not a complainant or otherwise a party.

(6) Hearing officer: the person who is the decision-maker with respect to the determination of responsibility after a live hearing. Hearing officer may also mean a committee that is the decision-maker with respect to the determination of responsibility after a live hearing. A hearing officer cannot be the same person(s) as the Title IX Coordinator or the investigator(s).

(7) Party: either complainant or respondent. References in this rule to the plural “parties” includes complainant and respondent.

(8) Respondent: an individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment. References in this rule to the singular “respondent” include the plural, as applicable.

(9) Sexual harassment: conduct on the basis of sex that satisfies one (1) or more of the following:

(a) An APSU employee conditioning the provision of an aid, benefit, or service of APSU on an individual’s participation in unwelcome sexual conduct;

(b) Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to APSU’s education program or activity; or (c) Sexual assault as defined by federal law, “dating violence” as defined by federal law, “domestic violence” as defined by federal or state law, or “stalking” as defined by federal law.

(10) Supportive measures: non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or the respondent before or after the filing of a formal complaint or where no formal complaint has been filed. Such measures are designed to restore or preserve equal access to APSU’s education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or APSU’s educational environment, or deter sexual harassment. Supportive measures may include but are not limited to counseling, adjustments for assignments or tests, extensions of deadlines or other course-related adjustments, academic support services such as tutoring, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus, providing or assisting in providing medical services, arranging a course re-take or withdraw from a class without penalty including ensuring that any changes do not adversely affect the student’s academic record, and other similar measures.

(11) Title IX Coordinator: the person designated and authorized by APSU to coordinate its efforts to comply with its Title IX responsibilities.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A) and 49-8-203(a).
• Administrative History: Emergency rules filed November 20, 2020; effective through May 19, 2021. Emergency rules expired effective May 20, 2021, and the rules reverted to their previous statuses. New rules filed July 21, 2021; effective October 19, 2021.

Tenn. Comp. R. & Regs. 0240-05-06-.03 GENERAL PROVISIONS RELATED TO REPORTING TITLE IX COMPLAINTS

(1) Any person may report sex discrimination, including sexual harassment (whether or not the person reporting is the person alleged to be the victim of conduct that could constitute sex discrimination or sexual harassment), in person, by mail, by telephone, or by electronic mail, using the contact information listed for the Title IX Coordinator, or by any other means that results in the Title IX Coordinator receiving the person’s verbal or written report.

(2) Such a report may be made at any time (including during non-business hours) by using the telephone number or electronic mail address, or by mail to the office address listed for the Title IX Coordinator.

(3) A complainant may file a formal complaint with the Title IX Coordinator in person, by mail, or by electronic mail, using the contact information listed for the Title IX Coordinator or by any additional method APSU designates. At the time of filing a formal complaint, a complainant must be participating in or attempting to participate in an APSU education program or activity in the United States.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A) and 49-8-203(a).
• Administrative History: Emergency rules filed November 20, 2020; effective through May 19, 2021. Emergency rules expired effective May 20, 2021, and the rules reverted to their previous statuses. New rules filed July 21, 2021; effective October 19, 2021.

Tenn. Comp. R. & Regs. 0240-05-06-.04 RESERVED

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A) and 49-8-203(a).
• Administrative History: Emergency rules filed November 20, 2020; effective through May 19, 2021. Emergency rules expired effective May 20, 2021, and the rules reverted to their previous statuses. New rules filed July 21, 2021; effective October 19, 2021. New rule expired pursuant to Chapter 1024, § 1 of the 2022 Public Acts, effective May 11, 2022, and the rule reverted to reserved status.

Tenn. Comp. R. & Regs. 0240-05-06-.05 RESPONSE TO COMPLAINTS OF SEXUAL HARASSMENT

(1) If APSU has actual knowledge of sexual harassment in an education program or activity committed against a person while in the United States, APSU will respond promptly in a manner that is not deliberately indifferent and follow its grievance process.

(2) APSU will treat complainants and respondents equitably by offering supportive measures to a complainant, and in cases where a formal complaint is filed, will follow its grievance process before the imposition of any disciplinary sanctions or other actions that are not supportive measures against a respondent.

(3) The Title IX Coordinator will promptly contact the complainant to discuss the availability of supportive measures, consider the complainant’s wishes with respect to supportive measures, inform the complainant of the availability of supportive measures with or without the filing of a formal complaint, and explain to the complainant the process for filing a formal complaint.

(4) The Title IX Coordinator is responsible for coordinating the effective implementation of supportive measures.

(5) APSU may remove a respondent from an education program or activity on an emergency basis only after undertaking an individualized safety and risk analysis, determining that an immediate threat to the physical health or safety of any student or other individual arising from the allegations of sexual harassment justifies removal, and providing the respondent with notice and an opportunity to challenge the decision immediately following the removal.

(6) APSU may place a non-student employee respondent on administrative leave during the pendency of a grievance process.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A) and 49-8-203(a).
• Administrative History: Emergency rules filed November 20, 2020; effective through May 19, 2021. Emergency rules expired effective May 20, 2021, and the rules reverted to their previous statuses. New rules filed July 21, 2021; effective October 19, 2021.

Tenn. Comp. R. & Regs. 0240-05-06-.06 CONFIDENTIALITY

(1) APSU will keep confidential the identity of any individual who has made a report or complaint of sex discrimination, including any individual who has made a report or filed a formal complaint, any complainant, any individual who has been reported to be the perpetrator of sex discrimination, any respondent and any witness, except as may be permitted or required by federal or state law, or to carry out the purposes of this rule and attendant policies, including the conduct of any investigation, hearing, or judicial proceeding arising thereunder.

(2) APSU will utilize good faith efforts to maintain as confidential any supportive measures provided to the complainant or respondent, to the extent that maintaining such confidentiality does not impair APSU’s ability to provide the supportive measures.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A) and 49-8-203(a).
• Administrative History: Emergency rules filed November 20, 2020; effective through May 19, 2021. Emergency rules expired effective May 20, 2021, and the rules reverted to their previous statuses. New rules filed July 21, 2021; effective October 19, 2021.

Tenn. Comp. R. & Regs. 0240-05-06-.07 WRITTEN NOTICE TO THE PARTIES UPON RECEIPT OF A FORMAL COMPLAINT

(1) When a formal complaint is filed, APSU will provide parties with a written notice of its grievance process, including any informal resolution process(es).

(2) APSU will provide written notice of the allegations potentially constituting sexual harassment, including sufficient details known at the time and with sufficient time to prepare a response before any initial interview. Sufficient details include the identities of the parties involved in the incident, if known, the conduct allegedly constituting sexual harassment, and the date and location of the alleged incident, if known.

(3) APSU’s written notice will include a statement that:

(a) The respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the grievance process;

(b) The parties may have an advisor of their choice, who may be, but is not required to be, an attorney;

(c) The parties may inspect and review evidence; and (d) Identifies any provision in its codes of conduct that prohibits knowingly making false statements or knowingly submitting false information during the grievance process.

(4) If, in the course of an investigation, APSU decides to investigate allegations about the complainant or respondent that are not included in the initial written notice, APSU will provide notice of the additional allegations to the parties whose identities are known.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A) and 49-8-203(a).
• Administrative History: Emergency rules filed November 20, 2020; effective through May 19, 2021. Emergency rules expired effective May 20, 2021, and the rules reverted to their previous statuses. New rules filed July 21, 2021; effective October 19, 2021.

Tenn. Comp. R. & Regs. 0240-05-06-.08 INVESTIGATIONS OF FORMAL COMPLAINTS

(1) APSU will investigate, to the extent necessary or possible, the allegations in a formal complaint.

(2) If the conduct alleged in a formal complaint would not constitute sexual harassment even if proved, did not occur in APSU’s education program or activity, or did not occur against a person while in the United States, APSU will dismiss the formal complaint with regard to that conduct for purposes of sexual harassment under Title IX; such a dismissal does not, however, preclude action under another provision of APSU’s codes of conduct or other related rules or policies.

(3) APSU may dismiss a formal complaint or any allegations therein, if at any time during the investigation a complainant notifies the Title IX Coordinator in writing that the complainant would like to withdraw the formal complaint or any allegations therein, the respondent is no longer enrolled or employed by APSU; or specific circumstances prevent APSU from gathering evidence sufficient to reach a determination as to the formal complaint or allegations therein.

(4) If APSU dismisses a formal complaint during the investigation phase, APSU will promptly send written notice of the dismissal and reason(s) therefor simultaneously to the parties.

(5) APSU may consolidate formal complaints as to allegations of sexual harassment against more than one (1) respondent, or by more than one (1) complainant against one (1) or more respondents, or by one (1) party against the other party, where the allegations of sexual harassment arise out of the same facts or circumstances.

(6) The burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility rest on APSU and not on the parties.

(7) APSU will not access, consider, disclose, or otherwise use a party’s records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the professional’s or paraprofessional’s capacity, or assisting in that capacity, and are made and maintained in connection with the provision of treatment to the party, unless APSU obtains that party’s voluntary, written consent to do so for a grievance process.

(8) APSU will provide an equal opportunity for the parties to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence.

(9) APSU will not restrict the ability of either party to discuss the allegations under investigation or to gather and present relevant evidence.

(10) APSU will provide the parties with the same opportunities to have others present during any interview or investigative process, including the opportunity to be accompanied to any related investigation meeting by the advisor of their choice, who may be, but is not required to be, an attorney.

(11) APSU will not limit the choice or presence of an advisor for either the complainant or respondent in any investigative meeting; however, APSU may establish restrictions regarding the extent to which the advisor may participate in the proceedings, as long as the restrictions apply equally to both parties.

(12) APSU will provide to a party whose participation is invited or expected, written notice of the date, time, location, participants, and purpose of all investigative interviews, or other meetings with a party, with sufficient time for the party to prepare to participate.

(13) APSU will provide both parties an equal opportunity to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in a formal complaint, including the evidence upon which APSU does not intend to rely in reaching a determination regarding responsibility and inculpatory or exculpatory evidence whether obtained from a party or other source, so that each party can meaningfully respond to the evidence prior to conclusion of the investigation.

(14) Prior to completion of the investigative report, APSU will send to each party and the party’s advisor, if any, the evidence subject to inspection and review in an electronic format or a hard copy.

(15) APSU will allow the parties ten (10) business days to submit a written response, which the investigator will consider prior to completion of the investigative report.

(16) APSU will create an investigative report that fairly summarizes relevant evidence.

(17) At least ten (10) business days prior to a hearing or other time of determination regarding responsibility, APSU will send the investigative report in electronic format or a hard copy to each party and the party’s advisor, if any, for their review and written response to the investigative report.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A) and 49-8-203(a).
• Administrative History: Emergency rules filed November 20, 2020; effective through May 19, 2021. Emergency rules expired effective May 20, 2021, and the rules reverted to their previous statuses. New rules filed July 21, 2021; effective October 19, 2021.

Tenn. Comp. R. & Regs. 0240-05-06-.09 GRIEVANCE PROCESS FOR FORMAL COMPLAINTS

(1) APSU will apply its grievance procedures and requirements equally to both parties.

(2) During the course of the grievance process, APSU will treat complainants and respondents equitably by providing remedies to a complainant where a determination of responsibility for sexual harassment has been made against the respondent, and by following its grievance process before the imposition of any disciplinary sanctions or other actions that are not supportive measures against a respondent.

(3) APSU will design remedies to restore or preserve equal access to APSU’s education program or activity. Such remedies may include supportive measures; however, remedies need not be non-disciplinary or non-punitive and need not avoid burdening the respondent.

(4) APSU will ensure that the Title IX Coordinator, investigator, hearing officer, or decision-maker does not have a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent.

(5) APSU will require an objective evaluation of all relevant evidence - including both inculpatory and exculpatory evidence - and prohibit credibility determinations based on a person’s status as a complainant, respondent, or witness.

(6) APSU will presume that the respondent is not responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of the grievance process.

(7) APSU will apply a preponderance of the evidence standard for all formal complaints.

(8) APSU will require the grievance process, including the appeal process, to conclude within a reasonably prompt time frame.

(9) APSU will provide the range of possible disciplinary sanctions and remedies or list the possible disciplinary sanctions and remedies that APSU may implement following any determination of responsibility.

(10) APSU will describe the range of supportive measures available to complainants and respondents.

(11) APSU will provide the parties with the same opportunities to have others present during any grievance proceeding, including the opportunity to be accompanied to any related meeting or proceeding by the advisor of their choice, who may be, but is not required to be, an attorney.

(12) APSU will not limit the choice or presence of advisor for either the complainant or respondent in any grievance proceeding; however, APSU may establish restrictions regarding the extent to which the advisor may participate in the proceedings, as long as the restrictions apply equally to both parties.

(13) APSU will provide to a party whose participation is invited or expected, written notice of the date, time, location, participants, and purpose of all proceedings or hearings, or other meetings with a party, with sufficient time for the party to prepare to participate.

(14) APSU will appoint a hearing officer that meets the training requirements set forth in T.C.A. § 4- 5-324.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A) and 49-8-203(a).
• Administrative History: Emergency rules filed November 20, 2020; effective through May 19, 2021. Emergency rules expired effective May 20, 2021, and the rules reverted to their previous statuses. New rules filed July 21, 2021; effective October 19, 2021.

Tenn. Comp. R. & Regs. 0240-05-06-.10 HEARING OF FORMAL COMPLAINTS

(1) APSU will conduct a live hearing of formal complaints not dismissed pursuant to this rule.

(2) At the request of either party, APSU will provide for the live hearing to occur with the parties located in separate rooms with technology enabling the hearing officer and parties to simultaneously see and hear the party or the witness answering questions.

(3) Live hearings may be conducted with all parties physically present in the same geographic location or, at APSU’s discretion, any or all parties, witnesses, and other participants may appear at the live hearing virtually, with technology enabling participants simultaneously to see and hear each other.

(4) At least seventy-two (72) hours prior to a live hearing, APSU will provide both parties with written notice of the following:

(a) The time, place, date of the hearing, and electronic access information, if applicable;

(b) The name of each witness APSU expects to present at the hearing and those APSU may present if the need arises;

(c) The right to request a copy of the investigative file; and (d) The right to request copies of all documents, copies of all electronically stored information, and access to tangible evidence that APSU has in its possession, custody, or control and may use to support claims or defenses.

(5) When notice is sent by United States mail or courier service, the notice is effective on the date that the notice is mailed or delivered to the courier service. When notice is hand delivered to the parties from APSU, notice is effective on the date that the notice is delivered to the parties.

When notice is sent by email, the notice is effective on the date that the email is sent to the parties’ APSU-provided email account.

(6) The hearing officer may allow a temporary delay of the grievance process or the limited extension of time frames for good cause with written notice to the complainant and the respondent of the delay or extension and the reasons for the action. Good cause may include but is not limited to considerations such as the absence of a party, a party’s advisor, or a witness, concurrent law enforcement activity, or the need for language assistance or accommodation of disabilities.

(7) In cases that involve more than one (1) respondent, the hearing officer may, consistent with the requirements of Title IX, consider whether separate proceedings are necessary to avoid undue prejudice to the respondents.

(8) During the hearing, the hearing officer will make evidence subject to review and inspection during the investigation phase available to give each party equal opportunity to refer to that evidence, including for purposes of cross-examination.

(9) Questions and evidence about the complainant’s sexual predisposition or prior sexual behavior are not relevant, unless such questions and evidence about the complainant’s prior sexual behavior are offered to prove that someone other than the respondent committed the conduct alleged by the complainant, or if the questions and evidence concern specific incidents of the complainant’s prior sexual behavior with respect to the respondent and are offered to prove consent.

(10) Only relevant cross examination and other questions may be asked of a party or witness.

Before a complainant, respondent, or witness answers a cross-examination or other question, the hearing officer will first determine whether the question is relevant and explain any decision to exclude a question as not relevant.

(11) The hearing officer will not require, allow, rely upon, or otherwise use questions or evidence that constitute, or seek disclosure of, information protected under a legally recognized privilege, unless the person holding such privilege has waived the privilege.

(12) Notwithstanding any limitations to the contrary that APSU has placed on the advisor’s participation in the hearing, the hearing officer will permit each party’s advisor to ask the other party and any witnesses all relevant questions and follow-up questions, including those challenging credibility. Such cross-examination at the live hearing will be conducted directly, orally, and in real time by the party’s advisor of choice and never by a party personally.

(13) If a party does not have an advisor at the live hearing, APSU will provide without fee or charge to that party an advisor of APSU’s choice, who may be, but is not required to be, an attorney, to conduct cross-examination on behalf of that party.

(14) If a party or witness does not submit to cross-examination at the live hearing, the hearing officer will not rely on any statement of that party or witness in reaching a determination regarding responsibility; provided, however, that the hearing officer cannot draw an inference about the determination regarding responsibility based solely on a party’s or witness’s absence from the live hearing or refusal to answer cross-examination or other questions.

(15) APSU will create an audio or audiovisual recording, or transcript, of any live hearing and make it available to the parties for inspection and review.

(16) The hearing officer may dismiss the formal complaint or any allegations therein, if at any time during the hearing a complainant notifies the Title IX Coordinator in writing that the complainant would like to withdraw the formal complaint or any allegations therein, the respondent is no longer enrolled or employed by APSU, or specific circumstances prevent APSU from gathering evidence sufficient to reach a determination as to the formal complaint or allegations therein.

(17) If the hearing officer dismisses the formal complaint during the grievance process, the hearing officer will promptly notify the Title IX Coordinator who will promptly send written notice of the dismissal and reason(s) therefor simultaneously to the parties.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A) and 49-8-203(a).
• Administrative History: Emergency rules filed November 20, 2020; effective through May 19, 2021. Emergency rules expired effective May 20, 2021, and the rules reverted to their previous statuses. New rules filed July 21, 2021; effective October 19, 2021.

Tenn. Comp. R. & Regs. 0240-05-06-.11 DETERMINATION REGARDING RESPONSIBILITY

(1) The hearing officer will issue a written determination simultaneously to the complainant and respondent regarding responsibility, using a preponderance of evidence to reach a determination.

(2) The written determination must include:

(a) Identification of allegations potentially constituting sexual harassment;

(b) A description of the procedural steps taken from the receipt of the formal complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and hearings held;

(c) Findings of fact supporting the determination;

(d) Conclusions regarding the application of APSU’s rule, policy, and, if applicable, code of conduct to the facts;

(e) A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any disciplinary sanctions APSU imposes on the respondent, and whether remedies designed to restore or preserve equal access to APSU’s education program or activity will be provided to the complainant; and (f) APSU’s procedures and permissible bases for the complainant and/or respondent to appeal.

(3) Either party may submit a written statement in support of the outcome to the Title IX Coordinator within ten (10) business days of the date of the determination or dismissal.

(4) The Title IX Coordinator will be responsible for effective implementation of any remedies.

(5) The determination regarding responsibility becomes final either on the date that APSU provides the parties with the written appeal decision, if an appeal is filed, or if an appeal is not filed, the date on which an appeal would no longer be considered timely.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A) and 49-8-203(a).
• Administrative History: Emergency rules filed November 20, 2020; effective through May 19, 2021. Emergency rules expired effective May 20, 2021, and the rules reverted to their previous statuses. New rules filed July 21, 2021; effective October 19, 2021.

Tenn. Comp. R. & Regs. 0240-05-06-.12 APPEAL OF DETERMINATION OF RESPONSIBILITY OR DISMISSAL OF FORMAL

COMPLAINT.

(1) Both parties may appeal a determination regarding responsibility or the dismissal of a formal complaint or any allegations therein, only on the following bases:

(a) Procedural irregularity that affected the outcome of the matter;

(b) New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made and that could affect the outcome of the matter; and (c) The Title IX Coordinator, investigator(s), or hearing officer had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the outcome of the matter.

(2) A party wishing to appeal a determination regarding responsibility or the dismissal of a formal complaint or any allegations therein must file a written appeal with the Title IX Coordinator within ten (10) business days of the date of the determination or the dismissal. The written appeal must identify the basis or bases for the appeal and explain with specificity the facts supporting the basis or bases of the appeal.

(3) As to all appeals, the Title IX Coordinator will (a) Notify the other party in writing when an appeal is filed and implement appeal procedures equally for both parties;

(b) Ensure that the decision-maker(s) for the appeal is not the same person as any investigator(s) or the hearing officer that reached the determination regarding responsibility or dismissal, the investigator(s), or the Title IX Coordinator;

(c) Ensure that the decision-maker(s) for the appeal meets the training requirements as required by Title IX and state law.

(4) Within a reasonable time, the decision-maker(s) will issue a written appeal decision describing the result of the appeal and the rationale for the result.

(5) The Title IX Coordinator will provide the written appeal decision simultaneously to both parties.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A) and 49-8 203(a).
• Administrative History: Emergency rules filed November 20, 2020; effective through May 19, 2021. Emergency rules expired effective May 20, 2021, and the rules reverted to their previous statuses. New rules filed July 21, 2021; effective October 19, 2021.

Tenn. Comp. R. & Regs. 0240-05-06-.13 INFORMAL RESOLUTION PROCESS

(1) APSU will not require as a condition of enrollment or continuing enrollment, or employment or continuing employment, or enjoyment of any other right, waiver of the right to an investigation and adjudication of formal complaints of sexual harassment.

(2) APSU will not require the parties to participate in an informal resolution process and may not offer an informal resolution process unless a formal complaint is filed. However, at any time prior to reaching a determination regarding responsibility, APSU may facilitate an informal resolution process, such as mediation, that does not involve a full investigation and adjudication, but only if APSU (a) Provides to the parties a written notice disclosing the allegations, the requirements of the informal resolution process including the circumstances under which it precludes the parties from resuming a formal complaint arising from the same allegations;

(b) Any consequences resulting from participating in the informal resolution process, including the records that will be maintained or could be shared;

(c) Obtains the parties’ voluntary, written consent to the informal resolution process; and (d) Does not offer or facilitate an informal resolution process to resolve allegations that an employee sexually harassed a student.

(3) At any time prior to agreeing to a resolution, any party has the right to withdraw from the informal resolution process and resume the grievance process with respect to the formal complaint.

(4) APSU will ensure that an individual designated to facilitate an informal resolution process does not have a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent.

(5) APSU will require an informal resolution process to conclude within a reasonably prompt time frame.

History

• Authority: T.C.A §§ 49-8-101(a)(2)(A) and 49-8-203(a).
• Administrative History: Emergency rules filed November 20, 2020; effective through May 19, 2021. Emergency rules expired effective May 20, 2021, and the rules reverted to their previous statuses. New rules filed July 21, 2021; effective October 19, 2021.

Tenn. Comp. R. & Regs. 0240-05-06-.14 RETALIATION

(1) Intimidation, threats, coercion, or discrimination, including charges against an individual for code of conduct violations that do not involve sex discrimination or sexual harassment, but arise out of the same facts or circumstances as a report or complaint of sex discrimination, or a report or formal complaint of sexual harassment, for the purpose of interfering with any right or privilege secured by Title IX or this rule, constitutes retaliation.

(2) The exercise of rights protected under the First Amendment does not constitute retaliation.

(3) Charging an individual with a code of conduct violation for making a materially false statement in bad faith in the course of a grievance process does not constitute retaliation, provided, however, that a determination regarding responsibility, alone, is not sufficient to conclude that any party made a materially false statement in bad faith.

History

• Authority: T.C.A §§ 49-8-101(a)(2)(A) and 49-8-203(a).
• Administrative History: Emergency rules filed November 20, 2020; effective through May 19, 2021. Emergency rules expired effective May 20, 2021, and the rules reverted to their previous statuses. New rules filed July 21, 2021; effective October 19, 2021.

Tenn. Comp. R. & Regs. 0240-05-06-.15 TRAINING RELATED TO SEXUAL HARASSMENT

(1) APSU will ensure that its Title IX Coordinator, investigators, hearing officers, decision-makers, and any person who facilitates an informal resolution process receive training on this rule’s definition of sexual harassment, the scope of APSU’s education program or activity, how to conduct an investigation and grievance process including hearings, appeals, and informal resolution processes, as applicable, and how to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest, and bias.

(2) Such training will satisfy the requirements of Title IX and be developed or conducted consistent with the requirements of state law, including but not limited to T.C.A. § 4-5-324.

(3) APSU will ensure that hearing officers receive training on any technology to be used at a live hearing.

(4) APSU will ensure that hearing officers receive training on issues of relevance of questions and evidence, including when questions and evidence about the complainant’s sexual predisposition or prior sexual behavior are not relevant.

(5) APSU will ensure that investigators receive training on issues of relevance to create an investigative report that fairly summarizes relevant evidence.

(6) APSU will ensure that any materials used to train Title IX Coordinators, investigators, hearing officers, decision-makers, and any person who facilitates an informal resolution process promote impartial investigations and adjudications of formal complaints and do not rely on sex stereotypes.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A) and 49-8-203(a).
• Administrative History: Emergency rules filed November 20, 2020; effective through May 19, 2021. Emergency rules expired effective May 20, 2021, and the rules reverted to their previous statuses. New rules filed July 21, 2021; effective October 19, 2021. 0240-05-06.-16 EFFECT OF OTHER REQUIREMENTS. (1) APSU will not restrict any rights protected from government action by the First Amendment of the U.S. Constitution, deprive a person of any rights that would otherwise be protected from government action under the Due Process Clauses of the Fifth and Fourteenth Amendments of the U.S. Constitution, or restrict any other rights guaranteed against government action by the U.S. Constitution or State of Tennessee Constitution. Authority: T.C.A. §§ 49-8-101(a)(2)(A) and 49-8-203(a).

Tenn. Comp. R. & Regs. 0240-05-06-.17 RECORD RETENTION AND DISPOSITION

(1) APSU will retain and dispose of records related to Title IX matters as required by federal and state laws and regulations.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A) and 49-8-203(a).
• Administrative History: Emergency rules filed November 20, 2020; effective through May 19, 2021. Emergency rules expired effective May 20, 2021, and the rules reverted to their previous statuses. New rules filed July 21, 2021; effective October 19, 2021.

Tenn. Comp. R. & Regs. 0240-05-06-.18 SEVERABILITY

(1) If any provision of this rule or its application to any person, act, or practice is held invalid as to APSU, the remainder of the rule or the application of its provisions to any person, act, or practice shall not be affected thereby.

(2) If any provision of the Title IX regulations on which this rule is based is enjoined or held invalid and applies to APSU or the Title IX regulations’ application to any person, act, or practice is enjoined or held invalid and applies to APSU, the remainder of this rule or the application of its provisions to any person, act, or practice shall not be affected thereby.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A) and 49-8-203(a).
• Administrative History: Emergency rules filed November 20, 2020; effective through May 19, 2021. Emergency rules expired effective May 20, 2021, and the rules reverted to their previous statuses. New rules filed July 21, 2021; effective October 19, 2021.

Chapter 0240-05-07 Use of Unmanned Aircraft Systems (UAS)

Tenn. Comp. R. & Regs. 0240-05-07-.01 SCOPE

(1) This rule applies to all Austin Peay State University operations within the U.S. and where the Federal Aviation Administration (FAA) has authority. This includes, but is not limited to: faculty, staff, students, volunteers, clubs, and similar organizations and individuals who are operating or planning to operate Unmanned Aircraft Systems (UAS—also commonly referred to as drones) as part of their university employment or as part of any university-related research or activity.

(2) This rule also applies to any third party or hobbyist that may operate a drone on or over university facilities with approval from the Public Relations and Marketing office. All persons operating UAS on, over, or near university facilities are responsible for complying with FAA, federal, state, and local regulations as well as applicable university policies, including this rule, at all times.

History

• Authority: T.C.A. § 49-8-203(a).
• Administrative History: New rules filed July 28, 2022; effective October 26, 2022.

Tenn. Comp. R. & Regs. 0240-05-07-.02 DEFINITIONS

(1) Drones: An unmanned aircraft and its associated elements (including communication links and the components that control the unmanned aircraft) that are required for the operator to safely and efficiently fly in the national airspace system weighing less than fifty-five (55) pounds.

(2) FAA: Federal Aviation Administration (3) University Facilities: As used in these regulations, the term “University Facility” or “University Facilities” means any building or structure or any improved or unimproved land, or any part of any such building, structure, or land, which is owned, used, leased, controlled, or occupied by Austin Peay State University.

(4) Unmanned Aircraft Systems (UAS): Any remotely operated or controlled unmanned aircraft intended to fly within the National Aerospace System. Includes devices commonly referred to as drones (including communications support and navigational equipment). FAA regulations apply to all types of UAS regardless of weight or size.

History

• Authority: T.C.A. § 49-8-203(a).
• Administrative History: New rules filed July 28, 2022; effective October 26, 2022.

Tenn. Comp. R. & Regs. 0240-05-07-.03 GENERAL POLICY STATEMENT

(1) Austin Peay State University shall follow all rules of the Federal Aviation Administration (FAA) regarding the use of remotely piloted Unmanned Aircraft Systems (UAS), also commonly referred to as drones, as well as assist in reasonably ensuring the safety and privacy of October, 2022 2 students, faculty, staff and visitors, while also encouraging learning, as it relates to UAS use on the campuses owned or occupied by Austin Peay State University, to the best of its ability.

History

• Authority: T.C.A. § 49-8-203(a).
• Administrative History: New rules filed July 28, 2022; effective October 26, 2022.

Tenn. Comp. R. & Regs. 0240-05-07-.04 ENFORCEMENT

(1) Any operation or use of a drone that violates FAA regulations or laws is prohibited and it is the responsibility of the operator to ensure compliance with all such regulations or laws. Failing to comply with any of these various regulations may result in significant fines and significant personal liability to the operator.

(2) Any operation or use of a UAS that violates University policy will be reported to APSU Department of Public Safety as a violation of University rules, and the operator may be subject to applicable disciplinary sanctions, reporting requirements, or other legal sanctions. They will also be placed on a banned pilots list maintained by the Public Relations and Marketing office of the University.

(3) Any UAS that is flown in violation of University policy or rules may be confiscated by the APSU Department of Public Safety. Any confiscated UAS may be returned to the owner upon request at the end of each semester or at the discretion of the APSU Department of Public Safety.

(4) All operators covered by this rule shall apply for approval to APSU’s Public Relations and Marketing office for any drone activity at least fourteen (14) calendar days prior to the first drone flight. The Public Relations and Marketing office will keep a registry of approved UAS operators. Previously approved operators must also apply for approval seven (7) calendar days prior to each planned flight unless otherwise approved by the Public Relations and Marketing office. For information on how to apply for approval, or other procedural information, please refer to the APSU Public Relations and Marketing website.

History

• Authority: T.C.A. § 49-8-203(a).
• Administrative History: New rules filed July 28, 2022; effective October 26, 2022.

Chapter 0240-06-01 Title IX Compliance

Tenn. Comp. R. & Regs. 0240-06-01-.01 DEFINITIONS

(1) Actual knowledge: notice of sexual harassment or allegations of sexual harassment to ETSU’s Title IX Coordinator or any ETSU official who has authority to institute corrective measures on behalf of ETSU or to any employee of an elementary or secondary school. Imputation of knowledge based solely on vicarious liability or constructive notice is insufficient to constitute actual knowledge. This definition is not met when the only ETSU official with actual knowledge is also the respondent.

(2) Complainant: an individual who is alleged to be the victim of conduct that could constitute sexual harassment. References in this rule to the singular “complainant” include the plural, as applicable.

(3) Deliberately indifferent: a response that is clearly unreasonable considering the known circumstances.

(4) Education program or activity: locations, events, or circumstances where ETSU exercised substantial control over both the respondent and the context in which the sexual harassment occurs, including but not limited to any building owned or controlled by a student organization that is officially recognized by ETSU as well as any building in which University School is located.

(5) Elementary and secondary school: The terms “elementary school and secondary school” mean University School.

(6) Formal complaint: a document filed and signed by a complainant or signed by the Title IX Coordinator alleging sexual harassment against a respondent and requesting ETSU investigate the allegation of sexual harassment. As used in this definition, the phrase “document filed by a complainant” means a document or electronic submission that contains the complainant’s physical or digital signature, or otherwise indicates that the complainant is the person filing the formal complaint.

(7) Hearing officer: the person who is the decision-maker with respect to the determination of responsibility after a live hearing. Hearing officer may also mean a committee that is the decision-maker with respect to the determination of responsibility after a live hearing. A hearing officer cannot be the same person(s) as the Title IX Coordinator or the investigator(s). A hearing officer may be, but is not limited to, an Administrative Law Judge or other person specially trained to conduct live hearings of sexual harassment complaints.

(8) Live hearing: a face-to-face proceeding before a hearing officer during which the parties may present evidence and cross-examine witnesses. Live hearing includes a hearing conducted via a live videoconferencing system. Live hearings may be conducted with all parties physically present in the same geographic location or, at ETSU’s discretion, any or all parties, witnesses, and other participants may appear at the live hearing virtually, with technology enabling participants simultaneously to see and hear each other.

(9) Notice: the provision of information by United States Mail, courier service, or e-mail. When notice is sent by United States mail or courier service, the notice is effective on the date that the notice is mailed or delivered to the courier service. When notice is hand delivered to the parties from the institution, notice is effective on the date that the notice is delivered to the parties. When notice is sent by email, the notice is effective on the date that the email is sent to the parties’ institution-provided email account.

(10) Party: either complainant or respondent. References in this rule to the plural “parties” include complainant and respondent.

(11) Respondent: an individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment. References in this rule to the singular “respondent” include the plural, as applicable.

(12) Sexual harassment: conduct because of sex that satisfies one (1) or more of the following:

(a) An ETSU employee conditioning the provision of an aid, benefit, or service of ETSU on an individual’s participation in unwelcome sexual conduct;

(b) Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to ETSU’s education program or activity; or (c) Sexual assault as defined by federal law, “dating violence” as defined by federal law, “domestic violence” as defined by federal or state law, or “stalking” as defined by federal law, as follows:

1. Sexual assault means any nonconsensual sexual act proscribed by state or Federal law, including when the victim lacks capacity to consent.

2. Dating violence means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim, as determined by the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.

3. Domestic violence means violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, or by a person similarly situated to a spouse of the victim under the domestic- or family- violence laws of the state of Tennessee.

4. Stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to – (A) fear for his or her safety or the safety of others or (B) suffer substantial emotional distress.

(13) Supportive measures: non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or the respondent before or after the filing of a formal complaint or where no formal complaint has been filed. Such measures are designed to restore or preserve equal access to ETSU’s education program(s) or activities without unreasonably burdening the other party, including measures designed to protect the safety of all parties or ETSU’s educational environment, or deter sexual harassment. Supportive measures may include but are not limited to counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures.

(14) Title IX Coordinator: the person designated and authorized by ETSU to coordinate its efforts to comply with its Title IX responsibilities.

History

• Authority: T. C.A. §§ 49-8-101(a)(2)(A), 49-8-203(a)(1)(D), and 49-8-203(a)(4).
• Administrative History: Emergency rules filed August 14, 2020; effective through February 10, 2021. Emergency rules expired effective February 11, 2021, and the rules reverted to their previous statuses. New rules filed May 4, 2021; effective August 2, 2021.

Tenn. Comp. R. & Regs. 0240-06-01-.02 STATEMENT OF NONDISCRIMINATION ON THE BASIS OF SEX

(1) As required by law, no student, employee, or applicant for admission or employment will be excluded, on the basis of sex, from participation in, be denied the benefit of, or be subjected to discrimination under any ETSU education program or activity.

(2) If ETSU has actual knowledge of sexual harassment in an education program or activity against a person, ETSU will respond promptly in a manner that is not deliberately indifferent.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A), 49-8-203(a)(1)(D), and 49-8-203(a)(4).
• Administrative History: Emergency rules filed August 14, 2020; effective through February 10, 2021. Emergency rules expired effective February 11, 2021, and the rules reverted to their previous statuses. New rules filed May 4, 2021; effective August 2, 2021.

Tenn. Comp. R. & Regs. 0240-06-01-.03 NOTIFICATION AND PUBLICATION REQUIREMENTS

(1) ETSU will notify applicants for admission and employment, students, employees, and legal guardians of elementary and secondary school students that it does not discriminate on the

basis of sex in its education programs or activities and will provide the name, title, office address, electronic mail address, and telephone number of the Title IX Coordinator in that notification.

(2) ETSU will notify applicants for admission and employment, students, and employees that inquiries about the application of Title IX may be referred to the Title IX Coordinator, to the Department of Education, or both.

(3) ETSU will provide applicants for admission and employment, students, and employees notice of its grievance process, including how to report or file a complaint of sex discrimination, how to report or file a formal complaint of sexual harassment, and how ETSU will respond.

(4) ETSU will prominently display the contact information for the Title IX Coordinator, its Title IX policies and procedures, and training materials as required by Title IX on its website and in each handbook or catalog that it makes available to applicants for admission and employment, students, and employees.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A), 49-8-203(a)(1)(D), and 49-8-203(a)(4).
• Administrative History: Emergency rules filed August 14, 2020; effective through February 10, 2021. Emergency rules expired effective February 11, 2021, and the rules reverted to their previous statuses. New rules filed May 4, 2021; effective August 2, 2021.

Tenn. Comp. R. & Regs. 0240-06-01-.04 GENERAL PROVISIONS RELATED TO REPORTING TITLE IX COMPLAINTS

(1) Any person may report sex discrimination, including sexual harassment (whether or not the person reporting is the person alleged to be the victim of conduct that could constitute sex discrimination or sexual harassment), in person, by mail, by telephone, or by electronic mail, using the contact information listed for the Title IX Coordinator, or by any other means that results in the Title IX Coordinator receiving the person’s verbal or written report.

(2) Such a report may be made at any time (including during non-business hours) by using the telephone number or electronic mail address, or by mail to the office address listed for the Title IX Coordinator.

(3) A complainant may file a formal complaint with the Title IX Coordinator in person, by mail, or by electronic mail, using the contact information listed for the Title IX Coordinator or by any additional method ETSU designates. At the time of filing a formal complaint, a complainant must be participating in or attempting to participate in an ETSU education program or activity.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A), 49-8-203(a)(1)(D), and 49-8-203(a)(4).
• Administrative History: Emergency rules filed August 14, 2020; effective through February 10, 2021. Emergency rules expired effective February 11, 2021, and the rules reverted to their previous statuses. New rules filed May 4, 2021; effective August 2, 2021.

Tenn. Comp. R. & Regs. 0240-06-01-.05 ETSU’S RESPONSE TO COMPLAINTS OF SEX DISCRIMINATION

(1) When a person reports sex discrimination committed against a person while in the United States, ETSU will follow its rules, procedures and processes used for Title VII sex discrimination allegations, which provide for the prompt and equitable resolution of complaints alleging sex discrimination.

(2) Where a person alleges both sex discrimination and sexual harassment committed against a person while in the United States, ETSU will follow its rules, procedures and processes for responding to a formal complaint of sexual harassment. If the formal complaint is dismissed at any point in the process, ETSU will follow its rules, procedures and processes used for Title VII sex discrimination allegations.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A), 49-8-203(a)(1)(D), and 49-8-203(a)(4).
• Administrative History: Emergency rules filed August 14, 2020; effective through February 10, 2021. Emergency rules expired effective February 11, 2021, and the rules reverted to their previous statuses. New rules filed May 4, 2021; effective August 2, 2021.

Tenn. Comp. R. & Regs. 0240-06-01-.06 ETSU’S RESPONSE TO COMPLAINTS OF SEXUAL HARASSMENT

(1) If ETSU has actual knowledge of sexual harassment in an education program or activity committed against a person while in the United States, ETSU will respond promptly in a manner that is not deliberately indifferent and follow its grievance process.

(2) ETSU will treat complainants and respondents equitably by offering supportive measures to a complainant, and in cases where a formal complaint is filed, will follow its grievance process before the imposition of any disciplinary sanctions or other actions that are not supportive measures against a respondent.

(3) The Title IX Coordinator will promptly contact the complainant to discuss the availability of supportive measures, consider the complainant’s wishes with respect to supportive measures, inform the complainant of the availability of supportive measures with or without the filing of a formal complaint, and explain to the complainant the process for filing a formal complaint.

(4) The Title IX Coordinator is responsible for coordinating the effective implementation of supportive measures.

(5) ETSU may remove a respondent from an education program or activity on an emergency basis only after undertaking an individualized safety and risk analysis, determining that an immediate threat to the physical health or safety of any student or other individual arising from the allegations of sexual harassment justifies removal, and providing the respondent with notice and an opportunity to challenge the decision immediately following the removal.

(6) ETSU may place a non-student employee respondent on administrative leave during the pendency of a grievance process.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A), 49-8-203(a)(1)(D), and 49-8-203(a)(4).
• Administrative History: Emergency rules filed August 14, 2020; effective through February 10, 2021. Emergency rules expired effective February 11, 2021, and the rules reverted to their previous statuses. New rules filed May 4, 2021; effective August 2, 2021.

Tenn. Comp. R. & Regs. 0240-06-01-.07 CONFIDENTIALITY

(1) ETSU will keep confidential the identity of any individual who has made a report or complaint of sex discrimination, including any individual who has made a report or filed a formal complaint, any complainant, any individual who has been reported to be the perpetrator of sex discrimination, any respondent, and any witness, except as may be permitted or required by federal or state law, or to carry out the purposes of this rule and attendant policies, including the conduct of any investigation, hearing, or judicial proceeding arising thereunder.

(2) ETSU will maintain as confidential any supportive measures provided to the complainant or respondent, to the extent that maintaining such confidentiality does not impair ETSU’s ability to provide the supportive measures.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A), 49-8-203(a)(1)(D), and 49-8-203(a)(4).
• Administrative History: Emergency rules filed August 14, 2020; effective through February 10, 2021. Emergency rules expired effective February 11, 2021, and the rules reverted to their previous statuses. New rules filed May 4, 2021; effective August 2, 2021.

Tenn. Comp. R. & Regs. 0240-06-01-.08 WRITTEN NOTICE TO THE PARTIES UPON ETSU’S RECEIPT OF A FORMAL

COMPLAINT.

(1) When a formal complaint is filed, ETSU will provide parties with a written notice of its grievance process, including any informal resolution process(es).

(2) ETSU will provide written notice of the allegations potentially constituting sexual harassment, including sufficient details known at the time and with sufficient time to prepare a response before any initial interview. Sufficient details include the identities of the parties involved in the incident, if known, the conduct allegedly constituting sexual harassment, and the date and location of the alleged incident, if known.

(3) ETSU’s written notice will include a statement that:

(a) The respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the grievance process;

(b) The parties may have an advisor of their choice, who may be, but is not required to be, an attorney;

(c) The parties may inspect and review evidence; and (d) Identifies any provision in its codes of conduct that prohibits knowingly making false statements or knowingly submitting false information during the grievance process.

(4) If, in the course of an investigation, ETSU decides to investigate allegations about the complainant or respondent that are not included in the initial written notice, ETSU will provide notice of the additional allegations to the parties whose identities are known.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A), 49-8-203(a)(1)(D), and 49-8-203(a)(4).
• Administrative History: Emergency rules filed August 14, 2020; effective through February 10, 2021. Emergency rules expired effective February 11, 2021, and the rules reverted to their previous statuses. New rules filed May 4, 2021; effective August 2, 2021.

Tenn. Comp. R. & Regs. 0240-06-01-.09 INVESTIGATIONS OF FORMAL COMPLAINTS

(1) ETSU will investigate, to the extent necessary or possible, the allegations in a formal complaint.

(2) If the conduct alleged in a formal complaint would not constitute sexual harassment even if proved, did not occur in ETSU’s education program or activity, or did not occur against a person while in the United States, ETSU will dismiss the formal complaint with regard to that conduct for purposes of sexual harassment under Title IX; such a dismissal does not, however, preclude action under another provision of ETSU’s codes of conduct or other policies.

(3) ETSU may dismiss a formal complaint or any allegations therein, if at any time during the investigation a complainant notifies the Title IX Coordinator in writing that the complainant would like to withdraw the formal complaint or any allegations therein, the respondent is no longer enrolled or employed by ETSU; or specific circumstances prevent ETSU from gathering evidence sufficient to reach a determination as to the formal complaint or allegations therein.

(4) If ETSU dismisses a formal complaint during the investigation phase, ETSU will promptly send written notice of the dismissal and reason(s) therefor simultaneously to the parties.

(5) ETSU may consolidate formal complaints as to allegations of sexual harassment against more than one (1) respondent, or by more than one (1) complainant against one (1) or more respondents, or by one (1) party against the other party, where the allegations of sexual harassment arise out of the same facts or circumstances.

(6) The burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility rest on ETSU and not on the parties.

(7) ETSU will not access, consider, disclose, or otherwise use a party’s records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the professional’s or paraprofessional’s capacity, or assisting in that capacity, and are made and maintained in connection with the provision of treatment to the party, unless ETSU obtains that party’s voluntary, written consent to do so for a grievance process.

(8) ETSU will provide an equal opportunity for the parties to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence.

(9) ETSU will not restrict the ability of either party to discuss the allegations under investigation or to gather and present relevant evidence.

(10) ETSU will provide the parties with the same opportunities to have others present during any interview or investigative process, including the opportunity to be accompanied to any related investigation meeting by the advisor of their choice, who may be, but is not required to be, an attorney.

(11) ETSU will not limit the choice or presence of an advisor for either the complainant or respondent in any investigative meeting; however, ETSU may establish restrictions regarding the extent to which the advisor may participate in the proceedings, as long as the restrictions apply equally to both parties.

(12) ETSU will provide to a party whose participation is invited or expected, written notice of the date, time, location, participants, and purpose of all investigative interviews, or other meetings with a party, with sufficient time for the party to prepare to participate.

(13) ETSU will provide both parties an equal opportunity to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in a formal complaint, including the evidence upon which ETSU does not intend to rely in reaching a determination regarding responsibility and inculpatory or exculpatory evidence whether obtained from a party or other source, so that each party can meaningfully respond to the evidence prior to conclusion of the investigation.

(14) Prior to completion of the investigative report, ETSU will send to each party and the party’s advisor, if any, the evidence subject to inspection and review in an electronic format or a hard copy.

(15) ETSU will allow the parties ten (10) business days to submit a written response, which the investigator will consider prior to completion of the investigative report.

(16) ETSU will create an investigative report that fairly summarizes relevant evidence.

(17) At least ten (10) business days prior to a hearing or other time of determination regarding responsibility, ETSU will send the investigative report in electronic format or a hard copy to each party and the party’s advisor, if any, for their review and written response to the investigative report.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A), 49-8-203(a)(1)(D), and 49-8-203(a)(4).
• Administrative History: Emergency rules filed August 14, 2020; effective through February 10, 2021. Emergency rules expired effective February 11, 2021, and the rules reverted to their previous statuses. New rules filed May 4, 2021; effective August 2, 2021.

Tenn. Comp. R. & Regs. 0240-06-01-.10 GRIEVANCE PROCESS FOR FORMAL COMPLAINTS—GENERAL PROVISIONS

(1) ETSU will apply its grievance procedures and requirements equally to both parties.

(2) During the course of the grievance process, ETSU will treat complainants and respondents equitably by providing remedies to a complainant where a determination of responsibility for sexual harassment has been made against the respondent, and by following its grievance process before the imposition of any disciplinary sanctions or other actions that are not supportive measures against a respondent.

(3) ETSU will design remedies to restore or preserve equal access to ETSU’s education program or activity. Such remedies may include supportive measures; however, remedies need not be non-disciplinary or non-punitive and need not avoid burdening the respondent.

(4) ETSU will ensure that the Title IX Coordinator, investigator, hearing officer, or decision-maker does not have a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent. The intent of this provision is to provide protections analogous to, and no less protective than, the conflict of interest provisions of T.C.A. § 4-5- 303.

(5) ETSU will require an objective evaluation of all relevant evidence – including both inculpatory and exculpatory evidence – and prohibit credibility determinations based on a person’s status as a complainant, respondent, or witness.

(6) ETSU will presume that the respondent is not responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of the grievance process.

(7) ETSU will apply a clear and convincing evidence standard for all formal complaints.

(8) ETSU will require the grievance process, including the appeal process, to conclude within a reasonably prompt time frame.

(9) ETSU will provide the range of possible disciplinary sanctions and remedies or list the possible disciplinary sanctions and remedies that ETSU may implement following any determination of responsibility.

(10) ETSU will describe the range of supportive measures available to complainants and respondents.

(11) ETSU will provide the parties with the same opportunities to have others present during any grievance proceeding, including the opportunity to be accompanied to any related meeting or proceeding by the advisor of their choice, who may be, but is not required to be, an attorney.

(12) ETSU will not limit the choice or presence of advisor for either the complainant or respondent in any grievance proceeding; however, ETSU may establish restrictions regarding the extent to which the advisor may participate in the proceedings, as long as the restrictions apply equally to both parties.

(13) ETSU will provide to a party whose participation is invited or expected, written notice of the date, time, location, participants, and purpose of all proceedings or hearings, or other meetings with a party, with sufficient time for the party to prepare to participate.

(14) ETSU will appoint a hearing officer that meets the training requirements set forth in T.C.A. § 4- 5-324.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A), 49-8-203(a)(1)(D), and 49-8-203(a)(4).
• Administrative History: Emergency rules filed August 14, 2020; effective through February 10, 2021. Emergency rules expired effective February 11, 2021, and the rules reverted to their previous statuses. New rules filed May 4, 2021; effective August 2, 2021.

Tenn. Comp. R. & Regs. 0240-06-01-.11 SPECIFIC PROVISIONS RELATED TO CONDUCTING A HEARING OF FORMAL

COMPLAINTS.

(1) ETSU will conduct a live hearing of formal complaints not dismissed pursuant to this rule.

(2) At the request of either party, ETSU will provide for the live hearing to occur with the parties located in separate rooms with technology enabling the hearing officer and parties to simultaneously see and hear the party or the witness answering questions.

(3) Live hearings may be conducted with all parties physically present in the same geographic location or, at ETSU’s discretion, any or all parties, witnesses, and other participants may appear at the live hearing virtually, with technology enabling participants simultaneously to see and hear each other.

(4) At least seven days before a live hearing, ETSU will provide both parties with written notice of the following:

(a) The time, place, date of the hearing, and electronic access information, if applicable;

(b) The name of each witness ETSU expects to present at the hearing and those ETSU may present if the need arises;

(c) The right to request a copy of the investigative file;

(d) The right to request copies of all documents, copies of all electronically stored information, and access to tangible evidence that ETSU has in its possession, custody, or control and may use to support claims or defenses.

(5) When notice is sent by United States mail or courier service, the notice is effective on the date that the notice is mailed or delivered to the courier service. When notice is hand delivered to the parties from the institution, notice is effective on the date that the notice is delivered to the parties. When notice is sent by email, the notice is effective on the date that the email is sent to the parties’ institution-provided email account.

(6) The hearing officer may allow a temporary delay of the grievance process or the limited extension of time frames for good cause with written notice to the complainant and the respondent of the delay or extension and the reasons for the action. Good cause may include but is not limited to considerations such as the absence of a party, a party’s advisor, or a witness, concurrent law enforcement activity, or the need for language assistance or accommodation of disabilities.

(7) In cases that involve more than one (1) respondent, the hearing officer may, consistent with the requirements of Title IX, consider whether separate proceedings are necessary to avoid undue prejudice to the respondents.

(8) During the hearing, the hearing officer will make evidence subject to review and inspection during the investigation phase available to give each party equal opportunity to refer to that evidence, including for purposes of cross-examination.

(9) Questions and evidence about the complainant’s sexual predisposition or prior sexual behavior are not relevant, unless such questions and evidence about the complainant’s prior sexual behavior are offered to prove that someone other than the respondent committed the conduct alleged by the complainant, or if the questions and evidence concern specific incidents of the complainant’s prior sexual behavior with respect to the respondent and are offered to prove consent.

(10) Only relevant cross-examination and other questions may be asked of a party or witness.

Before a complainant, respondent, or witness answers a cross-examination or other question, the hearing officer will first determine whether the question is relevant and explain any decision to exclude a question as not relevant.

(11) The hearing officer will not require, allow, rely upon, or otherwise use questions or evidence that constitute, or seek disclosure of, information protected under a legally recognized privilege, unless the person holding such privilege has waived the privilege.

(12) Notwithstanding any limitations to the contrary that ETSU has placed on the advisor’s participation in the hearing, the hearing officer will permit each party’s advisor to ask the other party and any witnesses all relevant questions and follow-up questions, including that challenging credibility. Such cross-examination at the live hearing will be conducted directly, orally, and in real time by the party’s advisor of choice and never by a party personally.

(13) If a party does not have an advisor at the live hearing, ETSU will provide without fee or charge to that party an advisor of ETSU’s choice, who may be, but is not required to be, an attorney, to conduct cross-examination on behalf of that party.

(14) If a party or witness does not submit to cross-examination at the live hearing, the hearing officer will not rely on any statement of that party or witness in reaching a determination regarding responsibility; provided, however, that the hearing officer cannot draw an inference about the determination regarding responsibility based solely on a party’s or witness’s absence from the live hearing or refusal to answer cross-examination or other questions.

(15) ETSU will create an audio or audiovisual recording, or transcript, of any live hearing and make it available to the parties for inspection and review.

(16) The hearing officer may dismiss the formal complaint or any allegations therein, if at any time during the hearing a complainant notifies the Title IX Coordinator in writing that the complainant would like to withdraw the formal complaint or any allegations therein, the respondent is no longer enrolled or employed by ETSU, or specific circumstances prevent ETSU from gathering evidence sufficient to reach a determination as to the formal complaint or allegations therein.

(17) If the hearing officer dismisses the formal complaint during the grievance process, the hearing officer will promptly notify the Title IX Coordinator who will promptly send written notice of the dismissal and reason(s) therefor simultaneously to the parties.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A), 49-8-203(a)(1)(D), and 49-8-203(a)(4).
• Administrative History: Emergency rules filed August 14, 2020; effective through February 10, 2021. Emergency rules expired effective February 11, 2021, and the rules reverted to their previous statuses. New rules filed May 4, 2021; effective August 2, 2021.

Tenn. Comp. R. & Regs. 0240-06-01-.12 DETERMINATION REGARDING RESPONSIBILITY

(1) The hearing officer will issue a written determination simultaneously to the complainant and respondent regarding responsibility, using a clear and convincing evidence standard to reach a determination.

(2) The written determination must include:

(a) Identification of allegations potentially constituting sexual harassment;

(b) A description of the procedural steps taken from the receipt of the formal complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and hearings held;

(c) Findings of fact supporting the determination;

(d) Conclusions regarding the application of ETSU’s rule, policy, and, if applicable, code of conduct to the facts;

(e) A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any disciplinary sanctions ETSU imposes on the respondent, and whether remedies designed to restore or preserve equal access to ETSU’s education program or activity will be provided to the complainant; and (f) ETSU’s procedures and permissible bases for the complainant and/or respondent to appeal.

(3) Either party may submit a written statement in support of the outcome to the Title IX Coordinator within ten (10) business days of the date of the determination or dismissal.

(4) The Title IX Coordinator will be responsible for effective implementation of any remedies.

(5) The determination regarding responsibility becomes final either on the date that ETSU provides the parties with the written appeal decision, if an appeal is filed, or if an appeal is not filed, the date on which an appeal would no longer be considered timely.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A), 49-8-203(a)(1)(D), and 49-8-203(a)(4).
• Administrative History: Emergency rules filed August 14, 2020; effective through February 10, 2021. Emergency rules expired effective February 11, 2021, and the rules reverted to their previous statuses. New rules filed May 4, 2021; effective August 2, 2021.

Tenn. Comp. R. & Regs. 0240-06-01-.13 APPEAL OF DETERMINATION OF RESPONSIBILITY OR DISMISSAL OF FORMAL

COMPLAINT.

(1) ETSU will provide both parties with the opportunity to appeal a determination regarding responsibility or the dismissal of a formal complaint or any allegations therein, only on the following bases:

(a) Procedural irregularity that affected the outcome of the matter;

(b) New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made and that could affect the outcome of the matter; and (c) The Title IX Coordinator, investigator(s), or hearing officer had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the outcome of the matter.

(2) A party wishing to appeal a determination regarding responsibility or the dismissal of a formal complaint or any allegations therein must file a written appeal with the Title IX Coordinator within ten (10) business days of the date of the determination or the dismissal. The written appeal must identify the basis or bases for the appeal and explain with specificity the facts supporting the basis or bases of the appeal.

(3) As to all appeals, the Title IX Coordinator will (a) Notify the other party in writing when an appeal is filed and implement appeal procedures equally for both parties;

(b) Ensure that the decision-maker(s) for the appeal is not the same person as any investigator(s) or the hearing officer that reached the determination regarding responsibility or dismissal, the investigator(s), or the Title IX Coordinator;

(c) Ensure that the decision-maker(s) for the appeal complies with the standards set forth in

Rule 0240-06-01-.10(4).

(4) Within a reasonable time, the decision-maker(s) will issue a written appeal decision describing the result of the appeal and the rationale for the result.

(5) The Title IX Coordinator will provide the written appeal decision simultaneously to both parties.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A), 49-8-203(a)(1)(D), and 49-8-203(a)(4).
• Administrative History: Emergency rules filed August 14, 2020; effective through February 10, 2021. Emergency rules expired effective February 11, 2021, and the rules reverted to their previous statuses. New rules filed May 4, 2021; effective August 2, 2021.

Tenn. Comp. R. & Regs. 0240-06-01-.14 INFORMAL RESOLUTION PROCESS

(1) ETSU will not require as a condition of enrollment or continuing enrollment, or employment or continuing employment, or enjoyment of any other right, waiver of the right to an investigation and adjudication of formal complaints of sexual harassment.

(2) ETSU will not require the parties to participate in an informal resolution process and may not offer an informal resolution process unless a formal complaint is filed. However, at any time prior to reaching a determination regarding responsibility, ETSU may facilitate an informal resolution process, such as mediation, that does not involve a full investigation and adjudication, but only if ETSU (a) Provides to the parties a written notice disclosing the allegations, the requirements of the informal resolution process including the circumstances under which it precludes the parties from resuming a formal complaint arising from the same allegations;

(b) Any consequences resulting from participating in the informal resolution process, including the records that will be maintained or could be shared;

(c) Obtains the parties’ voluntary, written consent to the informal resolution process; and (d) Does not offer or facilitate an informal resolution process to resolve allegations that an employee sexually harassed a student.

