Tenn. Comp. R. & Regs. 1720 — University of Tennessee

Chapter 1720-01-01 Classifying Students In-State and Out-of-State

Tenn. Comp. R. & Regs. 1720-01-01-.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: Public Acts of Tennessee, 1839–1840, Chapter 98, Section 5; Public Acts of Tennessee, 1807, Chapter 64; and T.C.A. § 49-9-105.
• Administrative History: Original rule filed November 23, 1976; effective December 23, 1976. Repeal and new rule filed May 27, 1986; effective August 12, 1986. Repeal and new rule filed May 27, 2015; effective August 25, 2015.

Tenn. Comp. R. & Regs. 1720-01-01-.02 DEFINITIONS

Wherever used in these regulations:

(1) “Public higher education 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 or having established 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 are no longer under any legal obligation to support or maintain such 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 emancipated person.

(6) “Continuous enrollment” or “continuously enrolled” shall mean enrollment at a public higher educational institution or institutions of this State as a full-time student, as such term is defined by the governing body of said public higher education 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.” Enrollment shall 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.

(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: Public Acts of Tennessee, 1839–1840, Chapter 98, Section 5; Public Acts of Tennessee, 1807, Chapter 64; and T.C.A. § 49-9-105.
• Administrative History: Original rule filed November 23, 1976; effective December 23, 1976. Repeal and new rule filed May 27, 1986; effective August 12, 1986. Amendment filed October 19, 1995; effective February 28, 1996. Repeal and new rule filed May 27, 2015; effective August 25, 2015.

Tenn. Comp. R. & Regs. 1720-01-01-.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 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: Public Acts of Tennessee, 1839–1840, Chapter 98, Section 5; and Public Acts of Tennessee 1807, Chapter 64.
• Administrative History: Original rule filed November 23, 1976; effective December 23, 1976. Repeal and new rule filed May 27, 1986; effective August 12, 1986. Amendment filed October 19, 1995; effective February 28, 1996. Repeal and new rule filed March 27, 2015; effective August 25, 2015.

Tenn. Comp. R. & Regs. 1720-01-01-.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 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 her parent thereafter is transferred on military orders.

(3) Part-time students who are not domiciled in this State but who are employed full-time in the State 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.

(4) A member of the U.S. Armed Forces on active duty for more than thirty (30) days and who has a permanent duty station in the State of Tennessee (or the spouse or dependent child of such a member) who should 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 continue to apply to such a member, spouse, or dependent child while continuously enrolled at that public higher education institution, notwithstanding a subsequent change in the permanent duty station of the member to a location outside the State.

(5) A person who is domiciled in the Kentucky counties of Fulton, Hickman, or Graves shall be classified out-of-state and shall not be required to pay out-of-state tuition at The University of Tennessee at Martin if qualified for admission. This exemption is on condition that Murray State University in Murray, Kentucky, continues to admit Tennessee residents from selected Tennessee counties to enroll at that institution without payment of out-of-state tuition.

(6) Any dependent child not domiciled in Tennessee but 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 be classified out-of-state but shall not be required to pay outof-state tuition.

(7) A veteran, or any individual entitled to the veteran’s educational benefits, enrolled in any public 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 or the eligible individual:

(a) Is eligible for post-9/11 GI Bill benefits or Montgomery GI Bill benefits; and (b) Enrolls in a public institution of higher education, after satisfying all admission requirements, within three (3) years 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.

To continue to qualify for in-state tuition and fees after three (3) years have passed 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, a veteran or eligible individual shall:

(a) Maintain continuous enrollment (as defined by the public institution of higher education in which the veteran is enrolled); and (b) Demonstrate objective evidence of established residency in this State by presenting at least two (2) of the following:

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

(i) Proof of voter registration in this State;

(ii) A Tennessee driver license;

(iii) A Tennessee motor vehicle registration;

(iv) Proof of established employment in this State; or (v) Other documentation clearly evidencing domicile or residence in the state, as determined by THEC.

(8) Students not domiciled in Tennessee but who are selected to participate in institutional undergraduate honors programs specified by the public higher education institution in which the student is enrolled shall be classified out-of-state but shall not be required to pay out-ofstate tuition.

(9) A “covered individual” under the federal Veterans Access, Choice, and Accountability Act of 2014, Public Law 113-146, who maintains continuous enrollment at the same public institution of higher education.

(10) Any other person who is required to be classified as an in-state student for tuition purposes by applicable federal law or regulation, or who is required or permitted to be classified as an in-state student for tuition purposes by applicable state law or regulation.

History

• Authority: T.C.A. §§ 4-5-208, 49-7-1304, 49-7-1305, 49-9-105, 49-9-209, and 49-9-209(e); 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 rule filed November 23, 1976; effective December 23, 1976. Repeal and new rule filed May 27, 1986; effective August 12, 1986. Amendment filed October 18, 1989; effective January 29, 1990. Amendment filed October 19, 1995; effective February 28, 1996. Repeal and new rule filed May 27, 2015; effective August 25, 2015. Amendments filed December 28, 2016; effective March 28, 2017. Emergency rule filed June 28, 2024; effective through December 25, 2024. Emergency rule expired effective December 26, 2024, and the rule reverted to its previous status. Amendments filed March 28, 2025; effective June 26, 2025.

Tenn. Comp. R. & Regs. 1720-01-01-.05 PRESUMPTION

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

History

• Authority: Public Acts of Tennessee, 1839–1840, Chapter 98, Section 5; Public Acts of Tennessee, 1807, Chapter 64; and T.C.A. § 49-9-105.
• Administrative History: Original rule filed November 23, 1976; effective December 23, 1976. Repeal and new rule filed May 27, 1986; effective August 12, 1986. Repeal and new rule filed May 27, 2015; effective August 25, 2015.

Tenn. Comp. R. & Regs. 1720-01-01-.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 proving 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: Public Acts of Tennessee, 1839–1840, Chapter 98, Section 5; Public Acts of Tennessee, 1807, Chapter 64; and T.C.A. § 49-9-105.
• Administrative History: Original rule filed November 23, 1976; effective December 23, 1976. Repeal and new rule filed May 27, 1986; effective August 12, 1986. Repeal and new rule filed May 27, 2015; effective August 25, 2015.

Tenn. Comp. R. & Regs. 1720-01-01-.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: Public Acts of Tennessee, 1839–1840, Chapter 98, Section 5; Public Acts of Tennessee, 1807, Chapter 64; and T.C.A. § 49-9-105.
• Administrative History: Original rule filed November 23, 1976; effective December 23, 1976. Repeal and new rule filed May 27, 1986; effective August 12, 1986. Repeal and new rule filed May 27, 2015; effective August 25, 2015.

Tenn. Comp. R. & Regs. 1720-01-01-.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 semester during which reclassification is sought and obtained unless application for reclassification is made to the classification officer on or before the last day of regular registration of that semester.

History

• Authority: Public Acts of Tennessee, 1839–1840, Chapter 98, Section 5; Public Acts of Tennessee, 1807, Chapter 64; and T.C.A. § 49-9-105.
• Administrative History: Original rule filed November 23, 1976; effective December 23, 1976. Repeal and new rule filed May 27, 1986; effective August 12, 1986. Repeal and new rule filed May 27, 2015; effective August 25, 2015.

Tenn. Comp. R. & Regs. 1720-01-01-.09 REPEALED

History

• Authority: Public Acts of Tennessee, 1839–1840, Chapter 98, Section 5; and Public Acts of Tennessee 1807.
• Administrative History: Original rule filed November 23, 1976; effective December 23, 1976. Repeal filed May 27, 1986; effective August 12, 1986.

Chapter 1720-01-02 Use of University Property

Tenn. Comp. R. & Regs. 1720-01-02-.01 DEDICATION OF UNIVERSITY PROPERTY

The University of Tennessee (“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. § 49-9-209(e); Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5; and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Emergency rule repealing and replacing the rule with new text filed July 18, 2014; effective through January 14, 2015. Repeal and new rule filed July 18, 2014; effective October 15, 2014. Repeal and new rule filed May 27, 2015; effective August 25, 2015.

Tenn. Comp. R. & Regs. 1720-01-02-.02 DEFINITIONS

(1) The term “University property” means all land, grounds, structures, and any other physical property owned, controlled, or operated by the University of Tennessee.

(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 (e.g., drone, model aircraft).

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 rule filed September 15, 1976; effective October 15, 1976. Repealed by Public Chapter 575; effective July 1, 1986. Emergency rule repealing and replacing the rule with new text filed July 18, 2014; effective through January 14, 2015. Repeal and new rule filed July 18, 2014; effective October 15, 2014. Repeal and new rule filed May 27, 2015; effective August 25, 2015.

Tenn. Comp. R. & Regs. 1720-01-02-.03 AUTHORIZED USERS AND PERMISSIBLE USES

(1) The use of University property is limited to the following persons, subject to Section .03(2) and

Section .05:

(a) University students;

(b) University employees;

(c) Members of the Board of Trustees;

(d) Government officials acting in their official capacities;

(e) A person or entity invited by a University unit, including but not limited to, a person or entity who has a contract to provide services to the University, provided that the use of University property shall not exceed the scope of the University unit’s invitation;

(f) A person who has been invited by a University student, student organization, or employee in his/her personal capacity, to join the student, student organization, or employee in the use of University property (e.g., friends and family), but not including the use of University property for free expression activities, provided that the use of University property shall not exceed the scope of the invitation;

(g) A non-affiliated person using University property for free expression activities pursuant to Chapter 1720-01-12 (Use of University Property by Non-Affiliated Persons for Free Expression Activities);

(h) Volunteers of the University, as defined by University policy, within the scope of their volunteer work;

(i) Prospective students visiting University property and persons accompanying prospective students for purposes reasonably necessary to evaluate the University as an educational institution;

(j) Alumni visiting University property and persons accompanying alumni;

(k) A person who has a right of access to University property under Tennessee Code Annotated § 8-50-1001 or any other statutory provisions permitting access to University property;

(l) Any person or entity engaged in one of the following uses of University property:

1. The use of University property for the purpose of attending a University activity or event that is open to attendance by the members of the general public at a designated place and time (e.g., athletic contests, plays, lectures, concerts);

2. The use of University-owned streets, or University-owned sidewalks bordering University-owned streets, as thoroughfares while traveling from one location to another location;

3. The use of University property that is open to the general public (e.g., campus bookstore, library, museum);

4. The use of University property consistent with the terms of a lease agreement with the University; or 5. The use of University property for a purpose relating to obtaining medical treatment from the University.