(3) At any time prior to agreeing to a resolution, any party has the right to withdraw from the informal resolution process and resume the grievance process with respect to the formal complaint.

(4) ETSU will ensure that an individual designated to facilitate an informal resolution process does not have a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent. The intent of this provision is to provide protections analogous to, and no less protective than, the conflict of interest provisions of T.C.A. § 4-5- 303.

(5) ETSU will require an informal resolution process to conclude within a reasonably prompt time frame.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A), 49-8-203(a)(1)(D), and 49-8-203(a)(4).
• Administrative History: Emergency rules filed August 14, 2020; effective through February 10, 2021. Emergency rules expired effective February 11, 2021, and the rules reverted to their previous statuses. New rules filed May 4, 2021; effective August 2, 2021.

Tenn. Comp. R. & Regs. 0240-06-01-.15 RETALIATION

(1) Intimidation, threats, coercion, or discrimination, including charges against an individual for code of conduct violations that do not involve sex discrimination or sexual harassment, but arise out of the same facts or circumstances as a report or complaint of sex discrimination, or a report or formal complaint of sexual harassment, for the purpose of interfering with any right or privilege secured by Title IX or this rule, constitutes retaliation.

(2) The exercise of rights protected under the First Amendment does not constitute retaliation.

(3) Charging an individual with a code of conduct violation for making a materially false statement in bad faith in the course of a grievance process does not constitute retaliation, provided, however, that a determination regarding responsibility, alone, is not sufficient to conclude that any party made a materially false statement in bad faith.

(4) Complaints alleging retaliation may be filed with the Title IX Coordinator who will follow the procedures and processes used for Title VII retaliation allegations.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A), 49-8-203(a)(1)(D), and 49-8-203(a)(4).
• Administrative History: Emergency rules filed August 14, 2020; effective through February 10, 2021. Emergency rules expired effective February 11, 2021, and the rules reverted to their previous statuses. New rules filed May 4, 2021; effective August 2, 2021.

Tenn. Comp. R. & Regs. 0240-06-01-.16 TRAINING RELATED TO SEXUAL HARASSMENT ISSUES

(1) ETSU will ensure that its Title IX Coordinator, investigators, hearing officers, decision-makers, and any person who facilitates an informal resolution process receive training on this rule’s definition of sexual harassment, the scope of ETSU’s education program or activity, how to conduct an investigation and grievance process including hearings, appeals, and informal resolution processes, as applicable, and how to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest, and bias.

(2) Such training will satisfy the requirements of Title IX and be developed or conducted consistent with the requirements of state law, including but not limited to T.C.A. § 4-5-324.

(3) ETSU will ensure that hearing officers receive training on any technology to be used at a live hearing.

(4) ETSU will ensure that hearing officers receive training on issues of relevance of questions and evidence, including when questions and evidence about the complainant’s sexual predisposition or prior sexual behavior are not relevant.

(5) ETSU will ensure that investigators receive training on issues of relevance to create an investigative report that fairly summarizes relevant evidence.

(6) ETSU will ensure that any materials used to train Title IX Coordinators, investigators, hearing officers, decision-makers, and any person who facilitates an informal resolution process promote impartial investigations and adjudications of formal complaints and do not rely on sex stereotypes.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A), 49-8-203(a)(1)(D), and 49-8-203(a)(4).
• Administrative History: Emergency rules filed August 14, 2020; effective through February 10, 2021. Emergency rules expired effective February 11, 2021, and the rules reverted to their previous statuses. New rules filed May 4, 2021; effective August 2, 2021.

Tenn. Comp. R. & Regs. 0240-06-01-.17 EFFECT OF OTHER REQUIREMENTS

(1) ETSU will not restrict any rights protected from government action by the First Amendment of the U.S. Constitution, deprive a person of any rights that would otherwise be protected from government action under the Due Process Clauses of the Fifth and Fourteenth Amendments of the U.S. Constitution, or restrict any other rights guaranteed against government action by the U.S. Constitution or State of Tennessee Constitution.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A), 49-8-203(a)(1)(D), and 49-8-203(a)(4).
• Administrative History: Emergency rules filed August 14, 2020; effective through February 10, 2021. Emergency rules expired effective February 11, 2021, and the rules reverted to their previous statuses. New rules filed May 4, 2021; effective August 2, 2021.

Tenn. Comp. R. & Regs. 0240-06-01-.18 RECORD RETENTION AND DISPOSITION

(1) ETSU will retain and dispose of records related to Title IX matters as required by federal and state laws and regulations.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A), 49-8-203(a)(1)(D), and 49-8-203(a)(4).
• Administrative History: Emergency rules filed August 14, 2020; effective through February 10, 2021. Emergency rules expired effective February 11, 2021, and the rules reverted to their previous statuses. New rules filed May 4, 2021; effective August 2, 2021.

Tenn. Comp. R. & Regs. 0240-06-01-.19 SEVERABILITY

(1) If any provision of this rule or its application to any person, act, or practice is held invalid, the remainder of the rule or the application of its provisions to any person, act, or practice shall not be affected thereby.

(2) If any provision of the Title IX regulations on which this rule is based is enjoined or held invalid or the Title IX regulations’ application to any person, act, or practice is enjoined or held invalid, the remainder of this rule or the application of its provisions to any person, act, or practice shall not be affected thereby.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A), 49-8-203(a)(1)(D), and 49-8-203(a)(4).
• Administrative History: Emergency rules filed August 14, 2020; effective through February 10, 2021. Emergency rules expired effective February 11, 2021, and the rules reverted to their previous statuses. New rules filed May 4, 2021; effective August 2, 2021.

Chapter 0240-06-05 Public Records

Tenn. Comp. R. & Regs. 0240-06-05-.01 PURPOSE AND SCOPE OF AUTHORITY

(1) This rule is promulgated to provide economical and efficient access to public records as provided under the Tennessee Public Records Act.

History

• Authority: T. C.A. §§ 10-7-503, et seq., and 49-8-101.
• Administrative History: New rules filed May 4, 2022; effective August 2, 2022.

Tenn. Comp. R. & Regs. 0240-06-05-.02 DEFINITIONS

(1) East Tennessee State University or ETSU or University - The campuses, centers, units, and institutes of East Tennessee State University and their constituent parts governed by the East Tennessee State University Board of Trustees and administration. Neither East Tennessee State University, ETSU, or University means the East Tennessee State University Foundation, lnc; the East Tennessee State University Research Foundation; or the Medical Education Assistance Corporation.

(2) FERPA - The Family Educational Rights and Privacy Act, codified in 20 U.S.C. § 1232(g).

(3) Public Record - All documents, papers, letters, maps, books, photographs, microfilms, electronic data processing files and output, films, sound recordings, or other material, regardless of physical form or characteristics, made or received pursuant to law or ordinance or in connection with the transaction of official business by any governmental agency.

(4) Public Records Request Coordinator - The individual or individuals designated by ETSU’s President to ensure public records requests are routed to the appropriate records custodian and are fulfilled in accordance with this rule. The Public Records Request Coordinator may also be a records custodian.

(5) Records Custodian - The office, official or employee lawfully responsible for the direct custody and care of a public record. The records custodian is not necessarily the original preparer or receiver of the public record.

(6) Requestor - A person seeking access to a public record whether it is for inspection or duplication.

(7) Tennessee Public Records Act or TPRA - The state law codified in T.C.A. §§ 10-7-501 et seq.

History

• Authority: T.C.A. §§ 10-7-503, et seq., and 49-8-101; and 20 U.S.C. § 1232(g).
• Administrative History: New rules filed May 4, 2022; effective August 2, 2022. August, 2022 2

Tenn. Comp. R. & Regs. 0240-06-05-.03 GENERAL ACCESSIBILITY OF PUBLIC RECORDS

(1) All ETSU public records shall, at all times during business hours, be open for personal inspection by any citizen of Tennessee, and those in charge of the public records shall not refuse such right of inspection to any citizen, unless otherwise provided by state law.

Accordingly, the public records of ETSU are presumed open for inspection during the regular hours of ETSU unless otherwise provided by law.

History

• Authority: T.C.A. § 10-7-503.
• Administrative History: New rules filed May 4, 2022; effective August 2, 2022.

Tenn. Comp. R. & Regs. 0240-06-05-.04 REQUESTING ACCESS TO PUBLIC RECORDS

(1) Public records requests must be made to the Public Records Request Coordinator to ensure they are routed and fulfilled in a timely manner. ETSU will publish the name, telephone number, email address, and office location of the Public Records Request Coordinator on the ETSU policies website.

(2)

Requests for inspection may be made in person or by mail, phone, fax, or email to the Public Records Request Coordinator.

Requests for inspection may also be made in writing using the Public Records Request Form.

Requests for copies may only be made in writing using the Public Records Request Form.

(3) Proof of Tennessee citizenship by presentation of a valid Tennessee driver’s license or alternative acceptable form of ID is required as a condition to inspect or receive copies of public records.

History

• Authority: T.C.A. §§ 10-7-503, et seq., and 10-7-506(a).
• Administrative History: New rules filed May 4, 2022; effective August 2, 2022.

Tenn. Comp. R. & Regs. 0240-06-05-.05 RESPONDING TO PUBLIC RECORDS REQUESTS

(1) The Public Records Request Coordinator must review public records requests, consult with the Office of University Counsel as needed, and make an initial determination of whether:

(a) The requester has presented proof of Tennessee citizenship.

(b) The requester described the public records requested with sufficient specificity to identify the public records requested; and (c) The University is the custodian of the requested public records.

(2) The Public Records Request Coordinator must acknowledge receipt of the request and take any of the following action(s) within seven business days after the University’s receipt of the request:

(a) Contact the records custodian and make the public records available to the requester.

(b) Deny the request in writing, providing the appropriate grounds for denial; or (c) Send the requester a completed Public Records Request Response Form stating the time reasonably necessary to produce the public records.

(3) The TPRA does not require the University to sort through files to compile information or to create or recreate a record that does not exist.

August, 2022 3 (4) If a public record contains confidential information or information that is not open for public inspection, the Public Records Request Coordinator must prepare a redacted copy prior to providing access.

(a) The Public Records Request Coordinator should consult with the Office of University Counsel if questions arise concerning redaction.

(b) The Public Records Request Coordinator should provide the requestor with the basis for redaction whenever a redacted record is provided. The basis given for redaction must be general in nature and not disclose confidential information.

(5) Public Records that are not delivered electronically or in-person will be delivered via USPS First Class Mail. The requestor is responsible for any postage costs associated with fulfilling the request.

History

• Authority: T.C.A. §§ 10-7-503, et seq., 10-7-504, and 10-7-506(a).
• Administrative History: New rules filed May 4, 2022; effective August 2, 2022.

Tenn. Comp. R. & Regs. 0240-06-05-.06 FEES AND CHARGES FOR PUBLIC RECORDS; PROCEDURES FOR BILLING AND

PAYMENT.

(1) There is no charge for inspection of public records.

(2) No charges will be assessed for copies and duplicates unless the production costs exceed five dollars ($5).

(3) The Public Records Request Coordinator must provide a requestor with an itemized estimate of charges exceeding fifty dollars ($50) prior to producing copies of public records and may require pre-payment of such charges before producing requested public records.

(4) Fees and charges for copies are:

(a) $0.15 per page for 8½” x 11” and 8½” x 14” black and white copies. ETSU will waive fees associated with requests for public records that are fewer than 30 pages of black and white copies.

(b) $0.50 per page for 8½” x 11” and 8½” x 14” color copies. The fee for color copies will not be waived.

(c) The charge for a double-sided (duplex) copy is the same as the charge for two one-sided copies.

(d) If a copy of a public record is produced on a medium other than for 8½” x 11” and 8½” x 14” paper, the Public Records Request Coordinator may assess a copy charge equal to the actual cost of producing a copy of the public record, considering the amount of materials, equipment costs, and the cost of the alternative medium.

(e) ETSU is not obligated to provide electronic copies of the requested public records when the requested public records are not maintained electronically.

(f) ETSU may charge the actual costs for flash drives or similar storage devices on which electronic copies are provided.

(5) ETSU may charge the requestor the hourly wage of the employee(s) reasonably necessary to produce the requested public records above the labor threshold.

August, 2022 4 (a) The “labor threshold” is the labor of the employee(s) reasonably necessary to produce requested public records for the first hour incurred by ETSU in producing the public records. “Labor” means the employee time reasonably necessary to produce the requested public records and includes the time spent locating, retrieving, reviewing, redacting, and reproducing the public records.

(b) In calculating the labor costs to be charged to the requestor:

1. First, determine the number of hours each employee spent producing the requested public records.

2. Second, subtract the one-hour labor threshold from the number of hours the highest paid employee spent producing the request.

3. Third, multiply the total number of hours to be charged for the labor of each employee by that employee’s hourly wage.

4. Fourth, add together the totals for all the employees involved in the request to determine the total amount of the labor costs to be charged to the requestor.

(c) Labor costs should be tracked based on tenths of an hour, rounded down.

(d) Pursuant to Tenn. Code Ann. § 8-4-604(a)(2) and the Office of Open Records Counsel’s Policy on Reasonable Charges for Frequent and Multiple Requests, combined labor charges may be assessed for four (4) or more requests from the same requestor submitted within a 30-day period for any ETSU public record .

(6) ETSU has discretion to determine how payment for fees and costs should be made and whether advanced payment is required.

History

• Authority: T.C.A. §§ 10-7-503, et seq., and 10-7-506(a).
• Administrative History: New rules filed May 4, 2022; effective August 2, 2022.

Tenn. Comp. R. & Regs. 0240-06-05-.07 CONFIDENTIALITY EXCEPTIONS

(1) Exceptions to the right to inspect or copy public records include, without limitation:

(a) Records made confidential by the TPRA or by other state law; and (b) Records ETSU is required to keep confidential by federal statute or regulation as a condition for receipt of federal funds or for participation in a federally funded program.

History

• Authority: T.C.A. §§ 10-7-503, et seq., and 10-7-506(a).
• Administrative History: New rules filed May 4, 2022; effective August 2, 2022.

Chapter 0240-07-01 Public Records - Inspecting and Copying

Tenn. Comp. R. & Regs. 0240-07-01-.01 PURPOSE

(1) This rule establishes the process under Tennessee’s Public Records Act for making and responding to requests to inspect and/or copy records, including redaction practices; the fees charged for copies of public records; the procedures for billing and payment; and the name or title and contact information of the public records request coordinator.

History

• Authority: T.C.A. § 10-7-503.
• Administrative History: Original rules filed January 3, 2019; to have become effective April 3, 2019. However, the Government Operations Committee filed a 60-day stay of the effective date of the rules; new effective date June 2, 2019.

Tenn. Comp. R. & Regs. 0240-07-01-.02 DEFINITIONS

(1) Records Custodian. The MTSU office(s) or employee(s) lawfully responsible for the direct custody and care of a public record.

(2) Public Records. All documents, papers, letters, maps, books, photographs, microfilms, electronic data processing files and output, electronic mail messages, films, sound recordings, or other material regardless of physical form or characteristics, made or received pursuant to law or in connection with the transaction of official University business and required to be open to inspection under the provisions of Tennessee law.

(3) Public Records Request Coordinator (Coordinator). The individual (or designee) responsible for ensuring that public records requests are routed to the appropriate records custodian and that requests are fulfilled in accordance with the Public Records Act.

(4) Requestor. A person seeking access to a public record, whether it is for inspection or duplication.

History

• Authority: T.C.A. § 10-7-503.
• Administrative History: Original rules filed January 3, 2019; to have become effective April 3, 2019. However, the Government Operations Committee filed a 60-day stay of the effective date of the rules; new effective date June 2, 2019.

Tenn. Comp. R. & Regs. 0240-07-01-.03 PROCEDURES TO ACCESS PUBLIC RECORDS

(1) Generally.

(a) Except for confidential records as prescribed by law, public records will be open for inspection by citizens of Tennessee during business hours which shall be the business hours of the University’s administrative offices.

(b) Requests for inspection only may be made orally and cannot be required to be made in writing. Requests for copies, or requests for inspection and copies, must be made in writing. The Request to Inspect or Copy Public Records form may be used, but a June, 2019 2 written request in any form or format will be acceptable. Requests may be made to the Coordinator (c) Persons requesting to inspect or copy records must show proof of Tennessee citizenship with a government-issued photo identification card including the person’s address (i.e., driver’s license, voter’s registration, etc.).

(2) Public Records Request Coordinator.

(a) MTSU will publish the name, telephone number, email address and office location of the Coordinator.

(b) The Coordinator shall review public record requests and make an initial determination of the following:

1. If the requestor provided evidence of Tennessee citizenship;

2. If the records requested are described with sufficient specificity to identify them; and 3. If MTSU is the custodian of the records.

(c) The Coordinator shall acknowledge receipt of the request and take any of the following appropriate action(s):

1. Advise the requestor of determinations made regarding:

(i) Proof of Tennessee citizenship;

(ii) Form(s) required for copies;

(iii) Fees and charges, including labor and programming costs;

(iv) Aggregation of multiple or frequent requests.

2. Provide the records.

3. Deny the request in writing using the Public Records Request Response, which shall indicate the basis for the specific legal denial, including, but not limited to:

(i) The requestor is not, or has not presented evidence of being, a Tennessee citizen;

(ii) The request lacks specificity;

(iii) An exemption makes the record not subject to disclosure;

(iv) The University is not the custodian of the requested records;

(v) The records do not exist.

4. If appropriate, contact the requestor to see if the request can be narrowed or the scope of the request clarified.

5. Forward the records request to the appropriate records custodian.

June, 2019 3 6. If the Coordinator knows that the requested records are in the custody of a different governmental entity, advise the requestor of the correct governmental entity and the coordinator for that entity, if known.

(3) The University is not required to sort through files to compile information, create records, or recreate records that do not exist.

(4) Form or Format of Record to be Inspected/Copied. Actual records will be produced or used for viewing and/or copying. The nature of certain records and applicable confidentiality requirements, however, may result in providing the requested record/information in a form or format other than the original records form or format. In such cases, the records custodian may coordinate with the requestor to find an alternate form or means of providing access to the same desired record or information as available under the open records laws.

(5) Redaction.

(a) With the exception of records which are confidential in their entirety (for example, student education records protected by FERPA), if a record contains confidential information or information that is not open for public inspection, the records custodian shall prepare a redacted copy prior to providing the records for inspection or copies of the records.

(b) Whenever a redacted record is provided, the records custodian should provide the requestor with the basis for redaction. The basis given shall be general in nature and not disclose confidential information.

(6) Inspection of Records. If the request is to inspect records, the records custodian will arrange a location for the requestor to do so and may, under reasonable circumstances, require an appointment for inspection. Inspection must be made in the presence of the records custodian. Custody of the original record is not to be relinquished.

(7) Time Required to Produce Records. All efforts will be made to provide the records within a reasonable period of time. If the record cannot be produced within seven (7) business days (i.e., time is needed to determine if the records exist; additional time is needed to search for, retrieve, or otherwise gain access to records; or it will take additional time to redact confidential information from the record), the requestor shall be advised when the record(s) will be available using a Public Records Request Response. If the request will be denied, a Public Records Request Response must be sent within seven (7) business days.

History

• Authority: T.C.A. § 10-7-503.
• Administrative History: Original rules filed January 3, 2019; to have become effective April 3, 2019. However, the Government Operations Committee filed a 60-day stay of the effective date of the rules; new effective date June 2, 2019.

Tenn. Comp. R. & Regs. 0240-07-01-.04 COPYING OF PUBLIC RECORDS

(1) The records custodian will make copies, or arrange for copies to be made, as well as determine copy fees and charges in the most economic and efficient manner practicable. An itemized estimate of the charges to be assessed for copies and labor should be provided to the requestor using the Request to Inspect or Copy Public Records form prior to producing the requested copies. Payment of fees and charges are to be made in advance. A requestor will be allowed to make copies of records with a camera or a cell phone if the number of pages to be copied is twenty-five (25) pages or less.

(2) Copy Format June, 2019 4 (a) Notwithstanding the form of the records, reproduction or copying of records shall be made in a form as best determined by the records custodian.

(b) Electronic data and documents will be produced in a read-only format.

(c) If the requested records exist electronically, but not in the format requested, or a new or modified computer program or application is necessary to put the records in a readable and reproducible format; or it is necessary to access backup files, the records custodian shall charge the requestor the actual costs incurred in producing the records in the format requested, or in creating or modifying a computer program or application necessary to put the records in a readable and reproducible format, or in accessing backup files.

(d) Records should be produced electronically whenever feasible as a means of utilizing the most cost effective method of producing records.

(3) If a records custodian reasonably determines that production of records should be segmented because the records request is for a large volume of records, or additional time is necessary to prepare the records for access, the records custodian shall notify the requestor by using the Public Records Request Response form that production of the records will be in segments and that a records production schedule will be provided as expeditiously as practicable.

(4) If a records custodian discovers records responsive to a records request were omitted, the requestor should be contacted concerning the omission and the records produced as quickly as possible.

(5) Copies will be available for pickup at a location specified by the records custodian. At the requestor’s request, and upon payment of postage, copies will be mailed to the requestor via USPS first-class mail.

(6) Fees and Charges.

(a) No fees or charges may be imposed for inspection of records, even if copies of records were required to be made to allow for redaction of confidential information.

(b) An itemized estimate of the fees and charges should be provided to the requestor.

Payment of this amount must occur prior to copies being made. Payment in full of the actual costs must be made prior to release of the requested copies. Both the estimated charges and the actual charges may be included on the Request to Inspect or Copy Public Records form.

(c) MTSU will publish the per page copy charges and a schedule of any other costs. Labor charges will be calculated and imposed as allowed by the Office of Open Records Counsel.

(7) If the total amount of fees, labor/programming charges, and postage is less than twenty dollars ($20.00), the cost will be waived.

History

• Authority: T.C.A. § 10-7-503.
• Administrative History: Original rules filed January 3, 2019; to have become effective April 3, 2019. However, the Government Operations Committee filed a 60-day stay of the effective date of the rules; new effective date June 2, 2019. June, 2019 5

Tenn. Comp. R. & Regs. 0240-07-01-.05 AGGREGATION OF FREQUENT AND MULTIPLE REQUESTS

(1) MTSU will aggregate record requests in accordance with the Frequent and Multiple Request Policy promulgated by the Office of Open Records Counsel when more than four (4) requests are received within a calendar month either from a single individual or a group of individuals deemed working in concert.

(2) The level at which records requests will be aggregated is by office.

(3) The Coordinator is responsible for making the determination that a group of individuals are working in concert. The Coordinator or records custodian must inform the individuals of this determination and that they have the right to appeal the decision to the Office of Open Records Counsel.

History

• Authority: T.C.A. § 10-7-503.
• Administrative History: Original rules filed January 3, 2019; to have become effective April 3, 2019. However, the Government Operations Committee filed a 60-day stay of the effective date of the rules; new effective date June 2, 2019.

Chapter 0240-07-02 Residency Classification

Tenn. Comp. R. & Regs. 0240-07-02-.01 RULES FOR DETERMINATION OF STUDENT STATUS

(1) Students and applicants with a domicile in the state of Tennessee are to be classified in-state for tuition and fee purposes and for admission purposes. Domicile is defined for these rules as a person’s true, fixed, and permanent home and place of habitation; it is the place where he/she intends to remain, and to which he/she expects to return when he/she leaves Middle Tennessee State University (MTSU) without intending to establish a new domicile elsewhere.

(2) MTSU will comply with all applicable federal and state statutes and regulations pertaining to residency classification of students.

(3) Absence from Tennessee for short periods of time will not affect the establishment of a residence, provided domicile was not established in another state during that time.

(4) Students and applicants not having domicile in Tennessee shall be classified out-of-state.

(5) The domicile of an unemancipated person is that of his/her parent, except as provided in Paragraph (6) below. Students who are unemancipated must submit parent, legal guardian, or foster parent documentation in lieu of their own. An emancipated person is someone who has attained the age of eighteen (18) years, and whose parents have entirely legally surrendered the right to the care, custody, and earnings of such person and who no longer are under any legal obligation to support or maintain such deemed emancipated person.

(6) Unemancipated students of divorced parents shall be classified in-state when one (1) parent, regardless of custodial status, is domiciled in Tennessee.

(7) A student is classified in-state for tuition and fee purposes if the student is a citizen of the U.S. and has resided in Tennessee for at least one (1) year immediately prior to admission and meets one (1) of the following:

(a) Graduated from a Tennessee public secondary school;

(b) Graduated from a private secondary school that is located in Tennessee; or (c) Earned a Tennessee high school equivalency diploma.

(8) The spouse of a student classified as in-state will also be classified as in-state.

(9) Regular full-time employees at institutions governed by the Tennessee Board of Regents (TBR) or a Locally Governed Institution (LGI), along with their spouses and children shall be classified as in-state students for purposes of fees and tuition when enrolled in courses at any TBR institution or LGI.

(10) Graduate assistants at MTSU shall be classified as in-state for purposes of fees and tuition.

(11) Continuous enrollment at MTSU is defined as enrollment in at least one (1) course in successive Fall or Spring terms during the student’s enrollment.

History

• Authority: T.C.A. § 49-8-104.
• Administrative History: Original rules filed May 17, 2019; effective August 15, 2019.

Tenn. Comp. R. & Regs. 0240-07-02-.02 OUT-OF-STATE STUDENTS WHO ARE NOT REQUIRED TO PAY OUT-OF-STATE

TUITION.

(1) An unemancipated, currently enrolled student will be reclassified as out-of-state should his/her parent move out of the state of Tennessee. However, the student will not be required to pay out-of-state tuition nor be treated as an out-of-state student for admission purposes so long as he/she is continuously enrolled at MTSU.

(2) The waiver of out-of-state tuition granted to a student will follow the student from a Tennessee public community college to MTSU if the student transfers from the community college without a break in enrollment after successfully completing an associate’s degree or if participating in a reverse transfer program.

(3) Students who participate in a study abroad program, when the course(s) in the study abroad program is/are the only course(s) for which the student is registered during that entire term are not required to pay out-of-state tuition.

(4) Dependent children whose parents are full-time, licensed Tennessee Public School Teachers and will be utilizing the Public Higher Education Fee Discount form.

(5) Military veterans who have a Tennessee address in Box 19A on their DD214 (mailing address after separation) will be charged in-state tuition and fees.

(6) A veteran or dependents eligible to receive educational benefits (to include the David Fry Scholarship) administered by the United States Department of Veterans Affairs, through any provision of the United States Code, shall not be required to pay out-of-state tuition and fees when the veteran or eligible dependent is:

(a) Enrolled at MTSU;

(b) Utilizing such benefits at MTSU; and (c) Living in the state of Tennessee, regardless of the individual’s formal state of residency.

If VA benefits run out/expire prior to graduation, a student can continue to qualify for in-state tuition and fees until completion of that degree, if he/she:

1. Maintains continuous enrollment (Fall and Spring terms); and 2. Demonstrates objective evidence of established residency in the state of Tennessee by presenting three (3) of the following:

(i) A Tennessee driver’s license, issued for at least one (1) year;

(ii) A Tennessee Identification Card, issued for at least one (1) year;

(i ii) Proof of a Tennessee voter’s registration;

(iv ) A Tennessee motor vehicle registration;

(v) Proof of established employment in Tennessee;

(vi) Residential lease or mortgage.

Further, if the veteran or eligible dependent wishes to become a permanent resident, he/she can follow Steps 1. and 2. above and be recoded as an in-state resident.

(7) Individuals who join the Tennessee National Guard (active member) will be charged in-state tuition and fees.

(8) Military service members on active-duty orders who are stationed outside of the state of Tennessee but still maintain a Tennessee domicile will be charged in-state tuition and fees.

(9) An unemancipated person or spouse of an active-duty military member who is stationed outside of Tennessee but whose home of record is Tennessee, will be charged in-state tuition and fees (must show proof of domicile, including, but not limited to, driver’s license, voter’s registration, LES, tax document).

(10) An unemancipated person whose parent is not domiciled in Tennessee but is a member of the armed forces and stationed in Tennessee or at Fort Campbell, Kentucky pursuant to military orders will be classified out-of-state but shall not be required to pay out-of-state tuition. Such a person, while in continuous attendance toward the degree for which he/she is currently enrolled, will not be required to pay out-of-state tuition if his/her parent is transferred on military orders.

(11) Active-duty military personnel who begin working on a college degree at MTSU while stationed in Tennessee or at Fort Campbell, Kentucky, and who are transferred or deployed prior to completing their degree, can continue to completion of the degree at MTSU without being required to pay out-of-state tuition, as long as he/she completes at least one (1) course for credit each twelve (12) month period after the transfer or deployment. Exceptions may be made in cases where the service member is deployed to an area of armed conflict for periods exceeding twelve (12) months.

(12) Military personnel and their spouses stationed in Tennessee or at Fort Campbell, Kentucky who would be classified out-of-state in accordance with other provisions of these rules will be classified out-of-state but will not be required to pay out-of-state tuition. This does not apply to military personnel and their spouses who are stationed in Tennessee primarily for educational purposes.

(13) MTSU shall charge a dependent child under twenty-three (23) years of age, whose military parent dies as a result of a targeted attack that occurred in Tennessee, in-state tuition and fees regardless of the dependent child’s domicile or place of residence during the dependent child’s enrollment at MTSU, provided the dependent child has met and continues to meet all stated statutory requirements.

(14) Part-time students who are not domiciled in Tennessee but who are employed full-time in Tennessee, or who are stationed at Fort Campbell, Kentucky pursuant to military orders, shall be classified out-of-state but shall not be required to pay out-of-state tuition. This shall also apply to part-time students who are employed in Tennessee by more than one (1) employer, resulting in the equivalent of full-time employment. Full-time employment is defined as working either one (1) job at a minimum of thirty-two (32) hours per week or more than one (1) part-time job to total an average of thirty-two (32) hours per week.

(15) Presumption. No person shall qualify for in-state fees if he/she came to Tennessee for the primary purpose of attending college. For example, if an individual moved to Tennessee and immediately enrolled at MTSU, another university, college, or community college as a fulltime student, that person is presumed to have moved to Tennessee for the primary purpose of attending college and will not be eligible for in-state fees. The presumption is that a student cannot acquire domicile in Tennessee while enrolled as a full-time student.

(16) Evidence to be Considered for Establishment of Domicile. If a person asserts that he/she has established domicile in Tennessee, he/she has the burden of proving that he/she has done so. MTSU will consider any and all evidence provided concerning such claim of domicile.

Generally, persons attempting to prove domicile should be prepared to offer multiple items of evidence including, but not limited to, proof of residence and/or property ownership within Tennessee; military orders assigning the person to Tennessee; proof of full-time employment within Tennessee; proof of receiving a Tennessee state benefit including, but not limited to, TennCare, TN Disability benefits, or SNAP; proof of current classification as in-state for tuition and fee purposes at another public Tennessee higher education institution; etc.

History

• Authority: T.C.A. §§ 49-4-704, 49-7-164, and 49-8-104.
• Administrative History: Original rules filed May 17, 2019; effective August 15, 2019. Amendments filed January 29, 2024; effective April 28, 2024.

Tenn. Comp. R. & Regs. 0240-07-02-.03 APPEAL PROCEDURE

(1) Individuals may appeal their initial classification of residency status for purposes of tuition and fee payment prior to the census date for the applicable term as specified on the registration calendar for each term according to the following procedure:

(a) Individuals who are initially classified as out-of-state for purposes of tuition and fee payment by personnel in the Admissions Office, the College of Graduate Studies, or the Office of International Admissions, and who wish to appeal this classification, must complete the Application for Tennessee Residency for Fee-Paying Purposes.

1. Documentation submitted by the individual will be reviewed by the appropriate staff. The individual will be notified of any change in status or other action taken on his/her application. If the individual has an MTSU email account, he/she will be notified through this account. Otherwise, the individual will be notified using the information provided on the application. Notice to the individual of MTSU’s decision is anticipated to be within five (5) business days, except during periods when a large volume of appeals has been filed, which may require extension of this notification period.

2. In the event that the individual’s application for in-state residency is denied, the individual will be advised to contact the Assistant Vice President for Student Affairs or designee to initiate an appeal of the classification.

(b) The Assistant Vice President for Student Affairs or designee will, upon request of the individual and receipt of any additional information required for full consideration, convene the Student Appeals Committee. A representative of the office of original classification in each individual case shall serve as a consultant to the Student Appeals Committee and, upon request, shall provide the basis for the original decision and any other relevant information.

(c) The Student Appeals Committee shall hear such evidence members regard as relevant to a proper review of the individual’s residency status and will make a recommendation to the Vice President for Student Affairs either denying the appeal or recommending that the individual be reclassified as in-state for purposes of tuition and fee payment.

(d) The Vice President for Student Affairs will approve, reject, or modify the recommendation of the Student Appeals Committee. Notification to the individual of MTSU’s decision is anticipated to be within five (5) business days, except during periods when a large volume of appeals has been filed, which may require extension of this notification period.

(e) The decision of the Vice President for Student Affairs will be final in matters of appeal with regard to residency status for purposes of tuition and fee payment.

History

• Authority: T.C.A. § 49-8-104.
• Administrative History: Original rules filed May 17, 2019; effective August 15, 2019.

Tenn. Comp. R. & Regs. 0240-07-02-.04 EFFECTIVE DATE FOR RECLASSIFICATION

(1) If a student classified out-of-state applies for in-state classification and is subsequently so classified, his/her in-state classification shall be effective as of the date on which reclassification was sought.

(2) However, out-of-state tuition will be charged for any term during which reclassification is sought and obtained unless application for reclassification is made to the classification officer on or before the census day of that term.

History

• Authority: T.C.A. § 49-8-104.
• Administrative History: Original rules filed May 17, 2019; effective August 15, 2019.

Tenn. Comp. R. & Regs. 0240-07-02-.05 REGIONAL SCHOLARS

(1) The MTSU Regional Scholars Program allows select non-Tennessee resident students who live within a specified radius of the MTSU campus, as determined by the Board of Trustees and published on the Regional Scholars website, and who meet specific academic requirements, to attend MTSU at a reduced rate.

(2) Though still classified as out-of-state, students who qualify will receive:

(a) A reduced tuition as determined by MTSU in accordance with approved guidelines.

(b) Consideration for institutional scholarships if admitted by the established scholarship deadlines.

History

• Authority: T.C.A. § 49-8-104.
• Administrative History: Original rules filed May 17, 2019; effective August 15, 2019.

Chapter 0240-07-03 Traffic, Parking, and Safety Enforcement

Tenn. Comp. R. & Regs. 0240-07-03-.01 PURPOSE

This Chapter will define Middle Tennessee State University (“MTSU” or “University”) traffic, parking, and safety enforcement. It will facilitate the orderly and efficient flow of traffic on the MTSU campus and property owned by MTSU, endeavor to provide a safe atmosphere for both pedestrians and vehicle operators, and provide order with regard to parking within limited space.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A) and 49-8-203(a)(1)(D).
• Administrative History: Original rules filed May 17, 2019; effective August 15, 2019.

Tenn. Comp. R. & Regs. 0240-07-03-.02 SCOPE

MTSU reserves the right to regulate the use and/or parking of all vehicles on its campus or on property owned by MTSU in accordance with this rule and to forbid the use of a vehicle by any person whose operation of the vehicle fails to comply with University policies, City of Murfreesboro ordinances, and/or Tennessee state laws pertaining to vehicles.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A) and 49-8-203(a)(1)(D).
• Administrative History: Original rules filed May 17, 2019; effective August 15, 2019.

Tenn. Comp. R. & Regs. 0240-07-03-.03 DEFINITIONS

(1) Campus. The main MTSU campus and any additional property owned by the University.

(2) Vehicle. Any self-propelled vehicle, including, but not limited to, automobiles, motorcycles, scooters, mopeds, and golf carts capable of exceeding twenty-five (25) miles per hour over level, paved surfaces.

(3) Visitor. Any person on the Campus who is not a current student, member of the faculty, staff, or administration.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A) and 49-8-203(a)(1)(D).
• Administrative History: Original rules filed May 17, 2019; effective August 15, 2019.

Tenn. Comp. R. & Regs. 0240-07-03-.04 REGISTRATION OF VEHICLES AND PARKING PERMITS

(1) All students and employees must register vehicles they park on campus with the MTSU Parking and Transportation Services Office by purchasing a parking permit. Any vehicle parked on campus must display a current and valid parking permit. Failure to do so may result in the issuance of a parking citation.

(2) The acceptance by any person of a parking permit, whether temporary or permanent, shall constitute the acceptance of the rules, policies, ordinances, and/or laws governing the safe and responsible operation and parking of a vehicle on campus.

(3) The cost of parking permits, together with appropriate information sufficient to justify the amount, shall be submitted for review and approval to the MTSU Board of Trustees (Board).

Once adopted or amended, parking permit costs, along with requirements, limitations and procedures for securing parking permits, shall be affirmatively communicated to the MTSU faculty, staff, and students through the Parking Services website and the Traffic and Parking Regulations handbook.

(4) Parking permits may be denied for any student or employee who has outstanding fines from prior semester(s) until they are paid in full. The first citation issued to an employee for an expired parking permit may result in towing of the vehicle.

(5) Parking permits are issued to students only after all registration fees are paid.

(6) The MTSU parking permit must be properly attached to the front windshield in the extreme lower corner on the driver’s side or hung from the rearview mirror of the vehicle with the decal number facing the outside of the vehicle and clearly readable. In those cases where compliance with the above is not feasible, the parking permit must be clearly visible when viewing the vehicle or the parking permit holder must consult with Parking and Transportation Services for proper placement of the parking permit.

(7) The parking permit holder will be responsible for parking violations received by any vehicle bearing his/her parking permit.

(8) It is considered fraudulent for a registered parking permit holder to give his/her parking permit to another person. Parking permits are transferable from vehicle to vehicle provided that the vehicles are registered under the same account. Parking permits are not transferable from person to person. When a parking permit is reported as lost or stolen, but is found in another vehicle on campus, an inquiry will be made into the parking permit. If it is found that an individual reported a parking permit lost or stolen, but in fact gave the parking permit to another individual for use, both parties may be cited with a fine for their actions.

(9) Temporary Parking Permits may be issued to employees, students, and visitors as identified on the Parking Services website.

(10) Visitors, including family members of employees or students, must park at meters or register their vehicles with Parking and Transportation Services by obtaining a temporary parking permit. Failure to comply may result in the vehicle being issued a “No Campus Permit” citation, and the fine may not be waived.

(11) Disabled Parking Permits. Any person, whether student or employee, may apply for disabled parking privileges.

(a) To obtain an MTSU Disabled Parking Permit, persons must have a state-issued disabled license plate or placard and must provide proof of its ownership.

(b) Temporary disabled permits will be issued for injuries or disabilities for a period not to exceed one (1) semester or four (4) consecutive months (whichever is of the greatest benefit to the individual requesting the permit), provided that the request is accompanied by a physician’s statement certifying the impairment.

1. Those with MTSU-issued temporary parking permits must park in white or green spaces only. The blue disabled parking spaces are reserved for those holding permanent disabled parking permits.

2. Those holding temporary state-issued disabled placards may also park in the blue disabled parking spaces.

(c) The individual to whom the disabled license plate or placard has been issued must be using the vehicle in order for the vehicle to be parked in the disabled space. The owner of the parking permit or owner of the vehicle may be charged the maximum fine allowed by law for improper use of a disabled placard or license plate.

(d) Pursuant to T.C.A. § 55-21-108, fines for violating the disabled parking law cannot be suspended or waived.

(12) Parking permit colors. The area authorized for parking is denoted by the color of the parking permit.

(a) White - Available to faculty/administrators/staff (including resident directors and graduate assistants).

(b) Green - Available to commuter students.

(c) Blue - Available to students and employees with qualified disabilities.

(d) Red - Available to on-campus residents.

(13) The following parking spaces are reserved as noted:

(a) Disabled Parking, Housing staff, all Residential parking areas, Maintenance spaces, President, Vice Presidents, University Deans – reserved twenty-four (24) hours a day.

(b) Speech Clinic spaces, CDC Parent spaces in Fairview parking lot – reserved Monday through Thursday, from 8:00 a.m. to 4:00 p.m.

(c) Health Services reserved 7:00 a.m. to 5:00 p.m.

(d) Library Staff reserved 6:30 p.m. to 11:00 p.m.

(e) Recording Industry reserved 6:00 p.m. to 10:00 p.m.

(14) Parking is allowed only in clearly designated parking spaces. Only one (1) vehicle is permitted to park per space. In gravel lots, legal parking spaces are designated by concrete bumper blocks, except for those painted yellow.

(15) All students and employees are to park in their assigned areas, Monday through Friday, 7:00 a.m. to 4:30 p.m.

(16) If a parking permit is lost or stolen, a “Parking Permit Loss Report” must be provided to Parking and Transportation Services along with a replacement fee to obtain a new parking permit.

(17) Damaged parking permits must be replaced within three (3) business days.

(18) The operator of any disabled vehicle parked in violation of University policies must report the vehicle immediately to Parking and Transportation Services. Failure to report may result in traffic citations and/or towing. The vehicle must be called in each day it is disabled and parked in violation of MTSU policies (19) No personal recreational or work travel trailers should be parked or stored on campus property, except as authorized.

(20) Advertising vehicles “For Sale” in MTSU parking lots is prohibited. Any vehicle identified for such wrongful display for a period of forty-eight (48) hours or more will be identified as a disabled vehicle and may result in traffic citations and/or towing.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A), 49-8-203(a)(1)(D), and 55-21-108.
• Administrative History: Original rules filed May 17, 2019; effective August 15, 2019. Amendments filed January 20, 2023; effective April 20, 2023.

Tenn. Comp. R. & Regs. 0240-07-03-.05 OPERATION OF VEHICLE ENFORCEMENT

(1) All Tennessee laws, City of Murfreesboro ordinances, and MTSU rules and policies pertaining to vehicles are applicable twenty-four (24) hours a day, unless otherwise noted.

(2) Operators of vehicles on MTSU property must obey all traffic rules, regulations, posting, or directions, regardless of whether the rule, regulation, posting, or direction is included in these rules.

(3) Moving violations will be charged to the operator of the vehicle at the time of the violation.

(4) Speed limits are posted throughout the campus. All speed limits are radar enforced.

(5) Passing on campus is prohibited.

(6) All vehicles must come to a complete stop at intersections where a stop sign (either mounted on a post or painted on the street surface) is displayed.

(7) Motorists are to yield the right-of-way to all pedestrians in a cross walk.

(8) Upon the immediate approach of an authorized emergency vehicle making use of audible and visual signals, or a police vehicle properly and lawfully making use of an audible signal only, the drivers of all other vehicles shall yield the right-of-way and shall immediately drive to a position parallel to, or as close as possible to, the right hand edge or curb of any intersection and shall stop and remain in such position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer.

(9) All persons riding on a motorcycle, either as operator or passenger, must wear a helmet of the type approved by the Commissioner of Safety for the State of Tennessee.

(10) All vehicles must come to a complete stop for a school bus loading or unloading children.

(11) Any person who drives in willful and wanton disregard for the safety of persons or property will be considered to have engaged in reckless driving.

(12) The driver of any vehicle shall obey the instructions of any official traffic-control device unless otherwise directed by a traffic or police officer.

(13) U-turns are prohibited on the campus.

(14) Loud mufflers, cut-outs, and any other noise-making devices attached to or located within or on any vehicle are prohibited.

(15) Excessive loud playing of radios and stereos in vehicles is prohibited. The playing shall be deemed excessively loud if it is disturbing the academic environment of the campus.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A) and 49-8-203(a)(1)(D).
• Administrative History: Original rules filed May 17, 2019; effective August 15, 2019.

Tenn. Comp. R. & Regs. 0240-07-03-.06 TOWING/BOOTING OF VEHICLES

(1) Vehicles may be towed/booted if the vehicle is parked or left in violation of MTSU rules or policies, City of Murfreesboro ordinances, and/or Tennessee laws pertaining to motor vehicles, if said vehicle constitutes a traffic/pedestrian hazard, if five (5) or more traffic/parking citations were issued in a semester, or other violations found on the Parking Services website. The owner/parking permit holder of the vehicle will be responsible for any fines assessed against the vehicle and the cost of towing/booting.

(2) Any person whose vehicle is impounded may appeal such action as provided below in Rule

Tenn. Comp. R. & Regs. 0240-07-03-.11 APPEAL OF CITATIONS

(1) Any MTSU student, other than a student holding a faculty/administrative/staff parking permit, who receives a parking/traffic citation may appeal the citation within fifteen (15) calendar days of issuance by going to the SGA website which provides the specific hearing procedures.

(2) Any MTSU employee or campus visitor holding a faculty/administrative/staff parking permit who receives a citation may appeal the citation within fifteen (15) calendar days of issuance by filing an appeal form or by going to the Parking Services website. Specific hearing procedures are described at the website.

(3) Any MTSU student or employee who has his/her vehicle towed may appeal such action as indicated above. This can be done only after the vehicle has been secured from impoundment and within seven (7) calendar days of the towing date.

(4) All appeal decisions are available on the Parking Services website. Individuals who have appealed will also be notified of the appeal decision through the email address provided with the appeal. The appeal decision is final.

(5) The payment of citations will in no way restrict the Office of Student Conduct or the University Parking and Traffic Committee from revoking parking privileges.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A) and 49-8-203(a)(1)(D).
• Administrative History: Original rules filed May 17, 2019; effective August 15, 2019.

Tenn. Comp. R. & Regs. 0240-07-03-.07 VIOLATIONS AND PENALTIES

(1) Fines may be assessed for violations found on the Parking Services website. Fines may be set as determined by MTSU, but will not exceed the amounts imposed by Tennessee law or local ordinance for the same offenses. Such fines are subject to the prior review and approval of the Board. Proposed fines shall be submitted to the Board together with information sufficient to justify the amount of the fine. Such information shall include consideration of fines for the same offense set by Tennessee law or local ordinance, fines for the same offense at similarly situated institutions, association to enforcement costs at the institution, and/or the unique traffic or parking considerations at each institution. Once adopted or amended, all fines shall be affirmatively communicated to the faculty, staff, and students through the Parking Services website and the Traffic and Parking Regulations handbook.

(2) Citations may be given every four (4) hours. No more than two (2) citations will be issued per day for the same violation at the same location. This does not apply to being parked at parking meters.

(3) Overtime parking citations (meters) may be issued every hour.

(4) All fines are to be paid at the Business Office in the Student Services and Admissions Center, Monday through Friday, 8:00 a.m.-4:00 p.m.

(5) Any student with unpaid parking fines may not receive grades or transcripts or be able to register for the next semester until the fines are paid.

(6) A parking permit may be revoked for repeated or flagrant parking or moving vehicle violations. Additionally, a parking permit may be revoked for:

(a) Operating a vehicle while impaired;

(b) Leaving the scene of an accident;

(c) Failure to yield the right-of-way to an emergency vehicle when displaying its emergency lights; or, (d) Failure to obey an officer directing traffic.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A) and 49-8-203(a)(1)(D).
• Administrative History: Original rules filed May 17, 2019; effective August 15, 2019.

Tenn. Comp. R. & Regs. 0240-07-03-.08 VISITORS

(1) Visitors are subject to the rules, policies, ordinances, and laws pertaining to vehicles while on the campus. Violation of such may result in a citation and/or towing of the vehicle.

(2) All visitors are requested to use parking meters or obtain a visitor’s parking permit at either the Parking and Transportation Services Office or its website. Visitor parking permits may not be issued to vehicles registered to current students or employees.

(3) Upon securing a visitor parking permit, visitors may park in the Visitor Lot, or any white, red, green or blue color-coded space that is not marked as reserved.

(4) Requests for special guest parking permits should be submitted to the Parking and Transportation Services Office as far in advance as possible. Special event parking requests should be submitted at least seven (7) calendar days in advance.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A) and 49-8-203(a)(1)(D).
• Administrative History: Original rules filed May 17, 2019; effective August 15, 2019.

Tenn. Comp. R. & Regs. 0240-07-03-.09 RESIDENT PARKING

(1) All on-campus residents seeking to park a vehicle on campus are required to obtain a parking permit according to their residential area. A maximum of two (2) parking permits may be obtained by any family residing at Womack Lane Apartments.

(2) Any on-campus resident who holds a valid MTSU Blue parking permit may park in any clearly marked Blue, White, Red, or Green parking space as well as the parking meters.

(3) Any resident who holds a valid MTSU White parking permit may park in any clearly marked White, Red, or Green permit parking area.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A) and 49-8-203(a)(1)(D).
• Administrative History: Original rules filed May 17, 2019; effective August 15, 2019.

Tenn. Comp. R. & Regs. 0240-07-03-.10 BICYCLES ON CAMPUS

(1) All bicycles on MTSU property must be operated in accordance with all traffic rules, regulations, postings, or directions, regardless of whether the rule, regulation, posting, or direction is included in these rules.

(2) Employees and students using bicycles on campus must register them with Parking and Transportation Services to ensure proper return if recovered after theft, confiscation due to illegal or improper parking, or abandonment.

(3) Bicycle racks are available throughout campus for bicycle parking. Bicycles may not be parked in any other areas not designated for such parking.

(4) Bicycles that are inappropriately parked, in a state of disrepair (flat tires, bent rims, broken chains, etc.) or abandoned (appearance of non-use, etc.) are subject to impoundment.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A) and 49-8-203(a)(1)(D).
• Administrative History: Original rules filed May 17, 2019; effective August 15, 2019.

Chapter 0240-07-04 Academic Misconduct

Tenn. Comp. R. & Regs. 0240-07-04-.01 PURPOSE

This rule sets out the procedure to be followed when a Middle Tennessee State University (“MTSU” or “University”) faculty member believes a student has engaged in academic misconduct.

History

• Authority: T.C.A. § 49-8-203(a)(1)(D).
• Administrative History: Original rules filed May 17, 2019; effective August 15, 2019.

Tenn. Comp. R. & Regs. 0240-07-04-.02 SCOPE

This rule applies only to situations where a faculty member alleges that a student has engaged in academic misconduct. Any allegation of misconduct related to research may also be evaluated under this

rule. Students wishing to appeal final course grades must do so through the process set out in University policy.

History

• Authority: T.C.A. § 49-8-203(a)(1)(D).
• Administrative History: Original rules filed May 17, 2019; effective August 15, 2019.

Tenn. Comp. R. & Regs. 0240-07-04-.03 DEFINITIONS

(1) Academic Exercise. Academic Exercise may consist of all forms of work submitted by a student for academic credit or hours.

(2) Academic Misconduct. Academic Misconduct may consist of acts of plagiarism, cheating, or fabrication.

(a) Plagiarism. Plagiarism includes, but is not limited to, the adoption or reproduction of ideas, words, statements, images, or works from another source as one’s own without proper attribution. This includes self-plagiarism, which occurs when an author submits material or research from a previous academic exercise to satisfy the requirements of another academic exercise and uses it without proper citation of its reuse. Plagiarism also includes the unauthorized use of paraphrasing tools or “text spinners” and artificial intelligence software.

(b) Cheating. Cheating includes, but is not limited to, using or attempting to use unauthorized materials, information, or aids in any academic exercise or test/examination. Cheating also includes unapproved collaboration, which occurs when a student works with others on an individual academic exercise without the express permission of the faculty member. Unapproved collaboration can also include, but is not limited to, sharing of any physical or electronic papers, exams/quizzes, assignments, and/or posting of same to unauthorized websites.

(c) Fabrication. Fabrication includes, but is not limited to, unauthorized falsification or invention of any information or citation in an academic exercise.

(3) Academic Misconduct Committee (Committee) refers to the Committee established under University policy.

(4) Faculty Member. For the purposes of this Rule, a faculty member is the University employee teaching a course or serving in a supervisory, advisory, or evaluative capacity in relation to the student(s) accused of academic misconduct, including graduate teaching assistants who are instructors of record. Graduate teaching assistants or others who are not instructors of record should present documentation of suspected misconduct to the supervising faculty member.

(5) Director of Academic Integrity (Director). A designee of the Vice Provost for Faculty and Strategic Initiatives whose responsibilities are to manage and ensure fairness in the investigation and timely resolution of alleged academic misconduct. The Director does not vote in academic misconduct hearings.

(6) Student. Any person who is admitted and/or registered for study at MTSU for any academic period, either full-time or part-time, undergraduate, graduate, or professional studies.

(7) Notice. For the purposes of this Rule, a notice is a written communication sent to the student’s official MTSU email account, or to the student’s local address as indicated in the student information system, or both as specified in this Rule. Students have the responsibility to check their University-issued email accounts regularly and to ensure that the local mailing address on file with MTSU is current. The requirement to provide notice will be satisfied and any period for response will begin on the date the notice is sent.

History

• Authority: T.C.A. § 49-8-203(a)(1)(D).
• Administrative History: Original rules filed May 17, 2019; effective August 15, 2019. Amendments filed May 3, 2024; effective August 1, 2024.

Tenn. Comp. R. & Regs. 0240-07-04-.04 PROCESS

(1) Academic misconduct is prohibited. Whenever a faculty member believes that academic misconduct has occurred, he/she must provide notice to the student and submit an Academic Integrity Incident Report Form (Incident Report) to the Director within seven (7) business days from the time the faculty member suspects that the alleged academic misconduct occurred. If the semester has ended, the faculty member has ten (10) business days from the date the semester ended to submit the Academic Integrity Incident Report Form. The Incident Report will provide:

(a) The name of the student;

(b) The course in which the academic misconduct is alleged to have occurred;

(c) A description of the academic misconduct; and, (d) Supporting documentary evidence (if available).

(2) A student who has been referred by a faculty member pursuant to this Rule is prohibited from dropping a course in which academic misconduct is alleged, pending final resolution of the case. Students should continue attending class, absent a disciplinary sanction to the contrary, while this procedure is ongoing. If found responsible for committing academic misconduct, a student will not be allowed to drop the course, though continued class attendance is neither prohibited nor required. (Students receiving federal financial aid who stop attending a course may incur significant financial penalties. Students are encouraged to consult the MT One Stop.) Failure to comply with this directive will result in referral to the Office of Student Conduct for violation of general rules and regulations and violation of imposed disciplinary sanctions under University policy and rule.

(3) The Director will review the case within five (5) business days of receipt of the Incident Report. If, in the Director’s opinion, the Incident Report lacks substance or is otherwise deficient, the Director may consult with the referring faculty member and indicate either that additional information is needed or encourage that the Incident Report be withdrawn. Such a consultation may take place before and/or after the Director has met with the student.

(4) For any Incident Report not withdrawn by mutual consent between the Director and the referring faculty member, the Director will send notice to the student and schedule an inperson or virtual meeting to discuss the alleged academic misconduct violation. During this meeting the student can accept responsibility or not accept responsibility for the alleged academic misconduct. If the student accepts responsibility, the Director will decide on University sanctions (see Rule 0240-07-04-.05) appropriate to the case, and the matter will be resolved at that point. The Director will note the resolution on the Incident Report and provide copies to the student, the faculty member, and the Vice Provost for Faculty and Strategic Initiatives. This notice will be sent to the student’s official MTSU email account and/or a hard copy letter will be sent via first class United States Postal Service (USPS) mail to the student’s local address as indicated in the student information system. For graduate students found responsible of academic misconduct, the decision will also be provided to the student’s graduate program director.

(5) If a referred student fails to attend a scheduled meeting with the Director without a reasonable excuse, the Director may find the student responsible in absentia and determine appropriate sanctions. Cases heard in absentia may not be appealed.

(6) If the student does not accept responsibility, the case will be heard by the Committee. The Director will:

(a) Determine whether the matter warrants consideration of suspension or expulsion of the student should the Committee find academic misconduct. If so, the student must be given the option of a hearing held pursuant to the Uniform Administrative Procedures Act (UAPA) as set forth in Rule 0240-07-04-.07, below. A waiver of this option must also be in writing.

(b) As the designee of the Vice Provost for Faculty and Strategic Initiatives, form the Committee from the pool of members for the purpose of the hearing.

(7) Institutional Hearing (a) If the sanction of suspension or expulsion will not be considered or if the student has waived a hearing under the UAPA, the Committee will set an institutional hearing for the matter in a manner that allows reasonable time for faculty and student preparation, ideally no fewer than three (3) and no more than fifteen (15) business days from the student’s request for a Committee hearing. Both the faculty member and the student will be notified of the hearing.

(b) Outside of regular Fall and Spring semesters, hearings will be scheduled under only two (2) circumstances:

1. If lack of resolution affects the student’s ability to graduate in the Spring or Summer; or 2. If the Vice Provost for Faculty and Strategic Initiatives determines that there are extenuating circumstances to warrant a special hearing.

(c) The Director will advise the student, in writing, of the following:

1. The type of alleged academic misconduct and the circumstances alleged by the faculty member to constitute academic misconduct;

2. The date, time, and place of the hearing;

3. That the student may appeal a grade given by the faculty member in response to academic misconduct;

4. The right to receive a list of the witnesses the University expects to present at the proceeding and those the University may present if the need arises;

5. The right to request a copy of the University’s investigative file, redacted in accordance with the Family Educational Rights and Privacy Act of 1974, (20 U.S.C. § 1232g), and the federal regulations implementing that statute, as amended; and, the portion of the state Public Records Act making certain student information confidential (T.C.A. § 10-7-504(a)(4)).

6. The right to request copies of all documents, copies of all electronically stored information, and access to tangible evidence the University has in its possession, custody, or control and may use to support claims or defenses, unless the use would be solely for impeachment; and 7. The rights the student will be afforded at the hearing as specified in Rule 0240- 07-04-.04(7)(e).

(d) The hearing will take place at the scheduled time, regardless of whether the student and/or the referring faculty member choose to attend. Failure to appear at a scheduled hearing abrogates the rights listed under Rule 0240-07-04-.04(7)(e) or (f), as applicable. A hearing may be rescheduled, under extraordinary circumstances, at the discretion of the Director.