(2) The use of University property shall be consistent with the University’s principal missions of teaching, research, and service. A person using University property shall not:

(a) block or substantially impede vehicular, bicycle, pedestrian, or other traffic;

(b) block or substantially impede entrances or exits to University property;

(c) substantially disrupt or interfere with University operations, events, or activities;

(d) substantially disrupt or interfere with the ability of a student to sleep or study in a University residence hall between the hours of 10:00 p.m. and 6:00 a.m. during an academic term;

(e) substantially disrupt or interfere with the ability of a student to study in a University library;

(f) violate a federal, state, or local law, rule, regulation, or ordinance;

(g) violate University rules, policies, or procedures;

(h) 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;

(i) engage in camping in violation of Tennessee law, the Equal Access to Public Property Act of 2012, unless the area on which camping occurs has been specifically designated by the University as available for camping;

(j) unreasonably threaten the health or safety of another person; or (k) damage or deface University property, including, but not limited to, grass, shrubs, trees, or other landscaping.

(3) Nothing in Section .03(2) shall be construed to prohibit a use of University property that has been expressly authorized by the University (e.g., a construction project that temporarily interferes with the use of a street);

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: Emergency rule filed July 18, 2014; effective through January 14, 2015. Original rule filed July 18, 2014; effective October 15, 2014. Repeal and new rule filed May 27, 2015; effective August 25, 2015.

Tenn. Comp. R. & Regs. 1720-01-02-.04 USE OF UNIVERSITY PROPERTY FOR FREE EXPRESSION ACTIVITIES

Chapter 1720-01-12 (Use of University Property by Non-Affiliated Persons for Free Expression Activities) governs the use of University property for free expression activities by persons who are not affiliated with the University. To the extent of any conflict between this Chapter and Chapter 1720-01-12, Chapter 1720-01- 12 shall control.

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 rule filed May 27, 2015; effective August 25, 2015.

Tenn. Comp. R. & Regs. 1720-01-02-.05 NO-TRESPASS NOTICES

(1) A No-Trespass Notice (“Notice”) is a written directive requiring a non-affiliated person to leave and/or not enter all or part of University property.

(2) A sworn law enforcement officer employed by the University may issue a Notice to a nonaffiliated person:

(a) who is not authorized to use University property under 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;

(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 person to whom a Notice has been issued may appeal the decision to the chief of police for the University’s campus/institute.

(b) A non-affiliated person 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 person. Any Notice mailed (or e-mailed) to a non-affiliated person 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 person’s reason for being on University property, the non-affiliated person’s future need to be on University property, and any other information the non-affiliated person 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 person’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 person.

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 person may appeal to the supervisor of the chief of police following the procedures set forth in Section .05(4)(a)- (e).

(5) The law enforcement officer who issued the Notice (or, if the Notice is appealed, the chief of police) may rescind or modify the Notice at any time. Notification of any such rescission or modification shall be provided to the non-affiliated person to whom the Notice was issued.

(6) The issuance of a Notice for conduct relating to free expression activities shall be consistent with Chapter 1720-01-12 (Use of University Property by Non-Affiliated Persons for Free Expression Activities).

(7) 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 .05 shall limit or be construed to limit the exercise of the statutory authority of sworn law enforcement officers of a campus police department to arrest in accordance with the laws of this state or local ordinances. Nor shall anything in this Section .05 limit or be construed to limit the authority of sworn law enforcement officers of a campus police department to issue an oral request instructing a person to leave and/or not enter all or part of University property.

(8) For purposes of this Section .05, the term “non-affiliated person” means any person who is not a University student, student organization, employee, or volunteer.

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 rule filed May 27, 2015; to become effective August 25, 2015. However, the Government Operations Committee filed a 60-day stay of the rule; new effective date October 24, 2015. Amendments filed January 5, 2016; effective April 4, 2016. Agency filed 30 day stay on March 29, 2016; new effective date May 4, 2016.

Tenn. Comp. R. & Regs. 1720-01-02-.06 USE OF UNMANNED AIRCRAFT

(1) The purpose of the restrictions in this Section .06 is to ensure the safe and orderly use of unmanned aircraft on, at, inside, or above University property.

(2) Unmanned aircraft shall not be used:

(a) By a person who is not authorized to use University property under Section .03;

(b) At a time, in a place, or in a manner prohibited under Section .03;

(c) Inside University buildings or facilities;

(d) On or above University-owned streets or University-owned sidewalks;

(e) Above a human being who is either not directly participating in the operation of the unmanned aircraft or not located under a covered structure that can provide reasonable protection from a falling unmanned aircraft;

(f) On or above a University campus within four hours prior to the scheduled kickoff time of an intercollegiate football game on that campus, during the game, or within two hours after the conclusion of the game;

(g) Outside the hours of official sunrise and sunset; or (h) In a manner that violates federal or state law, including, without limitation, regulations issued by the Federal Aviation Administration.

(3) This Section .06 does not apply to unmanned aircraft used by a University unit, including faculty conducting research using unmanned aircraft, or a person or entity with whom the University has contracted to operate an unmanned aircraft; provided, however, that unmanned aircraft shall be used in accordance with federal and state law, including, without limitation, regulations issued by the Federal Aviation Administration.

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 rule filed May 27, 2015; effective August 25, 2015.

Chapter 1720-01-03 Contested Case Hearing - Waiver Policy

Tenn. Comp. R. & Regs. 1720-01-03-.01 INTRODUCTION

(1) The University, with the assistance and advice of students, employees and other members of the University community, has developed procedures for handling a variety of situations involving student and employee rights and privileges. Examples of these procedures, including opportunities for a hearing, are included in the student handbook, faculty handbook and personnel policy and procedure manual. The University believes that these procedures serve well the interests of student and employees in obtaining full and fair hearings, with a minimum of expense, complexity, and inconvenience.