(e) The rights applicable to the referred student at the hearing include:

1. The right to present evidence pertinent to the case and to hear and respond to all testimony;

2. The right to be accompanied by an advisor. An advisor may not actively or directly participate in the hearing, but may only consult with the student;

3. The right to call witnesses; and 4. The right to confront witnesses in support of the academic misconduct allegation.

(f) The rights applicable to the referring faculty member at the hearing include:

1. The right to present evidence pertinent to the case and to hear and respond to all testimony;

2. The right to be accompanied by an advisor. An advisor may not actively or directly participate in the hearing, but may only consult with the faculty member;

3. The right to call witnesses; and 4. The right to confront witnesses against the academic misconduct allegation.

(g) The hearing will not be open to the public.

(h) The Committee may exclude evidence it deems immaterial, irrelevant, or unduly repetitious.

(i) Decisions shall be by majority vote of the Committee members present and voting. The Director is a non-voting ex-officio member of the Committee. The Committee may ask the referred student, referring faculty member, and any advisors present to leave the hearing while they deliberate and vote. Votes of individual Committee members will not be reported. In the event of a tie vote, the charge of misconduct is dismissed.

(j) The standard of proof required for a finding of academic misconduct shall be by a preponderance of the evidence.

(k) The Director will, on behalf of the Committee, issue a written decision indicating its finding concerning the charge of academic misconduct. The decision must specify the factual basis for the determination, and, if academic misconduct is found, state whether disciplinary sanctions will be imposed. The decision will be provided to the student, the faculty member, and the Vice Provost for Faculty and Strategic Initiatives. For graduate students found responsible for academic misconduct, the decision will also be provided to the student’s graduate program director.

(l) The student and the faculty member must be notified of the right to appeal the Committee’s decision to the Provost.

(m) Once it has been determined whether academic misconduct has occurred or not, the faculty member shall determine a grade for the academic exercise or examination and/or course.

History

• Authority: T.C.A. §§ 10-7-504(a)(4) and 49-8-203(a)(1)(D).
• Administrative History: Original rules filed May 17, 2019; effective August 15, 2019. Amendments filed May 3, 2024; effective August 1, 2024.

Tenn. Comp. R. & Regs. 0240-07-04-.05 UNIVERSITY SANCTIONS FOR ACADEMIC MISCONDUCT

(1) Appropriate sanctions will be determined by majority vote of the Committee and reported to the Vice Provost for Faculty and Strategic Initiatives for recording in the academic integrity software of record. Students will be provided notice of all sanctions. Graduate programs may impose separate, additional sanctions (up to and including removal from the program) for graduate student academic misconduct. This requires a majority vote of the student’s faculty advisor, program director, and department chair (or academic dean, for interdisciplinary programs). In these instances, program directors are responsible for calling this vote within seven (7) business days of the final disposition of the student’s academic integrity case, promptly notifying the student of additional sanctions, and reporting sanctions to the Vice Provost for Faculty and Strategic Initiatives.

(2) Any finding against the student or admission of responsibility by the student will result in a record that will be maintained and referred to by the Director in the event that a subsequent misconduct case arises against the student, regardless of the severity of sanctions imposed in those instances.

(3) Subsequent determinations of academic misconduct may result in more severe University sanctions. If a student has been found responsible for academic misconduct more than once, the Director will inform the sitting members of the Committee of the nature of prior offenses so that appropriate sanctions may be determined. These facts will not be revealed prior to the Committee’s determination of responsibility in the present case in order to avoid prejudice.

(4) Sanctions may include suspension or expulsion from the University but only if the student was provided the option of a UAPA hearing. (See Rule 0240-07-04-.07 for conducting the hearing required in such a case.)

(5) Sanctions include, but are not limited to:

(a) Reprimand. A written reprimand will be given to a student whose conduct violates any

part of these rules, and warns a student that any further violation(s) may result in more serious consequences;

(b) Specified Educational Program. Requirement to participate in specified educational program(s) or project(s) relevant to the offense and overseen by the Director;

(c) Restriction. A restriction upon a student’s privileges for a period of time may be imposed. This restriction may include, but not be limited to denial of the ability to represent MTSU at any event, ability to participate in University travel, or use of facilities (including, but not limited to, labs, etc.).

(d) Probation. Any student placed on probation will be notified of the terms and length of the probation. Any conduct in further violation of this Rule while on probationary status or the failure to comply with the terms of the probationary period may result in the imposition of more severe disciplinary sanctions, up to and including suspension or expulsion following the hearing process described in these rules for any subsequent academic misconduct violation.

(e) Suspension. Separation from the University for a specified period of time. This includes all instructional delivery methods (including, but not limited to, on ground, online, hybrid, etc.). Suspension may be accompanied by special conditions for readmission.

Any student receiving a sanction of suspension shall be restricted from the campus of MTSU during the period of separation unless on official business with the University verified in writing by the Dean of Students or, if a graduate student, by the Dean of the College of Graduate studies. A suspended student must submit a written request to be on campus to the Dean of Students or, if a graduate student, to the Dean of the College of Graduate Studies, a minimum of forty-eight (48) hours in advance of the scheduled time of his/her business on campus. The request must specify the specific reason to be on campus and the location that the student wishes to visit. The Dean of Students or the Dean of the College of Graduate Studies will issue a written decision regarding the request to be on campus, and the student must carry that written decision with him/her during the time of the visit.

(f) Expulsion. Permanent separation from the University. The imposition of this sanction is a permanent bar to the student’s admission to MTSU. Any student receiving a sanction of expulsion shall be restricted from the campus of MTSU unless on official business with the University verified in writing by the Dean of Students or, if a graduate student, the Dean of the College of Graduate Studies. An expelled student must submit a written request to be on campus to the Dean of Students or, if a graduate student, the Dean of the College of Graduate Studies, a minimum of forty-eight (48) hours in advance of the scheduled time of his/her business on campus. The request must specify the specific reason to be on campus and the location that the student wishes to visit. The Dean of Students or the Dean of the College of Graduate Studies will issue a written decision regarding the request to be on campus, and the student must carry that written decision with him/her during the time of their visit.

(g) Revocation of Admission, Degree, or Credential. Under circumstances deemed appropriate, an offer of admission, a degree, or a credential awarded may be revoked or rescinded upon the recommendation of the Committee and with approval from the relevant department chair/school director and dean, the College of Graduate Studies dean (for graduate cases), the University Provost, and the President. Any final revocation of admission, degree, or credential shall be reported to the University Registrar by the Director.

(h) Other Sanctions. Additional or alternate sanctions may be created and designed as deemed appropriate to the offense and the student’s individual need for education, growth, and reform.

History

• Authority: T.C.A. § 49-8-203(a)(1)(D).
• Administrative History: Original rules filed May 17, 2019; effective August 15, 2019. Amendments filed May 3, 2024; effective August 1, 2024.

Tenn. Comp. R. & Regs. 0240-07-04-.06 APPEAL OF DECISION

(1) The student or faculty member may appeal the Committee’s decision to the Provost within five (5) business days of receipt of the decision.

(2) An appeal must be submitted in writing and may only be filed based on one (1) or both of the following conditions:

(a) An error in procedural due process that prejudiced the Committee to the extent that the student was denied a fundamentally fair hearing as a result of the error; and/or (b) The emergence of new evidence that could not have been previously discovered by the exercise of due diligence and which, had it been presented at the initial hearing, would have substantially affected the decision of the Committee.

(3) The Provost may:

(a) Affirm the decision;

(b) Reverse the decision in whole or in part; or (c) Return the matter to the Director or Committee for reconsideration of the sanction.

(4) The decision of the Provost is final.

History

• Authority: T.C.A. § 49-8-203(a)(1)(D).
• Administrative History: Original rules filed May 17, 2019; effective August 15, 2019.

Tenn. Comp. R. & Regs. 0240-07-04-.07 UAPA HEARING

Any matter that may result in suspension or expulsion of a student from the University is subject to be heard pursuant to the contested case provisions of the Uniform Administrative Procedures Act, T.C.A. §§ 4-5-301, et seq., and shall be processed in accordance with Chapter 0240-07-08, unless the student waives the right to such a hearing in writing.

History

• Authority: T.C.A. §§ 4-5-301, et seq., and 49-8-203(a)(1)(D).
• Administrative History: Original rules filed May 17, 2019; effective August 15, 2019. Amendments filed May 3, 2024; effective August 1, 2024.

Tenn. Comp. R. & Regs. 0240-07-04-.08 RECORDS MAINTENANCE

Whenever there is a finding or admission of responsibility under this Rule, these records will be maintained by the Vice Provost for Faculty Affairs permanently.

History

• Authority: T.C.A. § 49-8-203(a)(1)(D).
• Administrative History: Original rules filed May 17, 2019; effective August 15, 2019.

Chapter 0240-07-05 Student Conduct

Tenn. Comp. R. & Regs. 0240-07-05-.01 PURPOSE

(1) Middle Tennessee State University (MTSU or University) is committed to fostering a campus environment that is devoted to learning, growth, and service. We accept and practice the core values of honesty and integrity, respect for diversity, positive engagement in the community, and commitment to non-violence. The Office of Student Conduct was created to uphold these values, educate the community about behavioral expectations, and hold members of the student community accountable to these rules and expectations.

(2) Student members of the University community are expected to uphold and abide by standards of conduct that form the basis of these rules. Each member of the University community bears responsibility for their conduct. When community members fail to exemplify and uphold these standards of conduct, student conduct procedures are used to assert and uphold these standards.

(3) The student conduct process at MTSU exists to protect the interests of the University community and the individual student while striking a balance between these two (2) interests.

Students and student organizations that do not act in accordance with MTSU rules and expectations will be challenged and may be sanctioned accordingly. Sanctions are designed to assist students and student organizations in achieving acceptable standards of behavior while providing tools and resources for life-long learning and conflict resolution.

(4) Generally, a victim’s input shall be sought during the disciplinary process; however, the right and responsibility for disposition of any individual complaint is reserved by the University. If a victim withdraws his/her/its complaint or refuses to offer testimony during the course of a disciplinary proceeding, the University reserves the right to proceed without his/her/its input.

(5) The University is committed to respecting students’ constitutional rights. These rules shall be interpreted in a way that does not violate students’ constitutional rights, including, without limitation, the rights protected by the First Amendment to the United States Constitution.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A) and 49-8-203(a)(1)(D).
• Administrative History: New rules filed February 8, 2022; effective May 9, 2022.

Tenn. Comp. R. & Regs. 0240-07-05-.02 DEFINITIONS

(1) Student. For the purposes of these rules, a student shall mean any person who is admitted and/or registered for study at MTSU for any academic period, either full-time or part-time, undergraduate, graduate, or professional studies. This shall include any period of time following admission and/or registration, but preceding the start of classes for any academic May, 2022 2 period. It will also include any period which follows the end of an academic period through the last day for registration for the succeeding academic period, and during any period while the student is under suspension from the University. Finally, a student shall also include any person subject to a period of suspension or removal from campus as a sanction which results from a finding of a violation of these rules. In summary, the University considers a person a student when an offer of admission has been extended and thereafter as long as the student has a continuing educational interest in the University.

(2) Student Organization. For the purposes of these rules, a student organization is a group consisting primarily of currently enrolled students which has become officially recognized by the University following successful completion of the registration process.

(3) University Official(s). For the purposes of these rules, a University Official is an administrator within the Office of Student Conduct, specifically, the Assistant Dean for Student Conduct and/or the Student Conduct Coordinator or their designees.

(4) Notice. For the purposes of these rules, a notice is a written communication sent to a student or student organization as directed by these rules. A notice provided to a student will be sent via the student’s official MTSU email account as well as a hard copy letter sent via first class USPS mail to the student’s local address as indicated in the student information system. A notice sent to a student organization will be sent to the organization’s president at that student’s MTSU email address and his/her local address. Students have the responsibility to regularly check their University-issued email accounts and to ensure that the local address on file with MTSU is current. The requirement to provide notice will be satisfied when sent as indicated and any period for response will begin on the date the email and/or letter is sent, whichever is sent first.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A) and 49-8-203(a)(1)(D).
• Administrative History: New rules filed February 8, 2022; effective May 9, 2022.

Tenn. Comp. R. & Regs. 0240-07-05-.03 RESPONSIBILITY AND JURISDICTION

(1) The President of MTSU is authorized to take such action as may be necessary to maintain campus conditions and to preserve the integrity of the University and its educational environment. The President has determined that the responsibility for the administration of student conduct at MTSU is a function of the Dean of Students’ office and/or the appropriate adjudicating body. The Dean of Students’ designees are University Officials as defined in this

rule at 0240-07-05-.02(3). The University Officials are authorized to make the determination and/or recommendation of the method of hearing for each complaint or allegation and to provide other opportunities for conflict resolution outside of the conduct process consistent with these rules. The University Officials shall implement requirements for the administration of the student conduct program.

(2) Matters concerning academic misconduct are the responsibility of the Office of the University Provost and/or the University Academic Misconduct Committee.

(3) Students and student organizations are responsible for compliance with applicable University rules at all times. Student organizations are subject to discipline for the conduct and actions of individual members of the organization while acting in their capacity as members of, or while attending or participating in any activity of, the organization.

(4) Disciplinary action may be taken against a student or student organization for violations of these rules which occur on University owned, leased, or otherwise controlled property, while participating in international or distance learning programs, and off campus, when the conduct impairs, interferes with, or obstructs any University activity or the mission, processes, and functions of the University. MTSU may also take disciplinary action for any off-campus behavior May, 2022 3 that affects a substantial University interest. A substantial University interest is defined to include:

(a) Any situation where a student’s conduct may present a danger or threat to the health or safety of others;

(b) Any situation that significantly impinges upon the rights, property, or achievements of others;

(c) Any situation that is detrimental to the educational mission and/or interests of the University.

(5) MTSU may enforce these rules regardless of the status or outcome of any external proceedings instituted in any other forum, including any civil or criminal proceeding. Should a student withdraw from the University with University disciplinary action pending, the student’s record may be encumbered by the appropriate University office until the proceedings have been concluded. The University may take action even if a student is absent from the proceeding.

(6) Confidentiality of Discipline Process. Subject to the exceptions provided pursuant to the Family Educational Rights and Privacy Act of 1974 (FERPA), 20 U.S.C. 1232g and/or the Tennessee Open Records Act, T.C.A. § 10-7-504(a)(4), a student’s disciplinary files are considered “education records” and are confidential within the meaning of those Acts, provided that students have the right to review their own disciplinary files.

History

• Authority: T.C.A. §§ 10-7-504(a)(4), 49-8-101(a)(2)(A), and 49-8-203(a)(1)(D).
• Administrative History: New rules filed February 8, 2022; effective May 9, 2022.

Tenn. Comp. R. & Regs. 0240-07-05-.04 STUDENT CONDUCT RULES: VALUES AND BEHAVIORAL EXPECTATIONS

MTSU has adopted the following Community Standards of conduct. Each person who joins or affiliates with the University community does so freely and is expected to abide by these Community Standards. Following each Community Standard is a non-exclusive list of prohibited behaviors for which both students and student organizations may be subject to disciplinary action if such prohibited behavior is engaged in. These prohibited behaviors are considered inappropriate and in opposition to the Community Standards and expectations set forth by MTSU.

(1) Community Standard: MTSU is committed to developing and nurturing a community devoted to learning, growth, and service. Behavior by students or student organizations including, but not limited to, the following, may be considered as being in violation of this Community Standard.

(a) Alcoholic Beverages.

1. The use and/or possession of alcoholic beverages on University owned or controlled property. This offense includes the violation of any local ordinance, state, or federal law concerning alcoholic beverages, on or off University owned or controlled property, where an affiliated group or organization has alcoholic beverages present and available for consumption. It will not be considered a violation of this rule if a student of legal drinking age possesses or consumes alcohol purchased from a third-party vendor during approved events taking place at a sports authority facility so long as the beverage is consumed within the sports

authority facility. It will also not be considered a violation of this rule if a student of legal drinking age possesses or consumes alcohol provided at an event approved by the President to serve alcoholic beverages so long as the beverage is consumed within the confines of the designated area of the event.

May, 2022 4 2. A student who is under the influence of alcohol should not be reluctant to seek assistance in the event of a health or safety emergency for fear of being sanctioned. The Office of Student Conduct will generally not pursue disciplinary action against a student (or against a witness) for his/her improper use of alcohol (e.g., underage drinking) under that circumstance. This practice only applies to amnesty from violations of this rule. It does not grant amnesty for criminal, civil, or legal consequences for violations of federal, state, or local law.

(b) Drugs.

1. The unlawful possession or use of any drug or controlled substance (including, but not limited to, any stimulant, depressant, narcotic or hallucinogenic drug, or marijuana), sale or distribution of any such drug or controlled substance. This offense includes:

(i) The violation of any local ordinance, state, or federal law concerning the unlawful possession or use of drugs, on or off University owned or controlled property;

(ii) Abusing legally obtained drugs by failing to take the drug as prescribed/directed and/or providing the prescribed drug to another person;

(iii) Using a prescription drug that has not been prescribed to the individual.

2. Any reasonable suspicion of drug use or possession including, but not limited to, the odor of burnt or raw marijuana, physical characteristics of impairment, and/or possession of any paraphernalia that can be used for drug consumption may lead to an investigation and possible violation of this rule.

3. A student who is under the influence of drugs should not be reluctant to seek assistance in the event of a health or safety emergency for fear of being sanctioned. The Office of Student Conduct will generally not pursue disciplinary action against a student (or against a witness) for his/her improper possession or use of drugs under that circumstance. This practice only applies to amnesty from violations of this rule. It does not grant amnesty for criminal, civil, or legal consequences for violations of federal, state, or local law.

(c) Drug Paraphernalia. The use or possession of equipment, products, or materials that are used or intended for use in manufacturing, growing, using, or distributing any drug or controlled substance. This offense includes, but is not limited to, the violation of any local ordinance, state, or federal law concerning the unlawful possession of drug paraphernalia, on or off University owned or controlled property.

(d) Public Intoxication.

1. Appearing on University owned or controlled property or at a University sponsored event while under the influence of a controlled substance or of any other intoxicating substance to the degree that the individual may be endangered; there is endangerment to other persons or property; or, the individual unreasonably annoys people in the vicinity.

2. A student who is under the influence of alcohol or drugs should not be reluctant to seek assistance in the event of a health or safety emergency for fear of being sanctioned. The Office of Student Conduct will generally not pursue disciplinary action against a student (or against a witness) for his/her improper use of alcohol (e.g., underage drinking) under that circumstance. This practice only applies to May, 2022 5 amnesty from violations of this rule. It does not grant amnesty for criminal, civil, or legal consequences for violations of federal, state, or local law.

(e) Explosives, Fireworks, and Flammable Materials. The unauthorized possession, ignition, or detonation of any object or article which could cause damage by fire or other means to persons or property, or possession of any substance which could be considered to be, and used, as fireworks.

(f) Violation of University Rules. Any violation of the rules of the University.

(g) Violation of State or Federal Laws. Any violation of state or federal laws or regulations proscribing conduct or establishing offenses, which laws and regulations are incorporated herein by reference.

(h) Disorderly Conduct. Any behavior that unreasonably disrupts the academic environment (e.g., including, but not limited to, that which interferes with teaching, classroom operations, research, etc.) or unreasonably interferes with operations, events, or programs on University owned or controlled property, or during a University event. This includes, but is not limited to, unauthorized use of sirens, loudspeakers, and other sound amplification equipment.

(i) Misuse of or Damage to Property. Any act of misuse, vandalism, malicious or unwarranted damage or destruction, defacing, disfiguring, or unauthorized use of property belonging to another including, but not limited to, any personal or University property, fire alarms, fire equipment, elevators, telephones, University keys, library materials, and/or safety devices.

(j) Obstruction of or Interference with University Activities or Facilities. Any intentional interference with, or obstruction of, any University program, event, or facility including, but not limited to, the following:

1. Any unauthorized occupancy of facilities owned or controlled by the University or blockage of access to or from such facilities;

2. Interference with the right of any University member or other authorized person to gain access to any activity, program, event, or facilities sponsored or controlled by the University;

3. Any obstruction or delay of a campus security officer, public safety officer, police officer, firefighter, EMT, or any official of the University, or failure to comply with any emergency directive issued by such person in the performance of his/her duty;

4. Participation in, or inciting others to participate in, activities that substantially impede University operations;

5. Interference of either: (1) the instructor’s ability to conduct class; or (2) the ability of other students to participate in and profit from instructional activity; or, 6. Obstruction of the free flow of pedestrian or vehicular traffic on University owned or controlled property, or at a University event.

(k) Unacceptable Conduct in Disciplinary Proceedings. Any conduct at any stage of a University disciplinary process or investigation that is contemptuous, disrespectful, threatening, or disorderly. This includes, but is not limited to, false complaints, retaliation, providing false testimony or other evidence, and attempts to influence the impartiality of May, 2022 6 a member of a judicial body, verbal or physical harassment or intimidation of a judicial board member, complainant, respondent, or witness.

(l) Unauthorized Access to University Facilities and/or Grounds. Any unauthorized access and/or occupancy of University facilities and grounds is prohibited including, but not limited to, gaining access to facilities and grounds that are closed to the public, being present in areas of campus that are open to limited guests only, or being present in academic buildings after hours without permission.

(m) Pornography or Obscenity. Public display on property owned, leased, or controlled by the University of literature, films, pictures, or other materials which an average person applying contemporary community standards would find taken as a whole, appeals to the prurient interest; depicts or describes sexual conduct in a patently offensive way; and, taken as a whole, lacks serious literary, artistic, political, or scientific value.

(n) Student Identification Cards. Failure to possess at all times a valid student identification card or an alternate ID that will prove student status; or, failure to surrender ID card to a University Official upon proper request.

(o) Gambling. Unlawful gambling in any form.

(p) Joint Responsibility. Any attempt to commit any of the offenses listed under this section, or the aiding or abetting of the commission of any of the offenses listed under this section (an attempt to commit an offense is defined as the intention to commit the offense coupled with the taking of some action toward its commission). Being present during the planning or commission of any offense listed under this section will be considered as aiding and abetting. Students who anticipate or observe an offense must remove themselves from the situation and are required to report the offense to the University.

(q) Litter. Dispersing litter in any form onto the grounds or facilities of the University or on property owned, leased, or controlled by the University.

(r) Sirens and Loudspeakers. Unauthorized use of sirens, loudspeakers, and other sound amplification equipment.

(s) Graffiti. Damage or defacement of MTSU property or on property owned, leased, or controlled by the University by painting, chalking, writing, stenciling, or by any other means of application on such property.

(2) Community Standard: Honesty and Integrity. The notions of personal and academic honesty and integrity are central to the existence of the MTSU community. All members of the community will strive to achieve and maintain the highest standards of academic achievement in the classroom, and personal and social responsibility on and off campus. Behavior by students or student organizations including, but not limited to, the following, may be considered as being in violation of this Community Standard.

(a) Theft, Misappropriation, or Unauthorized Sale of Property. Any act of theft, misappropriation, or unauthorized possession or sale of University property, or any such act against a member of the University community or a guest of the University, including identity theft.

(b) Failure to Cooperate with University Officials. Failure to comply with directions or directives of University Officials acting in the performance of their duties.

May, 2022 7 (c) Providing False Information. Giving any false information to, or withholding necessary information from, any University Official acting in the performance of his/her duties in connection with a student’s admission, enrollment, or status in the University.

(d) Misuse of Documents or Identification Cards. Any forgery, alteration of, or unauthorized use of University documents, forms, records, or identification cards including, but not limited to, the giving of any false information, or withholding of necessary information, in connection with a student’s admission, enrollment, or status in the University.

(e) Financial Irresponsibility. Failure to meet financial responsibilities to the University promptly including, but not limited to, knowingly passing a worthless check or money order in payment to the University.

(f) Violation of Imposed Disciplinary Sanctions. Intentional or unintentional violation of a disciplinary sanction officially imposed by a University Official or a constituted body of the University.

(g) Unauthorized Surveillance. Making or causing to be made unauthorized images of a person in a location in which that person has a reasonable expectation of privacy, without the prior effective consent of the individual, or in the case of a minor, without the prior effective consent of the minor’s parent or guardian, recognizing that the parent cannot consent on behalf of a child for criminal acts as provided in state law. This includes, but is not limited to, taking video or photographic images in shower/locker rooms, residence hall rooms, and restrooms, and storing, sharing, and/or distributing of such unauthorized images by any means.

(h) Unauthorized Duplication or Possession of Keys. Making, causing to be made, or the possession of any key for a University facility without proper authorization.

(i) Fire Drills. Failure to evacuate University facilities or willfully disregarding any emergency or fire alarm signal.

(3) Community Standard: Respect for Diversity. The MTSU community is composed of individuals representing different races, ethnicities, sexual orientations, cultures, and ways of thinking. We respect individual differences and perspectives and acknowledge our commonalities. Behavior by students or student organizations including, but not limited to, the following may be considered as being in violation of this Community Standard.

(a) Harassment or Retaliation. Any act against another person or group in violation of MTSU rules, as well as federal and/or state laws prohibiting discrimination or retaliation.

(b) Retaliation also includes, in this context, an act intended or reasonably likely to dissuade a person from participating in the student disciplinary process or pursuing a complaint about a violation of MTSU rules, as well as, state or federal law.

(4) Community Standard: Commitment to Non-violence. MTSU is committed to the principles of non-violence and peaceful conflict resolution. Community members will freely express their ideas and resolve differences using reason and persuasion. Behavior by students or student organizations including, but not limited to, the following, may be considered as being in violation of this Community Standard.

(a) Threatening or Dangerous Conduct. Any conduct, or attempted conduct, which poses a threat to the safety of others or when the behavior is disruptive of the University’s learning environment.

May, 2022 8 (b) Hazing. Hazing, as defined in T.C.A. § 49-7-123(a)(1), means any intentional or reckless act, on or off the property, of any higher education institution by an individual acting alone, or with others, which is directed against any other person(s) that endangers the mental or physical health or safety of that person(s), or which induces or coerces a person(s) to endanger such person(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.

(c) Firearms and Other Dangerous Weapons. Except as may otherwise be permitted by law, the possession or use of firearms, explosives, fireworks, inflammables, dangerous chemical mixtures, and/or dangerous weapons of any kind including, but not limited to, knives, tasers, asp batons, tactical or telescoping batons, brass knuckles, whips, BB guns, pellet guns, propelled missiles, and/or stun guns is prohibited. The possession or use of ammunition, which includes, but is not limited to, bullets, paint balls, pellets, and BBs is prohibited. Any possession or use of replica/toy guns including, but not limited to, BB guns or cap guns, pellet guns, paintball guns, water guns, "Super Soakers," toy knives, slingshots, or other items that simulate firearms or dangerous weapons is prohibited.

(d) Sexual Misconduct.

1. Sexual misconduct includes dating violence, domestic violence, stalking and sexual assault as defined by applicable University rules.

2. A student who is a victim of sexual misconduct and who was under the influence of alcohol or drugs during the sexual misconduct incident should not be reluctant to seek assistance for fear of being sanctioned for his/her improper use of alcohol or drugs. The Office of Student Conduct will generally not pursue disciplinary action against the victim (or against a witness) for his/her improper use of alcohol or drugs (e.g., underage drinking) if the victim or witness is making a good faith report of sexual misconduct. This practice only applies to amnesty from violations of this rule. It does not grant amnesty for criminal, civil, or legal consequences for violations of federal, state, or local law.

History

• Authority: T.C.A. §§ 49-7-123(a)(1), 49-8-101(a)(2)(A), and 49-8-203(a)(1)(D).
• Administrative History: New rules filed February 8, 2022; effective May 9, 2022.

Tenn. Comp. R. & Regs. 0240-07-05-.05 CLASSROOM MISCONDUCT

(1) The instructor has the primary responsibility for maintenance of academic integrity and managing classroom behavior, and can order the temporary removal or exclusion from the classroom of any student engaged in disorderly conduct as defined in Rule 0240-07-05- .04(1)(h), or conduct that violates applicable rules of the University for each class session during which the conduct occurs. Extended or permanent exclusion from the classroom, beyond the session in which the conduct occurred, or further disciplinary action can be effected only through appropriate procedures of the University. If an instructor wishes to remove a student from the classroom for a longer period of time or permanently, he/she must refer the student to the Office of Student Conduct.

(2) The instructor is expected to outline behavioral expectations for each class at the beginning of the academic term and as needed throughout the semester.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A) and 49-8-203(a)(1)(D).
• Administrative History: New rules filed February 8, 2022; effective May 9, 2022. May, 2022 9

Tenn. Comp. R. & Regs. 0240-07-05-.06 DISCIPLINARY SANCTIONS

(1) A disciplinary sanction is a consequence for being found in violation of University rules. The following disciplinary sanctions are applicable to both students and student organizations.

Upon a determination that a student or student organization has violated these rules, disciplinary sanctions may be imposed, either singly or in combination, by the appropriate University Official.

(2) Pursuant to T.C.A. § 49-7-146, the University will notify the parent/guardian of students under the age of twenty-one (21) who have been found responsible for alcohol and/or drug-related violations. In addition, the parent/guardian may be contacted in any instance in which the safety of the student has been threatened either through the student’s own behavior or the behavior of others.

(3) Definition of Sanctions:

(a) Restitution. Restitution may be required in situations which involve destruction, damage, loss of property, or unreimbursed medical expenses resulting from physical injury. When restitution is required, the student or student organization is obligated to compensate a party or parties for a loss suffered as a result of disciplinary violation(s). Any such payment in restitution shall be limited to actual cost of repair, replacement, labor, or financial loss.

(b) Reprimand. A written or verbal reprimand or notice may be given to any student or student organization whose conduct violates any part of this rule and provides notice that any further violation(s) may result in more serious consequences.

(c) Service to the University or Local Community. A student or student organization may be required to donate a specified number of service hours to the University or the local community. All community service hours must be approved by the Office of Student Conduct prior to a student or student organization beginning the service.

(d) Specified Educational/Counseling Program. A student or student organization may be required to participate in specified educational or counseling program(s) relevant to the offense, or to prepare a project or report concerning a relevant topic.

(e) Apology. A student or student organization may be given the opportunity, under certain circumstances, to voluntarily apologize to MTSU or its guests, another student or student organization, faculty or staff member, or any other affected party, either verbally or in writing, as an alternative or in addition to the imposition of other sanctions, for the behavior related to an offense.

(f) Restriction. A restriction upon a student’s or student organization’s privileges for a period of time may be imposed. This restriction may include, but not be limited to, denial of the ability to represent the University at any event, ability to participate in University travel, eligibility to hold office in a student organization, use of facilities, parking privileges, participation in extracurricular activities, and/or restriction of organizational privileges.

(g) Probation. Official notice that the continued enrollment of a student or recognition of a student organization on probation will be conditioned upon adherence to these rules. Any student or student organization placed on probation will be notified in writing of the terms and conditions of the probation. Any conduct in further violation of these rules while on probationary status or the failure to comply with the terms and conditions of the probation may result in the imposition of more severe disciplinary sanctions, specifically suspension or expulsion.

May, 2022 10 (h) Housing Probation. Continued residence in campus or student housing may be conditioned upon adherence to these rules, as well as, University housing rules. Any student placed on housing probation will be notified in writing of the terms and length of the probation. Probation may include restrictions upon the activities of the student, including any other appropriate special condition(s). If a student incurs additional violations during the probationary period, the student may become a candidate for housing suspension.

(i) Involuntary Housing Reassignment. A student may be involuntarily moved to another housing assignment if necessary.

(j) Housing Suspension and Forfeiture. Removal from University housing for a specified period of time or permanently. A student suspended from housing may not reside, visit, or make any use whatsoever of a University housing facility or participate in any University housing activity during the period for which the sanction is in effect. A suspended student shall be required to forfeit housing fees (including any unused portion thereof and the Housing Pre-Payment). A suspended student must vacate the housing unit as directed by University staff. This sanction may be enforced with a University Police trespass restriction, if necessary.

(k) Suspension. Separation of a student or a student organization from the University for a specified period of time. This includes all instructional delivery methods (including, but not limited to, on ground, online, distance education, etc.). A suspended student organization will forfeit its recognition as a student organization for the duration of its suspension. Suspension may be accompanied by special conditions for readmission or recognition.

Any student or student organization receiving a sanction of suspension shall be restricted from the campus of MTSU during the period of separation unless on official business with the University verified in writing by the Dean of Students’ office. A suspended student or organization (through its authorized representative) must submit a written request to be on campus to the Dean of Students a minimum of forty-eight (48) business hours in advance of the scheduled time of his/her business on campus. The request must specify the specific reason the student/organization seeks to be on campus and the location that the student/organization wishes to visit. The Dean of Students will issue a written decision regarding the request to be on campus, and the student/authorized representative of the organization is expected to carry that written decision with him/her during the time of the visit, if the request is approved. Students/organizations who have been suspended are not permitted to live or board in University facilities or housing unless otherwise approved or provided by the University. This sanction will be enforced with a University Police trespass restriction, if necessary.

(l) Expulsion. Permanent separation from the University. The imposition of this sanction is a permanent bar to the student’s admission, or a student organization’s recognition by the University.

A student or student organization that has been expelled may not enter University property or facilities without obtaining prior approval from the Dean of Students. Any student receiving a sanction of expulsion shall be permanently restricted from the campus of MTSU unless on official business with the University verified in writing by the Dean of Students. An expelled student or organization (through its authorized representative) must submit a written request to be on campus to the Dean of Students’ office a minimum of forty-eight (48) business hours in advance of the scheduled time of his/her business on campus. The request must specify the specific reason the student/organization seeks to be on campus and the location that the student/organization wishes to visit. The Dean of Students will issue a written decision May, 2022 11 regarding the request to be on campus, and the student/authorized representative of the organization is expected to carry that written decision with him/her during the time of the visit, if the request is approved. Students/organizations who have been expelled are not permitted to live or board in University facilities or housing unless otherwise approved or provided by the University. This sanction will be enforced with a University Police trespass restriction, if necessary.

(m) Revocation of Admission, Degree, or Credential. Under circumstances deemed appropriate, an offer of admission, a degree or a credential awarded may be revoked or rescinded.

(n) Other Sanctions. Additional or alternate sanctions may be created and designed as deemed appropriate to the offense and the student’s or student organization’s need for education, growth, and reform.

(o) Interim Involuntary Withdrawal or Suspension. As a general rule, the status of a student or student organization accused of a violation of these rules should not be altered until a final determination has been made in regard to the charges. However, interim involuntary withdrawal or suspension, pending the completion of disciplinary procedures, may be imposed upon a finding by the appropriate University Official that the conduct or attempted conduct of the student or student organization poses a direct threat to the safety of any other member of the University, its guests, or property; or, if the behavior is materially and substantially disruptive of the University’s learning environment or other campus activities. Violation of an interim or final “No Contact Directive” or other restriction issued in conjunction with an investigation conducted pursuant to MTSU rule concerning misconduct, discrimination, and/or harassment based on sex, including pregnancy, sexual orientation, and gender identity/expression may result in temporary discipline up to and including an interim involuntary withdrawal or suspension being imposed on the violating student or student organization. In any case of interim involuntary withdrawal or suspension, the student or student organization, shall be given an opportunity at the time of the decision, or as soon thereafter as reasonably possible, to contest the interim involuntary withdrawal or suspension in an interim involuntary withdrawal/suspension hearing. During an interim involuntary withdrawal or suspension, the student or student organization shall be denied access to residence halls, campus (including all classes), and/or all other University activities or privileges for which the student or student organization might otherwise be eligible, as the Dean of Students or designee may determine to be appropriate. A preliminary hearing will be held by a designee of the Dean of Students in consultation with appropriate University Officials and the Vice President for Student Affairs, within five (5) business days of the interim involuntary withdrawal or suspension to determine if the interim involuntary withdrawal or suspension should continue until a formal hearing of the charges by a University adjudicating body can be held. During this preliminary hearing, the student or student organization will be given notice of the allegations supporting the imposition of interim involuntary withdrawal or suspension and a summary of the evidence that supports the allegations. The student or student organization will be afforded an opportunity to respond to the allegations. If the interim involuntary withdrawal or suspension is upheld, the formal hearing concerning withdrawal, suspension, or expulsion shall be held as soon as practical. Conditions may be placed on a student or student organization for his/her/its return to the University. The student or student organization may be required to provide documentation that he/she/it has taken steps to mitigate the previous behavior (e.g., including, but not limited to, having followed a treatment plan, submitted periodic reports, granted permission for the University to talk to the treating professional).

(p) Temporary Student Organization Cease and Desist. A temporary organizational cease and desist is instituted when the University has received information indicating that the continued activity of the student organization could (1) potentially put students or the May, 2022 12 community at risk; (2) cause irreparable harm to the University or student organization;

(3) influence the integrity of an investigation; and/or (4) increase the student organization’s or University’s fault or liability. A temporary student organization cease and desist can be issued by the University alone or in conjunction with a national/regional organization cease and desist. The Office of Student Conduct will notify the parent office (i.e. Student Organizations and Service and/or Fraternity and Sorority Life) and the designated student representative that the student organization has been temporarily restricted from conducting business. During the time of the temporary cease and desist, the student organization will be prohibited from conducting organizational business including, but not limited to, organizational meetings, social activities, philanthropic activities, and representation of the University. The cease and desist duration will be determined on a case-by-case basis.

History

• Authority: T.C.A. §§ 49-7-146, 49-8-101(a)(2)(A), and 49-8-203(a)(1)(D).
• Administrative History: New rules filed February 8, 2022; effective May 9, 2022.

Tenn. Comp. R. & Regs. 0240-07-05-.07 STUDENT CONDUCT HEARING OFFICERS AND/OR BOARDS

As permitted by state law and at the direction of the University President, violations under these rules may be heard by the following: administrative judge appointed by the Administrative Procedures Division of the Office of the Secretary of State, hearing officers and/or boards or committees.

(1) The University Official and/or their designee shall conduct all preliminary reviews and disciplinary conferences. These staff members will also conduct investigations as necessary.

(2) The Student Judicial Board shall consist of nine (9) students. The Board may be convened to hear cases involving alleged violations of University rules committed by students and student organizations. If the student or student organization is found responsible, the Board recommends appropriate disciplinary sanctions to the Dean of Students. This Board may also be convened to hear matters relative to the interpretations of the Student Government Association constitution and any other Student Government Association legislation, as well as cases regarding student parking citations. Information regarding application, selection procedures, qualifications, and vacancies can be found in the Student Government Association constitution.

(3) The University Discipline Committee determines whether or not a student or student organization is to be held responsible for violation(s) of these rules. If found responsible, the Committee recommends appropriate disciplinary sanctions to the Vice President for Student Affairs.

(4) The Student Appeals Committee hears appeals of disciplinary decisions rendered by the Student Judicial Board and the University Discipline Committee and makes a recommendation for disposition of the appeal to the Vice President for Student Affairs.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A) and 49-8-203(a)(1)(D).
• Administrative History: New rules filed February 8, 2022; effective May 9, 2022.

Tenn. Comp. R. & Regs. 0240-07-05-.08 DISCIPLINARY PROCEDURES

(1) Responsibility for Administration. The administration of discipline is a function of the Dean of Students’ Office and/or the appropriate adjudicating body with the exception of matters concerning academic misconduct, which is a function of the Office of the University Provost and/or the Academic Misconduct Committee. Complaints involving discrimination and harassment, including sexual discrimination, sexual harassment, dating violence, domestic violence, or stalking will be investigated pursuant to applicable MTSU rules. If a violation is determined to have occurred, the student or student organization will be subject to the disciplinary process provided in this rule or other applicable University rules.

May, 2022 13 (2) Standard of Proof. The standard of proof utilized in all student disciplinary matters is the preponderance of the evidence. Students and student organizations should be aware that the student conduct process is different from criminal and civil court proceedings. The student conduct process is built on fundamental fairness. Due process, as defined in this rule, includes written notice of the student conduct rules that are in question and an opportunity to be heard by an objective decision-maker. Students and student organizations will only be found in violation of the student conduct rules when it is more likely than not that a violation occurred.

This is called a preponderance of the evidence. Sanctions will be fundamentally proportional to the severity of the violation, the student’s willingness to comply with student conduct rules in the future, and the cumulative conduct history of the student.

(3) Disciplinary Referral. Reports of behaviors and incidents involving students and student organizations may be referred for evaluation and possible disciplinary action by the University Police, residence hall staff members, faculty, staff, students, and other members of the University and city community. Referrals should be in writing and should be directed to the Assistant Dean for Student Conduct. A hard copy of a written referral may also be dropped off at the Office of Student Conduct. Contact information and email and office addresses can be located on the Office of Student Conduct website.

(4) Preliminary Review. All disciplinary referrals will undergo a preliminary review. The appropriate University Official will review the referral to determine if the possibility exists that a student conduct rule was violated, if additional information is needed prompting an investigation, if immediate action is warranted, and if there are other University entities that need to be put on notice that the behavior has occurred. If the University Official determines that there is a possibility that a student conduct rules violation has occurred and additional information is not needed, he/she will issue a disciplinary charge(s) against the student or student organization.

If the University Official determines that additional information is needed, he/she will conduct an investigation. If immediate action is needed, the University Official will consult with the appropriate University Officials such as, but not limited to, the Office of the University Counsel, to determine the best course of action. If other entities need to be informed of the matter, the University Official will consult with the appropriate University Officials to determine the specific information that will be shared about the behavior or incident.

(5) Notice of Disciplinary Charges and Disciplinary Conference.

(a) A disciplinary charge means an allegation of a potential violation of the student conduct rules. The purpose of a disciplinary conference is to determine whether there is a preponderance of the evidence to support the charges, and if so, to determine responsibility and appropriate sanctions. When disciplinary charges are issued to a student or student organization, the Student Conduct office will issue a written notice of the alleged violation(s) and the student’s rights, and establish a disciplinary conference meeting date and time for the student or student organization, and assigned University Official. During this disciplinary conference, the student or student organization will be reminded which University rules are alleged to have been violated, and the student or student organization will be given an opportunity to explain his/her/its version of the behavior or incident, or to otherwise refute the allegations. Students and student organizations must be notified in writing that they are afforded the following rights in the disciplinary conference:

1. The right to know what disciplinary violation(s) they have been charged with;

2. The right to tell their side of the story, present evidence, and request that fact witnesses be permitted to share information on their behalf;

May, 2022 14 3. The right to be accompanied by an advisor of their choosing whose participation is limited to directly advising the student or student organization. The advisor cannot be a student who has been charged with a violation of the student conduct rules related to the same incident for which the meeting has been called;

4. The right to receive the decision and their imposed sanctions in writing.

(b) The University Official will review the incident taking into account all information gathered pertinent to the matter, as well as the information provided by, or on behalf of, the student or student organization. A determination will be made as to whether or not there has been a violation of the student conduct rules and, if so, what the appropriate sanction(s) will be. The University Official may also determine that additional information or followup is needed prior to being able to make a determination regarding responsibility for a student conduct rules violation and may delay a decision until such a time that the needed information is acquired. The University Official can also refer the matter to the University Discipline Committee, if the case is particularly complex or the student or student organization would be best served by having a committee review the case.

(c) If the student or student organization alleged to have engaged in misconduct does not respond after having been provided notice of the disciplinary conference, the University Official will make a determination as to responsibility for the alleged conduct violation based on the information gathered to that point and will impose a sanction as deemed appropriate.

(6) Hearing Options. The majority of student disciplinary cases are resolved at the Disciplinary Conference level when the student or student organization accepts responsibility for the violation and the recommended sanction(s). However, if this does not occur, the matter may proceed to a hearing. If the recommended sanction is suspension, expulsion or revocation of recognition of the student organization, the student or student organization has two (2) choices regarding resolution of the disciplinary case. The first choice is to request a hearing before the University Discipline Committee. The second choice is to request a hearing pursuant to the Uniform Administrative Procedures Act (UAPA). The University Official will explain the two (2) choices, and the student or student organization will indicate his/her/its selection in writing.

Once the selection is made, the student or student organization cannot elect another option or revert back to the original decision rendered by the University Official. In addition, the Office of Student Conduct can refer a matter to a hearing when the case is unusually complex and/or problematic.

(a) Student Judicial Board (SJB) and University Discipline Committee (UDC) hearings.

1. The SJB and UDC will hear student disciplinary cases when requested by a student or student organization, or when referred by the Office of Student Conduct.

The SJB or UDC makes its recommendation(s) to the Dean of Students or Vice President for Student Affairs, respectively. The Dean of Students and Vice President can uphold the recommendation(s), reverse the recommendation(s), or send the recommendation(s) back to the SJB or UDC for reconsideration of the sanctions only.

2. The Office of Student Conduct has the responsibility for scheduling SJB and UDC hearings, including the selection of date, time, and location as well as providing information to the student or student organization about the hearing format and process. The student or student organization will be notified of the hearing schedule a minimum of five (5) business days in advance of the actual hearing date. These hearings are closed to the public unless all parties agree, in writing, to an open hearing.

May, 2022 15 3. Students and student organizations are afforded the rights guaranteed in the Disciplinary Conference (see Rule 0240-07-05-.08(5)(a)) as well as the following additional rights, which shall be provided in writing:

(i) The right to receive notice of the date, time, and place of the hearing at least five (5) business days in advance of the hearing;

(ii) The right to receive a list of the witnesses the University expects to present at the proceeding and those the University may present if the need arises;

(iii) The right to request a copy of the University’s investigative file, redacted in accordance with the Family Educational Rights and Privacy Act of 1974, (20 U.S.C. § 1232(g), and the federal regulations implementing that statute, as amended;

(iv) The right to request copies of all documents, copies of all electronically stored information, and access to tangible evidence the University has in its possession, custody or control and may use to support claims or defenses, unless the use would be solely for impeachment;

(v) The right to be accompanied by more than one (1) advisor at the discretion of the adjudicating body and the Office of Student Conduct. The advisor(s) cannot be another student who has been charged with a violation of the student conduct rules related to the same incident as the student. The student may choose to be advised by legal counsel; however, legal counsel’s participation shall be limited to directly advising the student;

(vi) The right to call witnesses on his/her/its behalf. It is the student or student organization’s responsibility to contact his/her/its witnesses and inform them of the hearing unless the witness is also a University witness. University witnesses are contacted by the Office of Student Conduct;

(vii) In cases where the accused may be subject to a sanction of suspension or expulsion, or in the case of a student organization, withdrawal of recognition, some form of cross-examination must be permitted if credibility is in dispute and material to the outcome. Cross-examination must be conducted live and in front of the fact-finder but does not require personal confrontation. At the discretion of the hearing officer, cross-examination may be conducted by remote questioning or through a representative.

(viii) The right to question witnesses;

(ix) The right to be informed of an appeal option, if applicable.

(b) Uniform Administrative Procedures Act.

1. All cases which may result in: (a) suspension or expulsion of a student from the University for disciplinary reasons; or, (b) revocation of the registration of a student organization, are subject to the contested case provisions of the Uniform Administrative Procedures Act (UAPA), T.C.A. §§ 4-5-301, et seq., and shall be processed in accordance with the Uniform Contested Case procedures unless the student or student organization waives those procedures and chooses to have the case disposed of administratively in a disciplinary conference or by going before the University Discipline Committee. If the student/student organization wishes to pursue the case administratively or through the UDC, he/she/it must waive the right to a UAPA hearing in writing. Prior to making this decision, the University May, 2022 16 Official assigned to the matter will explain the differences between the hearing options and will provide to the student/student organization a document setting out the student/student organization’s rights as are found in Rule 0240-07-05-.08 (E)(F).

2. In all cases involving a hearing under the UAPA contested case provisions, the President or designee shall determine, based upon the nature of the case, whether the hearing shall be before an administrative judge or a hearing officer alone or a Hearing Committee presided over by an administrative judge or a hearing officer.

The President is responsible for appointing an administrative judge, a hearing officer and/or Hearing Committee at the request of the Office of Student Conduct.

The Office of Student Conduct has the responsibility for working with the Office of the University Counsel to schedule UAPA hearings including the selection of date, time, and location as well as assisting in the scheduling of any necessary preliminary meetings.

3. The case will proceed pursuant to the UAPA and University rules implementing same.

(7) Separation of Functions.

(a) A person who has served as an investigator, University Official or advocate in a student disciplinary matter may not serve as an administrative judge or hearing officer, or assist or advise an administrative judge or hearing officer in the same proceeding.

(b) A person who is subject to the supervision, direction or discretion of one (1) who has served as investigator, University Official or advocate in a student disciplinary matter may not serve as an administrative judge or hearing officer or assist, or advise an administrative judge or hearing officer in the same proceeding.

(c) A person may serve as an administrative judge or hearing officer at successive stages of the same disciplinary matter, unless a party demonstrates grounds for disqualifications in accordance with T.C.A. § 4-5-302.

(d) A University Official may serve on the Hearing Committee, or as an administrative judge or hearing officer in the UAPA hearing where authorized by law and not subject to disqualification or other cause provided in T.C.A. Title 4, Chapter 5.

(e) Nothing in this rule prohibits an attorney for the University from providing legal advice to multiple University employees who serve in different roles in the process of disciplining a student.

(8) Interim Involuntary Withdrawal or Suspension Hearings.

(a) Hearings conducted with regard to interim involuntary withdrawals or suspensions imposed prior to or pending the outcome of a disciplinary investigation or proceeding shall be conducted consistent with the minimum requirements of due process applicable to a UDC hearing, taking into account the need for a timely hearing. The evidence presented at the hearing shall be limited to that which is relevant to the basis asserted for imposition of the interim involuntary withdrawal or suspension. The following special conditions apply to involuntary withdrawal/suspension hearings:

1. The University shall conduct an assessment to consider the nature, duration, severity, and probability of the threat posed and/or disruption caused by the student or student organization, relying on the best available objective evidence and, if applicable and obtainable, the most current medical evidence;

May, 2022 17 2. Failure of the student or representative of a student organization to appear for or cooperate with a mandated assessment will result in an involuntary withdrawal without further process;

3. The University shall also determine whether reasonable modifications of its internal policies, practices, or procedures could sufficiently mitigate the identified risk;

4. Absent exigent circumstances creating an imminent risk of harm, the University will make the decision to involuntarily withdraw or suspend based on the threat the student or student organization poses to others;

(b) If exigent circumstances warrant the immediate removal of a student or student organization from the University, the student or student organization will receive, at a minimum, notice and an initial opportunity to present evidence immediately after being placed on the interim involuntary withdrawal or suspension, and the opportunity to initiate full due process within thirty (30) days of the removal.

(9) Appeals (a) Eligibility. A student who has been suspended or expelled from the University, or a student organization whose recognition has been revoked as the result of disciplinary action has the right to file an appeal. Students or student organizations subject to disciplinary action that does not include suspension or expulsion from the University, or revocation of recognition of the student organization do not have an appeals option.

(b) It is the responsibility of the adjudicating body to inform the student or student organization of the right to appeal and to whom the appeal should be presented. It is not the function of the appeals process to permit a rehearing of the factual issues presented to the adjudicating body, but rather to ensure that the disciplinary procedure has been implemented fairly and consistently with these rules.

(c) For UAPA decisions, the appeal procedures are set forth in the UAPA and University rules implementing same.

(d) UDC decisions.

1. Time Limitations. An appeal must be submitted in writing and received by the Dean of Students within ten (10) calendar days of the date on which notice was sent to the student or student organization as provided at 0240-07-05-.02(4) of this rule that the approving authority has affirmed the suspension or expulsion.

2. Grounds for Appeal. The appeal must specify grounds which would justify consideration. The written appeal must contain the substantive proof on which the student or student organization is basing the appeal. Appeals that do not include the specific information that substantiates the appeal will be immediately denied.

General dissatisfaction with the outcome of the decision shall not be accorded as a basis for consideration of an appeal. An appeal may be filed based on one (1) or both of the following conditions:

(i) An error in procedural due process by the adjudicating body which prejudiced the disciplined student or student organization to the extent that a fundamentally fair hearing was denied as a result of the error;

(ii) The emergence of new evidence which could not have been previously discovered by the exercise of due diligence and which, had it been May, 2022 18 presented at the initial hearing, would have substantially affected the original decision of the adjudicating body.

3. The Dean of Students will review the written appeal to determine if the appellant has met the requirements for filing an appeal. Appeals which do not allege sufficient grounds shall be denied consideration and dismissed. Appeals which do allege sufficient grounds will be accepted for consideration and forwarded to the appellate body. The appellate body shall not conduct a rehearing, but will consider only the record made by the adjudicating body. The appellate body may, at its own discretion, permit written or oral statements from the concerned parties in interest at the time the appeal is considered. The appellate body will make a recommendation to the Vice President for Student Affairs whether to affirm, modify, or reverse the decision of the UDC or to return the matter to the original adjudicating body for reconsideration.

(10) Effect of Noncooperation. A student who fails to respond to a notice of disciplinary charges and disciplinary conference within the time frame specified will have a hold placed on his/her records. The hold will be removed at such time as the sanction imposed has been completed and the matter closed. In the event a student or student organization fails to cooperate, ignores, or otherwise does not respond after a reasonable amount of time to a notice of a Disciplinary Conference, he/she/it will be deemed to have waived the opportunity for a hearing. Decisions concerning responsibility and the imposition of sanctions may be made in the student’s absence.

(11) Retention of Records. The Office of Student Conduct will maintain disciplinary records created in matters covered by this rule, including records and evidence presented during any investigation, hearing, and appeal in the manner required by state records retention requirements. Disciplinary records are maintained by the Office of Student Conduct. A permanent disciplinary file will be maintained if a student or student organization is suspended or expelled from the University. Files developed in cases in which a lesser sanction has been imposed will be retained for a period of five (5) years after date of action unless sanctions specify that they should be retained for a longer period. Files developed in cases that are covered under the Clery Act will be retained for a period of seven (7) years after the date of action per federal requirements. Files developed in cases where a student or student organization is found not responsible for student conduct rules violations will be maintained for statistical purposes; however, the record will not be reportable as an official disciplinary record in that student’s or student organization’s name.

History

• Authority: T.C.A. §§ 4-5-301, et seq., 49-8-101(a)(2)(A), and 49-8-203(a)(1)(D).
• Administrative History: New rules filed February 8, 2022; effective May 9, 2022.

Tenn. Comp. R. & Regs. 0240-07-05-.09 ALTERNATIVE RESOLUTION OF DISCIPLINARY INCIDENTS

(1) Mediation. Students or student organizations involved in conflict(s) with another individual(s) may elect to have the conflict(s) mediated with the assistance of a third-party mediator assigned by the appropriate University Official. The Office of Student Conduct must agree that mediation is an appropriate resolution to the presenting disciplinary incident. The following conditions must be accepted by the parties:

(a) All parties involved must willingly agree to the mediation process;

(b) The resolution that results from the mediation process will be written, signed by all parties, and will bind the parties to the agreed terms until such terms are completed or an alternative agreement is developed by the parties;

(c) The agreement reached through mediation is not subject to any appeals process;

May, 2022 19 (d) If the agreement is not upheld, the parties may be referred back to the Office of Student Conduct for appropriate disciplinary action to be taken;

(e) If no form of resolution can be determined by mutual consent, the matter will be referred to the appropriate student conduct body.

(2) Informal Agreement. There may be times when it is appropriate for a student or student organization to come to an informal agreement with the University regarding his/her behavior and attempts to correct the behavior. The Office of Student Conduct will make these determinations on a case-by-case basis. An informal agreement can only be initiated by the Student Conduct Coordinator, Assistant Dean for Student Conduct, and/or the Dean of Students. Any informal agreement reached with a student or student organization will be documented by the Office of Student Conduct and signed by both parties.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A) and 49-8-203(a)(1)(D).
• Administrative History: New rules filed February 8, 2022; effective May 9, 2022.

Tenn. Comp. R. & Regs. 0240-07-05-.10 AUTHORITY OF THE PRESIDENT

The President of the University retains final authority on all University matters, including disciplinary decisions. Therefore, any disciplinary action is subject to final review by the President. At his/her discretion, the President may determine to intervene in order to negotiate a mutually acceptable resolution to any disciplinary proceeding, or subsequently, to convert any finding or sanction imposed to a lesser finding or sanction, or to rescind any previous finding or sanction, in appropriate cases.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A) and 49-8-203(a)(1)(D).
• Administrative History: New rules filed February 8, 2022; effective May 9, 2022.

Chapter 0240-07-06 Title IX Compliance

Tenn. Comp. R. & Regs. 0240-07-06-.01 DEFINITIONS

(1) Actual knowledge: notice of sexual harassment or allegations of sexual harassment to MTSU’s Title IX Coordinator or any MTSU official who has authority to institute corrective measures on behalf of MTSU. This definition is not met when the only MTSU official with actual knowledge is also the respondent.

(2) Complainant: an individual who is alleged to be the victim of conduct that could constitute sexual harassment. Complainant does not mean the Title IX Coordinator when the Title IX Coordinator signs a formal complaint or is not otherwise an alleged victim of sexual harassment. References in this rule to the singular “complainant” include the plural, as applicable.

(3) Deliberately indifferent: a response that is clearly unreasonable in light of the known circumstances.

(4) Consent: an 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.

(5) Education program or activity: locations, events, or circumstances over which MTSU exercised substantial control over both the respondent and the context in which the sexual harassment occurs, and also includes any building owned or controlled by a student organization that is officially recognized by MTSU.

(6) Formal complaint: a document filed by a complainant or signed by the Title IX Coordinator alleging sexual harassment against a respondent and requesting MTSU investigate the allegation of sexual harassment. As used in this definition, the phrase “document filed by a complainant” means a document or electronic submission that contains the complainant’s physical or digital signature, or otherwise indicates that the complainant is the person filing the formal complaint.

(7) Hearing officer: the person who is the decision-maker with respect to the determination of responsibility after a live hearing. Hearing officer may also mean a committee that is the decision-maker with respect to the determination of responsibility after a live hearing. A hearing officer cannot be the same person(s) as the Title IX Coordinator or the investigator(s).

(8) Party: either complainant or respondent. References in this rule to the plural “parties” include complainant and respondent.

(9) Respondent: an individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment. References in this rule to the singular “respondent” include the plural, as applicable.

(10) Sexual harassment: conduct on the basis of sex that satisfies one (1) or more of the following:

(a) An MTSU employee conditioning the provision of an aid, benefit, or service of MTSU on an individual’s participation in unwelcome sexual conduct;

(b) Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to MTSU’s education program or activity; or (c) Sexual assault as defined by federal law, “dating violence” as defined by federal law, “domestic violence” as defined by federal or state law, or “stalking” as defined by federal law.