(2) An alternative to these procedures is described in the “Contested Cases” provisions of the “Uniform Administrative Procedures Act”, T.C.A. §4-5-301, et seq. The Act provides that any party whose legal rights, duties or privileges are required by any statute or constitutional provision to be determined after an opportunity for a hearing shall be afforded that opportunity for hearing in accordance with the “Contested Cases” provisions of the Act.

History

• Authority: “Public Acts of Tennessee, 1839-1840”, Chapter 98, Section 5 and “Public Acts of Tennessee, 1807”, Chapter 64.
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Amendment filed August 27, 1981; effective November 30, 1981. Repeal and new rule filed May 27, 1986; effective August 12, 1986. Amendment filed January 13, 1999; effective May 31, 1999.

Tenn. Comp. R. & Regs. 1720-01-03-.02 RIGHT TO HEARING

Whenever a student, employee or other person entitled to a hearing by virtue of the “Uniform Administrative Procedures Act” requests a hearing, that hearing will be conducted in accordance with the provisions of the “Contested Cases” section of the Act unless the party requesting a hearing executes a waiver of right to proceed under the Act and elects to follow the informal procedures set forth in the student or faculty handbook, personnel policies and procedures manual or other applicable University procedure.

A person electing to proceed under the “Contested Cases” provisions of the “Uniform Administrative Procedures Act” shall have no right to be heard on the same matter under a University procedure.

History

• Authority: “Public Acts of Tennessee, 1839-1840”, Chapter 98, Section 5 and “Public Acts of Tennessee, 1807”, Chapter 64.
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Amendment filed August 27, 1981; effective November 30, 1981. Repeal and new rule filed May 27, 1986; effective August 12, 1986. Amendment filed January 13, 1999; effective May 31, 1999.

Tenn. Comp. R. & Regs. 1720-01-03-.03 WAIVER FORMS

Appropriate waiver forms will be made available to students or employees desiring to proceed under the University’s procedures.

History

• Authority: “Public Acts of Tennessee, 1839-1840”, Chapter 98, Section 5 and “Public Acts of Tennessee, 1807”, Chapter 64.
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Amendment filed August 27, 1981; effective November 30, 1981. Repeal and new rule filed May 27, 1986; effective August 12, 1986. -- 1 of 1 --

Chapter 1720-01-04 Policies and Procedure for Personnel Service, Professional Service, and Consultant Service Contracts

Tenn. Comp. R. & Regs. 1720-01-04-.01 BIDDABLE AND NON-BIDDABLE SERVICES

(1)Campus/unit Purchasing Departments should procure the following services through the normal requisitioning and purchase order process.

(a)Services that are amenable to bidding and subject to uniform and impersonal criteria to ensure the proper evaluation of bids.

(b)Items that are combinations of goods and services whose end product is more significant than the service that leads to production or delivery and when the vendor has little control in determining the product’s actual content or form.

Examples of biddable services include printing brochures, developing film, or providing sound equipment for a performance.

(2)Non-biddable services include those that involve highly skilled judgment or training, artistic ability, or other attributes and whose quality depends on an individual’s characteristics and knowledge.

Examples of non-biddable services include designing a brochure, creating works of art, and writing or editing reports.

(3)Departments should contact campus/unit Purchasing Departments if there are questions regarding whether services can be bid.

(4) Before contracts are approved, departments may be required to justify their decision not to bid services. See Appendix A.

History

• Authority: T.C.A. 49-9-209, “Public Acts of Tennessee, 1839-1840”, Chapter 98, Section 5 and “Public Acts of Tennessee, 1807”, Chapter 64.
• Administrative History: Original rule filed March 29, 1978; effective June 14, 1978. Repeal and new rule filed May 27, 1986; effective August 12, 1986. Amendment filed September 20, 1999; effective January 28, 2000.

Tenn. Comp. R. & Regs. 1720-01-04-.03 CONTRACTS FOR AUDITING, FISCAL MANAGEMENT, OR ACCOUNTING SERVICES

(1)The Audit Division of the State Comptroller’s Office is staffed to service most of the University’s needs and requirements for independent audits. However, when federal grants and contracts require an independent audit or other needs exist for auditing or specialized accounting services by firms, the Chief Business Officer should furnish the Executive Vice President and Vice President for Business and Finance or the Treasurer a detailed summary of requirements to present to the State Comptroller’s Office to determine if the State Audit Division can handle these needs or requirements.

(2)If these needs cannot be serviced by the State Audit Division, a contract with an independent firm will be negotiated in accordance with the rules and procedures in this policy. In addition to the other requirements, such contracts require prior approval of the State Comptroller and must include the following provision:

"All audit (or accounting or financial analysis) work papers shall be made available for review by the State Comptroller, or his representatives, upon request during normal working hours either while the analysis is in progress or subsequent to the completion of this contract."

History

• Authority: T.C.A. 49-9-209, “Public Acts of Tennessee, 1839-1840”, Chapter 98, Section 5 and “Public Acts of Tennessee, 1807”, Chapter 64.
• Administrative History: Original rule filed March 29, 1978; effective June 14, 1978. Repeal and new rule filed May 27, 1986; effective August 12, 1986. Amendment filed September 20, 1999; effective January 28, 2000.

Tenn. Comp. R. & Regs. 1720-01-04-.04 EXCEPTIONS TO POLICIES

(1)Certain conditions exist for which the general policies do not apply, including:

(a)Any conflict with applicable law, federal regulations or provisions governing the use of federal grant or contract funds, or other binding contractual commitments.

(b) In certain cases, the Executive Vice President and Vice President for Business and Finance may make exceptions to the rules and procedures in this policy and may direct or approve alternate forms of negotiations for service contracts, provided a statement of the reasons is submitted with the executed contract and maintained in the permanent document files.

History

• Authority: T.C.A. 49-9-209, “Public Acts of Tennessee, 1839-1840”, Chapter 98, Section 5 and “Public Acts of Tennessee, 1807”, Chapter 64.
• Administrative History: Original rule filed March 29, 1978; effective June 14, 1978. Repeal and new rule filed May 27, 1986; effective August 12, 1986. Amendment filed September 20, 1999; effective January 28, 2000.

Tenn. Comp. R. & Regs. 1720-01-04-.05 COMPETITIVE METHODS OF CONTRACTING

(1)Competitive contracting methods must be used unless justification exists for non-competitive methods or informal agreements under 1720-1-4.06. Competitive methods are proposal solicitation and verbal negotiation. In both cases, when the vendor (firm) has been selected, a standard contract should be used whenever possible (see Appendix B).

(a)Soliciting Proposals. When soliciting formal, written proposals from potential vendors (firms), the following procedures should be followed. 1.A Request for Proposal (see Appendix D) should be prepared by the requesting department and should contain:

SERVICE CONTRACTS

(i)A description of the technical requirements for the service to be procured. The proposal should not contain features that unduly restrict competition and should be sufficiently detailed for vendors.

(ii)A request that the cost and noncost sections of the proposal be submitted as separate items.

(iii) The time and place to deliver proposals.

(Note: The request for proposal should provide a reasonable amount of time for vendors to consider the evaluation factors prior to the deadline for submission.

(iv)The time that proposals will be opened.

(v)A statement that the University reserves the right to reject any and all proposals and/or to negotiate further with any or all potential vendors after proposals are received.

(vi)The University’s standard terms and conditions.

(vii)A statement of factors to be considered in proposal evaluations, including:

(I)Prior experience;

(II)Sufficient resources to perform the work adequately;

(III)Qualifications of staff to be assigned to the work, determined from resumes submitted (education, position in firm, and years and types of experience will be considered);

(IV)Vendor’s understanding of work to be performed, determined by evaluating the time estimates for performing each step in the total services proposed;

(V)Price per unit of service; and (VI)Vendor’s terms and conditions.

(viii)A statement specifying any points that may be assigned and/or evaluation instructions that may be used for evaluating the factors listed above. (Note: The appropriate Chief Business Officer [or campus contract officer] must approve the use and type of any formula, model, or criteria that may be used in evaluating cost proposals.) 2.The appropriate Chief Business Officer (or campus contract officer) should send the completed Request for Proposal to all known potential vendors (not more than 15 different vendors are required). A record must be maintained of the vendors who are sent requests. 3.Noncost sections of proposals for each contract will be opened at the time specified in the Request for Proposal. Cost sections will not be opened until the evaluation of the noncost sections of the proposals has been completed. Proposals will be available for public inspection during reasonable hours on working days after the completion of evaluation by the University. 4.Appropriate University personnel will analyze proposals and conduct verbal negotiations if considered advisable. The University may conduct as many negotiation sessions as considered necessary.

SERVICE CONTRACTS

Proposals will be analyzed on the basis of factors pertinent to the service in question.

Contracts will be awarded to the vendor (firm) who offers the best terms, and neither price nor technical factor should be the sole criterion. 5.A vendor (firm) is selected, and an appropriate contract is drafted.

(b)Verbal Negotiation. When two or more sources can provide the desired services, verbal negotiation of the terms of a contract is permitted in any of the following cases: 1.Urgent need for the services prevents formal advertising; 2.Total value of the desired services does not exceed $3,000.00; 3.Rates payable for the services are regulated by law; or 4.No acceptable proposals have been received.

The originating department must provide the campus/unit contract office with sufficient documentation to justify the verbal negotiation method as part of the review process. The campus/unit contract office will certify that the contract meets the criteria for verbal negotiation before it is executed on behalf of the University.

History

• Authority: T.C.A. 49-9-209, “Public Acts of Tennessee, 1839-1840”, Chapter 98, Section 5 and “Public Acts of Tennessee, 1807”, Chapter 64.
• Administrative History: Original rule filed March 29, 1978; effective June 14, 1978. Repeal and new rule filed May 27, 1986; effective August 12, 1986. Amendment filed September 20, 1999; effective January 28, 2000.

Tenn. Comp. R. & Regs. 1720-01-04-.06 NON-COMPETITIVE CONTRACTING (SOLE-SOURCE NEGOTIATION) WITH

VENDORS OR INDIVIDUALS

(1)Non-competitive (sole source) contracting is the negotiation of a contract or agreement with a single vendor (firm) or individual for specialized services when competitive methods would not be feasible or practical.

(a)Vendor or Firm. The University can enter into a non-competitive contract with a vendor or firm when one or more of the following conditions are met: 1.Competitive methods are not feasible or practical, as in the following situations:

(i) When only one product or service can meet the specific need and is available from only one source.

(ii)Urgent need prevents competitive methods.

(iii)Compatibility or consistency with past acquisitions of products or services is essential (e.g., for maintaining continuity of research or avoiding additional costs by changing the supplier of product or service). 2.The contract is for services from another governmental unit, such as a Federal agency, or from another university.