(11) Supportive measures: non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or the respondent before or after the filing of a formal complaint or where no formal complaint has been filed. Such measures are designed to restore or preserve equal access to MTSU’s education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or MTSU’s educational environment, or deter sexual harassment. Supportive measures may include but are not limited to counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures.

(12) Title IX Coordinator: the person designated and authorized by MTSU to coordinate its efforts to comply with its Title IX responsibilities.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A), 49-8-203(a)(1)(D), and 49-8-203(a)(4).
• Administrative History: New rules filed November 13, 2020; to have become effective February 11, 2021. However, a 75-day stay of the effective date of the rules was filed December 18, 2020; new effective date to have been April 27, 2021. Withdrawal of the stay filed February 4, 2021; new effective date March 31, 2021. Amendments filed February 8, 2022; effective May 9, 2022.

Tenn. Comp. R. & Regs. 0240-07-06-.02 STATEMENT OF NONDISCRIMINATION ON THE BASIS OF SEX

(1) As required by law, no student, employee, or applicant for admission or employment will be excluded, on the basis of sex, from participation in, be denied the benefit of, or be subjected to discrimination in any MTSU education program or activity.

(2) If MTSU has actual knowledge of sexual harassment in an education program or activity against a person, MTSU will respond promptly in a manner that is not deliberately indifferent.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A), 49-8-203(a)(1)(D), and 49-8-203(a)(4).
• Administrative History: New rules filed November 13, 2020; to have become effective February 11, 2021. However, a 75-day stay of the effective date of the rules was filed December 18, 2020; new effective date to have been April 27, 2021. Withdrawal of the stay filed February 4, 2021; new effective date March 31, 2021.

Tenn. Comp. R. & Regs. 0240-07-06-.03 NOTIFICATION AND PUBLICATION REQUIREMENTS

(1) MTSU will notify applicants for admission and employment, students, and employees, that it does not discriminate on the basis of sex in its education programs or activities and will provide the name, title, office address, electronic mail address, and telephone number of the Title IX Coordinator in that notification.

(2) MTSU will notify applicants for admission and employment, students, and employees that inquiries about the application of Title IX may be referred to the Title IX Coordinator, to the Department of Education, or both.

(3) MTSU will provide applicants for admission and employment, students, and employees notice of its grievance process, including how to report or file a complaint of sex discrimination, how to report or file a formal complaint of sexual harassment, and how MTSU will respond.

(4) MTSU will prominently display the contact information for the Title IX Coordinator, its Title IX policies and procedures, and training materials as required by Title IX on its website and in each handbook or catalog that it makes available to applicants for admission and employment, students, and employees.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A), 49-8-203(a)(1)(D), and 49-8-203(a)(4).
• Administrative History: New rules filed November 13, 2020; to have become effective February 11, 2021. However, a 75-day stay of the effective date of the rules was filed December 18, 2020; new effective date to have been April 27, 2021. Withdrawal of the stay filed February 4, 2021; new effective date March 31, 2021.

Tenn. Comp. R. & Regs. 0240-07-06-.04 GENERAL PROVISIONS RELATED TO REPORTING TITLE IX COMPLAINTS

(1) Any person may report sex discrimination, including sexual harassment (whether or not the person reporting is the person alleged to be the victim of conduct that could constitute sex discrimination or sexual harassment), in person, by mail, by telephone, or by electronic mail, using the contact information listed for the Title IX Coordinator, or by any other means that results in the Title IX Coordinator receiving the person’s verbal or written report.

(2) Such a report may be made at any time (including during non-business hours) by using the telephone number or electronic mail address, or by mail to the office address listed for the Title IX Coordinator.

(3) A complainant may file a formal complaint with the Title IX Coordinator in person, by mail, or by electronic mail, using the contact information listed for the Title IX Coordinator or by any additional method MTSU designates. At the time of filing a formal complaint, a complainant must be participating in or attempting to participate in an MTSU education program or activity.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A), 49-8-203(a)(1)(D), and 49-8-203(a)(4).
• Administrative History: New rules filed November 13, 2020; to have become effective February 11, 2021. However, a 75-day stay of the effective date of the rules was filed December 18, 2020; new effective date to have been April 27, 2021. Withdrawal of the stay filed February 4, 2021; new effective date March 31, 2021.

Tenn. Comp. R. & Regs. 0240-07-06-.05 MTSU’S RESPONSE TO COMPLAINTS OF SEX DISCRIMINATION

(1) When a person reports sex discrimination committed against a person while in the United States, MTSU will follow its rules, procedures, and processes used for sex discrimination allegations, which provide for the prompt and equitable resolution of complaints alleging sex discrimination.

(2) Where a person alleges both sex discrimination and sexual harassment committed against a person while in the United States, MTSU will follow its rules, procedures, and processes for responding to a formal complaint of sexual harassment. If the formal complaint is dismissed at any point in the process, MTSU will follow its rules, procedures, and processes used for sex discrimination allegations.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A), 49-8-203(a)(1)(D), and 49-8-203(a)(4).
• Administrative History: New rules filed November 13, 2020; to have become effective February 11, 2021. However, a 75-day stay of the effective date of the rules was filed December 18, 2020; new effective date to have been April 27, 2021. Withdrawal of the stay filed February 4, 2021; new effective date March 31, 2021.

Tenn. Comp. R. & Regs. 0240-07-06-.06 MTSU’S RESPONSE TO COMPLAINTS OF SEXUAL HARASSMENT

(1) If MTSU has actual knowledge of sexual harassment in an education program or activity committed against a person while in the United States, MTSU will respond promptly in a manner that is not deliberately indifferent and follow its grievance process.

(2) MTSU will treat complainants and respondents equitably by offering supportive measures to a complainant, and in cases where a formal complaint is filed, will follow its grievance process before the imposition of any disciplinary sanctions or other actions that are not supportive measures against a respondent.

(3) The Title IX Coordinator will promptly contact the complainant to discuss the availability of supportive measures, consider the complainant’s wishes with respect to supportive measures, inform the complainant of the availability of supportive measures with or without the filing of a formal complaint, and explain to the complainant the process for filing a formal complaint.

(4) The Title IX Coordinator is responsible for coordinating the effective implementation of supportive measures.

(5) MTSU may remove a respondent from an education program or activity on an emergency basis only after undertaking an individualized safety and risk analysis, determining that an immediate threat to the physical health or safety of any student or other individual arising from the allegations of sexual harassment justifies removal, and providing the respondent with notice and an opportunity to challenge the decision immediately following the removal.

(6) MTSU may place a non-student employee respondent on administrative leave during the pendency of a grievance process.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A), 49-8-203(a)(1)(D), and 49-8-203(a)(4).
• Administrative History: New rules filed November 13, 2020; to have become effective February 11, 2021. However, a 75-day stay of the effective date of the rules was filed December 18, 2020; new effective date to have been April 27, 2021. Withdrawal of the stay filed February 4, 2021; new effective date March 31, 2021.

Tenn. Comp. R. & Regs. 0240-07-06-.07 CONFIDENTIALITY

(1) MTSU will keep confidential the identity of any individual who has made a report or complaint of sex discrimination, including any individual who has made a report or filed a formal complaint, any complainant, any individual who has been reported to be the perpetrator of sex discrimination, any respondent, and any witness, except as may be permitted or required by federal or state law, or to carry out the purposes of this rule and attendant policies, including the conduct of any investigation, hearing, or judicial proceeding arising thereunder.

(2) MTSU will maintain as confidential any supportive measures provided to the complainant or respondent, to the extent that maintaining such confidentiality does not impair MTSU’s ability to provide the supportive measures.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A), 49-8-203(a)(1)(D), and 49-8-203(a)(4).
• Administrative History: New rules filed November 13, 2020; to have become effective February 11, 2021. However, a 75-day stay of the effective date of the rules was filed December 18, 2020; new effective date to have been April 27, 2021. Withdrawal of the stay filed February 4, 2021; new effective date March 31, 2021.

Tenn. Comp. R. & Regs. 0240-07-06-.08 WRITTEN NOTICE TO THE PARTIES UPON MTSU’S RECEIPT OF A FORMAL

COMPLAINT.

(1) When a formal complaint is filed, MTSU will provide parties with a written notice of its grievance process, including any informal resolution process(es).

(2) MTSU will provide written notice of the allegations potentially constituting sexual harassment, including sufficient details known at the time and with sufficient time to prepare a response before any initial interview. Sufficient details include the identities of the parties involved in the incident, if known, the conduct allegedly constituting sexual harassment, and the date and location of the alleged incident, if known.

(3) MTSU’s written notice will include a statement that:

(a) The respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the grievance process;

(b) The parties may have an advisor of their choice, who may be, but is not required to be, an attorney;

(c) The parties may inspect and review evidence; and (d) Identifies any provision in its codes of conduct that prohibits knowingly making false statements or knowingly submitting false information during the grievance process.

(4) If, in the course of an investigation, MTSU decides to investigate allegations about the complainant or respondent that are not included in the initial written notice, MTSU will provide notice of the additional allegations to the parties whose identities are known.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A), 49-8-203(a)(1)(D), and 49-8-203(a)(4).
• Administrative History: New rules filed November 13, 2020; to have become effective February 11, 2021. However, a 75-day stay of the effective date of the rules was filed December 18, 2020; new effective date to have been April 27, 2021. Withdrawal of the stay filed February 4, 2021; new effective date March 31, 2021.

Tenn. Comp. R. & Regs. 0240-07-06-.09 INVESTIGATIONS OF FORMAL COMPLAINTS

(1) MTSU will investigate, to the extent necessary or possible, the allegations in a formal complaint.

(2) If the conduct alleged in a formal complaint would not constitute sexual harassment even if proved, did not occur in MTSU’s education program or activity, or did not occur against a person while in the United States, MTSU will dismiss the formal complaint with regard to that conduct for purposes of sexual harassment under Title IX; such a dismissal does not, however, preclude action under another provision of MTSU’s codes of conduct or other policies.

(3) MTSU may dismiss a formal complaint or any allegations therein, if at any time during the investigation a complainant notifies the Title IX Coordinator in writing that the complainant would like to withdraw the formal complaint or any allegations therein, the respondent is no longer enrolled or employed by MTSU; or specific circumstances prevent MTSU from gathering evidence sufficient to reach a determination as to the formal complaint or allegations therein.

(4) If MTSU dismisses a formal complaint during the investigation phase, MTSU will promptly send written notice of the dismissal and reason(s) therefor simultaneously to the parties.

(5) MTSU may consolidate formal complaints as to allegations of sexual harassment against more than one (1) respondent, or by more than one (1) complainant against one (1) or more respondents, or by one (1) party against the other party, where the allegations of sexual harassment arise out of the same facts or circumstances.

(6) The burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility rest on MTSU and not on the parties.

(7) MTSU will not access, consider, disclose, or otherwise use a party’s records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the professional’s or paraprofessional’s capacity, or assisting in that capacity, and are made and maintained in connection with the provision of treatment to the party, unless MTSU obtains that party’s voluntary, written consent to do so for a grievance process.

(8) MTSU will provide an equal opportunity for the parties to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence.

(9) MTSU will not restrict the ability of either party to discuss the allegations under investigation or to gather and present relevant evidence.

(10) MTSU will provide the parties with the same opportunities to have others present during any interview or investigative process, including the opportunity to be accompanied to any related investigation meeting by the advisor of their choice, who may be, but is not required to be, an attorney.

(11) MTSU will not limit the choice or presence of an advisor for either the complainant or respondent in any investigative meeting; however, MTSU may establish restrictions regarding the extent to which the advisor may participate in the proceedings, as long as the restrictions apply equally to both parties.

(12) MTSU will provide to a party whose participation is invited or expected, written notice of the date, time, location, participants, and purpose of all investigative interviews, or other meetings with a party, with sufficient time for the party to prepare to participate.

(13) MTSU will provide both parties an equal opportunity to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in a formal complaint, including the evidence upon which MTSU does not intend to rely in reaching a determination regarding responsibility and inculpatory or exculpatory evidence whether obtained from a party or other source, so that each party can meaningfully respond to the evidence prior to conclusion of the investigation.

(14) Prior to completion of the investigative report, MTSU will send to each party and the party’s advisor, if any, the evidence subject to inspection and review in an electronic format or a hard copy.

(15) MTSU will allow the parties ten (10) business days to submit a written response, which the investigator will consider prior to completion of the investigative report.

(16) MTSU will create an investigative report that fairly summarizes relevant evidence.

(17) At least ten (10) business days prior to a hearing or other time of determination regarding responsibility, MTSU will send the investigative report in electronic format or a hard copy to each party and the party’s advisor, if any, for their review and written response to the investigative report.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A), 49-8-203(a)(1)(D), and 49-8-203(a)(4).
• Administrative History: New rules filed November 13, 2020; to have become effective February 11, 2021. However, a 75-day stay of the effective date of the rules was filed December 18, 2020; new effective date to have been April 27, 2021. Withdrawal of the stay filed February 4, 2021; new effective date March 31, 2021.

Tenn. Comp. R. & Regs. 0240-07-06-.10 GRIEVANCE PROCESS FOR FORMAL COMPLAINTS—GENERAL PROVISIONS

(1) MTSU will apply its grievance procedures and requirements equally to both parties.

(2) During the course of the grievance process, MTSU will treat complainants and respondents equitably by providing remedies to a complainant where a determination of responsibility for sexual harassment has been made against the respondent, and by following its grievance process before the imposition of any disciplinary sanctions or other actions that are not supportive measures against a respondent.

(3) MTSU will design remedies to restore or preserve equal access to MTSU’s education program or activity. Such remedies may include supportive measures; however, remedies need not be non-disciplinary or non-punitive and need not avoid burdening the respondent.

(4) MTSU will ensure that the Title IX Coordinator, investigator, hearing officer, or decision-maker does not have a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent. The intent of this provision is to provide protections analogous to, and no less protective than, the conflict of interest provisions of T.C.A. § 4-5- 303.

(5) MTSU will require an objective evaluation of all relevant evidence—including both inculpatory and exculpatory evidence—and prohibit credibility determinations based on a person’s status as a complainant, respondent, or witness.

(6) MTSU will presume that the respondent is not responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of the grievance process.

(7) MTSU will apply a preponderance of the evidence standard for all formal complaints.

(8) MTSU will require the grievance process, including the appeal process, to conclude within a reasonably prompt time frame.

(9) MTSU will provide the range of possible disciplinary sanctions and remedies or list the possible disciplinary sanctions and remedies that MTSU may implement following any determination of responsibility.

(10) MTSU will describe the range of supportive measures available to complainants and respondents.

(11) MTSU will provide the parties with the same opportunities to have others present during any grievance proceeding, including the opportunity to be accompanied to any related meeting or proceeding by the advisor of their choice, who may be, but is not required to be, an attorney.

(12) MTSU will not limit the choice or presence of advisor for either the complainant or respondent in any grievance proceeding; however, MTSU may establish restrictions regarding the extent to which the advisor may participate in the proceedings, as long as the restrictions apply equally to both parties.

(13) MTSU will provide to a party whose participation is invited or expected, written notice of the date, time, location, participants, and purpose of all proceedings or hearings, or other meetings with a party, with sufficient time for the party to prepare to participate.

(14) MTSU will appoint a hearing officer that meets the training requirements set forth in T.C.A. § 4-5-324.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A), 49-8-203(a)(1)(D), and 49-8-203(a)(4).
• Administrative History: New rules filed November 13, 2020; to have become effective February 11, 2021. However, a 75-day stay of the effective date of the rules was filed December 18, 2020; new effective date to have been April 27, 2021. Withdrawal of the stay filed February 4, 2021; new effective date March 31, 2021.

Tenn. Comp. R. & Regs. 0240-07-06-.11 SPECIFIC PROVISIONS RELATED TO CONDUCTING A HEARING OF FORMAL

COMPLAINTS.

(1) MTSU will conduct a live hearing of formal complaints not dismissed pursuant to this rule.

(2) At the request of either party, MTSU will provide for the live hearing to occur with the parties located in separate rooms with technology enabling the hearing officer and parties to simultaneously see and hear the party or the witness answering questions.

(3) Live hearings may be conducted with all parties physically present in the same geographic location or, at MTSU’s discretion, any or all parties, witnesses, and other participants may appear at the live hearing virtually, with technology enabling participants simultaneously to see and hear each other.

(4) At least seventy-two (72) hours prior to a live hearing, MTSU will provide both parties with written notice of the following:

(a) The time, place, date of the hearing, and electronic access information, if applicable;

(b) The name of each witness MTSU expects to present at the hearing and those MTSU may present if the need arises;

(c) The right to request a copy of the investigative file;

(d) The right to request copies of all documents, copies of all electronically stored information, and access to tangible evidence that MTSU has in its possession, custody, or control and may use to support claims or defenses.

(5) When notice is sent by United States mail or courier service, the notice is effective on the date that the notice is mailed or delivered to the courier service. When notice is hand delivered to the parties from the institution, notice is effective on the date that the notice is delivered to the parties. When notice is sent by email, the notice is effective on the date that the email is sent to the parties’ institution-provided email account.

(6) The hearing officer may allow a temporary delay of the grievance process or the limited extension of time frames for good cause with written notice to the complainant and the respondent of the delay or extension and the reasons for the action. Good cause may include but is not limited to considerations such as the absence of a party, a party’s advisor, or a witness, concurrent law enforcement activity, or the need for language assistance or accommodation of disabilities.

(7) In cases that involve more than one (1) respondent, the hearing officer may, consistent with the requirements of Title IX, consider whether separate proceedings are necessary to avoid undue prejudice to the respondents.

(8) During the hearing, the hearing officer will make evidence subject to review and inspection during the investigation phase available to give each party equal opportunity to refer to that evidence, including for purposes of cross-examination.

(9) Questions and evidence about the complainant’s sexual predisposition or prior sexual behavior are not relevant, unless such questions and evidence about the complainant’s prior sexual behavior are offered to prove that someone other than the respondent committed the conduct alleged by the complainant, or if the questions and evidence concern specific incidents of the complainant’s prior sexual behavior with respect to the respondent and are offered to prove consent.

(10) Only relevant cross-examination and other questions may be asked of a party or witness.

Before a complainant, respondent, or witness answers a cross-examination or other question, the hearing officer will first determine whether the question is relevant and explain any decision to exclude a question as not relevant.

(11) The hearing officer will not require, allow, rely upon, or otherwise use questions or evidence that constitute, or seek disclosure of, information protected under a legally recognized privilege, unless the person holding such privilege has waived the privilege.

(12) Notwithstanding any limitations to the contrary that MTSU has placed on the advisor’s participation in the hearing, the hearing officer will permit each party’s advisor to ask the other party and any witnesses all relevant questions and follow-up questions, including those challenging credibility. Such cross-examination at the live hearing will be conducted directly, orally, and in real time by the party’s advisor of choice and never by a party personally.

(13) If a party does not have an advisor at the live hearing, MTSU will provide without fee or charge to that party an advisor of MTSU’s choice, who may be, but is not required to be, an attorney, to conduct cross-examination on behalf of that party.

(14) If a party or witness does not submit to cross-examination at the live hearing, the hearing officer will not rely on any statement of that party or witness in reaching a determination regarding responsibility; provided, however, that the hearing officer cannot draw an inference about the determination regarding responsibility based solely on a party’s or witness’s absence from the live hearing or refusal to answer cross-examination or other questions.

(15) MTSU will create an audio or audiovisual recording, or transcript, of any live hearing and make it available to the parties for inspection and review.

(16) The hearing officer may dismiss the formal complaint or any allegations therein, if at any time during the hearing a complainant notifies the Title IX Coordinator in writing that the complainant would like to withdraw the formal complaint or any allegations therein, the respondent is no longer enrolled or employed by MTSU, or specific circumstances prevent MTSU from gathering evidence sufficient to reach a determination as to the formal complaint or allegations therein.

(17) If the hearing officer dismisses the formal complaint during the grievance process, the hearing officer will promptly notify the Title IX Coordinator who will promptly send written notice of the dismissal and reason(s) therefor simultaneously to the parties.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A), 49-8-203(a)(1)(D), and 49-8-203(a)(4).
• Administrative History: New rules filed November 13, 2020; to have become effective February 11, 2021. However, a 75-day stay of the effective date of the rules was filed December 18, 2020; new effective date to have been April 27, 2021. Withdrawal of the stay filed February 4, 2021; new effective date March 31, 2021.

Tenn. Comp. R. & Regs. 0240-07-06-.12 DETERMINATION REGARDING RESPONSIBILITY

(1) The hearing officer will issue a written determination simultaneously to the complainant and respondent regarding responsibility, using a preponderance of the evidence to reach a determination.

(2) The written determination must include:

(a) Identification of allegations potentially constituting sexual harassment;

(b) A description of the procedural steps taken from the receipt of the formal complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and hearings held;

(c) Findings of fact supporting the determination;

(d) Conclusions regarding the application of MTSU’s rule, policy, and, if applicable, code of conduct to the facts;

(e) A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any disciplinary sanctions MTSU imposes on the respondent, and whether remedies designed to restore or preserve equal access to MTSU’s education program or activity will be provided to the complainant; and (f) MTSU’s procedures and permissible bases for the complainant and/or respondent to appeal.

(3) The Title IX Coordinator will be responsible for effective implementation of any remedies.

(4) The determination regarding responsibility becomes final either on the date that MTSU provides the parties with the written appeal decision, if an appeal is filed, or if an appeal is not filed, the date on which an appeal would no longer be considered timely.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A), 49-8-203(a)(1)(D), and 49-8-203(a)(4).
• Administrative History: New rules filed November 13, 2020; to have become effective February 11, 2021. However, a 75-day stay of the effective date of the rules was filed December 18, 2020; new effective date to have been April 27, 2021. Withdrawal of the stay filed February 4, 2021; new effective date March 31, 2021.

Tenn. Comp. R. & Regs. 0240-07-06-.13 APPEAL OF DETERMINATION OF RESPONSIBILITY OR DISMISSAL OF FORMAL

COMPLAINT.

(1) Both parties may appeal a determination regarding responsibility or the dismissal of a formal complaint or any allegations therein, only on the following bases:

(a) Procedural irregularity that affected the outcome of the matter;

(b) New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made and that could affect the outcome of the matter; and (c) The Title IX Coordinator, investigator(s), or hearing officer had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the outcome of the matter.

(2) A party wishing to appeal a determination regarding responsibility or the dismissal of a formal complaint or any allegations therein must file a written appeal with the Title IX Coordinator within ten (10) business days of the date of the determination or the dismissal. The written appeal must identify the basis or bases for the appeal and explain with specificity the facts supporting the basis or bases of the appeal.

(3) In the event of an appeal filed by the other party, the non-appealing party will be permitted to submit a written statement in support of the outcome.

(4) As to all appeals, the Title IX Coordinator will:

(a) Notify the other party in writing when an appeal is filed and implement appeal procedures equally for both parties;

(b) Ensure that the decision-maker(s) for the appeal is not the same person as any investigator(s) or the hearing officer that reached the determination regarding responsibility or dismissal, the investigator(s), or the Title IX Coordinator;

(c) Ensure that the decision-maker(s) for the appeal complies with the standards set forth in

Rule 0240-07-06-.10(4).

(5) Within a reasonable time, the decision-maker(s) will issue a written appeal decision describing the result of the appeal and the rationale for the result.

(6) The Title IX Coordinator will provide the written appeal decision simultaneously to both parties.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A), 49-8-203(a)(1)(D), and 49-8-203(a)(4).
• Administrative History: New rules filed November 13, 2020; to have become effective February 11, 2021. However, a 75-day stay of the effective date of the rules was filed December 18, 2020; new effective date to have been April 27, 2021. Withdrawal of the stay filed February 4, 2021; new effective date March 31, 2021.

Tenn. Comp. R. & Regs. 0240-07-06-.14 INFORMAL RESOLUTION PROCESS

(1) MTSU will not require as a condition of enrollment or continuing enrollment, or employment or continuing employment, or enjoyment of any other right, waiver of the right to an investigation and adjudication of formal complaints of sexual harassment.

(2) MTSU will not require the parties to participate in an informal resolution process and may not offer an informal resolution process unless a formal complaint is filed. However, at any time prior to reaching a determination regarding responsibility, MTSU may facilitate an informal resolution process, such as mediation, that does not involve a full investigation and adjudication, but only if MTSU:

(a) Provides to the parties a written notice disclosing the allegations, the requirements of the informal resolution process including the circumstances under which it precludes the parties from resuming a formal complaint arising from the same allegations;

(b) Any consequences resulting from participating in the informal resolution process, including the records that will be maintained or could be shared;

(c) Obtains the parties’ voluntary, written consent to the informal resolution process; and (d) Does not offer or facilitate an informal resolution process to resolve allegations that an employee sexually harassed a student.

(3) At any time prior to agreeing to a resolution, any party has the right to withdraw from the informal resolution process and resume the grievance process with respect to the formal complaint.

(4) MTSU will ensure that an individual designated to facilitate an informal resolution process does not have a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent. The intent of this provision is to provide protections analogous to, and no less protective than, the conflict of interest provisions of T.C.A. § 4-5- 303.

(5) MTSU will require an informal resolution process to conclude within a reasonably prompt time frame.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A), 49-8-203(a)(1)(D), and 49-8-203(a)(4).
• Administrative History: New rules filed November 13, 2020; to have become effective February 11, 2021. However, a 75-day stay of the effective date of the rules was filed December 18, 2020; new effective date to have been April 27, 2021. Withdrawal of the stay filed February 4, 2021; new effective date March 31, 2021.

Tenn. Comp. R. & Regs. 0240-07-06-.15 RETALIATION

(1) Intimidation, threats, coercion, or discrimination, including charges against an individual for code of conduct violations that do not involve sex discrimination or sexual harassment, but arise out of the same facts or circumstances as a report or complaint of sex discrimination, or a report or formal complaint of sexual harassment, for the purpose of interfering with any right or privilege secured by Title IX or this rule, constitutes retaliation.

(2) The exercise of rights protected under the First Amendment does not constitute retaliation.

(3) Charging an individual with a code of conduct violation for making a materially false statement in bad faith in the course of a grievance process does not constitute retaliation, provided, however, that a determination regarding responsibility, alone, is not sufficient to conclude that any party made a materially false statement in bad faith.

(4) Complaints alleging retaliation may be filed with the Title IX Coordinator who will follow the procedures and processes used for sex discrimination as described in 0240-07-06-.05.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A), 49-8-203(a)(1)(D), and 49-8-203(a)(4).
• Administrative History: New rules filed November 13, 2020; to have become effective February 11, 2021. However, a 75-day stay of the effective date of the rules was filed December 18, 2020; new effective date to have been April 27, 2021. Withdrawal of the stay filed February 4, 2021; new effective date March 31, 2021.

Tenn. Comp. R. & Regs. 0240-07-06-.16 TRAINING RELATED TO SEXUAL HARASSMENT ISSUES

(1) MTSU will ensure that its Title IX Coordinator, investigators, hearing officers, decision-makers, and any person who facilitates an informal resolution process receive training on this rule’s definition of sexual harassment, the scope of MTSU’s education program or activity, how to conduct an investigation and grievance process including hearings, appeals, and informal resolution processes, as applicable, and how to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest, and bias.

(2) Such training will satisfy the requirements of Title IX and be developed or conducted consistent with the requirements of state law, including but not limited to T.C.A. § 4-5-324.

(3) MTSU will ensure that hearing officers receive training on any technology to be used at a live hearing.

(4) MTSU will ensure that hearing officers receive training on issues of relevance of questions and evidence, including when questions and evidence about the complainant’s sexual predisposition or prior sexual behavior are not relevant.

(5) MTSU will ensure that investigators receive training on issues of relevance to create an investigative report that fairly summarizes relevant evidence.

(6) MTSU will ensure that any materials used to train Title IX Coordinators, investigators, hearing officers, decision-makers, and any person who facilitates an informal resolution process promote impartial investigations and adjudications of formal complaints and do not rely on sex stereotypes.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A), 49-8-203(a)(1)(D), and 49-8-203(a)(4).
• Administrative History: New rules filed November 13, 2020; to have become effective February 11, 2021. However, a 75-day stay of the effective date of the rules was filed December 18, 2020; new effective date to have been April 27, 2021. Withdrawal of the stay filed February 4, 2021; new effective date March 31, 2021.

Tenn. Comp. R. & Regs. 0240-07-06-.17 EFFECT OF OTHER REQUIREMENTS

(1) MTSU will not restrict any rights protected from government action by the First Amendment of the U.S. Constitution, deprive a person of any rights that would otherwise be protected from government action under the Due Process Clauses of the Fifth and Fourteenth Amendments of the U.S. Constitution, or restrict any other rights guaranteed against government action by the U.S. Constitution or State of Tennessee Constitution.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A), 49-8-203(a)(1)(D), and 49-8-203(a)(4).
• Administrative History: New rules filed November 13, 2020; to have become effective February 11, 2021. However, a 75-day stay of the effective date of the rules was filed December 18, 2020; new effective date to have been April 27, 2021. Withdrawal of the stay filed February 4, 2021; new effective date March 31, 2021.

Tenn. Comp. R. & Regs. 0240-07-06-.18 RECORD RETENTION AND DISPOSITION

(1) MTSU will retain and dispose of records related to Title IX matters as required by federal and state laws and regulations.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A), 49-8-203(a)(1)(D), and 49-8-203(a)(4).
• Administrative History: New rules filed November 13, 2020; to have become effective February 11, 2021. However, a 75-day stay of the effective date of the rules was filed December 18, 2020; new effective date to have been April 27, 2021. Withdrawal of the stay filed February 4, 2021; new effective date March 31, 2021.

Tenn. Comp. R. & Regs. 0240-07-06-.19 SEVERABILITY

(1) If any provision of this rule or its application to any person, act, or practice is held invalid, the remainder of the rule or the application of its provisions to any person, act, or practice shall not be affected thereby.

(2) If any provision of the Title IX regulations on which this rule is based is enjoined or held invalid or the Title IX regulations’ application to any person, act, or practice is enjoined or held invalid, the remainder of this rule or the application of its provisions to any person, act, or practice shall not be affected thereby.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A), 49-8-203(a)(1)(D), and 49-8-203(a)(4).
• Administrative History: New rules filed November 13, 2020; to have become effective February 11, 2021. However, a 75-day stay of the effective date of the rules was filed December 18, 2020; new effective date to have been April 27, 2021. Withdrawal of the stay filed February 4, 2021; new effective date March 31, 2021.

Chapter 0240-07-07 Residential Life and Housing

Tenn. Comp. R. & Regs. 0240-07-07-.01 PURPOSE

(1) A student residence facility is a densely populated community composed of students with many different interests, habits, and tastes. Middle Tennessee State University (MTSU or University) is committed to the concept that on-campus student residence facilities should provide an atmosphere conducive to both living and learning, where in a spirit of cooperation and consideration of others, students may live, study and relax together. This rule establishes the process for managing and maintaining such an atmosphere.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A) and 49-8-203(a)(1)(D).
• Administrative History: New rules filed February 8, 2022; effective May 9, 2022.

Tenn. Comp. R. & Regs. 0240-07-07-.02 DEFINITIONS

(1) Assigned Living Space. The personal dwelling unit of a student and/or occupant residing within a student residence facility.

(2) Guest(s). Any person invited by a student resident, occupant, or the University to visit in a student residence facility.

(3) License Agreement (Agreement). The contract document setting forth the terms of occupancy of any student residence facility/unit as between the University and student residents that occupy such student residence facility/unit.

(4) Occupant(s). Legal spouse or child residing with a student resident in an assigned living space.

Occupant(s) may be referred to as resident(s).

(5) Premises. Any student residence facility owned or operated by the University to provide housing accommodations for student residents.

(6) Prepayment Fee. A payment required by the University to secure assigned living space within a student residence facility prior to taking occupancy of a particular assigned living space. The prepayment fee is applied toward housing costs except where forfeitures apply.

(7) Semester Fee. The payment required to occupy an assigned living space within a student residence facility for a specified term.

(8) Student(s). For purposes of this rule, any individual officially enrolled and residing on premises in an assigned living space who is a signatory to the housing license agreement. The student may be referred to as resident(s).

May, 2022 2

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A) and 49-8-203(a)(1)(D).
• Administrative History: New rules filed February 8, 2022; effective May 9, 2022.

Tenn. Comp. R. & Regs. 0240-07-07-.03 ELIGIBILITY

(1) Student residents residing in assigned living space must be full-time students officially admitted and enrolled at the University for the Fall or Spring semester.

(2) Part-time students are not eligible to reside in student residence facilities unless a waiver is provided by the Director of Housing and Residential Life. Such waivers shall be granted on a case-by-case basis.

(3) Occupant residents residing in assigned living space must be the legal spouse or child of a student resident.

(4) Summer housing is available to MTSU students enrolled in summer courses and occupants residing with said students, provided such students are enrolled in the summer session for which they plan to reside in a student residence facility.

(5) All students shall have an equal opportunity to reside in student residence facilities regardless of race, gender, marital status, creed, color, national origin, or disability.

(6) No person who is registered, or required to register, as a sex offender will be eligible to reside in University residence halls.

(7) All students who reside in student residence facilities must provide proof of adequate immunization against meningococcal disease after their 16th birthday and within the last five (5) years as required by state law unless they have a valid exemption.

(8) Students who fail to provide proof of adequate immunization will not be allowed to reside in student residence facilities unless they have a valid exemption.

History

• Authority: T.C.A. §§ 49-7-124, 49-7-162, 49-8-101(a)(2)(A), and 49-8-203(a)(1)(D).
• Administrative History: New rules filed February 8, 2022; effective May 9, 2022.

Tenn. Comp. R. & Regs. 0240-07-07-.04 APPLICATION PROCESS AND STUDENT HOUSING AGREEMENT

(1) To live in a student residence facility, students must complete and submit an application.

Students must also sign a Housing License Agreement that establishes the terms and conditions of the student’s occupancy of the student residence facility.

(2) At the time of application, the student must also submit a prepayment fee. Semester fees are due and must be paid during the fee payment period at the beginning of each semester or summer session as applicable.

(3) The Housing License Agreement will address the following non-exclusive list of subjects:

(a) Term(s) of the agreement;

(b) Cancellation of the agreement;

(c) Amounts, billing, payment, and refunds of housing fees, security deposits, and damage and cleaning fees;

(d) Assignment and reassignment of rooms;

May, 2022 3 (e) Policies and procedures governing the use and safety of the student residence facility and conduct within the student residence facility;

(f) Rights of entry to assigned living space;

(g) Loss of or damage to the resident’s personal property;

(h) Loss of or damage to University property;

(i) Alterations, additions, or improvements to rooms;

(j) Animals;

(k) Prohibited activities;

(I) Visitation;

(m) Prohibition on assignment and subleasing by the student;

(n) Termination of the agreement by either the student or the University, and options for the student to appeal the termination; and/or (o) Other reasonable and necessary subjects determined by the Director of Housing and Residential Life and University leadership.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A) and 49-8-203(a)(1)(D).
• Administrative History: New rules filed February 8, 2022; effective May 9, 2022.

Tenn. Comp. R. & Regs. 0240-07-07-.05 TERMINATION, CANCELLATION, AND REFUNDS

(1) The University may terminate any Housing License Agreement in the event of any of the following nonexclusive reasons:

(a) Disciplinary action or violation of University rule;

(b) Withdrawal from the University by the student resident;

(c) Failure to maintain eligible student status by the student resident;

(d) Violation of any term of the Housing License Agreement by the student resident and/or occupant;

(e) Violation of any applicable law or University rule, policy or procedure by the student resident and/or occupant;

(f) Occurrence of force majeure events, including, but not limited to, fire, earthquake, hurricane, flood, severe storms, acts of God, strikes or labor disputes, riots or civil disturbances, war, national emergency, terrorism, threats of sabotage or terrorism, explosions, plagues, epidemics, pandemics, acts of governmental authorities, or any other occurrence beyond the University’s reasonable control. In the event of a force majeure, the University reserves the right to modify housing accommodations and access to dining services;

(g) Change in marital or familial status by the student resident.

May, 2022 4 (2) Student residents may terminate their Housing License Agreement in accordance with the contract provisions.

(3) Student residents whose Housing License Agreement is subject to termination will receive notice in writing of the reasons for termination and be given an opportunity to respond prior to termination.

(4) Any student resident who fails to make timely payment of all fees due under the terms of the Housing License Agreement will be liable for all expenses of collection, including court costs and attorneys’ fees.

(5) All refunds and prorated billing will be made consistent with University rules, policies or procedures related to refunds of student fees.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A) and 49-8-203(a)(1)(D).
• Administrative History: New rules filed February 8, 2022; effective May 9, 2022.

Tenn. Comp. R. & Regs. 0240-07-07-.06 CONDUCT AND RIGHT TO ENTER

(1) In addition to the terms of the Housing License Agreement, student residents must also comply with all University published rules including the Code of Student Conduct. Violations of the contract and the Code of Student Conduct may result in termination of the Housing License Agreement.

(2) Student residents are responsible for the conduct of their guests and any occupants residing in the assigned living space. It is the responsibility of the student resident to ensure that the guests and occupants understand and abide by all Housing and University rules and regulations. If a guest or occupant is involved in any violations of University or Housing rules and/or regulations, the hosting student resident, as well as the guest or occupant may be subject to disciplinary action, including termination of the Housing License Agreement.

(3) The University reserves the right to enter any assigned living space at all reasonable times to inspect for maintenance, health, safety or emergency purposes. Inspections may be authorized anytime there is reasonable cause to believe that there is a health or safety concern or in accordance with federal and/or state law.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A) and 49-8-203(a)(1)(D).
• Administrative History: New rules filed February 8, 2022; effective May 9, 2022.

Chapter 0240-07-08 Cases Heard Pursuant to the Uniform Administrative Procedures Act

Tenn. Comp. R. & Regs. 0240-07-08-.01 PURPOSE

(1) This rule describes the circumstances under which Middle Tennessee State University (MTSU or University) may apply the contested case hearing provisions of the Uniform Administrative Procedures Act (UAPA), T.C.A. §§ 4-5-101 et seq. and the procedures for UAPA hearings.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A), 49-8-203(a)(1)(D), and 49-8-203(a)(4).
• Administrative History: New rules filed February 8, 2022; effective May 9, 2022.

Tenn. Comp. R. & Regs. 0240-07-08-.02 SCOPE

(1) The contested case procedures set forth in the UAPA may be applicable in all cases in which the legal rights, duties, and privileges of a party are required by any statute or constitutional provision to be determined by an agency after an opportunity for a hearing. These procedures may also apply when MTSU rule provides that a hearing take place pursuant to the provisions of the UAPA.

Except as may be set forth by other applicable rule or law, the contested case procedures in the UAPA may apply in the following cases:

(a) Demotion, suspension without pay, or termination of support staff employees where the employee has elected to pursue a UAPA hearing instead of an employee panel hearing as the final step of the grievance process;

(b) Suspension or expulsion of a student who elects a UAPA hearing instead of an institutional hearing;

(c) Revocation of the registration of a student organization who elects a UAPA hearing instead of an institutional hearing; and (d) Any other case where law requires a contested case hearing and such a hearing is requested.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A), 49-8-203(a)(1)(D), and 49-8-203(a)(4).
• Administrative History: New rules filed February 8, 2022; effective May 9, 2022.

Tenn. Comp. R. & Regs. 0240-07-08-.03 AUTHORITY OF THE PRESIDENT

(1) The President of MTSU is responsible for implementation of these procedures and has final decision-making authority in any proceeding subject to these procedures.

May, 2022 2 (2) The authority and responsibilities of the President set forth herein may be delegated by him/her to individual designees who are members of the staff of MTSU. All references herein to the President include any designee of the President. The President shall be responsible for any action taken under a delegation of his/her authority.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A), 49-8-203(a)(1)(D), and 49-8-203(a)(4).
• Administrative History: New rules filed February 8, 2022; effective May 9, 2022.

Tenn. Comp. R. & Regs. 0240-07-08-.04 SELECTION OF ADMINISTRATIVE JUDGE, HEARING OFFICER, OR HEARING

COMMITTEE.

(1) The President shall determine, in his/her discretion, whether the hearing shall be held before an administrative judge appointed by the Administrative Procedures Division of the Office of the Secretary of State, a hearing officer, or a hearing committee.

(2) The following individuals may serve as administrative judges/hearing officers:

(a) A person licensed to practice law who is not employed as an attorney for the University;

(b) A former state, county, or municipal judge or former federal judge or magistrate;

(c) An employee of the University who has been trained to conduct contested cases, but who does not provide legal representation to the University;

(d) An employee of another public institution of higher education who has been trained to conduct contested cases; or, (e) An administrative judge employed by the Office of the Secretary of State pursuant to T.C.A. § 4-5-301(d) to hear contested cases.

(3) A hearing committee may be appointed by the President from the administrative, professional staff, and/or appropriate employees or students at MTSU. The person appointed by the President as administrative judge/hearing officer shall be deemed to be the chair of the hearing committee for purposes of presiding at the hearing.

(4) For matters involving sexual assault, dating violence, domestic violence, or stalking, the administrative judge/hearing officer/hearing committee members shall complete training that satisfies the requirements of Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681), the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (20 U.S.C. §1092(f)), and the federal regulations implementing those statutes, as amended. This training must take place no earlier than twelve (12) months prior to hearing the contested case.

History

• Authority: T. C.A. §§ 49-7-167, 49-8-101(a)(2)(A), 49-8-203(a)(1)(D), and 49-8-203(a)(4).
• Administrative History: New rules filed February 8, 2022; effective May 9, 2022.

Tenn. Comp. R. & Regs. 0240-07-08-.05 HEARING PROCEDURES

(1) Except as may be set forth by other applicable rule or law, the hearing procedures set forth in T.C.A. §§ 4-5-301, et seq. and Tenn. Comp. R. & Regs. 1360-04-01-.01 et seq. shall apply to cases heard pursuant to this rule.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A), 49-8-203(a)(1)(D), and 49-8-203(a)(4).
• Administrative History: New rules filed February 8, 2022; effective May 9, 2022. May, 2022 3

Tenn. Comp. R. & Regs. 0240-07-08-.06 SUSPENSIONS PENDING A CONTESTED CASE HEARING

(1) The President shall have authority to suspend a student or employee pending a contested case hearing in the manner required by University rules.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A), 49-8-203(a)(1)(D), and 49-8-203(a)(4).
• Administrative History: New rules filed February 8, 2022; effective May 9, 2022.

Chapter 0240-09-01 Student Conduct

Tenn. Comp. R. & Regs. 0240-09-01-.01 SCOPE

(1) This rule and related policies apply both to Student or Registered Student Organization prohibited conduct on and off Tennessee Tech Property. In the case of prohibited conduct that occurs off Tennessee Tech Property, Tennessee Tech will take into account whether the prohibited conduct adversely affects the interests of Tennessee Tech, including, but not limited to, prohibited conduct that:

(a) Occurs in connection with a Tennessee Tech Activity, including, but not limited to, a study abroad program, clinical, internship, service learning placement, or similar program; or (b) Involves another member of the Tennessee Tech community; or (c) Poses a credible, serious threat to the health and safety of the Tennessee Tech community or Tennessee Tech Property.

(2) Tennessee Tech will take into consideration the following standards when deciding whether misconduct is associated with a Registered Student Organization:

(a) The prohibited conduct is endorsed by the organization or any of its officers. “Endorsed by” includes, but is not limited to, the following: active or passive consent or support, having prior knowledge that the conduct was likely to occur, or helping to plan, advertise, or promote the conduct;

(b) The prohibited conduct took place during the course of an activity paid for by the organization or paid by members of the organization to support the activity or conduct in question;

(c) The prohibited conduct occurred on property owned, controlled, rented, leased, or used by the organization or any of its members for an organizational event;

(d) The prohibited conduct was related to initiation, admission into, affiliation with, or as a condition for continued membership in the organization;

(e) One (1) or more officers of the organization had prior knowledge or reasonably should have known the prohibited conduct would likely take place.

(3) This rule does not apply to academic misconduct.

(4) This rule does not apply to matters that fall within the scope of Title IX of the Education Amendments of 1972.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A) and 49-8-203(a)(1)(D).
• Administrative History: Original rules filed September 1, 2017; effective November 30, 2017. Emergency rules filed August 14, 2020; effective through February 10, 2021. Emergency rules expired effective February 11, 2021, and the rules reverted to their previous statuses. Amendments filed November 13, 2020; to have become effective February 11, 2021. However, a 75-day stay of the effective date of the rules was filed January 15, 2021; new effective date to have been April 27, 2021. Withdrawal of the stay filed March 4, 2021; new effective date March 31, 2021.

Tenn. Comp. R. & Regs. 0240-09-01-.02 DEFINITIONS

(1) “Student” – any individual who is admitted, enrolled, or registered for credit courses at Tennessee Tech or who may no longer be enrolled or registered for credit courses, but engaged in prohibited conduct while the individual was a Student at Tennessee Tech. For the purposes of this rule, “admitted” means in attendance at Tennessee Tech on either the first day of classes, or on the first day residence halls are open, or the first day of the student orientation, advising, and registration program, whichever is earlier.

(2) “Registered Student Organization” (“RSO”) – Any organization comprised primarily of currently enrolled Students that have successfully completed the registration process and otherwise complied with Tennessee Tech policies and requirements related to student organizations.

(3) “Tennessee Tech Property” – all land, buildings, facilities, grounds, structures, or any other property including but not limited to movable objects owned, leased, used, maintained, or operated by Tennessee Tech. For purposes of this rule, Tennessee Tech Property includes all streets, alleys, sidewalks, and public ways abutting such property. Tennessee Tech Property also includes computers and network systems owned, maintained, or controlled by Tennessee Tech or funded by Tennessee Tech.

(4) “Tennessee Tech Activity” – any activity on or off Tennessee Tech Property that is initiated, aided, authorized, sponsored, or supervised by Tennessee Tech.

(5) “University Official” – an employee or agent of Tennessee Tech, including but not limited to university police, faculty members and staff acting in the performance of his/her duties as well as Student employees (e.g., event staff, resident assistants, graduate or teaching assistants, etc.).

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A) and 49-8-203(a)(1)(D).
• Administrative History: Original rules filed September 1, 2017; effective November 30, 2017.

Tenn. Comp. R. & Regs. 0240-09-01-.03 GENERAL PROVISIONS

(1) Each Student or RSO shall be responsible for his/her/its conduct from the time of admission to Tennessee Tech through the actual awarding of a degree, even though conduct may occur before classes begin or after classes end, as well as during the academic year and during periods between terms.

(2) A Student or RSO is responsible for his/her/its guests or visitors and may be held accountable for the behavior of his/her/its guests or visitors on Tennessee Tech Property or in the handling or use of Tennessee Tech Property.

(3) Any Student that chooses to take a leave of absence or withdraw from Tennessee Tech during any academic period prior to graduation with a pending disciplinary matter will be subject to a disciplinary hold placed on the Student’s account preventing reenrollment until resolution of the conduct in question.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A) and 49-8-203(a)(1)(D).
• Administrative History: Original rules filed September 1, 2017; effective November 30, 2017.

Tenn. Comp. R. & Regs. 0240-09-01-.04 PROHIBITED CONDUCT

(1) Prohibited conduct includes, but is not limited to the following:

(a) Harm to Others: Causing physical harm to any person; endangering the health, safety, or welfare of any person; engaging in conduct that causes a reasonable person to fear harm to his/her health, safety, or welfare; or making an oral or written statement that an objectively reasonable person hearing or reading the statement would interpret as a serious expression of an intent to commit an act of unlawful violence to a particular individual or group of individuals;

(b) Engaging in oral or written speech that is obscene; is defamatory; consists of fighting words; or is directed to inciting or producing imminent lawless action and is likely to incite or produce such action;

(c) Any conduct that falls within the terms of T.C.A. § 39-17-308 (Harassment) or T.C.A. § 39-17-315 (Stalking) or “student-on-student harassment,” which means unwelcome conduct directed toward a person that is discriminatory on a basis prohibited by federal, state, or local law, and that is so severe, pervasive, and objectively offensive that it effectively bars the victim’s access to educational opportunity or benefit;

(d) Discrimination: Any conduct that falls within the terms of any federal or state law, rule, or regulation related to discrimination and harassment;

(e) Hazing: Any conduct that falls within T.C.A. § 49-7-123(a)(1), including, but not limited to, an intentional or reckless act on or off Tennessee Tech Property by one (1) Student acting alone or with others that is directed against any other Student, that endangers the mental or physical health or safety of that Student or that induces or coerces a Student to endanger the Student’s mental or physical health or safety;

(f) Retaliation: Interfering with any aspect of a disciplinary matter or disciplinary hearing, including, but not limited to threatening or intimidating a complainant or witnesses or attempting to do the same;

(g) Disruptive Behavior: Any individual or group behavior that unreasonably disrupts the academic environment (e.g. interferes with teaching, classroom operations, research, etc.) or unreasonably interferes with operations, events, or programs on Tennessee Tech Property or during a Tennessee Tech Activity;

(h) Obstruction of or Interference with Activities on Tennessee Tech Property or Facilities:

Any substantial interference with or substantial obstruction of any Tennessee Tech program, event, or facility including the following:

1. Any unauthorized occupancy of facilities owned or controlled by Tennessee Tech or blockage of access to or from such facilities;

2. Interference with the right of any Tennessee Tech member or other authorized person to gain access to any activity, program, event, or facilities sponsored or controlled by Tennessee Tech;

3. Any obstruction or delay of a public safety officer, security officer, firefighter, EMT, or any University Official;

4. Participation in a demonstration that substantially impedes Tennessee Tech operations; or 5. Obstruction of the free flow of pedestrian or vehicular traffic on Tennessee Tech Property or at a Tennessee Tech Activity;

(i) Failure to Comply: Refusing or ignoring directions of a University Official acting in the performance of his/her duties;

(j) Falsification: Providing information that is materially false to, or withholding necessary information from, any University Official acting in the performance of his/her duties;

(k) Fraud: Deception, forgery, or alteration, including, but not limited to, the unauthorized use of Tennessee Tech documents, records, identification, computers, parking permits, identity theft, or any other similar actions prohibited by law;

(l) Theft: Unauthorized possession of Tennessee Tech Property or personal property of a member of the Tennessee Tech community;

(m) Misuse or Damage of Property: Any act of misuse, vandalism, malicious or unwarranted damage or destruction, defacing, disfiguring or unauthorized use of property belonging to Tennessee Tech or a member of the Tennessee Tech community including, but not limited to, any personal property, fire alarms, fire equipment, elevators, telephones, Tennessee Tech keys, library materials and/or safety devices;

(n) Trespassing or Unauthorized Entry: Unauthorized access or attempting to gain access to any Tennessee Tech Property;

(o) Weapons: Possession or carrying, whether openly or concealed, with the intent to go armed, any firearm, explosive, explosive weapon, bowie knife, hawk bill knife, ice pick, dagger, slingshot, leaded cane, switchblade knife, blackjack, knuckles, or any other weapon of like kind, not used solely for instructional or school-sanctioned ceremonial purposes, in any Tennessee Tech building or bus, campus, grounds, recreation area, athletic field, or any other property owned, operated, or while in use by Tennessee Tech as prohibited by state law. No Student shall use a weapon or instrument to simulate a weapon in acts that endanger or threaten any person;

(p) Hazardous Materials: Possession, ignition, or detonation of explosives, fireworks, flammable materials, ammunition, gasoline or other hazardous liquids, chemicals or hazardous materials, and any other material or item of like kind representing a potential danger to the Tennessee Tech community;

(q) Substance Abuse: The unlawful manufacture, distribution, possession, use or abuse of any controlled substance, illegal drug or alcohol on Tennessee Tech Property or as

part of any activity sponsored by Tennessee Tech in violation of state or federal law or related Tennessee Tech policies;

(r) Paraphernalia: The use or possession of equipment, products, or materials that are used or intended for use in the unlawful manufacture, growth, use, or distribution of any drug or controlled substance. This offense includes the violation of any local ordinance, state, or federal law concerning the unlawful possession of drug paraphernalia;

(s) Parking or Traffic Violations: In addition to the penalties described in Tennessee Tech rules or policies related to traffic, parking, and safety and elsewhere in this rule, the possession or use of a motor vehicle on Tennessee Tech Property may be limited or revoked for any of the following:

1. Possession or use of alcoholic beverages or drugs while operating a vehicle;

2. Irresponsible operation of a vehicle;

3. Leaving the scene of an accident;

4. Failure to report an accident involving personal injury or property damage;

5. Excessive violations of rules or policies to include excessive parking citations;

6. Falsifying vehicle registration or gaining such registration under false pretense; or 7. Possession, use, or sale of fraudulent parking permits;

(t) Violation of Information Technology Acceptable Use Standards: Violation of any provision related to Tennessee Tech information technology facilities and resources as defined in related state or federal laws or Tennessee Tech policies;

(u) Unauthorized Use of Personal Recording Devices: Use of electronic or other devices to make a photographic, audio, or video record of any person without his/her prior knowledge or consent in violation of federal or state law or related Tennessee Tech policies;

(v) Invasion of Privacy: Making, or causing to be made, unauthorized video/audio recordings or photographic images of a person in a location in which that person has a reasonable expectation of privacy, without the prior effective consent of the individual, or in the case of a minor, without the prior effective consent of the minor’s parent or guardian. This includes, but is not limited to, taking video or photographic images in shower/locker rooms, residence hall rooms, and restrooms, as well as any storing, sharing, and/or distributing of such unauthorized recordings/images by any means;

(w) Violation of Student Housing Policy: Violation of any provision outlined in Tennessee Tech rules, related policies, and procedures related to housing;

(x) Gambling: Unlawful gambling in any form;

(y) Financial Irresponsibility: Failure to meet financial responsibilities to Tennessee Tech including, but not limited to, knowingly passing a worthless check or money order in payment to Tennessee Tech;

(z) Unacceptable Conduct in Disciplinary Proceedings: Conduct at any stage of a disciplinary proceeding or investigation that is contemptuous, threatening, or disorderly, including, but not limited to:

1. Failure to obey the directives of a disciplinary body or University Official in the performance of his/her/its duties;

2. Falsification, distortion, or misrepresentation of information during a disciplinary proceeding;

3. Disruption or interference with the orderly conduct of a disciplinary proceeding;

4. Attempting to influence the impartiality of a member of a disciplinary body prior to, or during the course of, a disciplinary proceeding; or 5. Harassment, intimidation, or retaliation against any participant in the Tennessee Tech disciplinary process;

(aa) Attempting to violate the student conduct rule or related policies;

(bb) Aiding/Abetting a Violation: Any attempt to commit any of the offenses identified as prohibited conduct, or the aiding/abetting of the commission of any of the offenses listed as such. An attempt to commit an offense is defined as the intention to commit the offense coupled with the taking of some action toward its commission. Being present during the planning or commission of any offense listed under this section will be considered as aiding and abetting. Students who anticipate or observe an offense must remove themselves from the situation and are required to report the offense to Tennessee Tech;

(cc) Violation of Policies: Any violation of the general policies of Tennessee Tech as published in Tennessee Tech publications including, but not limited to, policies or procedures published on Tennessee Tech’s web site;

(dd) Violation of State or Federal Laws: Any violation of state or federal laws, rules, regulations, etc. proscribing conduct or establishing offenses;

(ee) Violation of Imposed Disciplinary Sanctions: Violation of a disciplinary sanction officially imposed during a Tennessee Tech hearing proceeding.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A) and 49-8-203(a)(1)(D).
• Administrative History: Original rules filed September 1, 2017; effective November 30, 2017. Emergency rules filed August 14, 2020; effective through February 10, 2021. Emergency rules expired effective February 11, 2021, and the rules reverted to their previous statuses. Amendments filed November 13, 2020; to have become effective February 11, 2021. However, a 75-day stay of the effective date of the rules was filed January 15, 2021; new effective date to have been April 27, 2021. Withdrawal of the stay filed March 4, 2021; new effective date March 31, 2021.

Tenn. Comp. R. & Regs. 0240-09-01-.05 DISCIPLINARY SANCTIONS

(1) Upon a determination by a preponderance of the evidence (unless otherwise required by federal or state law, rule, or regulation) that a Student or RSO has engaged in prohibited conduct, the following disciplinary sanctions may be imposed, either singly or in combination, by the Dean of Students and/or a Tennessee Tech Judicial council:

(a) Informal Warning: An oral or written warning to the Student or RSO found responsible for a violation when the circumstances and severity of actions do not warrant the development of an official record;

(b) Official Warning: A written notice to the Student or RSO found responsible for a violation. The warning will serve as official notification that continuation or repetition of specified conduct will be cause for further disciplinary action;

(c) No Contact Order: An order of no contact with any individuals who are complainants, victims, or witnesses in the student conduct process. This includes, but is not limited to, verbal, written, electronic, cellular, physical, or social contact, or allowing others to make any similar contacts on a Student’s behalf. An order of no contact can also be issued as an interim measure prior to the completion of the disciplinary process;

(d) Restitution: A measure intended to compensate for the loss, damage, or injury caused by the Student or an RSO. This action may take the form of appropriate service, monetary compensation, or material replacement;

(e) Restriction of Privileges: A restriction upon a Student or RSO’s privileges for a period of time. These restrictions may include, but are not limited to denial of the following:

1. The ability to represent Tennessee Tech at any event;

2. Use of Tennessee Tech facilities;

3. Parking privileges;

4. Participation in, election to, or appointment as a member or officer of Student Government or any RSO; or 5. Application for use of Tennessee Tech funds;

(f) Educational Action: A measure intended to educate the Student or members of the RSO on the responsibilities to refrain from prohibited conduct and learn from the violation. Educational actions include, but are not limited to:

1. Attendance at educational activities or substance education workshops;

2. Completion of a prescribed number of community service hours;

3. Participation in a counseling assessment; or 4. Attendance at community education classes;

(g) Parental or Legal Guardian Notification: Pursuant to T.C.A. § 49-7-146, Tennessee Tech is required to notify a parent or legal guardian of a Student under age twenty-one (21) if the Student “has committed a disciplinary violation with respect to the use or possession of alcohol, or a controlled substance, or a controlled substance analogue that is a violation of any federal, state, or local law, or any rule or policy of [Tennessee Tech], except as prohibited by the Federal Education Rights and Privacy Act (FERPA)

(20 U.S.C. § 1232g).” Tennessee Tech will provide such notice if:

1. The student admits responsibility for engaging in the prohibited conduct; or 2. There is a final finding of responsibility pursuant to Tennessee Tech disciplinary procedures;

(h) Disciplinary Probation: Continued enrollment of a Student or recognition of an RSO on probation may be conditioned upon adherence to Tennessee Tech rules and policies related to student conduct. Probation may include restrictions of privileges or any other appropriate conditions. Any conduct in further violation of Tennessee Tech rules and policies related to student conduct while on probationary status or the failure to comply with the terms of the probationary period may result in the imposition of further disciplinary action up to and including expulsion or withdrawal of recognition;

(i) Housing Probation: Continued residence in Tennessee Tech student housing may be conditioned upon adherence to Tennessee Tech rules and policies related to student conduct as well as Tennessee Tech housing rules and related policies and requirements. Probation may include restrictions upon the activities of the resident, including any other appropriate conditions;

(j) Interim Measures: The Dean of Students or designee may impose temporary measures prior to the beginning of a formal student conduct process. If Tennessee Tech imposes an interim measure, the Student or RSO may contest the measure following the procedures in 0240-09-01-.07 Disciplinary Procedures, Section 8. (Procedures Related to Interim Action). Interim measures may become permanent depending on the outcome of the formal disciplinary hearing. Interim measures may include, but are not limited to:

1. No contact orders;

2. Removal from or reassignment of housing;

3. Removal from or reassignment of on campus work study or work assignments;

4. Removal from or reassignment of a specific class or academic activity;

5. Restriction of access to specified buildings or Tennessee Tech Property;

6. Restriction of privileges; or 7. Other types of temporary measures;

(k) Interim Suspension:

1. Interim suspension is the immediate removal of a Student from Tennessee Tech Property, including but not limited to, facilities, programs, privileges, classes, and premises pending a formal disciplinary hearing.

2. The Dean of Students or designee may impose an interim suspension if, after an individualized assessment, the Dean of Students or designee determines that the Student’s behavior poses a significant risk to the health or safety of others that cannot be eliminated by other interim measures.

3. The Dean of Students or designee may also impose an interim suspension when a Student is determined to constitute an immediate threat to Tennessee Tech Property or a substantial disruption to classroom and/or Tennessee Tech operations.

4. A Student placed on interim suspension status must obtain advance permission from the Dean of Students or designee to be present on Tennessee Tech Property. The Dean of Students or designee will grant such permission only in cases where the Student has identified a legitimately necessary reason for his/her presence on campus.

5. If Tennessee Tech imposes an interim suspension, the Student may contest the matter following the procedures in 0240-09-01-.07 Disciplinary Procedures,

Section 8. (Procedures Related to Interim Action);

(l) Revocation of Registered Student Organization Status: A designated period of time in which an RSO is not recognized by Tennessee Tech and does not receive designated privileges as defined by Tennessee Tech policies related to student organizations;

(m) Suspension of Housing Contract: The separation of a Student or members of an RSO from facilities maintained by Residential Life for a temporary or definite period of time, after which the Student or RSO is eligible to return or may be conditionally allowed to return. Subsequent rule or policy violations may result in cancellation of the housing contract(s);

(n) Cancellation of Housing Contract: A permanent separation of the Student or RSO from facilities maintained by Residential Life. A Student or RSO dismissed from these facilities is not eligible for readmission into any Residential Life facilities maintained by Tennessee Tech;

(o) Suspension: The separation of a Student or RSO from Tennessee Tech for a specified period of time. Suspension may be accompanied by special conditions for readmission.

All Students suspended from Tennessee Tech will be issued a no trespass directive barring them from Tennessee Tech Property and all Tennessee Tech Activities. A suspended Student must submit a written request to the Dean of Students or designee at least three (3) business days, absent good cause, in advance to request permission to be present on Tennessee Tech Property or at a Tennessee Tech Activity. This request must specifically identify the nature of the official business that the suspended Student wishes to conduct as well as the locations that the Student wishes to visit;

(p) Expulsion: A permanent separation from Tennessee Tech. The imposition of this sanction is a permanent bar to the Student’s admission to, or an RSO’s recognition at, Tennessee Tech. Any Student that receives this sanction will be issued a no trespass directive barring him/her from Tennessee Tech Property and all Tennessee Tech Activities;

(q) Withholding Degree: The awarding of a degree may be withheld until all disciplinary processes are complete and all sanctions, if any, are satisfactorily completed;

(r) Revocation of Degree: Revocation of a degree in cases when a Student has engaged in serious misconduct while enrolled, but not discovered until after graduation;

(s) Revocation of Admission: Revocation of admission when a person previously admitted to Tennessee Tech has engaged in serious misconduct prior to the first day of classes, or on the first day residence halls are open, or the first day of the student orientation, advising, and registration program, whichever is earlier.

(t) Any alternate sanction deemed necessary and appropriate to address the prohibited conduct.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A) and 49-8-203(a)(1)(D).
• Administrative History: Original rules filed September 1, 2017; effective November 30, 2017. Emergency rules filed August 14, 2020; effective through February 10, 2021. Emergency rules expired effective February 11, 2021, and the rules reverted to their previous statuses. Amendments filed November 13, 2020; to have become effective February 11, 2021. However, a 75-day stay of the effective date of the rules was filed January 15, 2021; new effective date to have been April 27, 2021. Withdrawal of the stay filed March 4, 2021; new effective date March 31, 2021.

Tenn. Comp. R. & Regs. 0240-09-01-.06 DISCIPLINARY HOLDS ON RECORDS

(1) Tennessee Tech may place a hold on a Student record when the Student has:

(a) Withdrawn from Tennessee Tech and a disciplinary meeting and/or proceeding is pending, (b) Not responded to the Dean of Students Office’s request for a meeting or a hearing, or (c) Been suspended or expelled.

(2) A disciplinary hold may remain on a student’s record until final resolution of a disciplinary meeting and/or disciplinary proceeding.

(3) Tennessee Tech will not confer a degree when a Student has a pending disciplinary meeting and/or disciplinary proceeding.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A) and 49-8-203(a)(1)(D).
• Administrative History: Original rules filed September 1, 2017; effective November 30, 2017. Emergency rules filed August 14, 2020; effective through February 10, 2021. Emergency rules expired effective February 11, 2021, and the rules reverted to their previous statuses. Amendments filed November 13, 2020; to have become effective February 11, 2021. However, a 75-day stay of the effective date of the rules was filed January 15, 2021; new effective date to have been April 27, 2021. Withdrawal of the stay filed March 4, 2021; new effective date March 31, 2021.

Tenn. Comp. R. & Regs. 0240-09-01-.07 Section 5 (Notice and Due Process Rights Related to Disciplinary Proceedings) prior to the hearing;

(ii) The right to have the case heard based only on the alleged violation of the prohibited conduct specified in the written notice;

(iii) The right to be accompanied by an advisor of choice, provided the Student or RSO consents to the release of necessary education records to the advisor. The advisor, however, may not speak on behalf of the Student in the hearing. An advisor may:

(I) Address questions of procedure to the Dean of Students to the extent that the questions do not interfere with the orderly proceeding of the hearing; and (II) Request a recess to confer in private with the Student or RSO.

(iv) The right to speak on his/her/its behalf, to call witnesses, to question all witnesses, to present evidence, to challenge the admissibility of evidence; and (v) The right to remain silent in a hearing.

2. Formal rules of evidence shall not be applicable. The Dean of Students may exclude evidence which, in his/her sole judgment, is immaterial, irrelevant, unduly repetitious, unduly prejudicial, etc.

3. The Dean of Students shall determine responsibility using the preponderance of the evidence standard of proof unless otherwise required by federal or state law,

rule, or regulation.

4. The Dean of Students shall issue a written decision that includes his/her findings and conclusions within three (3) business days after the conclusion of the hearing and all evidence is submitted.

5. The Student or RSO will be advised in writing of the decision and all sanctions imposed as a result of the disciplinary hearing via Tennessee Tech email account.

6. Any sanction imposed as a result of a hearing before the Dean of Students will be effective immediately upon notification to the Student or RSO.

(7) Hearings before the Judicial Council (a) The Judicial Council is comprised of six (6) faculty members, two (2) administrators, and six (6) Students. The Dean of Students serves as an ex-officio member. Faculty members of the Judicial Council are appointed for a two (2) year term by the Tennessee Tech president. Student members of the Judicial Council are appointed for a one (1) year term by the president of the Student Government Association.

(b) The Chairperson shall be elected by the Judicial Council membership on an annual

basis.

(c) A minimum of seven (7) members of the Judicial Council are required to hear a disciplinary case, composed of at least three (3) Students and four (4) faculty members, unless otherwise agreed by the parties.

(d) The Dean of Students will train and advise all members of the Judicial Council regarding Tennessee Tech hearing procedures on an annual basis or as necessary.

(e) The hearing shall be conducted consistent with the following Student or RSO rights:

1. The right to receive the notices described in 0240-09-01-.07 Section 2 (Notice and Due Process Rights Related to Preliminary Meetings) and 0240-09-01-.07

Section 5 (Notice and Due Process Rights Related to Disciplinary Proceedings) prior to the hearing.

2. The right to have the case heard based only on the alleged violation of the prohibited conduct specified in the written notice.

3. The right to be accompanied by an advisor of choice, provided the Student or RSO consents to the release of necessary education records to the advisor. The advisor, however, may not speak on behalf of the Student in the hearing. An advisor may:

(i) Address questions of procedure to the Dean of Students to the extent that the questions do not interfere with the orderly proceeding of the hearing; and (ii) Request a recess to confer in private with the Student or RSO.

4. The right to speak on his/her/its behalf, to call witnesses, to question all witnesses, to present evidence, to challenge the admissibility of evidence; and 5. The right to remain silent in a hearing; and 6. The right to challenge the seating of any Judicial Council member for bias, prejudice, interest, or any other good cause. The dismissal of a challenged hearing board member will be determined at the discretion of the Judicial Council chairperson. If the chairperson is challenged, s/he may be excused by a majority vote of the Judicial Council.

(f) All hearings shall be closed unless the respondent and the complainant both elect in writing to have an open hearing.

(g) Formal rules of evidence shall not be applicable. The Judicial Council may exclude evidence which, in its judgment, is immaterial, irrelevant, unduly repetitious, or unduly prejudicial, etc.

(h) The Judicial Council shall determine responsibility using the preponderance of the evidence standard of proof unless otherwise required by federal or state law, rule or

regulation.

(i) The Judicial Council shall issue a written decision that includes its findings and conclusions within three (3) business days after the conclusion of the hearing and all evidence is submitted.

(j) The Student or RSO will be advised in writing of the decision and all sanctions imposed as a result of the disciplinary hearing via Tennessee Tech email account.

(k) Any sanction imposed as a result of a Tennessee Tech hearing will be effective immediately upon notification to the Student or RSO.

(8) Procedures Related to Interim Measures or Interim Suspensions (a) When the Dean of Students determines that interim measures or an interim suspension are required for the health and safety of the Tennessee Tech community and/or property, the Student or RSO will be given an opportunity for an informal hearing with the Dean of Students to contest the interim measure;

(b) The informal hearing will be held within five (5) calendar days, absent good cause;

(c) The information presented at the hearing will be limited to that which is relevant to the

basis asserted for imposition of the interim measures; and (d) The Student or RSO will be entitled to formal hearing in accordance with the procedures described in 0240-09-01-.07 Section 2 (Notice and Due Process Rights Related to Preliminary Meetings) and 0240-09-01-.07 Section 5 (Notice and Due Process Rights Related to Disciplinary Proceedings) before a permanent measure is imposed.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A) and 49-8-203(a)(1)(D).
• Administrative History: Original rules filed September 1, 2017; effective November 30, 2017. Emergency rules filed August 14, 2020; effective through February 10, 2021. Emergency rules expired effective February 11, 2021, and the rules reverted to their previous statuses. Amendments filed November 13, 2020; to have become effective February 11, 2021. However, a 75-day stay of the effective date of the rules was filed January 15, 2021; new effective date to have been April 27, 2021. Withdrawal of the stay filed March 4, 2021; new effective date March 31, 2021.

Tenn. Comp. R. & Regs. 0240-09-01-.08 APPEALS

(1) A Student or RSO may appeal a sanction imposed by the Dean of Students or Judicial Council following the procedures in this section.

(2) The Student Conduct Appeal Committee will hear all appeals.

(a) The Student Conduct Appeal Committee is comprised of one (1) faculty member, one (1) administrator, and one (1) Student.

(b) A pool of eligible committee members will be identified by the Dean of Students annually to ensure a quorum can be achieved throughout the year.

(3) A Student or RSO must file a written appeal with the Dean of Students within ten (10) calendar days from the date of the decision letter, absent good cause.

(4) The bases for an appeal are as follows:

(a) New information, not available at the time of the original hearing, has become available and would substantially alter the outcome of the hearing;

(b) Tennessee Tech failed to conduct the disciplinary process in accordance with its procedures in such a way as to disadvantage the Student or RSO; or (c) The sanction is disproportionate to the violation.

(5) The Student Conduct Appeal Committee will consider the appeal based on the record and statements submitted by the Student or RSO and the Dean of Students. The Student Conduct Appeal Committee may request the Student or RSO and the Dean of Students to appear before the Student Conduct Appeal Committee to clarify any questions regarding the appeal record or statements.

(6) The Student Conduct Appeal Committee will make its decision within ten (10) business days of receipt of all relevant information. This period may be extended in circumstances where it is not possible to establish a quorum (e.g. holidays, breaks, etc.).

(7) The Student Conduct Appeal Committee may take the following action(s) upon consideration of the merit of the appeal:

(a) Affirm the original decision;

(b) Reverse the original decision;

(c) Reduce the sanction prescribed in the original decision; and/or (d) Remand the matter to the original hearing body for reconsideration.

(8) The standard of proof required to overturn a finding of a violation shall be preponderance of the evidence and the Student or RSO bears the burden of proof.

(9) A Student or RSO may file a written appeal of the Student Conduct Appeal Committee’s decision with the Vice President for Student Affairs. The Student or RSO must file a written appeal with the Vice President for Student Affairs’ office within ten (10) business days of the date of the decision letter. The appeal must state the reasons why the Student or RSO believes the decision should be overturned. After consideration of the appeal, the record, and any other relevant information, the Vice President for Student Affairs will issue a written decision within five (5) business days of receipt of the appeal and all relevant material.

(10) The Vice President for Student Affairs’ decision is final, except in cases where a Student has been expelled or the Student’s degree has been revoked. In those cases, the Student may appeal the Vice President for Student Affairs’ decision to the President. The Student must file a written appeal with the President’s office within ten (10) business days of the date of the decision letter. The appeal must state the reasons why the Student believes the decision should be overturned. After consideration of the appeal, the record, and any other relevant information, the President will issue a written decision as soon as reasonably possible.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A) and 49-8-203(a)(1)(D).
• Administrative History: Original rules filed September 1, 2017; effective November 30, 2017. Emergency rules filed August 14, 2020; effective through February 10, 2021. Emergency rules expired effective February 11, 2021, and the rules reverted to their previous statuses. Amendments filed November 13, 2020; to have become effective February 11, 2021. However, a 75-day stay of the effective date of the rules was filed January 15, 2021; new effective date to have been April 27, 2021. Withdrawal of the stay filed March 4, 2021; new effective date March 31, 2021.

Tenn. Comp. R. & Regs. 0240-09-01-.09 CONFLICTS OF INTEREST

(1) Consistent with Section 11 of the Student Due Process Protection Act, T.C.A. § 49-7-1704, student disciplinary proceedings must include protection for respondents and complainants analogous to, and no less protective than the conflict of interest provisions of T.C.A. § 4-5- 303.

History

• Authority: T.C.A. §§ 49-7-1704 and 49-8-203(a)(1)(D).
• Administrative History: Emergency rules filed August 14, 2020; effective through February 10, 2021. Emergency rules expired effective February 11, 2021, and the rules reverted to their previous statuses. New rules filed November 13, 2020; to have become effective February 11, 2021. However, a 75-day stay of the effective date of the rules was filed January 15, 2021; new effective date to have been April 27, 2021. Withdrawal of the stay filed March 4, 2021; new effective date March 31, 2021.

Tenn. Comp. R. & Regs. 0240-09-01-.10 APPLICATION OF RULE TO PROSPECTIVE STUDENTS

(1) A prospective student’s admission to Tennessee Tech may be rescinded for pre-attendance conduct that is prohibited by this rule.

(2) Tennessee Tech will publish a process for appeal of such a rescission on Tennessee Tech’s web site.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A) and 49-8-203(a)(1)(D).
• Administrative History: Emergency rules filed August 14, 2020; effective through February 10, 2021. Emergency rules expired effective February 11, 2021, and the rules reverted to their previous statuses. New rules filed November 13, 2020; to have become effective February 11, 2021. However, a 75-day stay of the effective date of the rules was filed January 15, 2021; new effective date to have been April 27, 2021. Withdrawal of the stay filed March 4, 2021; new effective date March 31, 2021.

Chapter 0240-09-02 Student Housing Regulations

Tenn. Comp. R. & Regs. 0240-09-02-.01 DEFINITIONS

(1) Occupant – Spouses, children, immediate family members, and/or other persons residing with a student resident in a Student Residence Facility/Unit.

(2) Reservation Deposit – A payment required by Tennessee Tech to secure accommodation within a Student Residence Facility/Unit prior to taking occupancy of a particular room, bed, or unit and is applied to the housing fee.

(3) Student Residence Facility/Unit – Any residence hall, dormitory building, apartment, or other facility owned or operated by Tennessee Tech and located on Tennessee Tech’s main campus.

(4) Student Housing Agreement – The terms and conditions contained in Tennessee Tech’s application for housing, in this rule, and in Tennessee Tech policies.

(5) Guest/Visitor – Any person invited by a Student Resident/Occupant or Tennessee Tech to visit in a residence facility/unit.

History

• Authority: T. C.A. §§ 49-8-101(a)(2)(A) and 49-8-203(a)(1)(D).
• Administrative History: Original rules filed September 1, 2017; effective November 30, 2017.

Tenn. Comp. R. & Regs. 0240-09-02-.02 ELIGIBILITY

(1) All Student Residence Facilities/Units shall be limited to occupancy by Tennessee Tech students and Office of Residential Life staff, unless otherwise designated by the Director of Residential Life.

(a) Student Residents must be full-time students in order to reside in Tennessee Tech housing, unless the Director of Residential Life waives this requirement for a student.

(b) All students, with the exception of students who are prohibited by federal or state law from residing in Student Residence Facilities/Units for any reason, shall have an equal opportunity to reside in Student Residence Facilities/Units, without regard to any protected category, provided that separate housing may be provided on the basis of gender.

(2) All freshmen are required to live in residence halls unless granted a waiver by the Director of Residential Life or designee.

(3) The bases for such freshmen housing waivers include, but are not limited to:

November, 2017 2 (a) Students commuting from a parent’s or legal guardian’s home that is within a fifty (50) mile radius of Tennessee Tech’s campus;

(b) Students living with a sibling who is enrolled full-time at Tennessee Tech and is at least a sophomore status and lives within a fifty (50) mile radius of Tennessee Tech’s campus;

(c) Students with disabilities who have an approved housing accommodation through the Office of Disability Services (ODS) Housing Committee;

(d) Married students or a single parent student;

(e) Students who are twenty-one (21) years old by the first day of class of the semester; or (f) Circumstances that the Director of Residential Life, in his/her sole discretion, determines warrant a waiver.

(4) Students who request housing within a Student Residence Facility/Unit and are assigned to a Student Residence Facility/Unit are responsible for full payment of the housing fee, unless the Student timely withdraws, or receives a waiver from the Director of Residential Life.

(5) Students may be subject to disciplinary action for living off-campus without authorization.

(6) No person who is registered, or required to register, as a sex offender shall be eligible to reside in any on-campus Student Residence Facility/Unit.

(7) Any student who willfully provides false or materially inaccurate information on his/her housing application may be removed from housing after notice and an opportunity to be heard.

(8) All new incoming students who are under twenty-two (22) years of age and are living in oncampus housing are required to produce proof of adequate immunization against meningococcal disease (meningitis). Students who fail to provide adequate documentation in advance of move-in will not be allowed to take up residence in Student Residence Facilities/Units.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A) and 49-8-203(a)(1)(D).
• Administrative History: Original rules filed September 1, 2017; effective November 30, 2017.

Tenn. Comp. R. & Regs. 0240-09-02-.03 STUDENT HOUSING AGREEMENT AND TERMS

(1) A student who submits a housing application and accepts housing is obligated to fulfill the terms and conditions of the agreement for the duration of the agreement. A fall semester-only agreement can be renewed for the following spring semester.

(2) Tennessee Tech accepts student applications for housing beginning in the fall through the summer preceding the academic year for which the housing is sought.

(a) Housing is assigned on a first-come, first-serve basis, using the date on which Tennessee Tech received a completed application.

(b) A Reservation Deposit is due at the time of application, which is applied to the housing fee.

November, 2017 3 (3) All Student Housing Agreements are limited to a maximum term of one (1) academic year for halls and one (1) calendar year for apartments, but may be renewable for additional terms at the discretion of the Director of Residential Life.

(4) Assignment to or occupancy of a residence hall does not include vacation periods but begins and ends on the dates of the semester(s) as indicated in the Tennessee Tech calendar indicating established hall opening and closing dates.

(5) The term of the Student Housing Agreement for an apartment unit may be for the fall or spring semester and/or summer term/period, or all of a calendar year, including all break periods within the term.

(6) The terms of the Student Housing Agreement are not modified in any way by the verbal or written comments of a Tennessee Tech student or employee not authorized to modify the Student Housing Agreement.

(7) Tennessee Tech’s acceptance of a student’s housing application and agreement does not guarantee assignment to a particular type of accommodation.

(8) Tennessee Tech’s acceptance of a student’s housing application and agreement is not evidence of admission to Tennessee Tech.

(9) Student Residence Facility/Unit assignment is contingent upon final admission to Tennessee Tech.

(10) The Student Housing Agreement is not valid unless the student has paid the applicable Reservation Deposit or this requirement is waived by the Director of Residential Life.

(11) The housing fee shall be established by Tennessee Tech prior to the beginning of any academic term, and may be subject to increase by Tennessee Tech for a subsequent academic term.

(12) In the event, any Resident of a multiple occupancy residence hall unit ceases to reside in the unit for any reason, Tennessee Tech shall have the right to reassign the remaining Residents to other Student Residence Facilities/Units on campus. When available, and at the student’s request, a multiple occupancy student residence unit may be occupied individually at a higher rental rate for a particular semester.

(13) In the event any student or other Occupant of a Student Residence Facility/Unit fails to comply with any terms or conditions of the Student Housing Agreement, including the timely payment of the housing fee, or with any rule, regulation, or policy, Tennessee Tech may declare the Student Housing Agreement terminated, and may enter and take possession of the premises after it has given notice to the student or other Occupant to vacate the premises within twenty-four (24) hours of the notice.

(14) Any student or other Occupant of a Student Residence Facility/Unit who fails to make timely payment of all rental due or for any and all damages caused to the premises shall be liable to Tennessee Tech for all expenses, including collection costs and reasonable attorney’s fees, incurred by Tennessee Tech in the enforcement or collection of the obligation involved.

(15) Students must occupy the Student Residence Facility/Unit assigned by the Office of Residential Life during the time period specified by the Student Housing Agreement. Any change in assignment must be approved by the Office of Residential Life.

November, 2017 4 (16) No student shall assign the Student Housing Agreement of any Student Residence Facility/Unit or sublet the unit, and any attempted assignment or sublease shall be void, unless the student has obtained the written consent of the Office of Residential Life.

(17) Tennessee Tech may, in its sole discretion, make all housing assignments and any housing assignment changes deemed necessary.

(18) Tennessee Tech reserves the right to refuse an application for Student Residence Facility/Unit.

(19) Tennessee Tech shall not be liable for any damages or injuries to any student or Occupant of Student Residence Facilities/Units, or to guests or invitees of such Residents or Occupants, resulting from any act or failure to act by the student or Occupant or Guest or Invitee or any accident occurring in or about the facility, except as authorized by and allowed pursuant to T.C.A. § 9-8-301, et seq. Each student or Occupant who resides or occupies any Student Residence Facility/Unit agrees to indemnify and hold Tennessee Tech harmless from and against all claims, damages, or causes of action whatsoever, asserted by any person arising out of or in any way connected with the use of the premises by the student, the Occupant, or the guest or invitee of the student or the Occupant.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A) and 49-8-203(a)(1)(D).
• Administrative History: Original rules filed September 1, 2017; effective November 30, 2017.

Tenn. Comp. R. & Regs. 0240-09-02-.04 RESERVATION, DEPOSIT, CANCELLATION, AND REFUND POLICIES

(1) Student Residence Facility/Unit (a) Any Student Housing Agreement shall terminate at Tennessee Tech’s discretion in the event of any of the following:

1. The premises or the Student Residence Facility/Unit is destroyed or, in the opinion of Tennessee Tech, unsuitable for occupancy for any reason;

2. The student resident ceases to remain a student in good standing during any regular term within the period of the Student Housing Agreement;

3. The student resident or Occupant violates any covenant, term, or condition of the Student Housing Agreement or violates any applicable law or Tennessee Tech

rule, policy, or procedure; or 4. Tennessee Tech gives the student resident written notice of termination at least thirty (30) days prior to the date when such termination will be effective.

(b) A student may be released from the Student Housing Agreement before the effective date of the agreement by submitting written notification of cancellation to the Office of Residential Life, provided:

1. The student has not checked in to his/her room; and 2. It is prior to the first day of classes of the initial semester of the agreement; and 3. The student withdraws from Tennessee Tech.

(c) A student who has entered into a Student Housing Agreement but is otherwise not obligated to reside in a Student Residence Facility may request an early termination of the agreement. A fee for such early termination will be calculated at fifty percent (50%)

November, 2017 5 of the current rental rate. Requests must be submitted in writing to the Office of Residential Life.

(d) A student may be released from the Student Housing Agreement after the effective date of the Student Housing Agreement by:

1. Withdrawal or graduation from Tennessee Tech;

2. Participation in one (1) of Tennessee Tech’s full-time academic internship programs; or 3. Other circumstances that the Director of Residential Life deems, in his/her sole discretion, to warrant a release from the Student Housing Agreement.

(e) Refund of housing fee and reservation deposits.

1. Refunds will be made consistent with Tennessee Tech’s rules, policies, or procedures related to refunds of student fees.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A) and 49-8-203(a)(1)(D).
• Administrative History: Original rules filed September 1, 2017; effective November 30, 2017.

Tenn. Comp. R. & Regs. 0240-09-02-.05 CONDUCT AND DISCIPLINARY SANCTIONS

(1) Student misconduct related to residence hall or student apartment life that is subject to disciplinary sanction shall include, but not be limited to, any misconduct described by Tennessee Tech policies related to student misconduct.

(2) Residents are required to abide by all resident regulations and responsibilities included in Tennessee Tech policies and posted on the Residential Life website. Failure to comply with any rule, regulation, or policy may subject the resident to disciplinary action under Tennessee Tech policies. Examples of prohibited conduct include but are not limited to:

(a) Tampering with security devices, fire safety fighting equipment, smoke detectors, and/or fire alarms.

(b) The use and/or possession of alcoholic beverages in all Student Residence Facilities/Unit.

(c) The unlawful use and/or possession of drugs and/or drug paraphernalia are prohibited in all Student Residence Facilities/Units.

(d) Use of tobacco products or electronic nicotine delivery systems (e.g. e-cigarettes).

Smoking is only permitted in private vehicles.

(3) Student residents and Occupants shall comply with Tennessee Tech policies and related procedures at all times. Student residents and Occupants shall be responsible for compliance with same by their invited guests.

(4) All students and Occupants are expected to respect the personal and property rights of all other persons and of Tennessee Tech.

(5) Tennessee Tech officials and agents may enter a Student Residence Facility/Unit at all reasonable times to examine and inspect the facility/unit for maintenance, health, safety, emergency purposes, or to render service and/or repairs to any unit. Any Student Residence Facility/Unit may be searched with the consent of the student resident or any other Occupant November, 2017 6 of the unit. All entries/searches, other than those described above, shall be conducted in accordance with federal and state law.

(6) Upon a determination that a student or Occupant or guest/invitee has violated any applicable rules, regulations, or policies, the disciplinary sanctions listed in Tennessee Tech policies, which are incorporated herein by reference, may be imposed, either singly or in combination, by the appropriate Tennessee Tech officials.

(7) Tennessee Tech reserves the right to move a student resident when it is in the best interest of the student, other residents on the floor, or Tennessee Tech.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A) and 49-8-203(a)(1)(D).
• Administrative History: Original rules filed September 1, 2017; effective November 30, 2017.

Tenn. Comp. R. & Regs. 0240-09-02-.06 RESIDENT RESPONSIBILITY

(1) All Student Residence Facilities/Units shall be used by students as private residences only.

(2) Spouses, children, dependents, and/or other persons residing with the student resident must be identified on the Student Housing Agreement document or in writing to the Assignment Office.

(3) All personal property of residents or Occupants on the premises shall be at the risk of the resident or Occupants. Tennessee Tech shall not be liable for any damages to or theft of personal property of students or Occupants in the Student’s Residential Facility/Unit or on its grounds prior to, during, or subsequent to the period of the Student Housing Agreement. Any abandoned property collected by Tennessee Tech will be disposed of in accordance with Tennessee Tech policy or state regulations.

(4) All student residents or Occupants who occupy any Student Residence Facility/Unit shall maintain the unit in the same condition and repair as accepted at the commencement of the period of occupancy, and, upon termination of such occupancy, shall surrender the premises in the same condition and repair, ordinary wear and tear excepted. No student resident or Occupants may make any alterations, additions, or improvements to a Student Residence Facility/Unit without the written consent of the Office of Residential Life.

(5) Students and/or Occupants will be responsible for any and all damages. Charges will be divided evenly between roommates if the responsible party cannot be identified.

(6) Failure to check out of the Student Residence Facility/Unit including failure to sign the room inventory sheet may result in a charge to the student's account and/or a hold on the student’s academic records account.

(7) Students in Student Residence Facilities/Units may be assessed on a pro-rata basis for damages in public areas or other common areas within or around the facility in which they reside, either by floor or area or by the entire facility, following a review by the Director of Residential Life or other appropriate Tennessee Tech official. Students will be notified in advance of this mass assessment.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A) and 49-8-203(a)(1)(D).
• Administrative History: Original rules filed September 1, 2017; effective November 30, 2017. November, 2017 7

Tenn. Comp. R. & Regs. 0240-09-02-.07 APPEALS

(1) A student who wants to appeal a decision related to housing, except a disciplinary matter, may file a written appeal within five (5) business days of the decision. Such appeals must be filed with the Director of Residential Life.

(2) Within ten (10) business days of the receipt of all information related to the appeal, the Director of Residential Life will notify the student of the decision in writing.

(3) The Director of Residential Life’s decision is final.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A) and 49-8-203(a)(1)(D).
• Administrative History: Original rules filed September 1, 2017; effective November 30, 2017.

Tenn. Comp. R. & Regs. 0240-09-02-.08 STUDENT HOUSING AT OTHER TENNESSEE TECH SITES

(1) Other Tennessee Tech sites that offer housing must apply substantially similar housing policies and procedures consistent with the needs and organizational structure of the site offering such housing.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A) and 49-8-203(a)(1)(D).
• Administrative History: Original rules filed September 1, 2017; effective November 30, 2017.

Chapter 0240-09-03 Parking, Traffic, and Safety Enforcement

Tenn. Comp. R. & Regs. 0240-09-03-.01 DEFINITIONS

(1) Motor Vehicle - Any self-propelled vehicle designed for transport of a person or persons and is capable of exceeding twenty-five (25) miles per hour over level, paved surfaces, shall be deemed a motor vehicle.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A) and 49-8-203(a)(1)(D).
• Administrative History: Original rules filed September 1, 2017; effective November 30, 2017.

Tenn. Comp. R. & Regs. 0240-09-03-.02 GENERAL PROVISIONS

(1) Tennessee Tech will regulate the use and/or parking of all Motor Vehicles on the campus in accordance with this rule and any applicable policy, regulation, ordinance, or statute.

(2) All employees and students must register Motor Vehicle(s) and purchase a parking permit in order to park on Tennessee Tech property. All visitors must request a parking permit. Motor Vehicles that are parked on campus without a current parking permit may be issued a parking citation for the violation.

(3) Parking citations are the responsibility of (a) The registered owner of the parking permit and the user of the parking permit; or (b) The registered owner of the vehicle in cases where no permit has been issued.

(4) Moving violations will be charged to the operator of the Motor Vehicle at the time of the violation.

(5) No individual is allowed to give, transfer, furnish, or sell a Tennessee Tech parking permit to another individual.

(6) Motor Vehicles are to be parked within two (2) marked lines and not protruding into another marked space. Violations of this type may result in a citation being issued.

(7) Non-operative vehicles will not be permitted to remain on campus beyond seven (7) days without written approval from Tennessee Tech.

(8) Trailers and boats cannot be parked on campus without prior written approval from Tennessee Tech.

(9) Motor Vehicles or other means of conveyance parked in such a way as to create a traffic hazard, including, but not limited to, blocking dumpsters, wheelchair ramps, sidewalks, crosswalks, and other parked vehicles may be cited for illegal parking and/or may be towed or impounded at the owner’s expense.

(10) Motor Vehicles not displaying a parking permit during zoned parking enforcement may be restrained by Tennessee Tech with a wheel lock in order to identify the owner/operator of the Motor Vehicle during the times of zoned parking.

(11) Repeated Citations (a) Repeated and/or flagrant parking violations may result in the Motor Vehicle being towed at the owner’s expense.

(b) Tennessee Tech may revoke an individual’s parking privileges for repeated and flagrant parking violations.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A) and 49-8-203(a)(1)(D).
• Administrative History: Original rules filed September 1, 2017; effective November 30, 2017. Amendments filed April 24, 2020; effective July 23, 2020.

Tenn. Comp. R. & Regs. 0240-09-03-.03 PARKING AREAS AND ZONES ENFORCEMENT

(1) Parking areas are marked by color-coded signs that match the color-coded permits indicating the zone in which a Motor Vehicle may be parked. Zone restrictions are effective and enforced from 7:30 a.m. to 4:30 p.m. Monday through Friday during times when classes are in session.

(2) Zone restrictions are not enforced after 4:30 p.m. with the exception of Residence Hall, Tech Village, and reserved parking zones/spaces. Motor Vehicles parked on campus after 4:30 p.m. Monday through Friday when classes are in session must have a parking permit displayed.

(3) No permit is required when classes are not in session.

(4) Residence halls and Tech Village parking zones are reserved for Motor Vehicles displaying the residential parking permits and are enforced twenty-four (24) hours a day. Visitors to residents of Tech Village are permitted to park at the Tech Village community center.

(5) Reserved spaces, including, but not limited to, the President, Police, Facilities, Residential Life Faculty Head, and Hall Directors, are reserved and enforced twenty-four (24) hours a day.

(6) Tennessee Tech enforces parking in visitor spaces from 7:30 a.m. to 4:30 p.m. Monday through Friday when classes are in session. These spaces are for visitors to Tennessee Tech and employees and students cannot park in those spaces during this period.

(7) Tennessee Tech enforces parking in thirty (30) minute zones from 7:30 a.m. to 4:30 p.m.

Monday through Friday when classes are in session and are available to anyone for the time allotted.

(8) Disabled Parking (a) Tennessee Tech enforces parking in disabled parking spaces twenty-four (24) hours a day. These reserved spaces are for individuals that have been issued a state disabled placard or license plate.

(b) The individual to whom the license plate or placard has been issued must be using the Motor Vehicle in order for the Motor Vehicle to be parked in the disabled space.

Tennessee Tech will charge the owner of the parking decal or registered owner of the Motor Vehicle the maximum fine allowed by law for improper use of a disabled placard or license plate.

(c) Individuals that have been issued a state placard or license plate for disabled parking may purchase a Tennessee Tech disabled parking permit. This permit allows the individual to park in any legal parking space on campus, should a disabled space not be available.

(d) Pursuant to T.C.A. § 55-21-108, fines for violating the disabled parking law cannot be suspended or waived.

(9) Temporary and visitor parking permits (a) Campus visitor permits are required for visitors to park on campus Monday through Friday when classes are in session. Tennessee Tech will designate parking areas for use by visitors. Tennessee Tech will publish information on obtaining visitor permits and designated parking areas on its website.

(b) Tennessee Tech may issue a temporary parking permit to individuals who have a parking permit on file and who have lost, misplaced, etc. the original hang tag.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A) and 49-8-203(a)(1)(D).
• Administrative History: Original rules filed September 1, 2017; effective November 30, 2017. Amendments filed April 24, 2020; effective July 23, 2020.

Tenn. Comp. R. & Regs. 0240-09-03-.04 PARKING VIOLATION FINES

(1) Fines may be set as determined by Tennessee Tech, but shall not exceed the amounts set by state/county/municipal ordinance for the same offense. Such fines are subject to the prior review and approval of the Tennessee Tech Board of Trustees. Proposed fines shall be submitted to the Tennessee Tech Board of Trustees together with information sufficient to justify the fine. Such information shall include consideration of state/county/municipal fines for the same offense, fines for the same offense at similarly situated institutions, association to enforcement costs at Tennessee Tech, and/or the unique traffic/parking considerations at Tennessee Tech. The public will receive notice and be allowed to comment on the proposed fines. Once adopted or amended, all fines shall be published on Tennessee Tech’s webpage.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A) and 49-8-203(a)(1)(D).
• Administrative History: Original rule filed September 1, 2017; effective November 30, 2017. Amendments filed April 24, 2020; effective July 23, 2020.

Tenn. Comp. R. & Regs. 0240-09-03-.05 MOTOR VEHICLE OPERATION

(1) Operators of Motor Vehicles on Tennessee Tech property must obey all traffic rules, regulations, postings, or directions, regardless of whether the rule, regulation, posting, or direction is included in this rule.

(2) The speed limits on all Tennessee Tech streets as well as city streets running through Tennessee Tech are enforced by the Tennessee Tech Police Department. Violations may result in the operator of the Motor Vehicle receiving a speeding citation by Tennessee Tech Police.

(3) The reckless operation of a Motor Vehicle on the Tennessee Tech campus including, but not limited to, squealing tires, sliding the Motor Vehicle, and operating the Motor Vehicle at a high rate of speed are serious safety hazards and strictly prohibited. Operators may be issued a citation by Tennessee Tech Police as well as face disciplinary action for a violation of this nature.

(4) Operators of Motor Vehicles are prohibited from overtaking/passing another Motor Vehicle in operation on streets within the Tennessee Tech campus. Violations may result in the operator of the Motor Vehicle receiving a citation from Tennessee Tech Police.

(5) Operators of Motor Vehicles must observe and obey all traffic control devices (including, but not limited to, STOP signs or traffic lights). Failure to do so may result in the operator of the Motor Vehicle receiving a citation from Tennessee Tech Police for the violation.

(6) Operators of Motor Vehicles must yield the right of way and come to a complete stop for pedestrians in the crosswalks. Operators of Motor Vehicles must also show due care for all pedestrian traffic while operating a Motor Vehicle on the Tennessee Tech campus. Failure to do so may result in the operator of the Motor Vehicle receiving a citation for the violation from Tennessee Tech Police.

(7) Operators of Motor Vehicles must pull to the edge of the roadway and come to a complete stop to yield the right of way to emergency vehicles displaying active lights and/or sirens.

Failure to do so may result in the operator of the Motor Vehicle receiving a citation for the violation from Tennessee Tech Police.

(8) Individuals riding bicycles on the Tennessee Tech campus must observe and obey all traffic control devices on all Tennessee Tech and city streets within the Tennessee Tech campus.

Failure to do so may result in the operator of the bicycle being issued a citation for the violation by Tennessee Tech Police.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A) and 49-8-203(a)(1)(D).
• Administrative History: Original rules filed September 1, 2017; effective November 30, 2017. Amendments filed April 24, 2020; effective July 23, 2020.

Tenn. Comp. R. & Regs. 0240-09-03-.06 TRAFFIC AND PARKING CITATION DISPUTES AND APPEALS

(1) Officers of the Tennessee Tech Police Department may issue citations for violations under certain circumstances in either Cookeville City Court for violations of city ordinances or Putnam County General Sessions Court for violations of state laws. Individuals that receive a City Court or General Sessions Court citation must either appear in court on the court date listed on the citation or pay the citation fine if appearance in court is not required.

(2) Any Tennessee Tech student, faculty, staff, or visitor who has received a Tennessee Tech parking citation may appeal the citation within fifteen (15) business days of the date of issue to the designated citation appeals committee. Tennessee Tech student, faculty, staff, and visitors will be notified in writing of the Committee’s decision. Tennessee Tech will publish procedures for appealing citations on its website.

(3) The designated student citation appeals committee will meet regularly during the Fall and Spring semesters. Students will be notified in writing of the Committee’s decision. The designated faculty, staff, and visitor appeals committee will meet once in the Fall semester and once in the Spring semester, absent good cause. Tennessee Tech employees and visitors will be notified in writing of the committee’s decision.

(4) The citation appeals committee decisions may be appealed to a designated administrator who is not affiliated with the respective citation appeals committee. A written appeal must be submitted with all relevant documentation attached within five (5) business days of the notification of the appropriate committee’s decision. Tennessee Tech will publish procedures for appealing a citation appeals committee decision on its website.

(5) The designated administrator will communicate his/her decision in writing to the individual making the appeal within five (5) business days after receiving the written appeal along with all relevant documentation. The decision of the designated administrator is final.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A) and 49-8-203(a)(1)(D).
• Administrative History: Original rules filed September 1, 2017; effective November 30, 2017. Amendments filed April 24, 2020; effective July 23, 2020.

Tenn. Comp. R. & Regs. 0240-09-03-.07 LIABILITY FOR THEFT OR DAMAGE

(1) Tennessee Tech assumes no financial responsibility for theft or damage to Motor Vehicles or their contents when parked or operated on campus.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A) and 49-8-203(a)(1)(D).
• Administrative History: Original rules filed September 1, 2017; effective November 30, 2017.

Chapter 0240-09-04 Student Immunization Requirements

Tenn. Comp. R. & Regs. 0240-09-04-.01 IMMUNIZATION REQUIREMENTS

(1) Unless otherwise exempted by this rule or by other law, all full-time students admitted to Tennessee Technological University (“Tennessee Tech”) must provide health information to Tennessee Tech that establishes the student’s compliance with the recommended immunization schedule for measles, mumps, rubella, and varicella for adults, issued by the Centers for Disease Control and Prevention.

(2) Unless otherwise exempted by this rule or by other law, all students under the age of Twenty- Two (22) who reside in Tennessee Tech residential facilities must provide proof of adequate immunization against meningococcal disease as recommended for adults by the Centers for Disease Control and Prevention.

(3) Unless otherwise exempted by this rule or by other law, no new incoming student will be allowed to move into campus housing without providing proof of adequate immunization as required by statute.

(4) Acceptable forms or proof of immunization (a) General proof of immunization 1. Proof of prior or current military service shall be considered proof of the recommended immunizations.

2. If allowed by law or Department of Health rule or guideline, students with proof of graduation from a Tennessee high school after a certain date shall not be required to submit evidence of the recommended immunizations, except as required by law.

3. Any other proof deemed acceptable by regulation or statute.

History

• Authority: T.C.A. § 49-7-124(g).
• Administrative History: Original rules filed October 8, 2018; effective January 6, 2019.

Tenn. Comp. R. & Regs. 0240-09-04-.02 DOCUMENTATION RELATED TO SPECIFIC ILLNESSES

(1) Varicella (a) Documentation of two (2) doses of varicella-containing vaccine administered at least twenty-eight (28) days apart; or (b) Laboratory evidence of immunity; or January, 2019 2 (c) A history verified by a physician, advanced practice nurse, physician’s assistant, or health department of varicella disease; or (d) Any other regulatory or statutory requirement.

(2) Measles, Mumps, and Rubella (a) Documentation of two (2) doses of vaccine against measles, mumps, and rubella administered at least twenty-eight (28) days apart and no earlier than four (4) days before the first birthday; or (b) Laboratory evidence of immunity; or (c) Any other regulatory or statutory requirement.

History

• Authority: T.C.A. § 49-7-124(g).
• Administrative History: Original rules filed October 8, 2018; effective January 6, 2019.

Tenn. Comp. R. & Regs. 0240-09-04-.03 EXEMPTIONS

(1) Students enrolling in a course of study that is exclusively online and does not involve any experiential component shall not be asked to provide immunization information.

(2) Varicella – Students born before January 1, 1980 are not required to present proof of adequate immunization against varicella.

(3) MMR – Students born before January 1, 1957 are not required to present proof of adequate immunization against measles, mumps, and rubella.

(4) Students may be exempted (a) Where a physician licensed by the board of medical examiners, the board of osteopathic examiners, or a health department certifies in writing that a particular vaccine is contraindicated for one of the following reasons:

1. The student meets the criteria for contraindication set forth in the manufacturer’s vaccine package insert; or 2. The student meets the criteria for contraindication published by the Centers for Disease Control and Prevention; or 3. In the best professional judgment of the physician, based upon the student’s medical condition and history, the risk of harm from the vaccine outweighs the potential benefit.

(b) Where a parent or guardian, or, in the case of an adult student, the student, provides the school with a written statement, affirmed under the penalties of perjury, that the vaccination conflicts with the religious tenets and practices of the parent or guardian or, in the case of an adult student, the student.

(5) Any other regulatory, statutory, or legal exemption.

History

• Authority: T.C.A. § 49-7-124(g).
• Administrative History: Original rules filed October 8, 2018; effective January 6, 2019. January, 2019 3

Tenn. Comp. R. & Regs. 0240-09-04-.04 OTHER REQUIREMENTS

(1) Notwithstanding the foregoing, any applicant enrolling in a school of nursing, laboratory technology, or any other allied health profession must present proof of compliance with the immunization schedule for healthcare personnel issued by the Centers for Disease Control and Prevention.

History

• Authority: T.C.A. § 49-7-124(g).
• Administrative History: Original rules filed October 8, 2018; effective January 6, 2019.

Tenn. Comp. R. & Regs. 0240-09-04-.05 INFORMATION PROVIDED TO STUDENTS

(1) Tennessee Tech will provide each new incoming student with detailed information concerning the risk factors for hepatitis B infection and meningococcal meningitis and the availability and effectiveness of vaccine for persons who are at risk of the disease.

(2) Each new incoming student must return a completed waiver form indicating that Tennessee Tech has provided the information required in this section.

History

• Authority: T.C.A. § 49-7-124(g).
• Administrative History: Original rules filed October 8, 2018; effective January 6, 2019.

Chapter 0240-09-05 Access to Public Records

Tenn. Comp. R. & Regs. 0240-09-05-.01 SCOPE

(1) This rule does not apply to a student’s request to see his/her own education records or to an employee’s or former employee’s reasonable requests to review or copy his/her own personnel file.

(2) Proof of Tennessee citizenship for the purpose of access to public records is not proof of residency for the purpose of classifying students as in-state or out-of-state when assessing tuition and fees and for admission purposes.

History

• Authority: T.C.A. §§ 10-7-503(g)(2) and 49-8-203(a)(4).
• Administrative History: Original rules filed April 28, 2020; effective July 27, 2020.

Tenn. Comp. R. & Regs. 0240-09-05-.02 DEFINITIONS

(1) Public Records: All documents, papers, letters, maps, books, photographs, microfilms, electronic data processing files and output, films, sound recordings, or other material, regardless of physical form or characteristics, made or received pursuant to law or ordinance or in connection with the transaction of official business by any governmental agency.

(2) Public Records Request Coordinator (“Coordinator”): The designated individual who has the responsibility to ensure Public Record requests are routed to the appropriate records custodian and are fulfilled in accordance with the Tennessee Public Records Act.

(3) Records Custodian: The office, official, or employee lawfully responsible for the direct custody and care of a Public Record.

(4) Requestor: A person seeking access to a Public Record, whether it is for inspection or duplication.

History

• Authority: T.C.A. §§ 10-7-503(g)(2) and 49-8-203(a)(4).
• Administrative History: Original rules filed April 28, 2020; effective July 27, 2020.

Tenn. Comp. R. & Regs. 0240-09-05-.03 GENERAL POLICY STATEMENT

(1) Tennessee Tech shall timely and efficiently provide access and assistance to persons requesting to view or receive copies of Public Records as required by law.

History

• Authority: T.C.A. §§ 10-7-503(g)(2) and 49-8-203(a)(4).
• Administrative History: Original rules filed April 28, 2020; effective July 27, 2020. July, 2020 2

Tenn. Comp. R. & Regs. 0240-09-05-.04 REQUESTING ACCESS TO PUBLIC RECORDS

(1) Public Records requests should be directed to the Coordinator or his/her designee in order to ensure Public Records requests are routed to the appropriate Records Custodian and fulfilled in a timely manner.

(2) Requestor may contact the Coordinator in person, by telephone, by email, or by mail.

(3) Tennessee Tech will publish the name, telephone number, email address, and office location of the Coordinator on its website or similar publication.

(4) Tennessee Tech will not require a Requestor to submit a request for inspection in writing, absent good cause.

(5) Tennessee Tech will require proof of Tennessee citizenship by either a valid Tennessee driver’s license or alternative acceptable form of identification as a condition to inspect or receive copies of Public Records.

(6) No request is necessary for bid tabulations for Request for Proposals and Request for Quotes, which are posted regularly on Tennessee Tech’s Purchasing and Contracts webpage.

Similarly, meeting notices and materials for Tennessee Tech’s Board of Trustees are posted on Tennessee Tech’s Board webpage.

History

• Authority: T.C.A. §§ 10-7-503(g)(2) and 49-8-203(a)(4).
• Administrative History: Original rules filed April 28, 2020; effective July 27, 2020.

Tenn. Comp. R. & Regs. 0240-09-05-.05 RESPONDING TO PUBLIC RECORDS REQUESTS

(1) The Coordinator shall, as necessary or appropriate:

(a) Request proof of Tennessee citizenship;

(b) Clarify the scope of the request;

(c) Advise the Requestor that Tennessee Tech may charge for copies if the request exceeds the costs threshold allowed by its rule;

(d) Advise the Requestor that Tennessee Tech is not the custodian of the record;

(e) Provide the records;

(f) Deny the request in writing, providing the appropriate basis, such as one of the following:

1. The Requestor is not a Tennessee citizen or has not presented evidence of Tennessee citizenship;

2. The request lacks specificity;

3. An exemption makes the record not subject to disclosure under the Tennessee Public Records Act;

4. The records do not exist.

(2) The Coordinator may deny the request provided the Coordinator has identified in writing the specific legal basis for the denial of the request.

July, 2020 3 (3) The Coordinator may, if appropriate, contact the Requestor to see if the request can be narrowed.

(4) If requested records are in the custody of a different governmental entity and the Coordinator knows the correct governmental entity, the Coordinator may direct the Requestor to the correct governmental entity.

(5) A Records Custodian must promptly forward a request to the Coordinator and assist the Coordinator in making the records available to the Requestor in a timely manner.

(6) If not practicable to promptly provide requested records because additional time is necessary to determine whether the requested records exist; to search for, retrieve, or otherwise gain access to records; to determine whether the records are open, to redact records; or for other similar reasons, then the Coordinator shall, within seven (7) business days from the receipt of the request, send the Requestor a completed Public Records Response Form.

(7) If the Coordinator reasonably determines production of records should be segmented because the Public Records Request is for a large volume of records, or additional time is necessary to prepare the records for access, the Coordinator shall notify the Requestor in writing that production of the records will be in segments and that a records production schedule will be provided as expeditiously as practicable. If appropriate, the Coordinator may contact the Requestor to see if the request can be narrowed.

(8) If the Coordinator discovers records responsive to a records request were omitted, the Coordinator will notify the Requestor and produce the records as quickly as practicable.

History

• Authority: T.C.A. §§ 10-7-503(g)(2) and 49-8-203(a)(4).
• Administrative History: Original rules filed April 28, 2020; effective July 27, 2020.

Tenn. Comp. R. & Regs. 0240-09-05-.06 REDACTION

(1) If a record contains confidential information that is not open for public inspection, the Coordinator, with assistance from the Records Custodian, shall redact the record prior to providing access.

(2) Whenever the Custodian provides a redacted record, the Custodian will advise the Requestor of the general basis or bases for the redaction(s).

History

• Authority: T.C.A. §§ 10-7-503(g)(2) and 49-8-203(a)(4).
• Administrative History: Original rules filed April 28, 2020; effective July 27, 2020.

Tenn. Comp. R. & Regs. 0240-09-05-.07 INSPECTION OF RECORDS

(1) Tennessee Tech will not charge for inspection of Public Records.

(2) Tennessee Tech will advise the Requestor of the location where the records may be inspected.

(3) The Coordinator may require an appointment for the inspection.

History

• Authority: T.C.A. §§ 10-7-503(g)(2) and 49-8-203(a)(4).
• Administrative History: Original rules filed April 28, 2020; effective July 27, 2020.

Tenn. Comp. R. & Regs. 0240-09-05-.08 REQUEST FOR COPIES OF RECORDS

(1) The Coordinator will respond to a Public Records request for copies in the most economic and efficient manner practicable.

July, 2020 4 (2) Copies will be available for pickup at a location specified by the Coordinator.

(3) Tennessee Tech will not use fees and charges for copies of Public Records to hinder access to Public Records.

(4) The Coordinator will provide Requestors with an estimate of the charges prior to producing copies of records and may require prepayment of such charges before producing requested records.

(5) If fees for copies and labor do not exceed twenty-five dollars ($25), Tennessee Tech may waive those fees. Requests for waivers for costs that exceed $25 must be presented to the Coordinator, who is authorized to determine if such waiver is in the best interest of Tennessee Tech or for the public good.

(6) A requestor may use a personal cellphone to take pictures of records when the total amount of pages to be photographed does not exceed twenty-five (25) pages.

(7) Tennessee Tech will not waive fees associated with aggregated records requests.

(8) A Requestor must pay by cash, credit card, or personal check made payable to Tennessee Tech and presented to the Coordinator or to the Tennessee Tech Business Office.

(9) Tennessee Tech will aggregate record requests in accordance with the current office of Open Records Schedule for Reasonable Charges for Frequent and Multiple Requests when more than four (4) requests are received within a calendar month either from a single individual or a group of individuals deemed working in concert.

(10) If Tennessee Tech aggregates requests, the Coordinator will advise Requestors of the basis for the aggregation.

History

• Authority: T.C.A. §§ 10-7-503(g)(2) and 49-8-203(a)(4).
• Administrative History: Original rules filed April 28, 2020; effective July 27, 2020.

Chapter 0240-09-06 Use of Tennessee Tech Property by Affiliated Users and For Free Speech Activities

Tenn. Comp. R. & Regs. 0240-09-06-.01 PURPOSE AND IMPLEMENTATION

(1) The purpose of this rule is to provide a uniform basis upon which Tennessee Tech can regulate and facilitate the use of Tennessee Tech Property for Affiliated Users and for Free Speech Activities.

(2) This rule is intended to operate consistently with Tennessee Tech’s educational and research

purpose and mission through the implementation of constitutional time, place, and manner restrictions and reasonable content and viewpoint-neutral restrictions, as appropriate for the forum and category of the User.

(3) This rule shall be implemented and construed so as to preserve the primacy of Tennessee Tech’s educational and research purpose and mission and to protect the safety of persons and security of property, and to prevent use of Tennessee Tech Property contrary to federal and state laws, rules, regulations, and Tennessee Tech policies.

History

• Authority: TN Pub. Acts 2017, Ch. 336, § 10.
• Administrative History: Original rules filed April 17, 2019; effective July 16, 2019.

Tenn. Comp. R. & Regs. 0240-09-06-.02 DEFINITIONS

(1) Affiliated Use: The use of Tennessee Tech Property by an Affiliated User for a reason associated with the Affiliated User’s status.

(2) Affiliated User: Registered student organizations as defined by Tennessee Tech policy or a person officially connected with Tennessee Tech, including Students, faculty, and other employees. The mere membership of a Student, faculty, or employee in a group or organization does not convert that group or organization to an Affiliated User.

(3) Application for Use: Form or process used by Tennessee Tech for Users who wish to reserve and use Tennessee Tech Property.

July, 2019 2 (4) Free Speech Activities: Speech, expression, or assemblies protected by the First Amendment of the United States Constitution or Article 1, Section 19 of the Tennessee Constitution, verbal or written, including but not limited to all forms of peaceful assembly, protests, demonstrations, rallies, vigils, marches, public speaking, distribution of printed materials, carrying signs, displays, or circulating petitions. “Free Speech Activities” do not include the promotion, sale, or distribution of any product or service.

(5) Non-affiliated Use: The use of Tennessee Tech Property for activities other than Affiliated Use.

(6) Non-affiliated User: Any person, group, or organization that is not an Affiliated User.

(7) Normal Administrative Activities: For the purposes of this rule only, “Normal Educational Activities” means activities that fall within the scope of a Tennessee Tech employee’s jobrelated duties, activities, or responsibilities.

(8) Normal Educational Activities: Activities that occur outside of the scheduled class period to enhance and to continue student learning and project completion. These include but are not limited to the following: small group study sessions (whether organized by students, tutors, instructors or teachers), review sessions, open labs, student-teacher conferences, and students working together on class projects.

(9) Official Tennessee Tech Purpose: Use of Tennessee Tech Property by student groups/organizations, administrative offices, and/or departments for events, programs, activities, etc. that primarily support Tennessee Tech’s purpose and mission and/or are planned primarily for members of the Tennessee Tech community.

(10) Student: A person who is currently enrolled in a Tennessee Tech credit course of study or a student organization that is comprised entirely of individuals currently enrolled in credit courses of study and registered with Tennessee Tech.