SERVICE CONTRACTS 3.A subcontractor is identified in the prime contract and the subcontract is therefore approved by the funding source. However, a non-competitive subcontract cannot be justified on this basis when another State agency is the proposed funding source (unless 2. above applies).

The originating department must provide the campus/unit contract office with sufficient documentation to justify sole-source negotiation as part of the contract review process.

The campus/unit contract office will certify that the contract meets the criteria for solesource selection before it is executed for the University. (See Appendix A) The campus/unit Purchasing Department must also approve the justification presented for sole-source selection if the contract amount exceeds $50,000. Quarterly, the campus/unit Contract Office (or the Purchasing Department) must send copies of all forms for noncompetitive contracts approved by their office to UWA Audit and Management Services for review.

Note: A formal contract is not required when the cost of the services to be provided is $2,000 or less. However, departments must comply with purchasing requirements for biddable services and may not request multiple invoices for the same service to stay within the $2,000 limit.

(b)Individuals. When a need exists for short-term services from independent contractors, consultants, musicians, entertainers, or professional and academic personnel (visiting lecturers, participants in graduate seminars and colloquia, speakers for special functions, consultants on special projects, etc.), departments may negotiate with appropriate individuals for the desired services in accordance with the following guidelines. 1.A contract is required when the cost of the services to the department exceeds $1,000 per day or $12,000 in a calendar year. An informal written agreement may be entered into and maintained in the department when the cost of the services to the department does not exceed $1,000 per day or $12,000 in a calendar year. 2.Rates of compensation must be in line with prevailing compensation levels for such services, considering academic rank, professional reputation, and advance preparation required. These rates are subject to the approval of the dean of the College or the appropriate administrator and the appropriate Vice Chancellor. 3.The individual may not be an employee of the University of Tennessee, the Board of Regents, or other agency of the State of Tennessee.

(2)When a contract is required to secure services from a vendor or individual, the department obtaining the services should use the University’s standard contract form (see Appendix B), which contains all required terms and conditions.

(3) An invoice from a vendor or individual approved by the department head or a Request for Special Payment (Form T-27 - see Appendix C) prepared by the department must be used to initiate payment for services procured through contracts or informal agreements. Invoices or T-27s should be forwarded to the Treasurer’s Office for payment. (Consult campus/unit procedures statements for required approvals and submission procedures.)

History

• Authority: T.C.A. 49-9-209, “Public Acts of Tennessee, 1839-1840”, Chapter 98, Section 5 and “Public Acts of Tennessee, 1807”, Chapter 64.
• Administrative History: Original rule filed March 29, 1978; effective June 14, 1978. Repeal and new rule filed May 27, 1986; effective August 12, 1986. Amendment filed September 20, 1999; effective January 28, 2000. SERVICE CONTRACTS

Tenn. Comp. R. & Regs. 1720-01-04-.07 APPENDIX AJUSTIFICATION FOR NON-COMPETITIVE CONTRACTS - FORM

The purpose of this justification form is to show that competitive bidding is impractical because only one vendor or contractor can meet a specific need. Purchase requisitions and proposed contracts for goods or services exceeding $2,000 to be obtained non-competitively must be accompanied by this form. The purchasing department or contract office, as appropriate, will determine whether the bid process should be waived on a case-by-case basis. For more information on the University’s purchasing and contracting policies, see Fiscal Policy Sections 050 and 130, respectively.

This form is not required in the following circumstances: (1) services obtained from an individual not exceeding $1,000 per day nor $12,000 in a calendar year, (2) services from speakers, entertainers, or artists for any amount, (3) purchases from existing State or University contracts, (4) contracts for real property acquisition and disposition, (5) real property leases, (6) contracts requiring State Building Commission approval, (7) contracts for legal services, and (8) agreements with Board of Regents institutions and other State agencies.

Note: Properly documented emergency purchases may be excluded from competitive bidding under certain conditions. The purchasing department or contract office should be called as soon as possible to expedite the process. Departments should then complete this form to confirm the emergency.

Please check each applicable item to justify the non-competitive purchase of a product or service and provide detailed explanations in the space provided below.

( )Only one product or service can meet the specific need and the product or service is available from only one source. Describe the unique features and circumstances below.

( )Urgent need or an emergency situation prevents competitive methods. Explain below why competition is/was not feasible.

( )Compatibility or consistency with past acquisitions of products or services is essential (e.g., for maintaining continuity of research or avoiding additional costs by changing the supplier of the product or service). Explain below.

( )The contract is for services from another governmental unit, such as a Federal agency, or from another university. Specify below.

( )A subcontractor is identified in the prime contract; therefore, the subcontract is approved by the funding source. However, a non-competitive subcontract cannot be justified on this basis when another State agency is the proposed funding source (unless the subcontractor is another governmental unit or university). Specify subcontractor below.

Provide a full description to support the justification(s) checked above. Attach additional pages as needed. ________________________________________________________________ Department Head DateRequisition Number, (or person responsible for the account)if applicable Approvals Approved Denied SERVICE CONTRACTS Purchasing Requisitions ()()_______________________________________________ Purchasing DirectorDate ()()_______________________________________________ Chief Business OfficerDate (or designee)

Contracts Between $2,000 and $50,000* ()()____________________________________________________ Contract OfficerDate Contracts Over $50,000* ()()___________________________________________________ Contract OfficerDate ()()____________________________________________________ Purchasing DirectorDate * Copies of these justification forms must be sent quarterly to UWA Audit and Management Services for review.