(11) Tennessee Tech Official: An employee or agent of Tennessee Tech, including but not limited to university police, faculty members, and staff, acting in the performance of his/her duties, as well as Student employees, including but not limited to event staff, resident assistants, and graduate or teaching assistants.

(12) Tennessee Tech Property or Property: All facilities and property owned, leased, or controlled by Tennessee Tech.

(13) User: Both Affiliated and Non-affiliated Users.

History

• Authority: TN Pub. Acts 2017, Ch. 336, § 10.
• Administrative History: Original rules filed April 17, 2019; effective July 16, 2019.

Tenn. Comp. R. & Regs. 0240-09-06-.03 GENERAL POLICY

(1) Use of Tennessee Tech Property is restricted to Affiliated Users and invited guests of Tennessee Tech, except as specifically provided by rules, laws related to free speech, or when part or all of Tennessee Tech’s campus, buildings, or facilities is open to the general public for a designated time and purpose.

(2) Use of Tennessee Tech Property shall be through a process of Application for Use, except as provided by state law related to free speech on campuses and, absent unusual circumstances, for use for Normal Educational or Administrative Activities.

July, 2019 3 (3) Except as provided by state law related to free speech on campuses, Tennessee Tech, in its sole discretion, may restrict use of Tennessee Tech Property during periods that are dedicated to Tennessee Tech activities. Such periods include but are not limited to the final week of classes, final examination periods, welcome or homecoming weeks, etc.

(4) Tennessee Tech will publish a list of Property available for use by Affiliated Users and the office/department responsible for accepting and processing the Application for Use.

(5) Tennessee Tech will publish a list of spaces designated for Free Speech Activities by Nonaffiliated Users and the process for Application for Use.

(6) Except as provided by state law related to free speech on campuses, Tennessee Tech Property not specifically identified as available for use is specifically unavailable for use other than for Normal Educational or Administrative Activities.

History

• Authority: TN Pub. Acts 2017, Ch. 336, § 10.
• Administrative History: Original rules filed April 17, 2019; effective July 16, 2019.

Tenn. Comp. R. & Regs. 0240-09-06-.04 GENERAL CONDITIONS FOR USE OF TENNESSEE TECH PROPERTY BY

AFFILIATED AND NON-AFFILIATED USERS.

(1) Users and use of the Property must comply with federal and state laws, rules, regulations, and Tennessee Tech policies, including but not limited to applicable fire and safety codes and policies related to the protection of minors on campus.

(2) Tennessee Tech shall have the right to terminate immediately the use of Tennessee Tech Property by any User due to a violation or violations of any federal or state law(s), rule(s),

regulation(s), or Tennessee Tech policy or policies.

(3) Sound amplification equipment may be used only when prior approval has been requested and granted by the Tennessee Tech Official in charge of approving the Application for Use, taking into account Tennessee Tech’s purpose and mission and the nature of the requested Tennessee Tech Property, location, time of day, manner, volume, etc.

(4) A Student may not allow a Non-affiliated User to use Tennessee Tech Property in her/his/its name in order to circumvent or to avoid the requirements of Tennessee Tech’s rule or policies related to rental of Tennessee Tech Property.

(5) Consistent with state law related to free speech on campuses, a Student or a faculty member may invite a guest speaker, provided the Student or faculty is responsible for all matters related to the activity or event.

(a) The responsibilities of the Student or faculty member include but are not limited to the following:

1. Submitting an Application for Use and receiving approval for the use of the requested Property;

2. Acting as the primary contact and communicator for facility needs and campus services;

3. Assuming responsibility for working with and resolving problems related to the activity or event, including any damages caused by the guest speaker, invitees, or guests;

July, 2019 4 4. Ensuring the invitees and guests follow Tennessee Tech rules, policies, regulations, guidelines, and procedures; and 5. Ensuring all financial obligations for the activity or event are met.

(b) The Student or faculty member must be present at the activity or event for the duration of the event.

(6) An affiliated entity may sponsor an activity or event that would ordinarily be deemed a Nonaffiliated Use if the activity or event is directly related to the purpose and mission of the affiliated entity and Tennessee Tech.

(a) In order to sponsor such an activity or event, the affiliated entity must be responsible for all matters related to the activity or event. The affiliated entity’s responsibilities include but are not limited to the following:

1. Submitting an Application for Use and receiving approval for the activity or event;

2. Seeking and obtaining all necessary campus approvals and authorizations for the activity or event;

3. Ensuring the affiliated entity’s name is associated with the activity or event;

4. Acting as the primary contact and communicator for facility needs and campus services;

5. Assuming responsibility for working with and resolving problems related to the activity or event, including any damages caused by the activity or event;

6. Ensuring the invitees and guests follow Tennessee Tech policies, regulations, guidelines, and procedures; and 7. Ensuring all financial obligations for the activity or event are met.

(b) An affiliated entity must ensure that its members, including at least one (1) officer of the affiliated entity, are present at the activity or event for the duration of the activity or event.

(7) Users of Tennessee Tech Property are responsible for all aspects of the activity or event, including but not limited to the conduct of the invitees and guests, set up, break down, clean up, etc.

(8) User must return Tennessee Tech Property in the same condition it was in when made available to the User. User will be responsible for all expenses incurred by Tennessee Tech to remedy the condition of damaged Tennessee Tech Property.

(9) Use of Tennessee Tech Property shall be limited to the declared purpose in the Application for Use.

(10) Tennessee Tech will not permit overnight use of Tennessee Tech Property unless specifically requested and approved in writing by the Tennessee Tech Official in charge of approving the Application for Use.

(11) All persons on Tennessee Tech Property in conjunction with an activity or event shall provide adequate identification upon request to Tennessee Tech Officials and security personnel.

July, 2019 5 Persons or groups who refuse to provide such identification may be subject to immediate removal from Tennessee Tech Property, to campus disciplinary action, and/or to arrest, as appropriate.

(12) Users are restricted to the area of Tennessee Tech Property approved for their use.

(13) The use and/or possession of alcoholic beverages on Tennessee Tech Property is prohibited unless approved pursuant to Tennessee Tech policies related to alcohol on Tennessee Tech Property.

(14) Users shall not:

(a) Block or substantially impede vehicular, bicycle, pedestrian, or other traffic;

(b) Block or substantially impede entrances or exits to Tennessee Tech Property;

(c) Substantially disrupt or interfere with Tennessee Tech operations, activities, or events;

(d) Substantially disrupt or interfere with the ability of a Student to sleep or study in a Tennessee Tech residence hall during the hours designated by Tennessee Tech as quiet hours, or the ability of a Student to study in the Tennessee Tech library or in a designated study area;

(e) Engage in speech that is obscene; is defamatory; consists of fighting words; communicates an objectively serious expression of intent to commit an act of unlawful violence to a particular individual or group; or is directed to inciting or producing imminent lawless action and is likely to incite or produce such action;

(f) Unreasonably threaten the health or safety of another person; or (g) Damage or deface Tennessee Tech Property, including but not limited to grass, shrubs, trees, or other landscaping.

(15) Except as provided by state law related to free speech on campuses, User may be required to pay certain fees or costs, including but not limited to maintenance, custodial, utilities, setup, and/or security, related to the nature of the activity or event and the use of particular Tennessee Tech Property. The fees and costs schedule will be applied to all similar uses on a content- and viewpoint-neutral basis. Payment of such fees and costs may be required in advance of an activity or event, at the sole discretion of Tennessee Tech.

History

• Authority: TN Pub. Acts 2017, Ch. 336, § 10.
• Administrative History: Original rules filed April 17, 2019; effective July 16, 2019.

Tenn. Comp. R. & Regs. 0240-09-06-.05 APPLICATION REQUIREMENTS AND USE OF TENNESSEE TECH PROPERTY

APPLICABLE TO ALL USERS.

(1) Affiliated Users’ requests to use Tennessee Tech Property have priority over requests by Non-affiliated Users.

(2) Users may reserve Tennessee Tech Property by following the procedures published by Tennessee Tech.

(3) The Tennessee Tech Official responsible for approving the Application for Use may approve an application filed late according to the required time period specified in procedures, if it is determined that the use of the requested Tennessee Tech Property can be reasonably July, 2019 6 accommodated. Approval of late applications shall be within the sole discretion of the Tennessee Tech Official, whose decision will be final.

(4) The Tennessee Tech Official responsible for approving the Application for Use will provide written notice of approval or disapproval of the Application for Use to the applicant within a reasonable time from the date the application is submitted. Such notices may be made electronically.

(5) Notices of disapproval shall include a statement of the basis for disapproval, which shall be based solely on content- and viewpoint-neutral factors.

(6) An applicant must receive written approval of an Application for Use prior to the commencement of the activity or event.

History

• Authority: TN Pub. Acts 2017, Ch. 336, § 10.
• Administrative History: Original rules filed April 17, 2019; effective July 16, 2019.

Tenn. Comp. R. & Regs. 0240-09-06-.06 SPECIFIC PROVISIONS RELATED TO AFFILIATED USERS

(1) Except as provided by state law related to free speech on campuses, Tennessee Tech may limit use or availability of Tennessee Tech Property.

(2) Affiliated Users are required to submit an Application for Use for open-air (open space) activities and events if any of the following apply:

(a) The Affiliated User wants to be assured that the Property will be available for use at the preferred time;

(b) The activity or event will involve more than twenty-five (25) participants, including expected invitees or guests;

(c) User intends to serve, provide, or distribute food that exceeds the limits described in Tennessee Tech policies related to food purchases;

(d) User intends to use equipment including but not limited to tables and stages or utilities, including but not limited to water or electricity;

(e) The activity or event includes the use of signs, banners, posters, and/or other displays causing ground penetration or attached to Tennessee Tech Property;

(f) User intends to erect any structure, platform, edifice, or similar construct; or (g) User intends to use sound amplification.

(3) Use of Tennessee Tech equipment in connection with the use of Tennessee Tech Property is subject to the prior approval of the Tennessee Tech Official in charge of approving the Application for Use.

(4) All signs, displays, structures, etc. must be stable and safe for their intended use.

(5) Affiliated Users may obtain permission for the repeated use of a particular Tennessee Tech Property without requiring repeated application and approval for each occurrence of the activity or event if the meetings are limited to Affiliated Users.

July, 2019 7

History

• Authority: TN Pub. Acts 2017, Ch. 336, § 10.
• Administrative History: Original rules filed April 17, 2019; effective July 16, 2019.

Tenn. Comp. R. & Regs. 0240-09-06-.07 REQUIREMENTS RELATED TO FREE SPEECH ACTIVITIES OF NON-AFFILIATED

USERS.

(1) Non-affiliated Users’ use of Tennessee Tech Property for any purpose other than Free Speech Activities is governed by Tennessee Tech’s rule and policies related to rental of Tennessee Tech Property.

(2) Non-affiliated Users must submit an Application for Use for Free Speech Activities and receive approval from the Dean of Students and the Vice President for Student Affairs prior to any Free Speech Activities.

(3) Non-affiliated Users may not use Tennessee Tech equipment during the Free Speech Activities.

(4) Provided the specific Tennessee Tech Property is available for use by Non-affiliated Users for Free Speech Activities, a Non-affiliated User may reserve Tennessee Tech Property for Free Speech Activities two (2) times per month, for a period not to exceed sixteen (16) hours monthly. Tennessee Tech may, in its sole discretion, waive this limit.

(5) Children under the age of eighteen (18) are not permitted to participate in the Free Speech Activities unless accompanied and supervised by an adult.

(6) A Non-affiliated User shall not:

(a) Build or erect any structure, platform, edifice or similar construct;

(b) Place any signs, banners, posters, or other displays on or against, attach them to, or write on any structure or natural feature of Tennessee Tech Property, including but not limited to doors, buildings, windows, walls, the surface of walkways or roads, fountains, utility poles, lampposts, waste receptacles, trees, street signs, benches, bus stops, Tennessee Tech-owned signage, emergency phones, railings, newsstands, and utility boxes; or (c) Use any chalk, paint, or permanent markings on Tennessee Tech Property, including natural features.

(7) Tennessee Tech is not responsible for Non-affiliated User’s or invitees’ and guests’ loss, damage, or harm to persons, equipment, or property.

History

• Authority: TN Pub. Acts 2017, Ch. 336, § 10.
• Administrative History: Original rules filed April 17, 2019; effective July 16, 2019.

Tenn. Comp. R. & Regs. 0240-09-06-.08 DENIAL OR LIMITATION OF APPLICATION FOR USE OF FACILITIES

(1) Any denial or limitation of a request to use Tennessee Tech Property shall be consistent with the requirements of state law related to free speech on campuses.

(2) Tennessee Tech’s reasons for denying a request may include but are not limited to the following:

(a) The requested Tennessee Tech Property has been previously reserved by another User with equal or higher priority;

July, 2019 8 (b) The applicant’s frequency of previous use exceeds a contemporaneous applicant’s use of the same Tennessee Tech Property or exceeds limits on use by Non-affiliated Users;

(c) Use of the requested Tennessee Tech Property would be impractical due to scheduled usage prior to or following the requested use;

(d) The applicant or sponsor of the activity or event has knowingly provided inaccurate or false information on the Application for Use;

(e) The User or User’s invitees and guests violated federal or state law(s), rule(s),

regulation(s), or Tennessee Tech policy or policies during a previous use;

(f) The requested Tennessee Tech Property has not been designated as available for use;

(g) The requested Tennessee Tech Property is not available for use during the requested time;

(h) The anticipated size or attendance for the activity or event will exceed building/fire codes, established safety standards, and/or the physical or other limitations of the requested Tennessee Tech Property;

(i) The anticipated nature or duration of the activity or event cannot reasonably be accommodated in the requested Tennessee Tech Property;

(j) The anticipated size and/or location of the activity or event would cause substantial disruption or interference with Normal Educational or Administrative Activities, the educational use of other Property or services, or the flow of vehicular or pedestrian traffic;

(k) The activity or event conflicts with existing Tennessee Tech contractual obligations;

(l) The activity or event would constitute an immediate and actual danger to Tennessee Tech Students and/or employees, or to the peace and security of Tennessee Tech that available law enforcement officials could not control with reasonable effort;

(m) The activity or event would be contrary to federal or state laws, rules, regulations or Tennessee Tech policies;

(n) Tennessee Tech does not have sufficient institutional resources available for the activity or event, as determined by the appropriate Tennessee Tech Official(s); or (o) Other extenuating circumstances exist that, in the sole discretion of Tennessee Tech, prevent or limit the use of Tennessee Tech Property.

History

• Authority: TN Pub. Acts 2017, Ch. 336, § 10.
• Administrative History: Original rules filed April 17, 2019; effective July 16, 2019.

Tenn. Comp. R. & Regs. 0240-09-06-.09 INDEMNIFICATION AND INSURANCE REQUIREMENTS

(1) Users of Tennessee Tech Property shall indemnify Tennessee Tech and hold it harmless from any and all liabilities arising out of the use of Tennessee Tech Property, including but not limited to personal injury, property damage, court costs, attorney’s fees, and any other July, 2019 9 damage, whether caused by User, invitees, guests, or by User’s employees, agents, or contractors.

(2) Users must provide, upon request, proof of insurance, with types and coverage appropriate for the intended use, as determined by the Tennessee Tech Official in charge of approving the Application for Use in consultation with the Office for Planning and Finance.

(3) Tennessee Tech may, in its sole discretion, require User to include the State of Tennessee, the Tennessee Tech Board of Trustees and/or Tennessee Tech as additionally insured entities on User’s insurance policy.

History

• Authority: TN Pub. Acts 2017, Ch. 336, § 10.
• Administrative History: Original rules filed April 17, 2019; effective July 16, 2019.

Tenn. Comp. R. & Regs. 0240-09-06-.10 DISTRIBUTION OF LEAFLETS, LITERATURE, PAMPHLETS, ETC

(1) Except as provided by state law related to free speech on campuses, Tennessee Tech may limit locations where the sale or distribution of literature associated with an activity or event will be allowed.

(2) Except as provided by state law related to free speech on campuses, a User must request to distribute or sell literature and/or advertisements prior to undertaking such activity or event.

(3) Non-affiliated Users are not allowed to sell or to distribute literature within any Tennessee Tech building unless the distribution or sale is pursuant to a contract for rental pursuant to Tennessee Tech rule and policies.

(4) No User is allowed to place literature and/or advertisements on vehicles parked on Tennessee Tech Property.

(5) Any literature that is distributed or sold and any advertisement must comply with all applicable federal and state laws, rules, regulations, and Tennessee Tech policies.

(6) No obscene literature or material, as defined by law, shall be distributed on any Tennessee Tech Property.

(7) Users permitted to distribute printed materials pursuant to this rule or Tennessee Tech policy shall refrain from littering and may be held responsible for costs incurred as a result of littering.

History

• Authority: TN Pub. Acts 2017, Ch. 336, § 10.
• Administrative History: Original rules filed April 17, 2019; effective July 16, 2019.

Tenn. Comp. R. & Regs. 0240-09-06-.11 COMMERCIAL USE OF TENNESSEE TECH PROPERTY

(1) Tennessee Tech Property may not be used by any User to conduct profit-making activities except when engaged in a contractual business relationship with Tennessee Tech or as allowed by a User’s contract for rental pursuant to Tennessee Tech rule and policies.

History

• Authority: TN Pub. Acts 2017, Ch. 336, § 10.
• Administrative History: Original rules filed April 17, 2019; effective July 16, 2019. July, 2019 10

Tenn. Comp. R. & Regs. 0240-09-06-.12 SOLICITATION OF FUNDS

(1) Users who engage in gift solicitation, proposals for gift solicitation, or fundraising events conducted for the benefit of Tennessee Tech, any Tennessee Tech foundation, or part of Tennessee Tech must receive the prior approval of the Vice President for University Advancement or designee.

(2) Solicitation does not include Affiliated Users’ activities or events for the purpose of raising funds to meet expenses of an affiliated entity or entities or for a charitable cause. The funds raised by such activities or events must be used for the benefit of the affiliated entity or for charity. No funds shall be distributed to the officers, members, or any individual for personal profit or use.

History

• Authority: TN Pub. Acts 2017, Ch. 336, § 10.
• Administrative History: Original rules filed April 17, 2019; effective July 16, 2019.

Tenn. Comp. R. & Regs. 0240-09-06-.13 BULLETIN BOARDS AND APPROVED AREAS FOR POSTING

(1) A Tennessee Tech Official authorized to approve use of a bulletin board or area for posting may specify or limit the authorized uses and/or entities for such boards/areas as well as the types of material that may be posted, the maximum size and duration of any notice, and any other conditions.

(2) The use of a bulletin board or an area for posting may be subject to the prior approval of the Tennessee Tech Official authorized to approve use of the board or area. Use of a board or an area may be denied on the basis of one or more of the following:

(a) The person or group is not authorized to use the board or area in question;

(b) The material is not the type authorized for the board or area in question or fails to meet any required conditions;

(c) The material is obscene or otherwise violates a federal or state law, rule, regulation, or Tennessee Tech policy; or (d) There is insufficient space available for the material on the board or in the area due to the previous posting of other material.

(3) Areas not specifically identified and/or authorized for posting are not available for such

purpose for any individual or entity, whether Affiliated or Non-affiliated.

History

• Authority: TN Pub. Acts 2017, Ch. 336, § 10.
• Administrative History: Original rules filed April 17, 2019; effective July 16, 2019.

Tenn. Comp. R. & Regs. 0240-09-06-.14 COMPLIANCE WITH CONTRACTUAL OBLIGATIONS

(1) Users must comply with applicable Tennessee Tech contractual obligations, including but not limited to use of Tennessee Tech’s contracted dining service vendor, beverage pouring rights exclusivity, etc.

History

• Authority: TN Pub. Acts 2017, Ch. 336, § 10.
• Administrative History: Original rules filed April 17, 2019; effective July 16, 2019. July, 2019 11

Tenn. Comp. R. & Regs. 0240-09-06-.15 EXCEPTIONS

(1) The President or his/her designee may grant exceptions when, in the President’s or designee’s sole discretion, the requested exception is in furtherance of Tennessee Tech’s educational and research purpose and mission.

History

• Authority: TN Pub. Acts 2017, Ch. 336, § 10.
• Administrative History: Original rules filed April 17, 2019; effective July 16, 2019.

Chapter 0240-09-07 Rental of Tennessee Tech Property

Tenn. Comp. R. & Regs. 0240-09-07-.01 PURPOSE AND IMPLEMENTATION

(1) The purpose of this rule is to provide a uniform basis upon which Tennessee Tech can regulate and facilitate the rental of its Property.

(2) This rule is intended to operate consistently with Tennessee Tech’s educational and research

purpose and mission through the implementation of reasonable and viewpoint-neutral restrictions related to rented Property.

(3) This rule shall be implemented and construed so as to preserve the primacy of Tennessee Tech’s educational and research purpose and mission, to protect the safety of persons and security of Property, and to prevent the use of Tennessee Tech’s Property contrary to federal or state laws, rules, regulations, or Tennessee Tech policies.

History

• Authority: T.C.A. § 49-8-203(a)(4).
• Administrative History: Original rules filed April 24, 2019; effective July 23, 2019.

Tenn. Comp. R. & Regs. 0240-09-07-.02 SCOPE

(1) This rule does not apply to use of Tennessee Tech Property by affiliated users for Official Tennessee Tech Purposes or for free speech activities. Such use is subject to Tennessee Technological University Rules, Chapter 0240-09-06.

History

• Authority: T.C.A. § 49-8-203(a)(4).
• Administrative History: Original rules filed April 24, 2019; effective July 23, 2019.

Tenn. Comp. R. & Regs. 0240-09-07-.03 DEFINITIONS

(1) Official Tennessee Tech Purpose: Use of Tennessee Tech Property by student groups/organizations, administrative offices, and/or departments for events, programs, activities, etc. that primarily support Tennessee Tech’s purpose and mission and/or are planned primarily for members of the Tennessee Tech community.

(2) Renter: A person or entity who has received the appropriate approvals and has received a fully executed agreement for the rental of Tennessee Tech Property.

(3) Tennessee Tech Property or Property: All facilities and property owned, leased, or controlled by Tennessee Tech.

History

• Authority: T.C.A. § 49-8-203(a)(4).
• Administrative History: Original rules filed April 24, 2019; effective July 23, 2019. July, 2019 2

Tenn. Comp. R. & Regs. 0240-09-07-.04 GENERAL POLICY

(1) Tennessee Tech dedicates its Property primarily for use by its students and employees for purposes that promote its educational and research purpose and mission.

(2) Consistent with its purpose and mission, priority of use, and pursuant to this rule, Tennessee Tech may make certain portions of its Property available for rent to students, employees, or the public for purposes other than for Official Tennessee Tech Purposes.

(3) Tennessee Tech may establish and modify, in its sole discretion, rental fees and charges for use of Property and will publish those rates to the public.

(4) Tennessee Tech may, in its sole discretion, deny or limit the use of any Property if:

(a) The requested Property has not been designated as available for rental;

(b) The requested Property has been previously reserved by another user or Renter with equal or higher priority;

(c) The requested Property is not available for rental during the time requested;

(d) The rental would be impractical due to scheduled usage prior to or following the requested rental;

(e) The applicant has knowingly provided inaccurate or false information in the rental application;

(f) The applicant or the applicant’s invitees or guests violated federal or state law(s),

rule(s), regulation(s), or Tennessee Tech policy or policies during a previous use;

(g) The use would constitute an immediate and actual danger to Tennessee Tech students and/or employees, or to the peace or security of Tennessee Tech that available law enforcement officials could not control with reasonable effort;

(h) The anticipated size or attendance of the activity or event exceeds building/fire codes, established safety standards, and/or the physical or other limitations of the Property;

(i) The anticipated nature or duration of the activity or event cannot be reasonably accommodated in the requested Property;

(j) The anticipated size and/or location of the activity or event would cause disruption or interference with normal Tennessee Tech activities, the educational use of other Property or services, or the flow of vehicular or pedestrian traffic;

(k) The rental conflicts with existing Tennessee Tech contractual obligations;

(l) Tennessee Tech does not have sufficient institutional resources available for the proposed use as determined by the appropriate Tennessee Tech official(s);

(m) The rental would be contrary to federal or state law(s), rule(s), regulation(s), or Tennessee Tech policy or policies; or (n) Other extenuating circumstances exist that, in the sole determination of Tennessee Tech, prevent or limit rental of the Property.

July, 2019 3 (5) Renter must abide by all terms and conditions stated in the rental agreement, in addition to any requirements in federal or state laws, rules, regulations, or in Tennessee Tech policies.

History

• Authority: T.C.A. § 49-8-203(a)(4).
• Administrative History: Original rules filed April 24, 2019; effective July 23, 2019.

Tenn. Comp. R. & Regs. 0240-09-07-.05 PRIORITY OF USE AND FREQUENCY OF RENTAL

(1) Tennessee Tech will establish priority of use of Property that is consistent with its educational and research purpose and mission.

(2) Tennessee Tech may set reasonable limitations on the frequency of rental, intermittent rental, or repeated rental of Tennessee Tech Property.

History

• Authority: T.C.A. § 49-8-203(a)(4).
• Administrative History: Original rules filed April 24, 2019; effective July 23, 2019.

Tenn. Comp. R. & Regs. 0240-09-07-.06 RENTAL REQUIREMENTS

(1) Renter and Renter’s use of Property shall comply with federal and state laws, rules, regulations, and Tennessee Tech policies, including, but not limited to, applicable fire and safety codes and Tennessee Tech policies related to the safety of minors on campus.

(2) Use of Tennessee Tech Property is limited to the declared purpose in the rental agreement.

(3) Renters must comply with applicable Tennessee Tech contractual obligations, including but not limited to use of Tennessee Tech’s contracted dining service vendor, beverage pouring rights exclusivity, etc.

(4) Renter is solely responsible for ensuring that invitees and guests comply with federal and state laws, rules, regulations, and Tennessee Tech policies.

(5) Tennessee Tech may assign and charge for additional services that Tennessee Tech determines, in its sole discretion, are necessary for any event considering the event’s nature, size, location, or anticipated attendance.

(6) To the extent allowed by federal or state law, Renter must agree to indemnify Tennessee Tech and hold it harmless from any and all liabilities arising out of Renter’s use of Property, including, but not limited to, personal injury, property damage, court costs, attorney’s fees, and any other damage, whether caused by Renter, invitees, guests, or by Renter’s employees, agents, or contractors.

(7) Renter must provide, upon request, proof of insurance of the types and coverages determined by Tennessee Tech to be appropriate for the intended use. Tennessee Tech may, in its sole discretion, require Renter to include the State of Tennessee, the Tennessee Tech Board of Trustees, and/or Tennessee Tech as additionally insured entities on Renter’s insurance policy.

(8) If requested, all persons on Property in conjunction with Renter’s use shall provide adequate identification to appropriate officials and security personnel of Tennessee Tech. Persons who refuse to provide such identification may be subject to immediate removal from Tennessee Tech Property and/or arrest, as appropriate.

(9) Renters and their invitees and guests are restricted to the area(s) approved for their use.

July, 2019 4 (10) Renter may not have overnight access to or use of Property unless specifically requested and approved by Tennessee Tech in the rental agreement or other written agreement.

(11) Renter may not use Property to conduct profit-making activities unless specifically agreed upon in the rental agreement or in a separate agreement specifically addressing the profitmaking activities.

(12) Renter must return Property in the same condition it was in when made available to the Renter. Renter will be responsible for all expenses incurred by Tennessee Tech to remedy the condition of damaged Tennessee Tech Property.

History

• Authority: T.C.A. § 49-8-203(a)(4).
• Administrative History: Original rules filed April 24, 2019; effective July 23, 2019.

Tenn. Comp. R. & Regs. 0240-09-07-.07 APPLICATION AND AGREEMENT PROCESS

(1) Tennessee Tech will establish and publish an application process, which will result in an estimate of fees and charges for the rental of the requested Property.

(2) Any such estimated amount is subject to change if the actual conditions related to the activity or event differ from those presented in the application. Renter will be responsible for all such charges.

(3) Rental of Tennessee Tech Property is not approved until Renter and Tennessee Tech have fully executed a rental agreement.

History

• Authority: T.C.A. § 49-8-203(a)(4).
• Administrative History: Original rules filed April 24, 2019; effective July 23, 2019.

Tenn. Comp. R. & Regs. 0240-09-07-.08 PAYMENT BY RENTER

(1) All rentals are subject to applicable rental fees and charges for required services, including, but not limited to, maintenance, custodial, utilities, set-up, audio-visual, and security.

(2) If rental includes the use of Tennessee Tech equipment, Tennessee Tech may limit the operation of that equipment to Tennessee Tech employees and may assess an additional charge for the use of such equipment and for the associated labor.

(3) Renter must make payment as described in the rental agreement.

History

• Authority: T.C.A. § 49-8-203(a)(4).
• Administrative History: Original rules filed April 24, 2019; effective July 23, 2019.

Tenn. Comp. R. & Regs. 0240-09-07-.09 PENALTIES

(1) Tennessee Tech may immediately terminate Renter’s permission to use Tennessee Tech Property and may deny future requests for rental if Renter or Renter’s invitees or guests violate any provision of the rental agreement or any federal or state law, rule, regulation, or Tennessee Tech policy.

History

• Authority: T.C.A. § 49-8-203(a)(4).
• Administrative History: Original rules filed April 24, 2019; effective July 23, 2019. July, 2019 5

Tenn. Comp. R. & Regs. 0240-09-07-.10 EXCEPTIONS

(1) The President or the President’s designee may grant exceptions to this rule when, in his/her sole discretion, the requested exception is in furtherance of Tennessee Tech’s educational and research purpose and mission.

History

• Authority: T.C.A. § 49-8-203(a)(4).
• Administrative History: Original rules filed April 24, 2019; effective July 23, 2019.

Chapter 0240-09-08 Title IX Compliance

Tenn. Comp. R. & Regs. 0240-09-08-.01 DEFINITIONS

(1) Actual knowledge: notice of sexual harassment or allegations of sexual harassment to a Tennessee Tech’s Title IX Coordinator or any Tennessee Tech official who has authority to institute corrective measures on behalf of Tennessee Tech. This definition is not met when the only Tennessee Tech official with actual knowledge is also the respondent.

(2) Complainant: an individual who is alleged to be the victim of conduct that could constitute sexual harassment. Complainant does not mean the Title IX Coordinator when the Title IX Coordinator signs a formal complaint or is not otherwise an alleged victim of sexual harassment. References in this rule to the singular “complainant” include the plural, as applicable.

(3) Deliberately indifferent: a response that is clearly unreasonable in light of the known circumstances.

(4) Education program or activity: locations, events, or circumstances over which Tennessee Tech exercised substantial control over both the respondent and the context in which the sexual harassment occurs, and also includes any building owned or controlled by a student organization that is officially recognized by Tennessee Tech.

(5) Formal complaint: a document filed by a complainant or signed by the Title IX Coordinator alleging sexual harassment against a respondent and requesting Tennessee Tech investigate the allegation of sexual harassment. As used in this definition, the phrase “document filed by a complainant” means a document or electronic submission that contains the complainant’s physical or digital signature, or otherwise indicates that the complainant is the person filing the formal complaint.

(6) Hearing officer: the person who is the decision-maker with respect to the determination of responsibility after a live hearing. Hearing officer may also mean a committee that is the decision-maker with respect to the determination of responsibility after a live hearing. A hearing officer cannot be the same person(s) as the Title IX Coordinator or the investigator(s).

(7) Party: either complainant or respondent. References in this rule to the plural “parties” include complainant and respondent.

(8) Respondent: an individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment. References in this rule to the singular “respondent” include the plural, as applicable.

(9) Sexual harassment: conduct on the basis of sex that satisfies one (1) or more of the following:

(a) A Tennessee Tech employee conditioning the provision of an aid, benefit, or service of Tennessee Tech on an individual’s participation in unwelcome sexual conduct;

(b) Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to Tennessee Tech’s education program or activity; or (c) Sexual assault as defined by federal law, “dating violence” as defined by federal law, “domestic violence” as defined by federal or state law, or “stalking” as defined by federal law.

(10) Supportive measures: non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or the respondent before or after the filing of a formal complaint or where no formal complaint has been filed. Such measures are designed to restore or preserve equal access to Tennessee Tech’s education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or Tennessee Tech’s educational environment, or deter sexual harassment. Supportive measures may include but are not limited to counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures.

(11) Title IX Coordinator: the person designated and authorized by Tennessee Tech to coordinate its efforts to comply with its Title IX responsibilities.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A), 49-8-203(a)(1)(D), and 49-8-203(a)(4).
• Administrative History: Emergency rules filed August 14, 2020; effective through February 10, 2021. Emergency rules expired effective February 11, 2021, and the rules reverted to their previous statuses. New rules filed November 13, 2020; to have become effective February 11, 2021. However, a 75-day stay of the effective date of the rules was filed January 15, 2021; new effective date to have been April 27, 2021. Withdrawal of the stay filed March 4, 2021; new effective date March 31, 2021.

Tenn. Comp. R. & Regs. 0240-09-08-.02 STATEMENT OF NONDISCRIMINATION ON THE BASIS OF SEX

(1) As required by law, no student, employee, or applicant for admission or employment will be excluded, on the basis of sex, from participation in, be denied the benefit of, or be subjected to discrimination under any Tennessee Tech education program or activity.

(2) If Tennessee Tech has actual knowledge of sexual harassment in an education program or activity against a person, Tennessee Tech will respond promptly in a manner that is not deliberately indifferent.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A), 49-8-203(a)(1)(D), and 49-8-203(a)(4).
• Administrative History: Emergency rules filed August 14, 2020; effective through February 10, 2021. Emergency rules expired effective February 11, 2021, and the rules reverted to their previous statuses. New rules filed November 13, 2020; to have become effective February 11, 2021. However, a 75-day stay of the effective date of the rules was filed January 15, 2021; new effective date to have been April 27, 2021. Withdrawal of the stay filed March 4, 2021; new effective date March 31, 2021.

Tenn. Comp. R. & Regs. 0240-09-08-.03 NOTIFICATION AND PUBLICATION REQUIREMENTS

(1) Tennessee Tech will notify applicants for admission and employment, students, and employees, that it does not discriminate on the basis of sex in its education programs or activities and will provide the name, title, office address, electronic mail address, and telephone number of the Title IX Coordinator in that notification.

(2) Tennessee Tech will notify applicants for admission and employment, students, and employees that inquiries about the application of Title IX may be referred to the Title IX Coordinator, to the Department of Education, or both.

(3) Tennessee Tech will provide applicants for admission and employment, students, and employees notice of its grievance process, including how to report or file a complaint of sex discrimination, how to report or file a formal complaint of sexual harassment, and how Tennessee Tech will respond.

(4) Tennessee Tech will prominently display the contact information for the Title IX Coordinator, its Title IX policies and procedures, and training materials as required by Title IX on its website and in each handbook or catalog that it makes available to applicants for admission and employment, students, and employees.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A), 49-8-203(a)(1)(D), and 49-8-203(a)(4).
• Administrative History: Emergency rules filed August 14, 2020; effective through February 10, 2021. Emergency rules expired effective February 11, 2021, and the rules reverted to their previous statuses. New rules filed November 13, 2020; to have become effective February 11, 2021. However, a 75-day stay of the effective date of the rules was filed January 15, 2021; new effective date to have been April 27, 2021. Withdrawal of the stay filed March 4, 2021; new effective date March 31, 2021.

Tenn. Comp. R. & Regs. 0240-09-08-.04 GENERAL PROVISIONS RELATED TO REPORTING TITLE IX COMPLAINTS

(1) Any person may report sex discrimination, including sexual harassment (whether or not the person reporting is the person alleged to be the victim of conduct that could constitute sex discrimination or sexual harassment), in person, by mail, by telephone, or by electronic mail, using the contact information listed for the Title IX Coordinator, or by any other means that results in the Title IX Coordinator receiving the person’s verbal or written report.

(2) Such a report may be made at any time (including during non-business hours) by using the tel ephone number or electronic mail address, or by mail to the office address listed for the Title IX Coordinator.

(3) A complainant may file a formal complaint with the Title IX Coordinator in person, by mail, or by electronic mail, using the contact information listed for the Title IX Coordinator or by any additional method Tennessee Tech designates. At the time of filing a formal complaint, a complainant must be participating in or attempting to participate in a Tennessee Tech education program or activity.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A), 49-8-203(a)(1)(D), and 49-8-203(a)(4).
• Administrative History: Emergency rules filed August 14, 2020; effective through February 10, 2021. Emergency rules expired effective February 11, 2021, and the rules reverted to their previous statuses. New rules filed November 13, 2020; to have become effective February 11, 2021. However, a 75-day stay of the effective date of the rules was filed January 15, 2021; new effective date to have been April 27, 2021. Withdrawal of the stay filed March 4, 2021; new effective date March 31, 2021.

Tenn. Comp. R. & Regs. 0240-09-08-.05 TENNESSEE TECH’S RESPONSE TO COMPLAINTS OF SEX DISCRIMINATION

(1) When a person reports sex discrimination committed against a person while in the United States, Tennessee Tech will follow its rules, procedures and processes used for Title VII sex discrimination allegations, which provide for the prompt and equitable resolution of complaints alleging sex discrimination.

(2) Where a person alleges both sex discrimination and sexual harassment committed against a person while in the United States, Tennessee Tech will follow its rules, procedures and processes for responding to a formal complaint of sexual harassment. If the formal complaint is dismissed at any point in the process, Tennessee Tech will follow its rules, procedures and processes used for Title VII sex discrimination allegations.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A), 49-8-203(a)(1)(D), and 49-8-203(a)(4).
• Administrative History: Emergency rules filed August 14, 2020; effective through February 10, 2021. Emergency rules expired effective February 11, 2021, and the rules reverted to their previous statuses. New rules filed November 13, 2020; to have become effective February 11, 2021. However, a 75-day stay of the effective date of the rules was filed January 15, 2021; new effective date to have been April 27, 2021. Withdrawal of the stay filed March 4, 2021; new effective date March 31, 2021.

Tenn. Comp. R. & Regs. 0240-09-08-.06 TENNESSEE TECH’S RESPONSE TO COMPLAINTS OF SEXUAL HARASSMENT

(1) If Tennessee Tech has actual knowledge of sexual harassment in an education program or activity committed against a person while in the United States, Tennessee Tech will respond promptly in a manner that is not deliberately indifferent and follow its grievance process.

(2) Tennessee Tech will treat complainants and respondents equitably by offering supportive measures to a complainant, and in cases where a formal complaint is filed, will follow its grievance process before the imposition of any disciplinary sanctions or other actions that are not supportive measures against a respondent.

(3) The Title IX Coordinator will promptly contact the complainant to discuss the availability of supportive measures, consider the complainant’s wishes with respect to supportive measures, inform the complainant of the availability of supportive measures with or without the filing of a formal complaint, and explain to the complainant the process for filing a formal complaint.

(4) The Title IX Coordinator is responsible for coordinating the effective implementation of supportive measures.

(5) Tennessee Tech may remove a respondent from an education program or activity on an emergency basis only after undertaking an individualized safety and risk analysis, determining that an immediate threat to the physical health or safety of any student or other individual arising from the allegations of sexual harassment justifies removal, and providing the respondent with notice and an opportunity to challenge the decision immediately following the removal.

(6) Tennessee Tech may place a non-student employee respondent on administrative leave during the pendency of a grievance process.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A), 49-8-203(a)(1)(D), and 49-8-203(a)(4).
• Administrative History: Emergency rules filed August 14, 2020; effective through February 10, 2021. Emergency rules expired effective February 11, 2021, and the rules reverted to their previous statuses. New rules filed November 13, 2020; to have become effective February 11, 2021. However, a 75-day stay of the effective date of the rules was filed January 15, 2021; new effective date to have been April 27, 2021. Withdrawal of the stay filed March 4, 2021; new effective date March 31, 2021.

Tenn. Comp. R. & Regs. 0240-09-08-.07 CONFIDENTIALITY

(1) Tennessee Tech will keep confidential the identity of any individual who has made a report or complaint of sex discrimination, including any individual who has made a report or filed a formal complaint, any complainant, any individual who has been reported to be the perpetrator of sex discrimination, any respondent, and any witness, except as may be permitted or required by federal or state law, or to carry out the purposes of this rule and attendant policies, including the conduct of any investigation, hearing, or judicial proceeding arising thereunder.

(2) Tennessee Tech will maintain as confidential any supportive measures provided to the complainant or respondent, to the extent that maintaining such confidentiality does not impair Tennessee Tech’s ability to provide the supportive measures.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A), 49-8-203(a)(1)(D), and 49-8-203(a)(4).
• Administrative History: Emergency rules filed August 14, 2020; effective through February 10, 2021. Emergency rules expired effective February 11, 2021, and the rules reverted to their previous statuses. New rules filed November 13, 2020; to have become effective February 11, 2021. However, a 75-day stay of the effective date of the rules was filed January 15, 2021; new effective date to have been April 27, 2021. Withdrawal of the stay filed March 4, 2021; new effective date March 31, 2021.

Tenn. Comp. R. & Regs. 0240-09-08-.08 WRITTEN NOTICE TO THE PARTIES UPON TENNESSEE TECH’S RECEIPT OF A

FORMAL COMPLAINT.

(1) When a formal complaint is filed, Tennessee Tech will provide parties with a written notice of its grievance process, including any informal resolution process(es).

(2) Tennessee Tech will provide written notice of the allegations potentially constituting sexual harassment, including sufficient details known at the time and with sufficient time to prepare a response before any initial interview. Sufficient details include the identities of the parties involved in the incident, if known, the conduct allegedly constituting sexual harassment, and the date and location of the alleged incident, if known.

(3) Tennessee Tech’s written notice will include a statement that:

(a) The respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the grievance process;

(b) The parties may have an advisor of their choice, who may be, but is not required to be, an attorney;

(c) The parties may inspect and review evidence; and (d) Identifies any provision in its codes of conduct that prohibits knowingly making false statements or knowingly submitting false information during the grievance process.

(4) If, in the course of an investigation, Tennessee Tech decides to investigate allegations about the complainant or respondent that are not included in the initial written notice, Tennessee Tech will provide notice of the additional allegations to the parties whose identities are known.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A), 49-8-203(a)(1)(D), and 49-8-203(a)(4).
• Administrative History: Emergency rules filed August 14, 2020; effective through February 10, 2021. Emergency rules expired effective February 11, 2021, and the rules reverted to their previous statuses. New rules filed November 13, 2020; to have become effective February 11, 2021. However, a 75-day stay of the effective date of the rules was filed January 15, 2021; new effective date to have been April 27, 2021. Withdrawal of the stay filed March 4, 2021; new effective date March 31, 2021.

Tenn. Comp. R. & Regs. 0240-09-08-.09 INVESTIGATIONS OF FORMAL COMPLAINTS

(1) Tennessee Tech will investigate, to the extent necessary or possible, the allegations in a formal complaint.

(2) If the conduct alleged in a formal complaint would not constitute sexual harassment even if proved, did not occur in Tennessee Tech’s education program or activity, or did not occur against a person while in the United States, Tennessee Tech will dismiss the formal complaint with regard to that conduct for purposes of sexual harassment under Title IX; such a dismissal does not, however, preclude action under another provision of Tennessee Tech’s codes of conduct or other policies.

(3) Tennessee Tech may dismiss a formal complaint or any allegations therein, if at any time during the investigation a complainant notifies the Title IX Coordinator in writing that the complainant would like to withdraw the formal complaint or any allegations therein, the respondent is no longer enrolled or employed by Tennessee Tech; or specific circumstances prevent Tennessee Tech from gathering evidence sufficient to reach a determination as to the formal complaint or allegations therein.

(4) If Tennessee Tech dismisses a formal complaint during the investigation phase, Tennessee Tech will promptly send written notice of the dismissal and reason(s) therefor simultaneously to the parties.

(5) Tennessee Tech may consolidate formal complaints as to allegations of sexual harassment against more than one (1) respondent, or by more than one (1) complainant against one (1) or more respondents, or by one (1) party against the other party, where the allegations of sexual harassment arise out of the same facts or circumstances.

(6) The burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility rest on Tennessee Tech and not on the parties.

(7) Tennessee Tech will not access, consider, disclose, or otherwise use a party’s records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the professional’s or paraprofessional’s capacity, or assisting in that capacity, and are made and maintained in connection with the provision of treatment to the party, unless Tennessee Tech obtains that party’s voluntary, written consent to do so for a grievance process.

(8) Tennessee Tech will provide an equal opportunity for the parties to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence.

(9) Tennessee Tech will not restrict the ability of either party to discuss the allegations under investigation or to gather and present relevant evidence.

(10) Tennessee Tech will provide the parties with the same opportunities to have others present during any interview or investigative process, including the opportunity to be accompanied to any related investigation meeting by the advisor of their choice, who may be, but is not required to be, an attorney.

(11) Tennessee Tech will not limit the choice or presence of an advisor for either the complainant or respondent in any investigative meeting; however, Tennessee Tech may establish restrictions regarding the extent to which the advisor may participate in the proceedings, as long as the restrictions apply equally to both parties.

(12) Tennessee Tech will provide to a party whose participation is invited or expected, written notice of the date, time, location, participants, and purpose of all investigative interviews, or other meetings with a party, with sufficient time for the party to prepare to participate.

(13) Tennessee Tech will provide both parties an equal opportunity to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in a formal complaint, including the evidence upon which Tennessee Tech does not intend to rely in reaching a determination regarding responsibility and inculpatory or exculpatory evidence whether obtained from a party or other source, so that each party can meaningfully respond to the evidence prior to conclusion of the investigation.

(14) Prior to completion of the investigative report, Tennessee Tech will send to each party and the party’s advisor, if any, the evidence subject to inspection and review in an electronic format or a hard copy.

(15) Tennessee Tech will allow the parties ten (10) business days to submit a written response, which the investigator will consider prior to completion of the investigative report.

(16) Tennessee Tech will create an investigative report that fairly summarizes relevant evidence.

(17) At least ten (10) business days prior to a hearing or other time of determination regarding responsibility, Tennessee Tech will send the investigative report in electronic format or a hard copy to each party and the party’s advisor, if any, for their review and written response to the investigative report.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A), 49-8-203(a)(1)(D), and 49-8-203(a)(4).
• Administrative History: Emergency rules filed August 14, 2020; effective through February 10, 2021. Emergency rules expired effective February 11, 2021, and the rules reverted to their previous statuses. New rules filed November 13, 2020; to have become effective February 11, 2021. However, a 75-day stay of the effective date of the rules was filed January 15, 2021; new effective date to have been April 27, 2021. Withdrawal of the stay filed March 4, 2021; new effective date March 31, 2021.

Tenn. Comp. R. & Regs. 0240-09-08-.10 GRIEVANCE PROCESS FOR FORMAL COMPLAINTS—GENERAL PROVISIONS

(1) Tennessee Tech will apply its grievance procedures and requirements equally to both parties.

(2) During the course of the grievance process, Tennessee Tech will treat complainants and respondents equitably by providing remedies to a complainant where a determination of responsibility for sexual harassment has been made against the respondent, and by following its grievance process before the imposition of any disciplinary sanctions or other actions that are not supportive measures against a respondent.

(3) Tennessee Tech will design remedies to restore or preserve equal access to Tennessee Tech’s education program or activity. Such remedies may include supportive measures; however, remedies need not be non-disciplinary or non-punitive and need not avoid burdening the respondent.

(4) Tennessee Tech will ensure that the Title IX Coordinator, investigator, hearing officer, or decision-maker does not have a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent. The intent of this provision is to provide protections analogous to, and no less protective than, the conflict of interest provisions of T.C.A. § 4-5-303.

(5) Tennessee Tech will require an objective evaluation of all relevant evidence – including both inculpatory and exculpatory evidence – and prohibit credibility determinations based on a person’s status as a complainant, respondent, or witness.

(6) Tennessee Tech will presume that the respondent is not responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of the grievance process.

(7) Tennessee Tech will apply a preponderance of the evidence standard for all formal complaints.

(8) Tennessee Tech will require the grievance process, including the appeal process, to conclude within a reasonably prompt time frame.

(9) Tennessee Tech will provide the range of possible disciplinary sanctions and remedies or list the possible disciplinary sanctions and remedies that Tennessee Tech may implement following any determination of responsibility.

(10) Tennessee Tech will describe the range of supportive measures available to complainants and respondents.

(11) Tennessee Tech will provide the parties with the same opportunities to have others present during any grievance proceeding, including the opportunity to be accompanied to any related meeting or proceeding by the advisor of their choice, who may be, but is not required to be, an attorney.

(12) Tennessee Tech will not limit the choice or presence of advisor for either the complainant or respondent in any grievance proceeding; however, Tennessee Tech may establish restrictions regarding the extent to which the advisor may participate in the proceedings, as long as the restrictions apply equally to both parties.

(13) Tennessee Tech will provide to a party whose participation is invited or expected, written notice of the date, time, location, participants, and purpose of all proceedings or hearings, or other meetings with a party, with sufficient time for the party to prepare to participate.

(14) Tennessee Tech will appoint a hearing officer that meets the training requirements set forth in T.C.A. § 4-5-324.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A), 49-8-203(a)(1)(D), and 49-8-203(a)(4).
• Administrative History: Emergency rules filed August 14, 2020; effective through February 10, 2021. Emergency rules expired effective February 11, 2021, and the rules reverted to their previous statuses. New rules filed November 13, 2020; to have become effective February 11, 2021. However, a 75-day stay of the effective date of the rules was filed January 15, 2021; new effective date to have been April 27, 2021. Withdrawal of the stay filed March 4, 2021; new effective date March 31, 2021.

Tenn. Comp. R. & Regs. 0240-09-08-.11 SPECIFIC PROVISIONS RELATED TO CONDUCTING A HEARING OF FORMAL

COMPLAINTS.

(1) Tennessee Tech will conduct a live hearing of formal complaints not dismissed pursuant to this

rule.

(2) At the request of either party, Tennessee Tech will provide for the live hearing to occur with the parties located in separate rooms with technology enabling the hearing officer and parties to simultaneously see and hear the party or the witness answering questions.

(3) Live hearings may be conducted with all parties physically present in the same geographic location or, at Tennessee Tech’s discretion, any or all parties, witnesses, and other participants may appear at the live hearing virtually, with technology enabling participants simultaneously to see and hear each other.

(4) At least seventy-two (72) hours prior to a live hearing, Tennessee Tech will provide both parties with written notice of the following:

(a) The time, place, date of the hearing, and electronic access information, if applicable;

(b) The name of each witness Tennessee Tech expects to present at the hearing and those Tennessee Tech may present if the need arises;

(c) The right to request a copy of the investigative file;

(d) The right to request copies of all documents, copies of all electronically stored information, and access to tangible evidence that Tennessee Tech has in its possession, custody, or control and may use to support claims or defenses.

(5) When notice is sent by United States mail or courier service, the notice is effective on the date that the notice is mailed or delivered to the courier service. When notice is hand delivered to the parties from the institution, notice is effective on the date that the notice is delivered to the parties. When notice is sent by email, the notice is effective on the date that the email is sent to the parties’ institution-provided email account.

(6) The hearing officer may allow a temporary delay of the grievance process or the limited extension of time frames for good cause with written notice to the complainant and the respondent of the delay or extension and the reasons for the action. Good cause may include but is not limited to considerations such as the absence of a party, a party’s advisor, or a witness, concurrent law enforcement activity, or the need for language assistance or accommodation of disabilities.

(7) In cases that involve more than one (1) respondent, the hearing officer may, consistent with the requirements of Title IX, consider whether separate proceedings are necessary to avoid undue prejudice to the respondents.

(8) During the hearing, the hearing officer will make evidence subject to review and inspection during the investigation phase available to give each party equal opportunity to refer to that evidence, including for purposes of cross-examination.

(9) Questions and evidence about the complainant’s sexual predisposition or prior sexual behavior are not relevant, unless such questions and evidence about the complainant’s prior sexual behavior are offered to prove that someone other than the respondent committed the conduct alleged by the complainant, or if the questions and evidence concern specific incidents of the complainant’s prior sexual behavior with respect to the respondent and are offered to prove consent.

(10) Only relevant cross examination and other questions may be asked of a party or witness.

Before a complainant, respondent, or witness answers a cross-examination or other question, the hearing officer will first determine whether the question is relevant and explain any decision to exclude a question as not relevant.

(11) The hearing officer will not require, allow, rely upon, or otherwise use questions or evidence that constitute, or seek disclosure of, information protected under a legally recognized privilege, unless the person holding such privilege has waived the privilege.

(12) Notwithstanding any limitations to the contrary that Tennessee Tech has placed on the advisor’s participation in the hearing, the hearing officer will permit each party’s advisor to ask the other party and any witnesses all relevant questions and follow-up questions, including those challenging credibility. Such cross-examination at the live hearing will be conducted directly, orally, and in real time by the party’s advisor of choice and never by a party personally.

(13) If a party does not have an advisor at the live hearing, Tennessee Tech will provide without fee or charge to that party an advisor of Tennessee Tech’s choice, who may be, but is not required to be, an attorney, to conduct cross-examination on behalf of that party.

(14) If a party or witness does not submit to cross-examination at the live hearing, the hearing officer will not rely on any statement of that party or witness in reaching a determination regarding responsibility; provided, however, that the hearing officer cannot draw an inference about the determination regarding responsibility based solely on a party’s or witness’s absence from the live hearing or refusal to answer cross-examination or other questions.

(15) Tennessee Tech will create an audio or audiovisual recording, or transcript, of any live hearing and make it available to the parties for inspection and review.

(16) The hearing officer may dismiss the formal complaint or any allegations therein, if at any time during the hearing a complainant notifies the Title IX Coordinator in writing that the complainant would like to withdraw the formal complaint or any allegations therein, the respondent is no longer enrolled or employed by Tennessee Tech, or specific circumstances prevent Tennessee Tech from gathering evidence sufficient to reach a determination as to the formal complaint or allegations therein.

(17) If the hearing officer dismisses the formal complaint during the grievance process, the hearing officer will promptly notify the Title IX Coordinator who will promptly send written notice of the dismissal and reason(s) therefor simultaneously to the parties.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A), 49-8-203(a)(1)(D), and 49-8-203(a)(4).
• Administrative History: Emergency rules filed August 14, 2020; effective through February 10, 2021. Emergency rules expired effective February 11, 2021, and the rules reverted to their previous statuses. New rules filed November 13, 2020; to have become effective February 11, 2021. However, a 75-day stay of the effective date of the rules was filed January 15, 2021; new effective date to have been April 27, 2021. Withdrawal of the stay filed March 4, 2021; new effective date March 31, 2021.

Tenn. Comp. R. & Regs. 0240-09-08-.12 DETERMINATION REGARDING RESPONSIBILITY

(1) The hearing officer will issue a written determination simultaneously to the complainant and respondent regarding responsibility, using a preponderance of evidence to reach a determination.

(2) The written determination must include:

(a) Identification of allegations potentially constituting sexual harassment;

(b) A description of the procedural steps taken from the receipt of the formal complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and hearings held;

(c) Findings of fact supporting the determination;

(d) Conclusions regarding the application of Tennessee Tech’s rule, policy, and, if applicable, code of conduct to the facts;

(e) A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any disciplinary sanctions Tennessee Tech imposes on the respondent, and whether remedies designed to restore or preserve equal access to Tennessee Tech’s education program or activity will be provided to the complainant; and (f) Tennessee Tech’s procedures and permissible bases for the complainant and/or respondent to appeal.

(3) Either party may submit a written statement in support of the outcome to the Title IX Coordinator within ten (10) business days of the date of the determination or dismissal.

(4) The Title IX Coordinator will be responsible for effective implementation of any remedies.

(5) The determination regarding responsibility becomes final either on the date that Tennessee Tech provides the parties with the written appeal decision, if an appeal is filed, or if an appeal is not filed, the date on which an appeal would no longer be considered timely.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A), 49-8-203(a)(1)(D), and 49-8-203(a)(4).
• Administrative History: Emergency rules filed August 14, 2020; effective through February 10, 2021. Emergency rules expired effective February 11, 2021, and the rules reverted to their previous statuses. New rules filed November 13, 2020; to have become effective February 11, 2021. However, a 75-day stay of the effective date of the rules was filed January 15, 2021; new effective date to have been April 27, 2021. Withdrawal of the stay filed March 4, 2021; new effective date March 31, 2021.

Tenn. Comp. R. & Regs. 0240-09-08-.13 APPEAL OF DETERMINATION OF RESPONSIBILITY OR DISMISSAL OF FORMAL

COMPLAINT.

(1) Both parties may appeal a determination regarding responsibility or the dismissal of a formal complaint or any allegations therein, only on the following bases:

(a) Procedural irregularity that affected the outcome of the matter;

(b) New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made and that could affect the outcome of the matter; and (c) The Title IX Coordinator, investigator(s), or hearing officer had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the outcome of the matter.

(2) A party wishing to appeal a determination regarding responsibility or the dismissal of a formal complaint or any allegations therein must file a written appeal with the Title IX Coordinator within ten (10) business days of the date of the determination or the dismissal. The written appeal must identify the basis or bases for the appeal and explain with specificity the facts supporting the basis or bases of the appeal.

(3) As to all appeals, the Title IX Coordinator will (a) Notify the other party in writing when an appeal is filed and implement appeal procedures equally for both parties;

(b) Ensure that the decision-maker(s) for the appeal is not the same person as any investigator(s) or the hearing officer that reached the determination regarding responsibility or dismissal, the investigator(s), or the Title IX Coordinator;

(c) Ensure that the decision-maker(s) for the appeal complies with the standards set forth in

Rule 0240-09-08-.10 (4).

(4) Within a reasonable time, the decision-maker(s) will issue a written appeal decision describing the result of the appeal and the rationale for the result.

(5) The Title IX Coordinator will provide the written appeal decision simultaneously to both parties.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A), 49-8-203(a)(1)(D), and 49-8-203(a)(4).
• Administrative History: Emergency rules filed August 14, 2020; effective through February 10, 2021. Emergency rules expired effective February 11, 2021, and the rules reverted to their previous statuses. New rules filed November 13, 2020; to have become effective February 11, 2021. However, a 75-day stay of the effective date of the rules was filed January 15, 2021; new effective date to have been April 27, 2021. Withdrawal of the stay filed March 4, 2021; new effective date March 31, 2021.

Tenn. Comp. R. & Regs. 0240-09-08-.14 INFORMAL RESOLUTION PROCESS

(1) Tennessee Tech will not require as a condition of enrollment or continuing enrollment, or employment or continuing employment, or enjoyment of any other right, waiver of the right to an investigation and adjudication of formal complaints of sexual harassment.

(2) Tennessee Tech will not require the parties to participate in an informal resolution process and may not offer an informal resolution process unless a formal complaint is filed. However, at any time prior to reaching a determination regarding responsibility, Tennessee Tech may facilitate an informal resolution process, such as mediation, that does not involve a full investigation and adjudication, but only if Tennessee Tech (a) Provides to the parties a written notice disclosing the allegations, the requirements of the informal resolution process including the circumstances under which it precludes the parties from resuming a formal complaint arising from the same allegations;

(b) Any consequences resulting from participating in the informal resolution process, including the records that will be maintained or could be shared;

(c) Obtains the parties’ voluntary, written consent to the informal resolution process; and (d) Does not offer or facilitate an informal resolution process to resolve allegations that an employee sexually harassed a student.

(3) At any time prior to agreeing to a resolution, any party has the right to withdraw from the informal resolution process and resume the grievance process with respect to the formal complaint.

(4) Tennessee Tech will ensure that an individual designated to facilitate an informal resolution process does not have a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent. The intent of this provision is to provide protections analogous to, and no less protective than, the conflict of interest provisions of T.C.A. § 4-5-303.

(5) Tennessee Tech will require an informal resolution process to conclude within a reasonably prompt time frame.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A), 49-8-203(a)(1)(D), and 49-8-203(a)(4).
• Administrative History: Emergency rules filed August 14, 2020; effective through February 10, 2021. Emergency rules expired effective February 11, 2021, and the rules reverted to their previous statuses. New rules filed November 13, 2020; to have become effective February 11, 2021. However, a 75-day stay of the effective date of the rules was filed January 15, 2021; new effective date to have been April 27, 2021. Withdrawal of the stay filed March 4, 2021; new effective date March 31, 2021.

Tenn. Comp. R. & Regs. 0240-09-08-.15 RETALIATION

(1) Intimidation, threats, coercion, or discrimination, including charges against an individual for code of conduct violations that do not involve sex discrimination or sexual harassment, but arise out of the same facts or circumstances as a report or complaint of sex discrimination, or a report or formal complaint of sexual harassment, for the purpose of interfering with any right or privilege secured by Title IX or this rule, constitutes retaliation.

(2) The exercise of rights protected under the First Amendment does not constitute retaliation.

(3) Charging an individual with a code of conduct violation for making a materially false statement in bad faith in the course of a grievance process does not constitute retaliation, provided, however, that a determination regarding responsibility, alone, is not sufficient to conclude that any party made a materially false statement in bad faith.

(4) Complaints alleging retaliation may be filed with the Title IX Coordinator who will follow the procedures and processes used for Title VII retaliation allegations.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A), 49-8-203(a)(1)(D), and 49-8-203(a)(4).
• Administrative History: Emergency rules filed August 14, 2020; effective through February 10, 2021. Emergency rules expired effective February 11, 2021, and the rules reverted to their previous statuses. New rules filed November 13, 2020; to have become effective February 11, 2021. However, a 75-day stay of the effective date of the rules was filed January 15, 2021; new effective date to have been April 27, 2021. Withdrawal of the stay filed March 4, 2021; new effective date March 31, 2021.

Tenn. Comp. R. & Regs. 0240-09-08-.16 TRAINING RELATED TO SEXUAL HARASSMENT ISSUES

(1) Tennessee Tech will ensure that its Title IX Coordinator, investigators, hearing officers, decision-makers, and any person who facilitates an informal resolution process receive training on this rule’s definition of sexual harassment, the scope of Tennessee Tech’s education program or activity, how to conduct an investigation and grievance process including hearings, appeals, and informal resolution processes, as applicable, and how to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest, and bias.

(2) Such training will satisfy the requirements of Title IX and be developed or conducted consistent with the requirements of state law, including but not limited to T.C.A. § 4-5-324.

(3) Tennessee Tech will ensure that hearing officers receive training on any technology to be used at a live hearing.

(4) Tennessee Tech will ensure that hearing officers receive training on issues of relevance of questions and evidence, including when questions and evidence about the complainant’s sexual predisposition or prior sexual behavior are not relevant.

(5) Tennessee Tech will ensure that investigators receive training on issues of relevance to create an investigative report that fairly summarizes relevant evidence.

(6) Tennessee Tech will ensure that any materials used to train Title IX Coordinators, investigators, hearing officers, decision-makers, and any person who facilitates an informal resolution process promote impartial investigations and adjudications of formal complaints and do not rely on sex stereotypes.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A), 49-8-203(a)(1)(D), and 49-8-203(a)(4).
• Administrative History: Emergency rules filed August 14, 2020; effective through February 10, 2021. Emergency rules expired effective February 11, 2021, and the rules reverted to their previous statuses. New rules filed November 13, 2020; to have become effective February 11, 2021. However, a 75-day stay of the effective date of the rules was filed January 15, 2021; new effective date to have been April 27, 2021. Withdrawal of the stay filed March 4, 2021; new effective date March 31, 2021.

Tenn. Comp. R. & Regs. 0240-09-08-.17 EFFECT OF OTHER REQUIREMENTS

(1) Tennessee Tech will not restrict any rights protected from government action by the First Amendment of the U.S. Constitution, deprive a person of any rights that would otherwise be protected from government action under the Due Process Clauses of the Fifth and Fourteenth Amendments of the U.S. Constitution, or restrict any other rights guaranteed against government action by the U.S. Constitution or State of Tennessee Constitution.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A), 49-8-203(a)(1)(D), and 49-8-203(a)(4).
• Administrative History: Emergency rules filed August 14, 2020; effective through February 10, 2021. Emergency rules expired effective February 11, 2021, and the rules reverted to their previous statuses. New rules filed November 13, 2020; to have become effective February 11, 2021. However, a 75-day stay of the effective date of the rules was filed January 15, 2021; new effective date to have been April 27, 2021. Withdrawal of the stay filed March 4, 2021; new effective date March 31, 2021.

Tenn. Comp. R. & Regs. 0240-09-08-.18 RECORD RETENTION AND DISPOSITION

(1) Tennessee Tech will retain and dispose of records related to Title IX matters as required by federal and state laws and regulations.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A), 49-8-203(a)(1)(D), and 49-8-203(a)(4).
• Administrative History: Emergency rules filed August 14, 2020; effective through February 10, 2021. Emergency rules expired effective February 11, 2021, and the rules reverted to their previous statuses. New rules filed November 13, 2020; to have become effective February 11, 2021. However, a 75-day stay of the effective date of the rules was filed January 15, 2021; new effective date to have been April 27, 2021. Withdrawal of the stay filed March 4, 2021; new effective date March 31, 2021.

Tenn. Comp. R. & Regs. 0240-09-08-.19 SEVERABILITY

(1) If any provision of this rule or its application to any person, act, or practice is held invalid, the remainder of the rule or the application of its provisions to any person, act, or practice shall not be affected thereby.

(2) If any provision of the Title IX regulations on which this rule is based is enjoined or held invalid or the Title IX regulations’ application to any person, act, or practice is enjoined or held invalid, the remainder of this rule or the application of its provisions to any person, act, or practice shall not be affected thereby.

History

• Authority: T.C.A. §§ 49-8-101(a)(2)(A), 49-8-203(a)(1)(D), and 49-8-203(a)(4).
• Administrative History: Emergency rules filed August 14, 2020; effective through February 10, 2021. Emergency rules expired effective February 11, 2021, and the rules reverted to their previous statuses. New rules filed November 13, 2020; to have become effective February 11, 2021. However, a 75-day stay of the effective date of the rules was filed January 15, 2021; new effective date to have been April 27, 2021. Withdrawal of the stay filed March 4, 2021; new effective date March 31, 2021.

Chapter 0240-10-01 Student Immunization Requirements

Tenn. Comp. R. & Regs. 0240-10-01-.01 PURPOSE

(1) The purpose of this section is to establish a uniform policy for immunization requirements for students of the University of Memphis (“the University”). These rules are subject to any superseding federal or state law and are not to be construed as limiting the University in other areas.

History

• Authority: T.C.A. § 49-8-203(a)(1)(E).
• Administrative History: Original rules filed March 18, 2019; effective June 16, 2019.

Tenn. Comp. R. & Regs. 0240-10-01-.02 GENERAL EXEMPTIONS

(1) The following students are exempted from all immunization requirements:

(a) Students enrolling in a course of study that is exclusively online and does not involve any experiential component.

(b) Students enrolled in a dual enrollment program offered on the site of a local education

authority or secondary school.

(c) Students may be exempted where a physician licensed by the Board of Medical Examiners, the Board of Osteopathic Examiners, or a health department certifies in writing that a particular vaccine is contraindicated for one (1) of the following reasons:

1. The student meets the criteria for contraindication set forth in the manufacturer’s vaccine package insert; or 2. The student meets the criteria for contraindication published by the Centers for Disease Control (CDC) or the Advisory Committee on Immunization Practices (ACIP); or 3. In the best professional judgment of the physician, based upon the student’s medical condition and history, the risk of harm from the vaccine outweighs the potential benefit.

(d) Where a parent or guardian, or, in the case of an adult student, the student, provides the University with a written statement, affirmed under the penalties of perjury, that the vaccination conflicts with the religious tenets and practices of the parent or guardian or, in the case of an adult student, the student.

(e) Any other regulatory, statutory, or legal exemption.

June, 2019 2

History

• Authority: T.C.A. §§ 49-7-124(c) and 49-8-203(a)(1)(E).
• Administrative History: Original rules filed March 18, 2019; effective June 16, 2019.

Tenn. Comp. R. & Regs. 0240-10-01-.03 MEASLES, MUMPS, RUBELLA (MMR)

(1) General requirement: All full-time students admitted to the University must provide proof of immunization for measles, mumps, and rubella prior to class registration.

(2) Exemptions: In addition to the general exemptions in 0240-10-01-.02, the following students are exempted from the MMR immunization requirement:

(a) Students born before January 1, 1957;

History

• Authority: T.C.A. §§ 49-7-124(g) and 49-8-203(a)(1)(E).
• Administrative History: Original rules filed March 18, 2019; effective June 16, 2019.

Tenn. Comp. R. & Regs. 0240-10-01-.04 VARICELLA (CHICKEN POX)

(1) General requirement: All full-time students admitted to the University must provide proof of immunization for varicella prior to class registration.

(2) Exemptions: In addition to the general exemptions in 0240-10-01-.02, the following students are exempted from the Varicella immunization requirement (a) Students born before January 1, 1980;

History

• Authority: T.C.A. §§ 49-7-124(g) and 49-8-203(a)(1)(E).
• Administrative History: Original rules filed March 18, 2019; effective June 16, 2019.

Tenn. Comp. R. & Regs. 0240-10-01-.05 MENINGOCOCCAL DISEASE

(1) All students under the age of twenty-two (22) who reside in University residential facilities must provide proof of adequate immunization against meningococcal disease as required by state and/or federal law. Students who fail to provide proof of adequate immunization will not be allowed to move into University residence halls unless they have a valid exemption.

History

• Authority: T.C.A. §§ 49-7-124(g) and 49-8-203(a)(1)(E).
• Administrative History: Original rules filed March 18, 2019; effective June 16, 2019.

Tenn. Comp. R. & Regs. 0240-10-01-.06 HEPATITIS B

(1) Hepatitis B immunizations are not required but are strongly recommended. All new incoming students will be provided with information concerning hepatitis B disease in accordance with state law and regulation.

(2) During the registration process each new incoming student will complete a waiver form indicating receipt of the information and acknowledging that the University has provided the information required in this section.

History

• Authority: T.C.A. §§ 49-7-125 and 49-8-203(a)(1)(E).
• Administrative History: Original rules filed March 18, 2019; effective June 16, 2019. June, 2019 3

Tenn. Comp. R. & Regs. 0240-10-01-.07 COLLEGE OF NURSING AND ALLIED HEALTH PROFESSIONS

(1) All students admitted into the College of Nursing or any allied health professions program must also have the following vaccinations in accordance with current Center for Disease Control (CDC) guidelines, subject to immunization exemptions:

(a) Tetanus, diphtheria, pertussis (Tdap)

(b) Polio (c) Influenza (d) Hepatitis B (e) Any other immunization required for healthcare personnel as issued by the CDC.

History

• Authority: T.C.A. §§ 49-7-124(g) and 49-8-203(a)(1)(E).
• Administrative History: Original rules filed March 18, 2019; effective June 16, 2019.

Tenn. Comp. R. & Regs. 0240-10-01-.08 PROOF OF IMMUNIZATION

(1) Proof of immunization may include:

(a) Completed Certificate of Immunization form signed by a health care provider;

(b) Official health department or medical provider immunization card or shot record;

(c) Military form DD214;

(d) Active Military – ID must be provided;

(e) Official documentation from a prior college or university; or (f) Any other proof deemed appropriate by the Student Health Center and allowed by state law or regulation.

History

• Authority: T.C.A. §§ 49-7-124(g) and 49-8-203(a)(1)(E).
• Administrative History: Original rules filed March 18, 2019; effective June 16, 2019.

Chapter 0240-10-02 Student Housing

Tenn. Comp. R. & Regs. 0240-10-02-.01 DEFINITIONS

(1) Residence hall. Any University of Memphis (“the University”) managed or affiliated student residence facility, including traditional residence buildings and apartments. They do not include individual fraternity or sorority housing.

(2) Resident(s). Any University student who has executed a Housing Contract to live in a residence hall and received an assignment.

(3) Student(s). A person admitted, enrolled or registered for study at the University, either fulltime or part-time, pursuing undergraduate, graduate, or professional studies, as well as nondegree seeking students.

History

• Authority: T.C.A. §§ 4-5-102(12)(E)(ii) and 49-8-203(a)(1)(D).
• Administrative History: Original rules filed March 18, 2019; effective June 16, 2019.

Tenn. Comp. R. & Regs. 0240-10-02-.02 ELIGIBILITY

(1) To be eligible to reside in University residence halls students must be fully admitted to the University or conditionally admitted students in a degree program at the University.

(2) Applicants for Graduate and Student Family Housing must be either:

(a) Married and/or a single parent (have legal custody of a dependent); or (b) A single graduate student.

(3) All students shall have an equal opportunity to reside in student residence halls regardless of race, gender, marital status, creed, color, national origin, or disability.

(4) No person who is registered, or required to register, as a sex offender will be eligible to reside in University residence halls.

(5) All students under the age of twenty-two (22) who reside in University residence halls must provide proof of adequate immunization against meningococcal disease as required by state law unless they have a valid exemption.

(6) Students who fail to provide proof of adequate immunization will not be allowed to reside in University residential halls unless they have a valid exemption.

(7) Any exceptions to the eligibility requirements must be approved by the Director of Residence Life or their designee.

June, 2019 2

History

• Authority: T.C.A. §§ 4-5-102(12)(E)(ii), 49-7-124, 49-7-162, and 49-8-203(a)(1)(D).
• Administrative History: Original rules filed March 18, 2019; effective June 16, 2019.

Tenn. Comp. R. & Regs. 0240-10-02-.03 HOUSING CONTRACTS

(1) To live in University residence halls, a completed application must be submitted. Receipt of the housing application does not guarantee assignment to any residence hall and the Director of Residence Life reserves the right to refuse any housing application.

(2) A student who applies to reside in a residence hall shall, as a condition to residing in the residence hall, sign a Housing Contract prepared by the University that establishes the terms and conditions of the student’s occupancy of the residence hall.

(3) The Housing Contract, which will be in a paper or electronic format, will address the following non-exclusive list of subjects:

(a) Term (length) of the agreement;

(b) Cancellation of the agreement;

(c) Amounts, billing, payment, and refunds of housing fees, security; deposits, and damage and cleaning fees;

(d) Assignment and reassignment of rooms;

(e) Policies and procedures governing the use and safety of the residence hall and conduct within the residence hall;

(f) Rights of entry to rooms;

(g) Loss of or damage to the student’s personal property;

(h) Loss of or damage to University property;

(i) Alterations, additions, or improvements to rooms;

(j) Animals;

(k) Prohibited activities;

(l) Visitation;

(m) Prohibition on assignment and subleasing by the student;

(n) Termination of the agreement by either the student or the University, and options for the student to appeal the termination; and/or (o) Other reasonable and necessary subjects determined by the Director of Residence Life and University leadership.

History

• Authority: T.C.A. §§ 4-5-102(12)(E)(ii) and 49-8-203(a)(1)(D).
• Administrative History: Original rules filed March 18, 2019; effective June 16, 2019. June, 2019 3

Tenn. Comp. R. & Regs. 0240-10-02-.04 INSTALLMENT PAYMENT PLAN

(1) Students may voluntarily enroll in the Installment Payment Plan (IPP) at the beginning of each semester.

(2) Students enrolled in this plan shall be assessed an IPP administrative fee of no greater than $50 for each semester enrolled in the plan. This charge shall be due and payable at registration.

(3) All financial aid awarded must first be applied toward payment of mandatory fees. The remaining balance after financial aid and discounts are applied will be divided into equal payments with the final payment due the first day of the last month of the applicable term.

(4) A late payment charge in the amount of $25 will be assessed on each installment that is not received by the University on or before the due date.

(5) Request for readmittance to the University will be denied to any student who participated in the IPP and who left the University without paying all charges pursuant to the program.

Students will not be eligible for readmittance until all delinquent charges and interest on the charges are paid in full.

History

• Authority: T.C.A. §§ 49-8-113 and 49-8-203(a)(1)(D).
• Administrative History: Original rules filed March 18, 2019; effective June 16, 2019.

Tenn. Comp. R. & Regs. 0240-10-02-.05 TERMINATION, CANCELLATION AND REFUNDS

(1) The University may terminate any Housing Contract in the event of any of the following nonexclusive reasons:

(a) Disciplinary action or violation of University policy;

(b) Withdrawal from the University;

(c) Failure to maintain eligible student status;

(d) Violation of any term of the Housing Contract;

(e) Violation of any applicable law or University rule, policy or procedure; or (f) Change in marital or familial status.

(2) Residents may terminate their Housing Contract in accordance with the contract provisions.

(3) Residents whose Housing Contract is subject to termination will receive notice in writing of the reasons for termination and be given an opportunity to respond.

(4) Any resident who fails to make timely payment of all fees due under the terms of the Housing Contract will be liable for all expenses of collection, including court costs and attorneys’ fees.

(5) Refunds will be made consistent with University policies or procedures related to refunds of student fees.

History

• Authority: T.C.A. §§ 4-5-102(12)(E)(ii) and 49-8-203(a)(1)(D).
• Administrative History: Original rules filed March 18, 2019; effective June 16, 2019. June, 2019 4

Tenn. Comp. R. & Regs. 0240-10-02-.06 CONDUCT AND RIGHT TO ENTER

(1) In addition to the terms of the Housing Contract, residents must also comply with all University of Memphis published policies including the Code of Student Conduct. Violations of the contract and the Code of Student Conduct may result in termination of the Housing Contract.

(2) Residents are responsible for the conduct of their guests. It is the responsibility of the resident to make sure that the guest understands and abides by all Housing and University regulations. If a guest is involved in any violations of University or Housing regulations, the hosting resident, as well as the guest, may be subject to disciplinary action, including termination of the Housing Contract.

(3) The University reserves the right to enter any residence hall unit or apartment at all reasonable times to inspect for maintenance, health, safety or emergency purposes.

Searches may be authorized anytime there is reasonable cause to believe that there is a health or safety concern or in accordance with federal and state law.

History

• Authority: T.C.A. §§ 4-5-102(12)(E)(ii) and 49-8-203(a)(1)(D).
• Administrative History: Original rules filed March 18, 2019; effective June 16, 2019.

Tenn. Comp. R. & Regs. 0240-10-02-.07 APPEALS

(1) Residents may appeal the termination of the Housing Contract to the Director of Residence Life or their designee by filing a written appeal within two (2) business days of the notice of termination.

(2) Within two (2) business days of receipt of the appeal, the Director of Residence Life or their designee will notify the resident of the decision in writing to their official University email address or other provided email address. The decision of the Director of Residence Life or their designee is final.

History

• Authority: T.C.A. §§ 4-5-102(12)(E)(ii) and 49-8-203(a)(1)(D).
• Administrative History: Original rules filed March 18, 2019; effective June 16, 2019.

Chapter 0240-10-04 Parking and Traffic Rules

Tenn. Comp. R. & Regs. 0240-10-04-.01 DEFINITIONS

(1) The term “motor vehicle” means any self-propelled vehicle that is capable of exceeding twentyfive (25) miles per hour.

History

• Authority: T.C.A. § 49-8-203(a)(1)(D).
• Administrative History: Original rules filed February 20, 2020; effective May 20, 2020.

Tenn. Comp. R. & Regs. 0240-10-04-.02 GENERAL PROVISIONS

(1) The purpose of these rules is to facilitate and regulate the safety and orderly operation of The University of Memphis (“University”) and provide parking facilities for its operation within the limits of available space.

(2) The University’s Parking and Transportation Services and Police Services are responsible for implementation and enforcement of these rules.

(3) Any person operating a motor vehicle on the University campus is required to obey these rules as a condition of parking or operating a motor vehicle on campus.

(4) The issuance of a parking permit does not guarantee a parking space on University property.

The inability to locate a marked parking space does not diminish the responsibility to park in accordance with these rules.

(5) The absence of “no parking” signs or painted curbs/lines does not imply that parking is allowed.

Parking in designated lots is restricted to marked spaces only. Motor vehicles parked outside of marked spaces are subject to citation and towing, and the owner/operator may be subject to disciplinary or administrative action.

(6) The University shall have no responsibility for loss or damage to any motor vehicle or its contents operated or parked on any University campus.

(7) These rules are enforceable seven (7) days a week, twenty-four (24) hours a day, including holidays and breaks.

History

• Authority: T.C.A. § 49-8-203(a)(1)(D).
• Administrative History: Original rules filed February 20, 2020; effective May 20, 2020. May, 2020 2

Tenn. Comp. R. & Regs. 0240-10-04-.03 REGISTRATION

(1) Parking and Transportation Services is responsible for the administration of parking permits at the University. Parking permits are available for pickup and purchase at the Parking and Transportation Services office at the University.

(2) Only motor vehicles properly displaying a University parking permit, motorcycle/convertible permit, visitor pass or those motor vehicles legally parked at parking meters or in parking garages may be parked on property owned or leased by the University.

(3) Permit holders are only eligible for one (1) parking permit at a time. Permits may be moved from one (1) motor vehicle to another.

History

• Authority: T.C.A. § 49-8-203(a)(1)(D).
• Administrative History: Original rules filed February 20, 2020; effective May 20, 2020.

Tenn. Comp. R. & Regs. 0240-10-04-.04 PARKING ZONES

(1) Parking facilities are designated by signs at the entrance of each lot as either General, Priority, Resident, or Reserved. Motor vehicles can only park in lots designated by the sticker on the University issued parking permit.

(2) Persons utilizing disabled parking spaces on any University campus must have a state-issued disability license plate or disability placard. All students, faculty and staff who have a state issued placard or license plate should be registered with Parking and Transportation Services to ensure access to the appropriate disabled parking spaces on campus.

(3) Visitor parking is available at an hourly rate in any metered parking space or in a parking garage. Visitors may also purchase visitor permits, which provide access to park in General Permit Parking facilities. Visitor permits are available for purchase through Parking and Transportation Services and must be displayed in the motor vehicle in accordance with the instructions provided at the time of purchase and/or in accordance with the instructions printed on the permit.

(4) Motorcycles, motor bikes, and motor scooters must display a Motorcycle Permit and are only permitted to park in spaces designated as “Motorcycle Parking” or in other regularly marked parking spaces. Operating these motor vehicles on any surface other than designated streets or parking areas is expressly prohibited.

(5) Replacement and temporary parking permits can be purchased from Parking and Transportation Services. All lost or stolen parking permits should be reported to Parking and Transportation Services.

History

• Authority: T.C.A. § 49-8-203(a)(1)(D).
• Administrative History: Original rules filed February 20, 2020; effective May 20, 2020.

Tenn. Comp. R. & Regs. 0240-10-04-.05 MOTOR VEHICLE OPERATION

(1) Operators of motor vehicles on University property or in the campus area, which includes city streets running through University property, must obey all traffic rules, regulations, postings, or directions of police officers, regardless of whether the rule, regulation, posting, or direction is included in this policy, and all applicable traffic rules, regulations, postings, or directions.

(2) The speed limits on all University streets as well as city streets running through University property are enforced by the University’s Police Services. Violations may result in the operator of the motor vehicle receiving a citation.

May, 2020 3 (3) All persons operating motor vehicles are responsible for maintaining proper control of the motor vehicle, safe operation, and observance of traffic control signs, barriers and devices.

(4) Operating a motor vehicle in any area other than a street or a roadway intended for motor vehicles is prohibited.

(5) Pedestrians have the right of way at established pedestrian crossings, except where regulated by traffic control lights or police officers.

(6) Bicycles operated on University property or city streets must comply with all applicable traffic rules, regulations, postings, or directions.

History

• Authority: T.C.A. § 49-8-203(a)(1)(D).
• Administrative History: Original rules filed February 20, 2020; effective May 20, 2020.

Tenn. Comp. R. & Regs. 0240-10-04-.06 VIOLATIONS

The following constitutes non-exclusive examples of violations of these rules:

(1) Registration.

(a) Unauthorized possession of a University parking permit;

(b) Falsification of registration information; and (c) Illegal use, unauthorized use, reproduction or alteration of University parking permit or temporary parking permit.

(2) Parking.

(a) In a no parking zone;

(b) No permit or visitor pass;

(c) Improper display of permit or visitor pass;

(d) Parked outside of lines or appropriately marked space;

(e) In such a manner as to block or obstruct traffic, street, sidewalk, driveway, fire hydrant, building entrance or exit, or another motor vehicle;

(f) In a fire lane;

(g) Parked overtime in a metered space;

(h) Illegal entry/exit in an access-controlled gated parking facility, which includes, but is not limited to, tailgating another motor vehicle;

(i) Breaking the gate in an access-controlled gated parking facility; and (j) Disability parking violation, as defined by State law (including, but not limited to, unauthorized use of a disabled parking space, ramp, plate, or placard; parking a motor vehicle so that a portion of the motor vehicle encroaches into a disabled space in a manner that restricts, or reasonably could restrict, a person confined to a wheelchair from exiting or entering a motor vehicle properly parked within a disabled parking space).

May, 2020 4 (3) Officers of the University’s Police Services may, under certain circumstances, issue citations for violations of city ordinances and/or state laws. Individuals who receive a citation for violations of city ordinances and/or state laws must appear in court on the court date listed on the citation or pay the citation fine if appearance in court is not required.

History

• Authority: T.C.A. § 49-8-203(a)(1)(D).
• Administrative History: Original rules filed February 20, 2020; effective May 20, 2020.

Tenn. Comp. R. & Regs. 0240-10-04-.07 FINES

Fines may be set as determined by the University but shall not exceed the amounts set by state/county/municipal ordinance for the same offense. Such fines are subject to the prior review and approval of the University of Memphis President. Proposed fines shall be submitted to the University of Memphis President together with information sufficient to justify the fine. Such information shall include consideration of state/county/municipal fines for the same offense, fines for the same offense at similarly situated institutions, association to enforcement costs at the institution, and/or the unique parking considerations at each institution. Once adopted or amended, all fines shall be affirmatively communicated to the faculty, staff and students of the institution through the University of Memphis’ website.

History

• Authority: T.C.A. § 49-8-203(a)(1)(D).
• Administrative History: Original rules filed February 20, 2020; effective May 20, 2020.

Tenn. Comp. R. & Regs. 0240-10-04-.08 ENFORCEMENT

(1) University issued citations must be paid in person at the University & Student Business Services’ Office, or by mail at The University of Memphis, PO Box 1000, Department 313, Memphis, TN 38152, within fifteen (15) days of the issuance date of the citation.

(2) The University may tow, boot, or remove to a place of storage at the owner’s expense any motor vehicle, without advance notice, that is parked in a fire lane, designated disabled parking space, spaces reserved for designated motor vehicles, or motor vehicles parked in such a manner as to impede the flow of traffic or disrupt the orderly affairs of the University.

(3) The University may tow, boot, or remove to a place of storage at the owner’s expense any motor vehicle that has unpaid parking citations as long as advance notice and an opportunity to contest has been given. Windshield notices and/or other methods of notification will be used to provide the operator of the motor vehicle with advance notice of University’s intent to tow and the operator's right to a contest.

(4) The University may revoke parking privileges for repeated and/or deliberate parking or moving violations.

(5) University students with outstanding citations may not be permitted to receive grades, transcripts, or diplomas.

(6) Any student who receives $100.00 or more in traffic and/or parking violations on University controlled property during any semester may be subject to disciplinary action in accordance with applicable University rules.

(7) Outstanding University employees’ citations may be recouped in accordance with applicable University indebtedness rules.

(8) Parking permits are issued to persons, not motor vehicles, and are required to be affixed to a motor vehicle. Permit holders are responsible for citations incurred with their permit. Persons will also be held liable for a violation incurred by a motor vehicle without a permit when that motor vehicle is reasonably shown to be associated with the person.

May, 2020 5

History

• Authority: T.C.A. § 49-8-203(a)(1)(D).
• Administrative History: Original rules filed February 20, 2020; effective May 20, 2020.

Tenn. Comp. R. & Regs. 0240-10-04-.09 APPEALS

(1) Any student who has received a University citation may appeal the citation to the Student Government Association within fifteen (15) days of the of the issuance date of the citation.

Appeals may be filed in person at Parking and Transportation Services or online using the University’s parking portal. All decisions of the Student Government Association are final.

(2) Any University employee who has received a University citation may appeal the citation to the Faculty/Staff Appeals Committee within fifteen (15) days of the of the issuance date of the citation. Appeals may be filed in person at Parking and Transportation Services or online using the University’s parking portal. All decisions of the Faculty/Staff Appeals Committee are final.

(3) Any person not affiliated with the University who has received a University citation may appeal the citation to the Assistant Director of Parking and Transportation Services within fifteen (15) days of the date of the issuance date of the citation. Appeals may be filed in person at Parking and Transportation Services or online using the University’s parking portal.

History

• Authority: T.C.A. § 49-8-203(a)(1)(D).
• Administrative History: Original rules filed February 20, 2020; effective May 20, 2020.

Chapter 0240-10-05 Classifying Students In-State and Out-of-State

Tenn. Comp. R. & Regs. 0240-10-05-.01 PURPOSE

The purpose of this rule is to establish reasonable and appropriate rules and policies for the purpose of making admission decisions and determining whether out-of-state tuition shall be charged to a student enrolling at the University of Memphis (“University”). These rules are promulgated in accordance with the principle that as a state, tax-supported institution, the University extends preference in admission and tuition to residents of the state of Tennessee.

History

• Authority: T.C.A. §§ 49-7-101(b), 49-7-138, 49-8-102(b)(1), and 49-8-104(a).
• Administrative History: Original rules filed February 20, 2020; effective May 20, 2020.

Tenn. Comp. R. & Regs. 0240-10-05-.02 DEFINITIONS

(1) Continuous enrollment; Continuously enrolled: Attendance at a school or schools in the state of Tennessee shall be deemed "continuous" if the person claiming continuous attendance has been enrolled at a public higher education institution in Tennessee as a part-time or full-time student. Such person need not enroll in summer sessions or other such inter-sessions beyond the normal academic year in order that his or her enrollment be deemed continuous, notwithstanding lapses in enrollment occasioned solely by the scheduling of the commencement and/or termination of the academic year.

(2) Domicile: A physical presence in the state of Tennessee with simultaneous intent to make Tennessee one’s permanent home and place of habitation and abandonment of any former domicile.

(3) Emancipated/independent student: A student whose parents or legal guardian/custodian have entirely surrendered the right to the care, custody, and earnings of such person and who no longer are under any legal obligation to support or maintain such emancipated/independent person.

(4) Parents: a person's father or mother. If there is a non-parental guardian or legal custodian of an un-emancipated person, then “parent” shall mean such guardian or legal custodian; provided, that there are not circumstances indicating that such guardianship or custodianship was created primarily for the purpose of conferring the status of an in-state student on such un-emancipated person.

(5) Performance based program: Recognized University programs with entrance criteria based on clearly established academic standards or satisfactory program participation that must be maintained to continue participation in the program.

May, 2020 2 (6) U.S. Armed Forces: the U.S. Army, Navy, Air Force, Marine Corps, and Coast Guard.

History

• Authority: T.C.A. § 49-8-104.
• Administrative History: Original rules filed February 20, 2020; effective May 20, 2020.

Tenn. Comp. R. & Regs. 0240-10-05-.03 RESIDENCY REQUIREMENTS FOR ADMISSION AND IN-STATE TUITION

(1) A student will be considered a Tennessee resident for admission and in-state tuition purposes if the student is a citizen of the United States, has resided in Tennessee for one (1) year immediately prior to the beginning of the term being applied to, and meets one of the following conditions:

(a) Graduated from a Tennessee public secondary school;

(b) Graduated from a private secondary school that is located in Tennessee; or (c) Earned a Tennessee high school equivalency diploma.

(2) A student who is domiciled in the state of Tennessee will be considered a Tennessee resident for admission and in-state tuition purposes.

(a) A student can establish domicile by establishing that the student, or the student’s parent(s) or legal guardian/custodian if the student is considered a dependent student, as a physical presence in the state with simultaneous intent to make Tennessee one’s permanent home and place of habitation and abandonment of any former domicile.

(b) Presence in Tennessee primarily for educational purposes is insufficient to establish domicile.

(c) Undocumented aliens cannot establish domicile in Tennessee, regardless of length of residence in Tennessee.

(d) Decisions regarding domicile will be made by the University based on a review of all evidence presented and upon consideration of its reliability, authenticity, credibility and relevance.

History

• Authority: T.C.A. §§ 49-8-104 and 49-8-203.
• Administrative History: Original rules filed February 20, 2020; effective May 20, 2020.

Tenn. Comp. R. & Regs. 0240-10-05-.04 ADDITIONAL CATEGORIES OF INDIVIDUALS WHO ARE NOT REQUIRED TO PAY

OUT-OF-STATE TUITION.

(1) An unemancipated/dependent, currently enrolled student whose parent(s) or legal guardian/custodian relinquish residence or domicile in the state of Tennessee shall not be required to pay out-of-state tuition at the University so long as he or she maintains continuous enrollment at a state of Tennessee public higher educational institution or institutions.

(2) Students participating in an approved University performance-based program may not be required to pay out-of-state tuition. Such programs may include, but are not limited to: the Helen Hardin Honors Program, ROTC, and the National Student Exchange program.

(3) A person who otherwise meets admission requirements shall not be required to pay out-ofstate tuition if they reside in a county of another state lying immediately adjacent to a county where the University is located or if they reside within thirty (30) miles of the University.

May, 2020 3 (4) Unemancipated/dependent students of divorced parents shall not be required to pay out-ofstate tuition when one (1) parent, regardless of custodial status, is domiciled in Tennessee.

(5) A student who is a United States citizen or permanent resident and is the spouse of a current student classified as in-state for tuition purposes shall not be required to pay out-of-state tuition.

(6) Academic Common Market: Students enrolled at the University of Memphis in an approved and designated Academic Common Market degree program or concentration shall not be required to pay out-of-state tuition.

(7) An unemancipated/dependent person whose parent is not domiciled in Tennessee but is a member of the armed forces and stationed in Tennessee pursuant to military orders shall not be required to pay out-of-state tuition. Further, such a person who maintains continuous enrollment shall not be required to pay out-of-state tuition if his or her parent thereafter is transferred on military orders.

(8) Part-time students who are not domiciled in Tennessee but who are employed by one (1) or more employers in the State and such employment is equivalent to full-time employment shall not be required to pay out-of-state tuition.

(9) U.S. Armed Forces personnel, their spouses, and dependents, stationed in the State of Tennessee, shall not be required to pay out-of-state tuition. This provision shall not apply to military personnel and their spouses who are stationed in Tennessee primarily for educational purposes.

(10) Active-duty military personnel who begin working on a college degree at the University while stationed in Tennessee and who are transferred or deployed prior to completing their degrees, can continue completion of the degree(s) at the University without being required to pay outof-state tuition, as long as he/she completes at least one (1) course for credit each twelve (12) month period after the transfer or deployment. Exceptions may be made in cases where the service member is deployed to an area of armed conflict for periods exceeding twelve (12) months.

(11) Qualified, dependent children entitled to scholarship or exemption from out-of-state tuition by statute, including but not limited to, T.C.A. § 49-4-704 and T.C.A. § 49-7-164, shall not be required to pay out-of-state tuition.

(12) Veterans or other individuals eligible to receive educational benefits administered by the United States Department of Veterans’ Affairs, shall not be required to pay out-of-state tuition or any out-of-state fee, if the veteran or individual is:

(a) Enrolled in any public institution of higher education in Tennessee;

(b) Utilizing such benefits at the enrolling institution; and (c) Living in the state of Tennessee, regardless of the individual's formal state of residency.

History

• Authority: T.C.A. §§ 49-7-164, 49-7-301, 49-7-1304, 49-8-101(b), 49-8-102(b)(1), and 49-8-104(a).
• Administrative History: Original rules filed February 20, 2020; effective May 20, 2020.

Tenn. Comp. R. & Regs. 0240-10-05-.05 APPEAL

Initial residency classification will be determined by the Office of Undergraduate Admissions and Orientation for undergraduate students and the Graduate Admissions Office for graduate students. Students may appeal their initial residency reclassification by submitting a written request for reclassification with supporting documentation on forms prescribed by the University. Appeals for the current term must be May, 2020 4 made to the Residency Appeals Committee on or before the last day to add or change sections for the current full term. Appeals received after this date may only change a student’s residency for future terms.

Individuals disagreeing with the decision of the Residency Appeals Committee may appeal that decision in accordance with applicable laws and regulations.

History

• Authority: T.C.A. § 49-7-101.
• Administrative History: Original rules filed February 20, 2020; effective May 20, 2020.

Tenn. Comp. R. & Regs. 0240-10-05-.06 RECLASSIFICATION

If a student classified as out-of-state or international applies for in-state tuition and is subsequently reclassified, his or her in-state classification shall be based on the date the appeal form was received by the appeal committee. However, out-of-state tuition will be charged for any quarter or semester during which reclassification is sought and obtained unless application for reclassification is made in accordance with University policy.

History

• Authority: T.C.A. § 49-7-101.
• Administrative History: Original rules filed February 20, 2020; effective May 20, 2020.

Chapter 0240-10-06 Student Code of Rights and Responsibilities

Tenn. Comp. R. & Regs. 0240-10-06-.01 INTRODUCTION

(1) The matriculation of a student at the University of Memphis is a voluntary entrance into the academic community. By such voluntary entrance, the student assumes obligations of performance and behavior reasonably imposed by the University relevant to its lawful missions, processes, and functions. In some instances, these obligations may be higher than those imposed on individuals by civil and criminal law.

(2) The University has established the Student Code of Rights and Responsibilities (“Student Code”) in order to advance the mission of the University by maintaining a safe and secure learning environment, protecting the rights and privileges of all members of the University community, providing a basis for the orderly conduct of the affairs of the University, promoting a positive relationship between the University and its surrounding community, preserving institutional integrity and property, encouraging students to engage in conduct that brings credit to themselves and the University, and ensuring that each student who matriculates at the University graduates ready to contribute to society as an ethical and responsible individual.

(3) Students are responsible for being fully acquainted and for complying with this rule and other processes relating to students. Each student member of the University of Memphis community bears responsibility for their conduct. Students also assume reasonable responsibility for the behavior of others. When student members of the University community fail to or refuse to comply with the rules and requirements established by the University, they may be subject to disciplinary action up to and including expulsion from the University.

(4) The University of Memphis is committed to respecting students’ constitutional rights. Nothing in this chapter is intended or shall be interpreted to restrict students’ constitutional rights, including, but not limited to, rights of freedom of speech and assembly.

(5) Authority and responsibility relating to the Student Code are delegated to the Dean of Students, or designee.

History

• Authority: T.C.A. § 49-8-203(a)(1)(D).
• Administrative History: New rules filed July 20, 2021; effective October 18, 2021.

Tenn. Comp. R. & Regs. 0240-10-06-.02 JURISDICTION

(1) University rules governing student conduct apply to conduct on and off University property. In the case of conduct that occurs off University property, the Dean of Students, in his/her sole October, 2021 2 discretion, shall determine whether the Code will be applied to such misconduct by taking into consideration whether the misconduct:

(a) Occurs in connection with a University activity; or (b) Involves another member of the University community; or (c) Is fairly attributable to a student organization; or (d) Consists of academic dishonesty or research misconduct; or (e) Poses a credible, serious threat to the health and safety of the University community or University property.

(2) Each student shall be responsible for their conduct from the time of admission to the University of Memphis or enrollment in a course offered by the University of Memphis through the actual awarding of a degree, even though conduct may occur before classes begin or after classes end, as well as during the academic year, and during periods between terms. Any student that chooses to take a leave of absence or withdraw from the University of Memphis during any academic period prior to graduation with a pending disciplinary matter will be subject to a disciplinary hold placed on the student’s academic record and/or the student’s account preventing re-enrollment until resolution of the conduct matter in question. This rule will also apply to students found to have submitted false or misleading information to the University for the purpose of admission.

(3) Each student organization shall be responsible for its conduct from the time of application for registration through the time that the organization is voluntarily disbanded or is no longer officially recognized by removal from the University in accordance with this rule. Actions taken by members of a student organization, particularly officers of the student organization, may be imputed to the student organization.

(4) University disciplinary proceedings may be instituted against a student and/or student organization charged with conduct that potentially violates both criminal law and the Student Code (that is, if both possible violations result from the same factual situation) without regard to the pendency of civil or criminal litigation or criminal arrest and/or prosecution. Proceedings under this rule may be carried out prior to, simultaneously with, or following civil and/or criminal proceedings at the discretion of the Dean of Students. Determinations made or sanctions imposed under the Student Code shall not be subject to change because criminal charges arising out of the same facts giving rise to violation of University rules were dismissed, reduced, or resolved in favor of or against the involved student(s).

(5) When a student is charged by federal, state, or local authorities with a violation of law, the University will not request or agree to special consideration for that individual because of their status as a student. If the alleged offense is also being processed under this rule, the Office of Student Accountability (OSA) may advise off-campus authorities of the existence of this rule and of how such matters are typically handled within the University community. OSA will cooperate with law enforcement and other agencies to the extent possible and as legally allowed or required in the enforcement of criminal law on campus and in the conditions imposed by criminal courts for the rehabilitation of student violators (provided that the conditions do not conflict with University rules or sanctions). Individual students and other members of the University community, acting in their personal capacities, remain free to interact with governmental representatives as they deem appropriate.

(6) Graduate or professional programs within the University may initiate academic retention processes against students for alleged violations of professional standards or ethics (e.g.

October, 2021 3 national accrediting or governing body and/or federal or state regulations) as a separate issue or as an extension of alleged acts of academic misconduct or other violations of the Code.

(7) This code is not applicable to University Schools’ K-12 students who shall adhere to the policies of or adopt policies substantially similar to the local education authority through which they receive funding.

History

• Authority: T.C.A. § 49-8-203(a)(1)(D).
• Administrative History: New rules filed July 20, 2021; effective October 18, 2021.

Tenn. Comp. R. & Regs. 0240-10-06-.03 DEFINITIONS

(1) The term “business day” means any weekday not designated by the University as a holiday or administrative closing day. When calculating a time period of business days specified in the Code, the business day of the event that triggers a time period is excluded.

(2) The term “complainant” means an individual who is alleged to be the victim of conduct that could constitute a violation under this Code. In the absence of a complaint from another member of the University community, the University, a University employee, or another office or department within the University may serve in the role as complainant.

(3) The term “conduct educator” means the University official assigned to investigate and document factual findings related to alleged violations of the Student Code. In the case of Academic Misconduct, the faculty member whose course the conduct occurred in, or in the case of academic misconduct occurring outside of a specific course, the faculty member who is responsible for the academic program the conduct occurred in, will serve in the role.

(4) The term “consent” means an informed decision, freely given, made through mutually understandable words or actions that indicate a willingness to participate in mutually agreed upon activity. Consent cannot be given by an individual who is asleep; unconscious; or mentally/physically incapacitated, either through the effect of drugs/alcohol or for any other reason; or is under duress, threat, coercion, or force. Past consent does not imply present or future consent. Silence or an absence of resistance does not imply consent. Consent can be withdrawn at any time.

(5) The term “Dean of Students” means the University official charged with administration of student discipline for the University, and/or their designee at the University.

(6) The term “member of the University community” means any person who is a student, University official, campus visitor, University approved vendor, and/or participant in a Universitysponsored or University-affiliated activity.

(7) The term “notice” means notice given in writing and transmitted by United States mail, courier service, and/or hand delivery to the address the University’s Registrar has on file for the student; and/or by e-mail to the student’s University-provided e-mail account. When a notice is transmitted by United States mail or courier service, the notice is effective on the date that it is mailed or delivered to the courier service. When a notice is transmitted by hand delivery, the notice is effective on the date that it is delivered to the person to whom the notice is addressed.

When a notice is transmitted by e-mail, the notice is effective on the date that the e-mail is sent. A student’s University-issued e-mail address is the official method of communication used by the University regarding student conduct matters.

(8) The term “party” means either complainant or respondent. References in this rule to the plural “parties” includes complainant and respondent.

October, 2021 4 (9) The term “possession” means having, owning or controlling a substance or property or being in such close proximity to the substance or property that it is a reasonable presumption that one had knowledge of the substance or property.

(10) The term “retaliation” means any action taken by an accused individual or an action taken by a third party against any person because that person has reported a violation of this rule or the University’s processes or because that person has filed a complaint, served as a witness, assisted, or participated in an investigation or proceeding under this rule or any other University process. This includes action taken against a bystander who intervened to stop or attempt to stop a violation of this rule or any other University process. Retaliation includes, but is not limited to, intimidating, threatening, or coercing an individual because of the individual’s complaint or participation.

(11) The term “respondent” means an individual or student organization who has been reported to be the perpetrator of conduct that could constitute a violation under this Code.

(12) The term “student” includes all persons who are admitted, enrolled, or registered for courses at the University, either full-time or part-time, pursuing undergraduate, graduate, continuing education, vocational education, or professional studies. Persons who withdraw after allegedly violating the Student Code, who are not officially enrolled for a particular term but who have a continuing relationship with the University or who have been notified of their acceptance for admission are considered “students” as are persons who are living in University owned or controlled housing, although not enrolled at the University.

(13) The term “student conduct board” means an annually appointed, trained pool of eligible University community members (i.e. students, faculty, staff, or contractors) who are responsible for conducting student disciplinary hearings.

(14) The term “student organization” means any organization comprised primarily of currently enrolled students who unite around a common purpose or interest for educational, social, recreational and/or service purposes.

(15) The term “threat” means any written, verbal, or non-verbal conduct by a student or student organization that causes a reasonable expectation of injury to the health and/or safety of any person and/or damage to any property.

(16) The term “University” means the University of Memphis.

(17) The term “University-affiliated activity” means any activity on or off University property that is initiated, aided, authorized, sponsored, or supervised by the University.

(18) The term “University property” means all land, buildings, facilities, grounds, structures, or any other property controlled, owned, leased, used, maintained, or operated by the University. For purposes of this rule, University controlled property includes all streets, alleys, sidewalks, public ways abutting such property, and computers and network systems owned, maintained, or controlled by the University or funded by the University.

(19) The term “University official” means an employee of the University including, but not limited to, faculty members, staff, University-recognized volunteers. Student employees may be considered University officials when acting in the performance of their duties such as event staff, building monitors, resident assistants, teaching assistants, or others designated by the University.

(20) The term “weapon” means any device, instrument, or substance that is designed to inflict a wound, incapacitate, or cause bodily injury or death, including, but not limited to, firearms (loaded and unloaded, real firearms and devices that appear to be real firearms), ammunition, October, 2021 5 electronic control devices (such as tasers and stun guns), devices designed to discharge an object (such as bb guns, air guns, pellet guns, potato guns, and slingshots), explosives, dangerous chemicals (such as mace, tear gas, and oleoresin capsicum), martial arts weapons, bows and arrows, artificial knuckles, nightsticks, blackjacks, dirks, daggers, swords, and knives with fixed blades longer than four (4) inches. The term “weapon” does not include pocketknives that fold (but not excluding switchblades); chemical repellents available over-the-counter for self-defense; instruments used solely for personal hygiene, preparation of food, maintenance, University-related instruction, or University employment-related duties. Weapon may also include devices, instruments or substances not designed to inflict a wound, incapacitate, or cause bodily injury or death but that is used in that manner.

History

• Authority: T.C.A. § 49-8-203(a)(1)(D).
• Administrative History: New rules filed July 20, 2021; effective October 18, 2021.

Tenn. Comp. R. & Regs. 0240-10-06-.04 BEHAVIORAL EXPECTATIONS AND RESPONSIBILITIES

(1) The University considers the behavior described in the following sub-sections as inappropriate for the University community and in opposition to the lawful missions and core values of the University. Any student and/or student organization found to have committed or to have attempted to commit the following misconduct is subject to the sanctions outlined in Section .05 Disciplinary Outcomes.

(2) Academic Misconduct: A student may be found to have engaged in academic misconduct, if they engage in any act of academic dishonesty which may include, but is not limited to the following:

(a) Making use of or providing unauthorized assistance or materials in the preparation or taking of an examination or other academic coursework;

(b) Acting as a substitute for another person in any academic evaluation or assignment;

(c) Utilizing another person as a substitute for him/herself in any academic evaluation or assignment;

(d) Committing plagiarism by presenting as one’s own work, for academic evaluation or assignment, the ideas, representations, or works of another person or persons or oneself without customary and proper acknowledgment of sources;

(e) Knowingly submitting one’s work for multiple assignments or classes unless explicitly authorized by the instructor;

(f) Committing an act that materially prevents, impedes, and/or impairs others from completing an academic evaluation or assignment; and/or (g) Attempting to influence or change one’s academic evaluation or record, through dishonesty, coercion, threat, and/or intimidation.

(3) Disruptive Classroom Behavior: Disruptive Classroom Behavior is defined as, but not limited to, behavior by any student that obstructs or disrupts the learning environment such as outbursts that inhibit instruction or concentration, failure to cooperate in maintaining classroom decorum, the persistent use of devices that disturb others, or other similar actions.

(a) The instructor and/or the instructor’s designee has responsibility for maintaining control over classroom behavior and can order the temporary removal or exclusion from the classroom of any student engaged in disruptive conduct or conduct that violates the general rules and regulations of the University for the class session during which the October, 2021 6 conduct occurs. Extended or permanent exclusion from the classroom, beyond the session in which the conduct occurred, or further disciplinary action can be affected only through appropriate procedures in this rule.

(4) Failure to Cooperate with a University Official or Police: Failure to comply with reasonable directions of University officials or police acting in the performance of their duties.

(5) Harm to Persons: Causing physical harm or endangering the health or safety of any person.

(6) Abuse: Abuse means acts or omissions that would cause a reasonable person, based on the severity, nature, and/or frequency of the conduct, to believe that an individual was subject to an abusive living, learning, and/or working environment, including but not limited to, repeated verbal abuse, including derogatory remarks, insults, and epithets; verbal, nonverbal, or physical conduct of a threatening, intimidating, or humiliating nature; or the sabotage or undermining of an individual’s performance in the living, learning, and/or working environment.

(7) Harassment: Harassment is unwelcome conduct directed toward a person that is discriminatory on a basis prohibited by federal, state, or local law, and that is so severe, pervasive, and objectively offensive that it effectively bars the victim’s access to participate in or benefit from the University’s educational or employment programs or activities.

(8) Retaliation: Engaging in retaliation as defined in this rule.

(9) Attempting to Violate the Rules Governing Student Conduct: Any attempt to commit any of the offenses identified as prohibited conduct, or the aiding/abetting of the commission of any of the offenses listed as such. An attempt to commit an offense is defined as the intention to commit the offense coupled with the taking of some action toward its commission.

(10) Bystanding: Bystanding is complicity with or failure of any student and/or student organization to appropriately address known or obvious violations of the Student Code or law. Being present during the planning or commission of any offense listed under this section may be considered as bystanding. Students who anticipate or observe an offense must remove themselves from the situation and are required to report the offense to the University.

(11) Theft of Property or Services:

(a) Attempted or actual theft, misappropriation, or unauthorized possession of University property, on or off campus;

(b) Attempted or actual theft, misappropriation, or unauthorized possession of the personal property of a Member of the University Community, on or off campus;

(c) Obtaining services, access to events, or access to physical spaces from the University or from a Member of the University Community by deception, force, threat or other means, without compensating the provider for these services; and/or (d) Knowingly taking or maintaining possession of stolen property.

(12) Damage to Property:

(a) Any act of misuse, vandalism, malicious, attempted or actual damage or destruction, defacing, disfiguring of University property; and/or (b) Attempted or actual damage to the personal property of a member of the University community, including, but not limited to, inflicting, or attempting to inflict physical injury on any animal owned, possessed, leased, kept, or held by the victim.

October, 2021 7 (13) Violation of Privacy:

(a) Unauthorized creation, use, maintenance, display or transfer of any recording (audio, video, digital, pictorial, etc.) taken without another person’s knowledge and effective consent and/or used, maintained, displayed or transferred without the person’s express permission;

(b) Engaging in observation of activities occurring in a place or places where there is a reasonable expectation of privacy without the knowledge and effective consent of all parties; and/or (c) Unauthorized access of another individual’s electronic accounts in any manner.

(14) Firearms, Weapons, Ammunition, and Explosives:

(a) Possessing, carrying, using, storing, or manufacturing any weapon on University controlled property or in connection with a University-affiliated activity, unless authorized in writing by the Chief of Police or designee or unless federal or state law affirmatively gives a student a right, irrespective of the Student Code, to possess or carry a weapon on University controlled property or in connection with a University-affiliated activity;

(b) Possessing, carrying, using, storing, or manufacturing any replica or toy weapons or items that simulate firearms or weapons on University controlled property. Examples of these items include but are not limited to: BB guns, pellet guns, paintball guns, water guns, cap guns, stun guns, tasers, and toy knives;

(c) Possessing, carrying, using, storing, or manufacturing ammunition on University controlled property unless authorized in writing by the Chief of Police or designee or unless federal or state law affirmatively gives a student a right, irrespective of the Student Code, to possess or carry ammunition on University controlled property or in connection with a University-affiliated activity; and/or (d) The unauthorized possession, ignition or detonation of any object or article which would cause damage by fire or explosion or other means to persons, or possession of any substance which could be considered to be fireworks or an explosive device.

(15) Hazing: As it is impossible to anticipate every situation that could involve hazing, this list does not, and cannot, encompass every circumstance that will cause the University to discipline for hazing.

(a) Hazing means any intentional or reckless act, on or off University property, by one (1) student acting alone or with others, that is directed against any other student, that endangers the mental or physical health or safety of that student or that induces or coerces a student to endanger that student’s mental or physical health or safety. Hazing shall include, but not be limited to, forcing, compelling, requiring, encouraging, or expecting, whether direct or implied, any individual to participate in any of the following actions or activities:

1. Paddling;

2. Kidnapping;

3. All forms of physical activity which are used to harass, punish, or harm an individual;

October, 2021 8 4. Excursions or road trips;

5. Confinement;

6. Spraying, painting, or pelting with any substance;

7. Burying in any substance;

8. Nudity with the intent to cause embarrassment;

9. Servitude;

10. Exposure to uncomfortable elements;

11. Verbal abuse;

12. Wearing, in public, of apparel which is conspicuous and/or indecent;

13. Forcing consumption of alcohol or any other substance, legal or illegal;

14. Depriving students of sufficient sleep (six consecutive hours per day is normally considered to be a minimum);

15. Burning, branding, or tattooing any part of the body;

16. Psychological hazing, defined as any act which is likely to:

(i) Compromise an individual’s dignity;

(ii) Cause an individual embarrassment or shame;

(iii) Cause an individual to be the object of malicious amusement or ridicule; and/or (iv) Cause an individual emotional distress;

17. Interrogating an individual in an intimidating or threatening manner;

18. Misleading prospective members in an effort to convince them that they will not become members unless they complete tasks, follow instructions, or act in a certain way;

19. Misleading prospective members into believing that they will be hurt during induction or initiation;

20. Carrying any items (shields, paddles, bricks, hammers, etc.) that serve no constructive purpose or that are designed to punish or embarrass the carrier;

21. Blindfolding and parading individuals in public areas, blindfolding and transporting in a motor vehicle, or privately conducting blindfolding activities that serve no constructive purpose;

22. Binding or restricting an individual in any way that would prohibit them from moving on their own; and/or October, 2021 9 23. Requiring or suggesting that an individual obtain, purchase, or possess items or complete tasks in an unlawful manner (i.e. for a scavenger hunt).

(b) Hazing also includes soliciting, directing, aiding, or otherwise participating actively or passively in the above acts.

(c) This rule is not intended to prohibit the following conduct:

1. Customary athletic events, contests, or competitions that are sponsored by the University or the organized and supervised practices associated with such events; or 2. Any activity or conduct that furthers the goals of a legitimate educational curriculum, extracurricular program, or military training program, as approved by the University.

(d) An individual may not consent to being hazed, and a victim’s voluntary or willful participation in hazing activities will not be considered as a defense against a violation of the hazing rule by an individual or organization.

(16) Unauthorized Access to University of Memphis Facilities and/or Grounds: Any unauthorized access or occupancy of University facilities, grounds, and/or other property designated or used for academic and/or research purposes, including but not limited to internship and practicum locations, is prohibited, including, but not limited to, gaining access to facilities and/or grounds that are closed to the public, being present in areas of campus that are open to limited guests only, being present in academic buildings after hours without permission, and being present in buildings with no legitimate reason. This also includes unauthorized entry into or use of University or a Community member’s premises and/or equipment, property, room, or distinct physical space. This rule also prohibits trespassing, propping of doors, or unauthorized use of alarmed doors for entry into or exit from a University building.