History

• Authority: T.C.A. 49-9-209, “Public Acts of Tennessee, 1839-1840”, Chapter 98, Section 5 and “Public Acts of Tennessee, 1807”, Chapter 64.
• Administrative History: Original rule filed March 29, 1978; effective June 14, 1978. Repeal and new rule filed May 27, 1986; effective August 12, 1986. Amendment filed September 20, 1999; effective January 28, 2000. 1720-1-4.08APPENDIX BSTANDARD CONTRACT FORM The University of Tennessee Contract (1)This Contract, made and entered into on __________, documents the agreement between The University of Tennessee (hereinafter University) and ________________ (hereinafter Contractor). (2)This Contract consists of this cover page, the University's Standard Terms and Conditions (on reverse), and ____ additional pages. Terms contained on this cover page and the University’s Standard Terms and Conditions shall prevail over those of any attachment unless otherwise stated under "Other terms" below. (3)Contractor will provide the following: SERVICE CONTRACTS (4)The period of performance under this contract is from __________ through . However, the University may terminate this Contract by giving the Contractor at least thirty (30) days written notice before the effective termination date, in which event the Contractor shall be entitled to receive equitable compensation for satisfactory authorized work completed as of the termination date. (5)The University will compensate the Contractor $ per . (6)Other payment terms: (7)The University’s maximum liability under this Contract is $. (8)Other terms (N/A if none): (9)In witness of their acceptance of the terms of this agreement, the parties have had this Contract executed by their duly authorized representatives. FOR CONTRACTOR:FOR UNIVERSITY: ____________________________________________ NameDepartment Name ____________________________________________ TitleResponsible Account (If applicable) ____________________ Address ____________________________________________ Administrative Signature (Optional) ____________________ ____________________________________________ Telephone NumberAuthorized Official ____________________ SSN or Fed. Id. No. Standard Terms and Conditions (1)The University is not bound by this Contract until it is approved by the appropriate University official(s) indicated on the signature page of this Contract. (2)This Contract may be modified only by a written amendment which has been executed and approved by the appropriate parties as indicated on the signature page of this Contract. (3)The Contractor shall not assign this Contract or enter into a subcontract for any of the services performed under this Contract without obtaining the prior written approval of the University. SERVICE CONTRACTS (4)Unless otherwise indicated on the reverse, if this Contract provides for reimbursement for travel, meals or lodging, such reimbursement must be made in accordance with University travel policies. (5)The Contractor warrants that no part of the total Contract amount shall be paid directly or indirectly to an employee or official of the State of Tennessee as wages, compensation, or gifts in exchange for acting as officer, agent, employee, subcontractor, or consultant to Contractor in connection with any work contemplated or performed relative to this Contract, and that no employee or official of the State of Tennessee holds a controlling interest in the Contractor. If the Contractor is an individual, the Contractor certifies that he/she is not presently employed by the University or any other agency or institution of the State of Tennessee; that he/she has not retired from or terminated such employment within the past six months; and that he/she will not be so employed during the term of this Contract. (6)The Contractor shall maintain documentation for all charges against the University under this Contract. The books, records and documents of the Contractor, insofar as they relate to work performed or money received under this Contract, shall be maintained for a period of three (3) full years from the date of the final payment, and shall be subject to audit, at any reasonable time and upon reasonable notice, by the University or the Comptroller of the Treasury, or their duly appointed representatives. These records shall be maintained in accordance with generally accepted accounting principles. (7)No person on the grounds of disability, age, race, color, religion, sex, national origin, veteran status or any other classification protected by Federal and/or Tennessee State constitutional and/or statutory law shall be excluded from participation in, or be denied benefits of, or be otherwise subjected to discrimination in the performance of this Contract. The Contractor shall, upon request, show proof of such non-discrimination, and shall post in conspicuous places, available to all employees and applicants, notice of non-discrimination. (8)The Contractor, being an independent contractor, agrees to carry adequate public liability and other appropriate forms of insurance, and to pay all taxes incident to this Contract. The University shall have no liability except as specifically provided in this Contract. (9)The Contractor shall comply with all applicable Federal and State laws and regulations in the performance of this Contract. (10)This Contract shall be governed by the laws of the State of Tennessee, which provide that the University has liability coverage solely under the terms and limits of the Tennessee Claims Commission Act. (11)The Contractor shall avoid at all times any conflict of interests between his/her duties and responsibilities as a Contractor and his/her interests outside the scope of any current or future Contracts. The following principles define the general parameters of a conflict of interests prohibited by the University: (a)A Contractor’s outside interests shall not interfere with or compromise his/her judgment and objectivity with respect to his/her duties and responsibilities to the University. (b)A Contractor shall not make or influence University decisions or use University resources in a manner that results in: 1.Financial gain outside any current or future Contracts for either the Contractor or his/her relatives or 2.Unfair advantage to or favored treatment for a third party outside the University. SERVICE CONTRACTS (c)A Contractor’s outside financial interests shall not affect the design, conduct, or reporting of research. The Contractor certifies that he/she has no conflicts of interests and has disclosed in writing the following: (a)Any partners or employees of the Contractor who are also employees of the University. (b)Any relatives of the Contractor’s partners or employees who work for the University. (c)Any outside interest that may interfere with or compromise his/her judgment and objectivity with respect to his/her responsibilities to the University. (12)If the Contractor fails to perform properly its obligations under this Contract or violates any term of this Contract, the University shall have the right to terminate this Contract immediately and withhold payments in excess of fair compensation for completed services. The Contractor shall not be relieved of liability to the University for damages sustained by breach of this Contract by the Contractor. (13)It is understood by the Contractor that the University will possess all rights to any creations, inventions, other intellectual property, and materials, including copyright or patents in the same, which arise out of, are prepared by, or are developed in the course of the Contractor’s performance under this Contract. The Contractor and the University acknowledge and agree that the Contractor’s work under this Contract shall belong to the University as "work-made-for-hire" (as such term is defined in U.S. Copyright Law). (14)The Contractor shall submit progress reports to the University at least quarterly, unless the term of this Contract is three months or less. Authority: T.C.A. 49-9-209, “Public Acts of Tennessee, 1839-1840”, Chapter 98, Section 5 and “Public Acts of Tennessee, 1807”, Chapter 64.