(17) Unauthorized Duplication or Possession of Keys: Making, causing to be made, or the possession of any key (including electronic and/or card keys) for a University grounds, facilities, and/or other property designated or used for academic and/or research purposes, including but not limited to internship and practicum locations, without proper authorization.

(18) Litter: Dispersing litter which includes, but is not limited to, garbage, refuse, rubbish and other waste material, in any form onto the grounds or facilities on University property.

(19) Disorderly Conduct: Any individual or group behavior which is obscene, lewd, indecent, excessively noisy, disorderly, or which unreasonably disturbs institutional functions, operations, classrooms, residential facilities, other groups, or individuals.

(20) Falsification:

(a) Submitting any false, falsified, forged, or altered, materials, documents, accounts, records, identification, or financial instruments to the University or a University official;

(b) Failure to disclose complete official transcripts of all domestic and/or international coursework for the purpose of admission into the University, admission to a program of study, or for consideration of transfer articulation;

(c) Any forgery, alteration of or unauthorized use of University documents, forms, and/or records;

(d) Providing false or misleading information to a University official;

October, 2021 10 (e) Withholding necessary information from any University official acting in the performance of his/her duties; and/or (f) Impersonating another member of the University community or a University official.

(21) University Identification Card:

(a) The student’s University identification card must be provided when requested by any University official.

(b) Misuse of a student identification card is prohibited. Misuse includes, but is not limited to, any of the following:

1. Allowing others to use your identification card;

2. Using another student’s identification card;

3. Representing an invalid identification card as valid to a University official or for the

purpose of entry into a University resource or event; and/or 4. Alteration of the identification card.

(22) Alcoholic Beverages: Except as explicitly allowed for by the University, the use and/or possession of alcoholic beverages on University property is prohibited. The unlawful use and/or possession of alcoholic beverages off University property in violation of any University prohibition, local ordinance, state, or federal law concerning alcoholic beverages is prohibited.

This rule includes any violation of the following:

(a) Possession or consumption of alcoholic beverages by students under the age of 21;

(b) Possession or consumption of alcoholic beverages by students aged 21 and over on University owned or controlled property;

(c) The intentional or unintentional supply or sale of alcohol to any person under the age of 21;

(d) Consumption of alcohol associated with disruptive behavior;

(e) Possession or use of false forms of identification to enter a liquor establishment or to obtain alcoholic beverages;

(f) Use of alcohol resulting in incapacitation that requires hospitalization or the recommendation of medical personnel that hospitalization occur; and/or (g) Driving under the influence of alcohol.

(23) Drugs and other Controlled Substances: This offense includes the violation of any local ordinance, state, or federal law concerning drugs or controlled substances, on or off University property. This prohibition also includes the following:

(a) The unlawful possession or consumption of drugs or controlled substances (including, but not limited to, any stimulant, depressant, narcotic, hallucinogenic drug, or marijuana);

(b) The intentional or unintentional unlawful supply or sale of drugs or controlled substances to any person;

October, 2021 11 (c) Consumption of drugs or controlled substances associated with disruptive behavior;

(d) Obtaining prescription drugs under false pretenses;

(e) Knowing misuse, possession or sale, or distribution of prescription drugs;

(f) Improper use of drugs or controlled substances resulting in incapacitation that requires hospitalization or the recommendation of medical personnel that hospitalization occur; and/or (g) Driving under the influence of drugs.

(24) Drug Paraphernalia: The use or possession of equipment, products or materials that are used or intended for use in the unlawful manufacture, growth, use or distribution of any drug or controlled substance. This offense includes the violation of any local ordinance, state, or federal law concerning the unlawful possession of drug paraphernalia, on or off University property.

(25) Gambling: Gambling as prohibited by the laws of the State of Tennessee. Gambling may include, but is not limited to, raffles, lotteries, sports pools, and online betting activities. The prohibition against gambling does not apply to approved fundraising and philanthropic activities of the University or registered student organizations.

(26) Financial Irresponsibility: Financial Irresponsibility includes any of the following:

(a) Knowingly passing a worthless check or money order in payment to the University or a member of the University community; and/or (b) Knowingly using counterfeit money to pay for goods or services provided by the University or a member of the University community.

(27) Wheeled Devices: Skateboards, roller blades, roller skates, bicycles and similar wheeled devices are not permitted inside University buildings, University owned or controlled housing, or on tracks or tennis courts. Wheeled devices may not be ridden on railings, curbs, benches, or any such fixtures that may be damaged by these activities, and individuals may be liable for damage to University property caused by these activities. Additionally, wheeled devices must not be stored or deposited in areas that block entry or exit to/from any University building or facility or block the effective use of railings, curbs, benches, and/or sidewalks/walkways.

(28) Trademark: Unauthorized use (including misuse) of University or organizational names and images.

(29) Ineligible Pledging or Association: Pledging or associating with a student organization without having met the University’s registration requirements.

(30) Animals: Animals are not permitted on campus except as allowed by law or as allowed by the University.

(31) Drones: Any use of an unmanned aircraft system or drone vehicle in, from, and/or above University property is prohibited except for University approved educational and/or research purposes.

(32) Life, Property, and Fire Safety: Violation of local, state, federal or campus fire and safety regulations including, but not limited to:

October, 2021 12 (a) Intentionally or recklessly causing a fire which damages University or personal property or which causes injury;

(b) Failure to evacuate a University-controlled building during a fire alarm;

(c) Improper use of University fire safety equipment;

(d) Tampering with or improperly engaging a fire alarm or fire detection/control equipment while on University owned or controlled property;

(e) Tampering with or disabling locks, other door hardware, cameras or other equipment used to provide security on campus; and/or (f) Tampering with or improperly engaging Automated External Defibrillator or other first-aid equipment while on University property.

(33) Abuse of the Conduct Process, Unacceptable Conduct in Disciplinary Proceedings: Any conduct at any stage of a disciplinary proceeding or investigation that may be contemptuous, disrespectful, threatening, or disorderly, including, but not limited to:

(a) Failure to obey the directives of a disciplinary body or University official(s) in the performance of their duties;

(b) Knowing falsification, distortion, or misrepresentation of information before a disciplinary body;

(c) Deliberate disruption or interference with the orderly conduct of a disciplinary proceeding;

(d) Failure to provide, destroying, or concealing information during an investigation of an all eged violation;

(e) Attempting to influence the impartiality of a member of a disciplinary body prior to, or during the course of a disciplinary proceeding;

(f) Harassment or intimidation of any participant in the University disciplinary process;

(g) Attempting to discourage an individual’s proper participation in, or use of the disciplinary process;

(h) Failing to appear at a University hearing, including, without limitation, a hearing of a University conduct board, following a request to appear either as a party or as a witness;

(i) Violation of Interim Administrative Actions, Disciplinary Sanctions, or Conditions of Reenrollment. Violating the terms of a no-contact directive, an interim restriction, a disciplinary sanction, or a condition of re-enrollment imposed by the University;

(j) Influencing, or attempting to influence, another person to commit an abuse of the disciplinary process; and/or (k) Failure to abide by a resolution agreement.

(34) Violation of General Rules and Regulations, State, Local or Federal Laws: Any violation of the general rules and regulations of the University of Memphis as published in official University publications and websites, including but not limited to, the intentional failure to perform any required action or the intentional performance of any prohibited action. Further, any violation of any local, state, or federal laws is also prohibited.

October, 2021 13

History

• Authority: T.C.A. §§ 49-7-123, 49-7-135, 49-7-2406, 49-8-203(a)(1)(D), and 50-1-502; 20 U.S.C. § 1092(f)(6)(A)(v); 34 U.S.C. § 12291(a)(8); and 34 U.S.C. § 12291(a)(10).
• Administrative History: New rules filed July 20, 2021; effective October 18, 2021.

Tenn. Comp. R. & Regs. 0240-10-06-.05 DISCIPLINARY OUTCOMES

(1) Purposes of disciplinary outcomes. The purposes of disciplinary outcomes that are implemented include, but are not limited to:

(a) To educate the Respondent about appropriate conduct;

(b) To promote the personal and professional development of the Respondent;

(c) To repair harm to the Complainant, University, and/or Community;

(d) To discourage the Respondent and other students from violating the Behavioral Expectations and Responsibilities; and (e) To protect other members of the University community.

(2) Appropriateness of disciplinary outcomes. The disciplinary outcomes imposed on a Respondent should be proportional to the Respondent’s misconduct and appropriate for the particular case based on the gravity of the offense (including, without limitation, how the violation affected or reasonably could have affected other members of the University community). Consideration may also be given to the Respondent’s conduct record; whether the Respondent acted in self-defense, and, if so, whether the amount of force used was reasonable under the circumstances; and other aggravating or mitigating factors.

(3) Administrative sanctions. A student who accepts responsibility or is found responsible for violating the Behavioral Expectations and Responsibilities generally will be given one (1) or more of the following administrative sanctions:

(a) Warning. A warning is a written notice to a student that informs the student that the student has violated the Behavioral Expectations and Responsibilities, that the misconduct must cease and/or not reoccur, and that further misconduct may result in the imposition of more serious sanctions.

(b) Disciplinary probation. Disciplinary probation is imposed for a specified period of time during which the student may continue to be enrolled but must demonstrate conduct that conforms to the Behavioral Expectations and Responsibilities. Conditions may be placed on the student’s continued enrollment. A student may be placed on disciplinary probation for moderate misconduct or in the case of repeated minor misconduct. Also, a student allowed to re-enroll following a suspension will be placed on disciplinary probation.

Subsequent violations of the Behavioral Expectations and Responsibilities during a period of disciplinary probation may result in more serious sanctions such as suspension or expulsion from the University.

(c) Deferred suspension. A deferred suspension is a designated period of time during which a student, while continuing to be enrolled, is given an opportunity to demonstrate the ability to abide by the Behavioral Expectations and Responsibilities. A student may be placed on deferred suspension for serious misconduct or in the case of repeated misconduct. If the student is found responsible for any additional violation(s) of the Behavioral Expectations and Responsibilities while the student is on deferred suspension, then the sanction of suspension will be the minimum sanction that will be October, 2021 14 imposed in a Formal Hearing on the subsequent misconduct. Students who are placed on deferred suspension are also generally given developmental sanctions.

(d) Suspension. A suspension is an official separation of a student from the University for a specific period of time and/or until certain conditions are met. A suspension may be imposed for serious misconduct and/or for a violation of deferred suspension.

Suspension may include conditions that must be satisfied prior to a student being allowed to re-enroll and/or conditions that will be in place if the student is allowed to re-enroll.

The effective date of a suspension may be imposed retroactively to the date that the misconduct occurred. While suspended, the student loses all University rights and privileges (e.g., enrollment privileges), shall not represent the University in any official manner, and shall not be present on University property without the prior approval of the Dean of Students. The student may be required to meet with an assigned staff member periodically while suspended to ensure the student is making satisfactory progress regarding the developmental sanctions issued. The Dean of Students will determine whether the student is eligible for consideration for re-enrollment by the University’s admissions office(s). Students who are permitted to return to the University following a period of suspension will automatically be placed on disciplinary probation by OSA for a designated period of time, which is designed to facilitate a smooth transition back to the University community. A student on post-suspension disciplinary probation must abide by the Behavioral Expectations and Responsibilities and all terms and conditions placed on the student’s re-enrollment.

(e) Expulsion. Expulsion is a sanction that permanently bars a person from the University and from re- enrolling as a student at the University. This sanction generally is imposed when the student’s misconduct is deemed so serious as to warrant total and permanent disassociation from the University community without the possibility of re-enrollment; and/or when, by the student’s repeated misconduct, a student has exhibited a blatant disregard for the health, safety, or welfare of other members of the University community or the University’s right to establish rules of conduct. A person who has been expelled shall not be present on University property without the prior approval of the Dean of Students.

(f) Withholding of degree. The University may withhold a degree as a disciplinary sanction for a specified period of time or until the student’s completion of all other sanctions imposed, whichever occurs later.

(g) Revocation of degree. The sanction of the revocation of a degree may be imposed if a student has obtained a degree at least in part through cheating, plagiarism, other academic dishonesty, or through research misconduct. This sanction will be noted on the student’s academic transcript on a permanent basis.

(h) Disciplinary probation for student organizations. A student organization given the sanction of disciplinary probation is permitted to retain University student organization registration on a probationary status. As a condition of the disciplinary probation, the student organization also may be given developmental sanctions. Disciplinary sanctions imposed on a student organization may be applicable to members of such organization.

(i) Social probation for student organizations. Social probation prohibits a student organization from sponsoring or participating in specified social activities. While on social probation, a student organization may not host social events or participate in Universityaffiliated activities. Any exceptions to social probation must be approved, in advance, by the Dean of Students.

(j) Deferred suspension for student organizations. A deferred suspension is a designated period of time during which a student organization, while continuing to be active, is given October, 2021 15 an opportunity to demonstrate the ability to abide by the Behavioral Expectations and Responsibilities. A student organization may be placed on deferred suspension for serious misconduct or in the case of repeated misconduct. If the student organization is found responsible for any additional violation(s) of the Behavioral Expectations and Responsibilities while the student organization is on deferred suspension, then the sanction of revocation or suspension of University registration will be the minimum sanction that will be imposed in a Formal Hearing on the subsequent misconduct.

Student organizations who are placed on deferred suspension generally also receive disciplinary probation and developmental sanctions.

(k) Revocation or suspension of University registration. In cases of serious or repeated misconduct, a student organization’s University registration may be suspended or revoked.

(4) Developmental conditions. A student may be given one (1) or more of the following developmental conditions in an effort to foster student learning and development:

(a) Educational activities. Educational activities are designed to educate the student about why certain conduct was inappropriate. Examples of such activities include, without limitation: attending an educational class, training, or workshop; giving or attending a presentation; preparing and submitting a research project or paper on a designated topic; or offering a written reflection responding to a prompt given by OSA.

(b) Restitution. Restitution is compensation for loss, damage, and/or injury incurred as a result of the student’s behavior. Compensation may take the form of money, service, and/or material replacement. Restitution may be required to be made to the University, a specific individual, or a specific organization.

(c) Supervised service. A student may be assigned service that is both beneficial to the University community and/or likely to assist the student in understanding the effects of the student’s conduct.

(d) Loss or restriction of privileges. Specified student privileges are lost or restricted. Such privileges include, without limitation, representing the University in any official manner, the use of or access to University-controlled property, University parking privileges, University owned housing, or participation in University-affiliated activities including, but not limited to, extracurricular activities.

(e) University housing reassignment or removal. A student may be assigned to a different residence hall or residence hall room. A student’s residence hall contract also may be terminated, and the student may be prohibited from residing in University housing for a definite or indefinite period of time.

(f) Mandatory education. A student may be required to participate in one (1) or more educational programs, classes, or workshops relating to the student’s misconduct, including, without limitation, education concerning alcohol or drugs. The student may be held responsible for the payment of expenses relating to the educational program/class/workshop(s).

(5) Academic sanctions. The following academic sanctions may be imposed in response to student academic misconduct:

(a) Diminished assignment grade. An instructor may issue a diminished grade for the academic exercise that was the subject of a finding of academic misconduct.

October, 2021 16 (b) Failing assignment grade. An instructor may issue a failing grade for the academic exercise that was the subject of a finding of academic misconduct.

(c) Diminished course grade. An instructor may issue a diminished grade for the course in which there was an academic exercise that was found to be academic misconduct.

(d) Failing course grade. An instructor may issue a failing grade for the course in which there was an academic exercise that was found to be academic misconduct.

History

• Authority: T.C.A. § 49-8-203(a)(1)(D).
• Administrative History: New rules filed July 20, 2021; effective October 18, 2021.

Tenn. Comp. R. & Regs. 0240-10-06-.06 CONFLICTS OF INTEREST

(1) The student conduct process will be carried out in a manner that is free from conflicts of interest consistent with due process of law.

(2) A University employee shall not act on behalf of OSA in the student conduct process in any case in which:

(a) The employee is a Complainant or a witness;

(b) The employee serves in an advisory or supervisory capacity to the Complainant and/or Respondent or student organization; or (c) The employee determines, for any other reason (e.g., personal prejudice or bias), that he/she cannot be fair or impartial.

History

• Authority: T.C.A. § 49-8-203(a)(1)(D).
• Administrative History: New rules filed July 20, 2021; effective October 18, 2021.

Tenn. Comp. R. & Regs. 0240-10-06-.07 PROCESS: INITIAL STAGES

(1) Reporting and Investigation of Misconduct (a) Receipt and Review of Allegations of Misconduct. OSA may initiate the student conduct process on the basis of written allegations received from any source, including, without limitation, a student, a faculty member, a University residence life employee, or a law enforcement agency. OSA also may initiate the student conduct process in the absence of written allegations if OSA becomes aware, through other means, of potential misconduct committed by a student. Upon receipt of written allegations or other information concerning potential student misconduct, OSA will review the information and determine whether to initiate the student conduct process. OSA’s determination of whether to initiate the student conduct process generally will be based on: the preliminary investigation by OSA or other University official(s), if any, into the allegations received by OSA; OSA’s determination of whether the alleged conduct falls within the jurisdiction of the Code; and OSA’s determination of whether the alleged conduct, if true, violated the Student Code.

(b) Investigation of Allegations of Misconduct. OSA may investigate the allegations against the Respondent by interviewing witnesses and obtaining other information. OSA is not obligated to interview a witness identified by the Respondent or the Complainant if OSA believes the witness is not likely to possess relevant information, is not likely to lead OSA to the discovery of relevant information, or the information the witness is likely to possess is cumulative of other information gathered by OSA. OSA may re-interview the Complainant, the Respondent, and/or any other person at any time during the October, 2021 17 investigation in order to obtain additional and/or clarifying information. Investigations conducted by OSA will be prompt, thorough, and equitable. In conducting an investigation, OSA will act as a fair and impartial party rather than a representative of the person, office, unit, organization, or entity that submitted the allegations to OSA. Parts of OSA’s investigation may occur before, during, and/or after the Educational Conference and/or any other part of the student conduct process. At the conclusion of its investigation, OSA may prepare a written report of the findings of the investigation. The report may include an assessment of the credibility of persons interviewed during the investigation and an assessment of whether it is more likely than not that the Respondent violated the Student Code. OSA may refer the investigation of certain types of allegations to other University offices in accordance with University rules.

(2) Educational Conference for Misconduct.

(a) Scope of the Educational Conference. The Educational Conference is a meeting between OSA and the Respondent in which the following generally occurs:

1. OSA orally informs the Respondent about the allegations made against the Respondent and, if requested by the Respondent, provides the Respondent with a reasonable opportunity to review the written allegations, if any, received by OSA.

2. OSA provides the Respondent with an opportunity to respond to the allegations, including, without limitation, an opportunity to present information to OSA concerning the allegations and identify witnesses whom the Respondent believes OSA should interview to obtain additional information.

3. Both OSA and the Respondent may ask questions of each other and seek clarifying information about the allegations, the possible sanction(s), and the student conduct process.

4. Based on information provided by the Respondent during the Educational Conference, OSA may issue a no-action determination or continue its investigation in order to determine whether it is more likely than not that the Respondent violated the Behavioral Expectations and Responsibilities.

(b) Notice of Educational Conference. A Notice of Educational Conference is a written notice through which OSA notifies the Respondent that OSA has received allegations that the Respondent has engaged in misconduct; instructs the Respondent to attend or schedule an Educational Conference; and provides the Respondent with other information about the student conduct process. A Notice of Educational Conference generally will include the following information:

1. Notice that OSA has begun or will begin an investigation of allegations OSA received concerning the Respondent’s conduct;

2. Notice of a disciplinary hold, if any, that the University has implemented or will implement with respect to the Respondent;

3. A brief description of the Respondent’s alleged conduct;

4. A preliminary list of potential violations of the Behavioral Expectations and Responsibilities, based on the Respondent’s alleged conduct;

5. Notice of the Respondent’s right to be assisted and/or supported by an Advisor throughout the student conduct process, in accordance with Section .12, including information about the role of an Advisor;

October, 2021 18 6. The internet address where the Respondent can review a copy of the Student Code;

7. A date, time, and place for an Educational Conference with OSA to discuss the incident, or, in the alternative, an instruction that the Respondent contact OSA to schedule an Educational Conference within the time frame designated in the Notice of Educational Conference; and 8. Notice of the consequences of failing to comply with OSA’s instruction to attend or schedule an Educational Conference.

(c) Consequences of Failing to Attend or Schedule an Educational Conference. If the Respondent fails to attend or schedule an Educational Conference after OSA has sent the Respondent a Notice of Educational Conference, then the Respondent waives all rights to further participation in the disciplinary process including a Formal Hearing, and OSA has the discretion to deem the Respondent to have accepted OSA’s determination of responsibility for misconduct and may impose appropriate sanction(s) for the misconduct (unless the Respondent’s absence is excused by OSA for good cause). OSA also may determine that the Respondent’s failure to attend the Educational Conference constitutes a separate violation of the Student Code.

(3) Notice of Allegations for General Misconduct. A Notice of Allegations is a written notice that informs the Respondent that OSA has concluded that it is more likely than not that the Respondent violated the Behavioral Expectations and Responsibilities. A Notice of Allegations generally includes, without limitation, the following information: (i) a brief summary of the facts of Respondent’s alleged misconduct; (ii) notice that OSA has determined that it is more likely than not that Respondent violated the Behavioral Expectations and Responsibilities; (iii) notice of the specific Student Code provisions that OSA has determined the Respondent more likely than not violated; (iv) the Respondent’s option(s) to elect a Formal Hearing to contest OSA’s determination of responsibility for misconduct and/or the sanction(s); and (v) the names of witnesses likely to present information concerning the alleged misconduct if the Respondent elects to contest the allegations through a Formal Hearing. OSA may provide the Respondent with a Notice of Allegations during the Educational Conference.

History

• Authority: T.C.A. § 49-8-203(a)(1)(D).
• Administrative History: New rules filed July 20, 2021; effective October 18, 2021.

Tenn. Comp. R. & Regs. 0240-10-06-.08 INTERIM ADMINISTRATIVE ACTIONS

(1) General. In certain situations, the University may impose interim administrative actions prior to the conclusion of the student conduct process. The University shall determine the appropriate interim administrative actions based on the totality of the circumstances. Examples of interim administrative actions include, without limitation, a no-contact directive, a disciplinary hold, and interim restrictions.

(2) No-Contact directive. In cases involving allegations of assault, injury, retaliation or in other cases where there is reason to believe continued contact between a student and specific persons may interfere with those persons’ security, safety or ability to participate effectively in work or studies, the University may issue a written instruction to a student, called a no-contact directive, that prohibits a student from having verbal, physical, written, and/or electronic contact with specific other persons for a definite or indefinite period of time. A no-contact directive also may prohibit a student from being present on designated University-controlled property. Any student, faculty or staff member, or other person with a reasonable justification may request that a no-contact directive be issued to a student.

October, 2021 19 (3) Disciplinary hold. The Respondent’s academic record (including, without limitation, the release of the Respondent’s official or unofficial transcript), degree, ability to register for classes, and/or ability to re-enroll may be placed on disciplinary hold by OSA or by another appropriate University office at the request of OSA for the following reasons: (1) to require the Respondent to participate in the student conduct process (OSA will release the hold after the Respondent attends the Educational Conference but may reinitiate the hold in order to require the Respondent to participate in other parts of the student conduct process); or (2) to require the Respondent to satisfy the terms and conditions of disciplinary sanctions received (the hold shall be released after the terms and conditions have been satisfied). No diploma shall be given and no grades, academic credit, or degree shall be awarded to a student who has been placed on disciplinary hold.

(4) Interim Restrictions. Generally, the status of a student alleged to have violated the Behavioral Expectations and Responsibilities is not affected until the conclusion of the student conduct process. However, the Dean of Students may impose interim restrictions prior to the conclusion of the student conduct process related to the alleged misconduct when the Dean of Students has reasonable cause to believe that (1) a Respondent’s continued presence on Universitycontrolled property or at University-affiliated activities poses a significant risk of substantial harm to the health, safety, or welfare of others or to property or (2) poses an imminent or ongoing threat to the disruption of, or interference with, the normal operations of the University.

Interim restrictions shall be confirmed by notice to the Respondent that explains the basis for the interim restrictions and shall remain in effect until the conclusion of the student conduct process, which should be completed without undue delay. Within three (3) days of the imposition of the interim restrictions, the Respondent shall be offered an opportunity to appear before the Dean of Students in order to discuss the following issues only: (1) the reliability of the information concerning the Respondent’s conduct; and (2) whether the conduct and surrounding circumstances reasonably indicate that the Respondent’s continued presence on University controlled property or at University-affiliated activities poses a significant risk of substantial harm to the health, safety, or welfare of others or to property or poses an imminent or ongoing threat of disruption of or interference with the normal operations of the University.

Examples of interim restrictions include, without limitation, restricting the student’s privileges to participate in University affiliated activities, restricting the student’s privileges to access University-controlled property, and University owned housing removal and/or reassignment.

Restrictions contained within no-contact directives are not interim restrictions.

(5) Interim Removal. If the continued presence of the Respondent on University property would constitute an immediate threat to the physical safety and well-being of the accused, any other member of the University, its guests, property, or would create a substantial disruption of classroom or other University activities, a Respondent may be removed on an interim basis from the University by the Dean of Students. An interim removal is an official separation of the student from the University until the conclusion of the student conduct process or the interim removal is lifted, whichever occurs first. While the interim removal is in effect, the Respondent loses all University rights and privileges including, but not limited to, enrollment privileges except for the rights and privileges to contest the allegations pursuant to the Student Code, shall not represent the University in any official manner, and shall not be present on University property or participate in University affiliated activities without the prior approval of the Dean of Students. When placed on interim removal, the Respondent may be assigned a grade of “W” or “I,” whichever is deemed appropriate by the faculty member involved. A Respondent who violates the terms of an interim removal shall be subject to further disciplinary action and may be treated as a trespasser. An interim removal shall be confirmed by notice to the Respondent that explains the basis for the interim removal and shall remain in effect until the conclusion of the student conduct process, which should be completed without undue delay. Within three (3) days of the imposition of an interim removal, the Respondent shall be offered an opportunity to appear before the Dean of Students to challenge the interim removal decision.

October, 2021 20 (6) Coursework. Coursework performed during the student conduct process shall be considered conditional. Credit for such coursework may be affected, delayed, denied, and/or revoked based on a final finding of misconduct and/or a sanction imposed under the Student Code. In addition, subject to the other provisions of the Student Code, a delay in the granting of a degree may be imposed and/or a degree that was awarded prior to a final decision under the Student Code may be revoked.

History

• Authority: T.C.A. § 49-8-203(a)(1)(D).
• Administrative History: New rules filed July 20, 2021; effective October 18, 2021.

Tenn. Comp. R. & Regs. 0240-10-06-.09 PROCESS: HEARINGS

(1) Hearings. A Hearing is a process through which a Respondent has a right to contest allegations of misconduct and/or the sanctions proposed by OSA by presenting information (including, without limitation, witnesses) to a decision maker other than the University employee(s) who conducted the investigation and/or Educational Conference.

(2) Rights to a Hearing. In every case, the Respondent has the right to resolve allegations of misconduct and/or proposed sanctions through a Student Conduct Board (SCB) Hearing.

(3) How to Request a Hearing. A Formal Hearing may be requested by the Respondent only in writing using the form(s) approved by OSA. Orally requesting a Hearing shall not constitute a valid request for a Hearing.

(4) Consequences of Failing to Timely Elect a Hearing. If the Respondent fails to elect a Hearing within five (5) business days of OSA transmitting a Notice of Allegations to the Respondent, then the Respondent waives all rights to a Hearing, and OSA has the discretion to deem the Respondent to have accepted OSA’s determination of responsibility for misconduct and may impose sanction(s) deemed appropriate by OSA (unless OSA extends the time for the Respondent to request a Formal Hearing for good cause). If OSA extends the time for the Respondent to request a Hearing and the Respondent fails to elect a Hearing within the additional time granted by OSA, then the Respondent waives all rights to a Hearing, and OSA has the discretion to deem the Respondent to have accepted OSA’s determination of responsibility for misconduct and may impose sanction(s) deemed appropriate by OSA.

(5) Notice of SCB Hearing.

(a) When a Notice of SCB Hearing is Sent. If the Respondent requests a SCB Hearing in accordance with Section .09(3), then OSA will send the Respondent and the Complainant a Notice of SCB Hearing at least ten (10) business days in advance of the date of the hearing.

(b) Information in the Notice of SCB Hearing. The Notice of SCB Hearing generally will contain, or be accompanied by, the following information:

1. The date, time, and place of the SCB Hearing (OSA may reschedule the SCB Hearing for good cause and issue a revised Notice of SCB Hearing that contains a new date, time, and place of the SCB Hearing);

2. A copy of the Notice of Allegations;

3. The sanction(s) that the Conduct Educator will request the SCB impose on the Respondent;

4. The names of all witnesses through whom the Conduct Educator is likely to present information during the SCB Hearing;

October, 2021 21 5. A notice of the right to the assistance and/or support of an Advisor during the SCB Hearing;

6. A description of all tangible or electronic information that the Conduct Educator is likely to present to the SCB, such as an investigative report, police report, incident report, witness statements, video or audio recordings, photographs, text messages, or phone records;

7. Notice of the right to request a copy of OSA’s investigative file, redacted in accordance with the Family Educational Rights and Privacy Act of 1974, (20 U.S.C. § 1232g), and the federal regulations implementing that statute, as amended;

8. Notice of the right to request copies of all documents, copies of all electronically stored information, and access to tangible evidence that the University has in its possession, custody, or control and may use to support claims or defenses, unless the use would be solely for impeachment; and 9. Notice of the composition of the Student Conduct Board and the process to request the removal of a member of the SCB on the grounds that the person cannot be fair and impartial in deciding the case.

(6) More than One Respondent. In cases involving more than one (1) Respondent, SCB Hearings concerning each Respondent’s conduct may be conducted separately upon written request of a Respondent submitted at the time of the Respondent’s request for a Formal Hearing. OSA has the discretion to make the final determination of whether to grant such a request and will notify the Respondents of the decision.

(7) Consequences of Failing to Attend a SCB Hearing. If the Respondent fails to attend a SCB Hearing, then the Respondent waives all rights to a SCB Hearing. The SCB may: proceed with the SCB Hearing without the Respondent’s participation; hold the Respondent accountable for all decisions made in the Respondent’s absence, including, without limitation, decisions concerning responsibility for alleged violations of the Behavioral Expectations and Responsibilities; and may determine that the Respondent’s failure to attend the hearing constitutes a separate violation of the Behavioral Expectations and Responsibilities. If the SCB determines, in the Respondent’s absence, that it is more likely than not that the Respondent violated the Behavioral Expectations and Responsibilities, then OSA may implement the sanctions imposed by the SCB and conclude the student conduct process.

(8) Composition of the Student Conduct Board.

(a) Appointment of the SCB.

1. General. The SCB is appointed ad hoc for each hearing by the Director of OSA.

OSA shall appoint a SCB consisting of one (1) voting Chairperson and two (2) voting members. OSA shall not appoint persons on the basis of how OSA anticipates that they will vote. The Chairperson shall be a University faculty member, staff employee, or contractor who has received training from OSA on how to conduct a SCB Hearing. Two (2) voting members and one (1) voting Chairperson constitute a quorum of the SCB that was appointed by OSA in seating any SCB, except as provided in Section .09(8)(a)2. All classifications of the University community (students, faculty, and staff) must be represented by at least one (1) voting member, except as provided in Section .09(8)(a)2.

October, 2021 22 2. Exception for Cases requiring Cross-examination. In cases which require cross examination, the Director of OSA in his/her sole discretion may appoint a nonvoting chairperson to preside over the SCB, make determinations of relevance and document the findings of the SCB. Notwithstanding anything to the contrary in

Section .09(8)(a)1. or Section .09(8)(a)2., all classifications of the University community (students, faculty, and staff) must be represented by at least one (1) voting member.

(b) Fairness and Impartiality of SCB Members. Any member of the SCB who determines that they cannot decide a case fairly and impartially for any reason (including, but not limited to, having a conflict of interest, or personal prejudice or bias) shall excuse themselves from serving on the SCB, in which case OSA shall appoint a substitute member of the panel in accordance with the rules in Section .09(8)(a).

(9) General Provisions Governing SCB Hearings.

(a) Required Pre-Hearing Information and Copies. At least five (5) business days prior to the SCB Hearing, the Complainant and the Respondent must provide the following to OSA in writing:

1. The name of their Advisor, if any, who will attend the SCB Hearing;

2. The names of all witnesses through whom they plan to present information to the SCB and a brief summary of the information that they reasonably anticipate that each witness will provide to the SCB;

3. A copy of all tangible or electronic information that they plan to present to the SCB (including, but not limited to, witness statements, video or audio recordings, photographs, text messages, phone records, medical bills, diagrams). However, they are not required to provide copies of information that is not in a form that allows copying (e.g., weapon; piece of clothing), in which case they should describe the information in writing; and 4. A copy of a statement, if any, that they want the SCB to consider in determining the appropriate sanction to impose on the Respondent if the SCB finds that the Respondent violated a Behavioral Expectation or Responsibility. The Complainant’s statement may include a description of the impact of the Respondent’s alleged conduct on the Complainant. The Respondent’s statement may include a description of any factors the Respondent believes mitigates the alleged misconduct.

(b) During the SCB Hearing, the Complainant and the Respondent may present witnesses who were not identified in the Notice of Formal Hearing only if they comply with this

Section .09(9)(a) (i.e., other witnesses not identified to OSA in writing at least five (5) business days prior to the SCB Hearing will not be allowed). The Complainant and the Respondent are responsible for contacting witnesses who were not identified in the Notice of Hearing, informing them about the date, time, and location of the SCB Hearing, and securing their attendance at the SCB Hearing.

(c) Pre-Hearing Review of Information. Individuals involved with the hearing are responsible for contacting OSA to arrange a time to review the information prior to the hearing if such review is desired and the information has not been made available electronically. No less than three (3) business days prior to the hearing, OSA will make copies of information submitted by the Complainant, the Respondent, and the Conduct Educator available for review by the Complainant, Respondent, their respective Advisors, and members of the SCB. Those individuals will be notified by OSA when materials are available for review.

October, 2021 23 OSA may make the information available electronically. In their sole discretion, OSA may redact irrelevant information prior to making information available.

(d) Recording of the SCB Hearing. The University shall be responsible for making a record (e.g., digital recording) of a SCB Hearing. Deliberations of the SCB shall not be recorded.

The Complainant and the Respondent may take notes during a SCB Hearing, which shall be their own property, but neither the Complainant nor the Respondent may record the hearing using any other method of recording. The University will provide a copy of the record to the Complainant and the Respondent upon request.

(e) Attendance and Participation. Attendance during a SCB Hearing generally is limited to members of the SCB, the Conduct Educator, the Complainant and the Complainant’s Advisor, the Respondent and the Respondent’s Advisor, and witnesses. The Conduct Educator, the Complainant, the Respondent, Advisors, and witnesses may not be present during the deliberations of the SCB. Witnesses may attend the SCB Hearing only while they are presenting information to the SCB, unless the witness is the Complainant or the Respondent. The Chairperson and OSA have the discretion to allow other persons to attend the SCB Hearing, in accordance with state and federal law. The Complainant and the Complainant’s Advisor may attend any part of the SCB Hearing (excluding the deliberations of the SCB), but the Complainant and the Complainant’s Advisor shall be excused from the hearing room when the Respondent’s Education Records or information obtained from the Respondent’s Education Records are disclosed unless the information is also part of the Complainant’s Education Records.

The Chairperson may accommodate concerns for the personal safety, well-being, and/or fears of confrontations of the Complainant, the Respondent, and/or witnesses by permitting attendance or participation by closed circuit television, video conferencing, or other appropriate means, as determined in the discretion of the Chairperson. However, the identity of all persons who present information to the SCB must be made known to the Respondent and the Complainant. The Respondent and the Complainant must be allowed to view and hear a person who is attending or participating by closed circuit television, video conferencing, or other similar means.

(10) Procedural Rules for SCB Hearings.

(a) Right to Challenge the Selection of a SCB Member. Prior to convening the SCB Hearing, the Chairperson shall allow the Complainant and the Respondent to request the removal of a member of the SCB on the grounds that the person cannot be fair and impartial in deciding the case. If the Chairperson determines that the person cannot be fair and impartial, then OSA may appoint a substitute member of the SCB in accordance with

Section .09(8)(a) or, if a quorum of the SCB still exists, remove the SCB member and allow the SCB Hearing to continue without appointing a substitute member.

(b) Authority of the Chairperson. The Chairperson has the authority to maintain order and make all decisions necessary for the fair, orderly, and expeditious conduct of the SCB Hearing. The Chairperson shall be the final decision maker concerning what, how, and in what order information and witnesses are presented to the SCB.

(c) Exclusion of Information. Upon the Chairperson’s initiation or upon request by the Conduct Educator, the Complainant, the Respondent, or a member of the SCB, the Chairperson may exclude the following information from the SCB’s consideration: (1) irrelevant information; (2) information that unreasonably repeats information already provided to the SCB; (3) information that was not provided in advance of the hearing in accordance with Section .09(9)(a), or information from witnesses who were not disclosed in advance of the hearing in accordance with Section .09(9)(a); (4) information that is protected from disclosure under federal or Tennessee law; and/or (5) information about a person’s character or character trait, if the information is being presented to show that October, 2021 24 on a particular occasion the person acted in accordance with the character or character trait.

(d) Persons Who May Present Information. The only persons who may present information and/or witnesses during a SCB Hearing are the Conduct Educator, the Complainant, and the Respondent. The Complainant and the Respondent are responsible for presenting their own information and/or witnesses, if any, to the SCB (an Advisor shall not present information and/or witnesses to the SCB).

(e) Formal Rules. Formal rules of process, procedure, and/or technical rules of evidence, such as those applied in criminal or civil court, are not used in SCB Hearings. The Chairperson shall decide all procedural questions that arise during a SCB Hearing. The Chairperson may consult with OSA for assistance in resolving procedural questions fairly and in accordance with the Code.

(f) Questioning of Witnesses. Witnesses will provide information to the SCB and answer questions from the Chairperson or an agent of the party, as required by applicable law.

The Chairperson may ask questions and/or submit a request for additional information to the Respondent, the Complainant, the Conduct Educator, and/or witnesses. The Conduct Educator, the Respondent and/or the Complainant shall not directly ask questions to each other or other witnesses. The Conduct Educator, the Respondent, the Complainant, and/or members of the SCB may propose questions for the Chairperson to ask witnesses by submitting the proposed questions to the Chairperson in writing during the hearing. The Chairperson has the discretion whether to ask a witness a question proposed by the Conduct Educator, the Respondent, the Complainant, and/or members of the SCB. In cases where the Conduct Educator has proposed suspension or expulsion, the Complainant and the Respondent may have the right to cross- examine any witnesses who participate in the hearing by an advisor of their choice. The method of questioning witnesses outlined in this Section .09(10)(f) is used to preserve the educational tone of the SCB Hearing.

(g) Closing Statements. At the close of the SCB Hearing, the Chairperson may allow the Conduct Educator, the Complainant, and the Respondent equal opportunities to make statements to the SCB summarizing the information presented to the SCB and/or advocating the decision that the SCB should reach. The Conduct Educator and the Complainant may advocate that the SCB impose a specific sanction(s), and the Respondent may respond; however, the Respondent’s record of student conduct maintained by OSA shall not be disclosed to the SCB by the Conduct Educator or the Complainant during the hearing except in accordance with Section .09(11)(c).

(h) Burden of Presenting Information Demonstrating Misconduct. The Conduct Educator bears the burden of presenting information demonstrating that it is more likely than not that the Respondent violated a Behavioral Expectation or Responsibility, as alleged in the Notice of Allegations. Neither the Complainant nor the Respondent is required to present information or witnesses concerning the Respondent’s alleged misconduct. The SCB shall not draw an inference adverse to the Conduct Educator, the Complainant, or the Respondent if the Complainant or the Respondent chooses not to present information or witnesses to the SCB.

(11) Decision of the Student Conduct Board.

(a) Deliberation of the SCB. After the Chairperson determines that all relevant information has been received by the SCB, the SCB will deliberate in private and decide, for each Behavioral Expectation or Responsibility alleged in the Notice of Allegations to have been violated, whether it is more likely than not that the Respondent violated the Behavioral Expectation or Responsibility. The SCB will decide by majority vote whether October, 2021 25 by preponderance of the evidence the Respondent violated the Behavioral Expectations and Responsibilities.

(b) Basis of Decision. The SCB shall not base its decision on information not presented during the SCB Hearing. However, if the SCB requests that additional information be provided after the SCB Hearing, the SCB may consider and base its decision on the additional information, as long as the Conduct Educator, the Respondent, and the Complainant have had a chance to review and respond to the additional information either via a reconvened SCB Hearing or in writing.

(c) Determination of Sanction(s). If the SCB decides that the Respondent violated the Behavioral Expectations and Responsibilities, then the SCB will decide the appropriate sanction(s) by majority vote. In deciding the appropriate sanctions for a Respondent’s misconduct, the SCB may consider: (1) statements submitted by the Complainant and/or the Respondent to the SCB concerning the appropriate sanctions; and (2) a statement about the Respondent’s conduct history, which shall be provided to the Chairperson by OSA in a sealed envelope prior to the SCB Hearing.

(d) Issuance of Notice of Decision. Issuance of Notice of Decision. Within fifteen (15) business days of the conclusion of the SCB Hearing, the Chairperson shall issue a Notice of Decision and transmit a copy of the Notice of Decision to OSA. OSA shall notify the Respondent about the Notice of Decision and provide a copy of the Notice of Decision.

If permitted or required under law, OSA shall notify the Complainant about the Notice of Decision (simultaneously with the notification to the Respondent) and provide a copy of the Notice of Decision to the Complainant.

(e) Information in Notice of Decision. The following information shall be included in the Notice of Decision:

1. For each Behavioral Expectation or Responsibility identified in the Notice of Allegations, the SCB’s decision concerning whether it is more likely than not that the Respondent violated the Behavioral Expectation or Responsibility and the SCB’s rationale for the decision concerning the alleged violation of the Behavioral Expectation or Responsibility, including, without limitation, a brief summary of the information upon which the SCB relied in making its decision;

2. The sanction(s), if any, that the SCB has imposed on the Respondent; and 3. Information about the Respondent’s options, if any, to appeal the decision of the SCB.

History

• Authority: T.C.A. § 49-8-203(a)(1)(D).
• Administrative History: New rules filed July 20, 2021; effective October 18, 2021.

Tenn. Comp. R. & Regs. 0240-10-06-.10 APPEALS

(1) Types of appeals. The Respondent may appeal an SCB decision by either electing:

(a) An internal appeal to an Appeal Reader which shall be governed by the following rules; or (b) In the case of the following sanctions: (1) suspension; (2) expulsion; (3) revocation of degree; or (4) revocation or suspension of the student organization’s University registration, a respondent has the right to a contested case hearing under the Uniform Administrative Procedures Act (“UAPA Hearing”), Tennessee Code Annotated §§ 4-5- October, 2021 26 301 et seq. which is conducted in accordance with state law and the University’s procedures for conducting contested case proceedings.

(2) Appealable Decisions. The Respondent may appeal the decisions of the SCB that are contained in the Notice of Decision, but the grounds for appeal are limited to those described in Section .10(4).

(3) Notice of Appeal. An appeal is valid only if all of the following requirements are met:

(a) An appeal shall be submitted in writing by fully completing a form approved by OSA called a “Notice of Appeal;”

(b) The Notice of Appeal shall be received by OSA within ten (10) business days of the date that OSA transmitted the Notice of Decision; and (c) The Notice of Appeal shall not include information that is not included in the record of the SCB Hearing, unless there is new information as described in Section .10(4)(b).

(4) Grounds for Appeal. The Notice of Appeal shall explain the grounds for the appeal, which shall be limited to one (1) or more of the following grounds:

(a) Material Procedural Error. A procedural error occurred prior to or during the SCB Hearing, and the procedural error reasonably could have had a material impact on the SCB in reaching its decision. Neither the failure of the Respondent or the Complainant to secure the attendance of an Advisor or witness nor the failure of an Advisor or witness to attend or otherwise participate in any phase of the student conduct process constitutes a material procedural error. The failure of the Respondent or the Complainant to attend the SCB Hearing does not constitute a material procedural error.

(b) New Information. New information has been discovered, the information reasonably could have had a substantial impact on the SCB in reaching its decision, and the person submitting the Notice of Appeal did not know and reasonably could not have known about the information at the time of the SCB Hearing.

(c) Conflict of Interest, Personal Prejudice or Bias of a SCB Member. A SCB member had a personal prejudice or bias that precluded them from fairly and impartially hearing the case. The fact that a SCB member voted to find a Respondent responsible or not responsible for violating a Behavioral Expectation or Responsibility does not, by itself, demonstrate that the SCB member had a personal prejudice or bias for or against the Respondent, the Complainant, or the University.

(5) Effective Date of Sanction. The sanction(s) imposed by the SCB shall not be effective during the period in which a Notice of Appeal may be submitted, or, if a procedurally valid Notice of Appeal has been submitted (as determined by Section .10(3), until a Notice of Appeal Decision is issued by the Appeal Reader or Appellate Board, whichever is later.

(6) Determination of Procedural Validity of Notice of Appeal. Within five (5) business days after the receipt of a Notice of Appeal, OSA will determine whether the Notice of Appeal is procedurally valid. A Notice of Appeal is procedurally valid only if it has been fully completed, timely submitted to OSA, does not contain information outside of the record of the SCB Hearing, and does not contain a ground for appeal not listed in Section .10(4). If a Notice of Appeal is procedurally invalid and the time for submitting a Notice of Appeal under this Section .10(3)(b) has expired, then OSA shall send the Conduct Educator, the Respondent, and the Complainant (if permitted or required by law) a notice that the decision of the SCB has become final and any sanction(s) imposed will become effective immediately. However, in a case in which the Notice of Appeal contains information outside of the record of the SCB Hearing or a ground for appeal October, 2021 27 not listed in Section .10(4), OSA may proceed with appointing an Appeal Reader after removing from the Notice of Appeal information that was not included in the record of the SCB Hearing and/or the impermissible ground for appeal.

(7) Appointment of Appeal Reader. The Appeal Reader is the University officer that considers appeals of decisions of the SCB, after a procedurally valid Notice of Appeal has been submitted to OSA. OSA will appoint a pool of persons trained by OSA who are eligible to serve as an Appeal Reader. OSA may appoint University faculty members or University staff employees to be members of that pool. OSA shall not appoint persons on the basis of how OSA anticipates that they will decide. The Director of OSA shall not appoint a person to serve as an Appeal Reader if the person served as a Chairperson or a voting member of the SCB whose decision is being appealed. In addition, an employee who works in OSA or whose direct supervisor is the Conduct Educator who participated in the SCB Hearing shall be ineligible to serve as an Appeal Reader.

(a) Recusal. If the Appeal Reader determines that they cannot decide the appeal fairly and impartially for any reason they shall recuse themselves from serving as the Appeal Reader, in which case OSA shall appoint a substitute Appeal Reader in accordance with this Section .10(7).

(8) Transmittal of Notice of Appeal. After the appointment of the Appeal Reader, OSA shall transmit a copy of the Notice of Appeal to persons who have a need to know about the Notice of Appeal, including, without limitation, the Appeal Reader and all non-appealing parties (e.g., if the Respondent appeals, the Conduct Educator and the Complainant would be the non-appealing parties). A non-appealing party may submit a written response to the Notice of Appeal to the Appeal Reader within three (3) business days of OSA’s transmittal of the Notice of Appeal. The written response shall be limited to: (1) responding to issues raised in the Notice of Appeal and shall not contain information that is not included in the record of the SCB Hearing; and (2) request the removal of an Appeal Reader on the grounds that the person cannot be fair and impartial in deciding the case or conflict of interest. If OSA determines that the person cannot be fair and impartial, then OSA may appoint a substitute Appeal Reader in accordance with this Section .10(7).

(9) Review of the Record. The Appeal Reader’s final decision shall be based on his/her review of the record of the hearing before the SCB, which shall be limited to: (1) the Notice of Allegations;

(2) the Notice of Formal Hearing; (3) the Notice of Decision; (4) the recording and the transcript, if any, of the hearing, and all other information submitted to the SCB during the hearing; and (5) the Notice of Appeal and any written responses, in accordance with this Section .10.

(10) Potential Decisions of the Appeal Reader. The Appeal Reader shall reach one (1) of the following decisions:

(a) Affirm both the SCB’s finding that the Respondent violated the Behavioral Expectations and Responsibilities and the sanctions imposed by the SCB;

(b) Remand the case for a new hearing to be conducted by a new SCB.

(11) Notice of Decision. The Appeal Reader shall communicate their decision through a written notice called a Notice of Appeal Decision. The Notice of Appeal Decision should be issued within ten (10) business days of the submission of the Notice of Appeal. The Notice of Appeal Decision shall be sent to OSA, who will notify the Conduct Educator, the Respondent, the Chairperson of the SCB, and, if permitted or required by law, the Complainant about the Notice of Appeal Decision and provide them with a copy of the Notice of Appeal Decision.

History

• Authority: T.C.A. §§ 4-5-102(3) and 49-8-203(a)(1)(D).
• Administrative History: New rules filed July 20, 2021; effective October 18, 2021. October, 2021 28

Tenn. Comp. R. & Regs. 0240-10-06-.11 PROCESS: RESOLUTION

(1) Resolution by Agreement. At any time during the student conduct process, a Respondent may resolve allegations of misconduct by signing a Resolution Agreement proposed by OSA. A Resolution Agreement is not valid until it is signed by both the Respondent and OSA. By signing a Resolution Agreement, the Respondent:

(a) Accepts responsibility for violating the Behavioral Expectations and Responsibilities;

(b) Agrees to the imposition of the sanction(s); and (c) Waives all rights the Respondent may have to resolve the allegations through a hearing.

(2) Revocation or Appeal of a Resolution Agreement. The Respondent may not revoke or appeal a Resolution Agreement once it has been signed.

(3) Resolution Agreement for Academic Misconduct. In order to resolve an allegation that the Respondent violated Section .04(2) (Academic Misconduct) through a Resolution Agreement, the Respondent shall agree to the imposition of the instructor’s academic sanction described in Section .05(5) in addition to agreeing to the other disciplinary outcomes proposed by OSA contained in Section .05(3) and Section .05(4).

History

• Authority: T.C.A. § 49-8-203(a)(1)(D).
• Administrative History: New rules filed July 20, 2021; effective October 18, 2021.

Tenn. Comp. R. & Regs. 0240-10-06-.12 RIGHTS OF INVOLVED PARTIES

(1) Parties shall have the right to equitable provision of disciplinary procedures and the University will follow its disciplinary process before the imposition of any disciplinary sanctions or other actions that are not supportive measures.

(2) The University will ensure that the burden of proof and the gathering of evidence sufficient to reach a determination regarding responsibility rests on the University and not a complainant or respondent.

(3) The University will require an objective evaluation of all relevant evidence – including both inculpatory and exculpatory evidence – and prohibit credibility determinations based on a person’s status as a complainant, respondent, or witness.

(4) The University will provide the complainant and respondent with the same opportunities to have others present during any disciplinary proceeding, including the opportunity to be accompanied to any related meeting or proceeding by the advisor of their choice, who may be, but is not required to be, an attorney.

(a) The University will not limit the choice or presence of advisor for either the Complainant or Respondent in any disciplinary proceeding; however, an advisor may have no other role in the disciplinary process, including, but not limited to being a witness, a respondent, or a complainant.

(b) The University may establish restrictions regarding the extent to which the advisor may participate in the proceedings, as long as the restrictions apply equally to both parties and are allowed by applicable law.

(5) The University will ensure that staff involved in disciplinary matters are appropriately trained as required by state and federal law.

October, 2021 29 (6) The University will not presume that the respondent is responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of the disciplinary process.

(7) During proceedings, neither the complainant nor the respondent will be required to subject to questioning or disclose evidence or information that is protected under a legally recognized privilege, unless the person holding such privilege has waived the privilege.

(8) The parties have a right to a disciplinary process that is free from conflicts of interest or bias.

(a) A University employee shall not act on behalf of the University in the student conduct process in any case in which the employee is a Complainant or a witness, the employee serves in an advisory or supervisory capacity to the Complainant and/or Respondent or student organization, or where the employee determines, for any other reason (including, but not limited to, personal prejudice or bias), that he/she cannot be fair or impartial.

History

• Authority: T.C.A. § 49-8-203(a)(1)(D).
• Administrative History: New rules filed July 20, 2021; effective October 18, 2021.

Tenn. Comp. R. & Regs. 0240-10-06-.13 DISCIPLINARY HOLDS AND RECORDS

(1) Disciplinary Holds. The Respondent’s academic record (including, without limitation, the release of the Respondent’s official or unofficial transcript), degree, ability to register for classes, and/or ability to re-enroll may be placed on disciplinary hold by OSA or by another appropriate University office at the request of OSA for the following reasons:

(a) To require the Respondent to participate in the student conduct process (OSA will release the hold after the Respondent attends the Educational Conference, but may reinitiate the hold in order to require the Respondent to participate in other parts of the student conduct process);

(b) To require the Respondent to satisfy the terms and conditions of disciplinary sanctions received (the hold shall be released after the terms and conditions have been satisfied); or (c) To require the Respondent to notify OSA or another appropriate University office of their desire to re- enroll at the University.

(2) No diploma shall be given and no grades, academic credit, or degree shall be awarded to a student who has been placed on disciplinary hold. A letter from OSA will accompany the transcript of a student who is requesting their transcripts be sent to another academic institution while having a disciplinary hold detailing that the student has a disciplinary hold.

(3) Maintenance of Student Disciplinary Records. The University maintains student disciplinary records separately from student academic records.

(a) Disclosure of Student Disciplinary Records while a Student is enrolled.

1. While a student is enrolled in the University, OSA may disclose disciplinary records to University officials who have a legitimate educational interest in the disciplinary records, or to students who request to inspect their disciplinary records. OSA may disclose disciplinary records to other persons only in accordance with state or federal law and in some circumstances will be required by state or federal law to disclose disciplinary records (e.g., subpoena, judicial order).

2. While a student is still enrolled in the University but applying for post-graduation employment, transfer, or graduate school, OSA will disclose a student’s October, 2021 30 disciplinary records to persons outside of OSA if the student requests that the information be shared. Notwithstanding the previous sentence, OSA will disclose disciplinary records as required by state or federal law (e.g., subpoena, judicial order).

(b) Disclosure of Student Disciplinary Records after a student is no longer enrolled. After a student is no longer enrolled in the University, OSA will disclose a student’s disciplinary records to persons outside of OSA only if the student requests that the information be shared (including, but not limited to, for the purpose of transferring schools, attending graduate or professional school, to seek admission into a State Bar, completing preemployment background screenings, etc.). Notwithstanding the previous sentence, OSA will disclose disciplinary records as required by state or federal law (e.g., subpoena, judicial order).

(c) Expungement of Student Disciplinary Records. OSA permanently maintains student disciplinary records for students who have received the following sanctions (or their equivalents under previous versions of the Student Code): suspension; expulsion; withholding of degree; or revocation of degree. OSA expunges student disciplinary records for other students who have completed the disciplinary process seven (7) years after graduation, or the last date of enrollment, or after the date the decision becomes final, whichever is later, except as prohibited by law or a University litigation hold.

History

• Authority: T.C.A. § 49-8-203(a)(1)(D).
• Administrative History: New rules filed July 20, 2021; effective October 18, 2021.

Tenn. Comp. R. & Regs. 0240-10-06-.14 AMNESTY FOR GOOD SAMARITANS AND THOSE SEEKING EMERGENCY AID

(1) For Complainants. The University provides amnesty to complainants who may be hesitant to report to University/College officials because they fear that they themselves may be accused of minor violations, such as underage drinking, at the time of the incident. Educational options will be explored, but no conduct proceedings or conduct record will result.

(2) For Those Who Offer Assistance. To encourage students to offer help and assistance to others, the University pursues a practice of amnesty for minor violations when students offer help to others in need. At the discretion of the Dean of Students, amnesty may also be extended on a case-by-case basis to the person receiving assistance. Educational options will be explored, but no conduct proceedings or conduct record will result.

(3) For Those Who Report Serious Violations. Students who are engaged in minor violations, but who choose to bring related serious violations by others to the attention of the University are offered amnesty for their minor violations. Educational options will be explored, but no conduct proceedings or record will result. Abuse of amnesty requests can result in a decision by the Dean of Students not to extend amnesty to the same person repeatedly.

(4) Safe Harbor. The University has a Safe Harbor rule for students. The University believes that students who have a drug and/or addiction problem deserve help. If any University student brings their own use, addiction, or dependency to the attention of University officials outside the threat of drug tests or disciplinary sanctions and seeks assistance, a conduct complaint will not be pursued. A written action plan may be used to track cooperation with the Safe Harbor program by the student. Failure to follow the action plan will nullify the Safe Harbor protection and the conduct processes will be initiated.

History

• Authority: T.C.A. § 49-8-203(a)(1)(D).
• Administrative History: New rules filed July 20, 2021; effective October 18, 2021. October, 2021 31

Tenn. Comp. R. & Regs. 0240-10-06-.15 EMERGENCY POWERS

(1) When in the opinion of the President, conditions are such that there exists a clear and immediate danger to the physical safety or well-being of the members of the University community or safety of University property, he or she may direct that the accused student or organization be suspended pending initiation (and completion) of normal disciplinary proceedings provided those procedures are offered as soon as can reasonably be accomplished. The President may delegate this authority to the Dean of Students.

(2) The President of the University is authorized, at his or her discretion, to intervene in any disciplinary proceeding or to apply and/or modify any sanction imposed or to rescind any previous sanction.

History

• Authority: T.C.A. § 49-8-203(a)(1)(D) and (E).
• Administrative History: New rules filed July 20, 2021; effective October 18, 2021.