Tenn. Comp. R. & Regs. 1720-01-04-.09 APPENDIX CFORM T-27 REQUEST FOR SPECIAL PAYMENT

The University of Tennessee Request for Special Payment _____Independent Contractor Employee Company Name___________________________________Date (Last, First, MI or Company Name)

Address_________________________________________________ ________________________________________________________ ________________________________________________________ Note: Checks and other information will be mailed to this address.

Page 14 of 21 pages SSN/FED ID:_____________________________ Citizen_____ 1 US Citizen SERVICE CONTRACTS Status_____ 2 Resident Alien _____ 3 Non-Resident Alien Visa Type:______________________________ Visa Expiration Date:_______________________ Country of Citizenship:_______________________ For Employees Only:

Sex ___ 1 Male___ 2 Female Marital Status ___ M Married ___ S Single Birthdate_____// Mo Day Year Race___ 1 Caucasian ___ 2 American Indian or Alaskan Native ___ 3 Black ___ 4 Hispanic ___ 5 Asian or Pacific Islander Description of Services Performed______________________________ __________________________________________________________ __________________________________________________________ Dates of Service____________________________________________ Contract Date From__________________ To_____________________ Contract Tracking No.:_______________________________________ Hour/Day/Week_______xRate_______=Amount to Pay_________ Check Stub Information Description of Services_______________________________________ Amount___________________________________________________ Account No. to be Charged____________________________________ Object Code:_______________________________________________ Amount:__________________________________________________ APPROVALS: I hereby certify that, to the best of my knowledge, the above described services have been rendered and it is proper for the University to make payment.

Signature__________________________________________________ Date______________________________________________________ Department Head’s Certification: I hereby certify that the individual identified on the front of this form meets all the conditions stated above and is properly classified as an independent contractor. _____________________________________________________ Authorization Signature Date (1)Employee or Independent Contractor?

SERVICE CONTRACTS

(a)The T-27 form will continue to be used to request special payments for goods or services that fall within the guidelines of Fiscal Policy Statement 05, Section 130, Part 03(C).

(b)Individuals who provide a service to the University must be classified as either an Independent Contractor or an Employee. To determine if a worker is an employee or independent contractor, the University must apply the Internal Revenue common law test of control. Under this test, if the University has the right to control and direct what a worker does and how he/she does it, an employee relationship exists. If there is no control, the worker can be classified as an independent contractor.

(2)Individuals Classified as Independent Contractors:

(a)If an individual meets all of the following conditions, he/she may be classified as an independent contractor: 1.The University controls only the results of the work, not how it gets done. 2.The individual assumes a business risk (assumes all expenses for personnel, equipment and materials) as a result of this association with the University. 3.The individual is responsible for paying and reporting applicable self-employment tax. 4.The individual is free to complete the assigned task without control or direction from the University. 5.The individual’s association with the University normally ceases upon completion of a specified project. 6.The individual is free to work for other entities. 7.The individual has declared himself/herself to be an independent contractor when providing similar services to the general public.

(b)Department Head’s Certification: 1.I hereby certify that the individual identified on the front of this form meets all the conditions stated above and is properly classified as an independent contractor. ________________________________________ Authorization Signature Date (c)If an independent contractor is not a U.S. citizen, a copy (front and back) of his/her I-94 or I-20 form must be obtained and attached to the T-27 form. Non-U.S. citizens are required by the U.S. Federal government to have these documents in their possession.

(3)Individuals Classified as Employees (a) If the individual does not meet the guidelines shown above, he/she must be classified as an employee. The W-4 form provided on the T-27 form must be completed and signed by the individual. Additionally, an I-9 form must be completed and submitted with the T-27 form. If the individual is a non-resident alien, a copy (front and back) of his/her I-94 or I-20 form must accompany the T-27 form. If a non-resident alien qualifies for exemption under a tax treaty, an IRS form 8233 must accompany the T-27 form. Non-resident aliens claiming "resident"

SERVICE CONTRACTS status must complete an IRS form 1078. Forms and further explanation regarding nonresidents are available at the Payroll Office.

History

• Authority: T.C.A. 49-9-209, “Public Acts of Tennessee, 1839-1840”, Chapter 98, Section 5 and “Public Acts of Tennessee, 1807”, Chapter 64.
• Administrative History: Original rule filed March 29, 1978; effective June 14, 1978. Repeal and new rule filed May 27, 1986; effective August 12, 1986. Amendment filed September 20, 1999; effective January 28, 2000.

Tenn. Comp. R. & Regs. 1720-01-04-.10 APPENDIX DREQUEST FOR PROPOSAL

The University of Tennessee (Campus or Unit)

Request for proposal Date_______________ (1)General Requirements (a)Issuing Office 1.This RFP is issued by (name, address and telephone number of University department), which shall be the sole point of contact for purposes of information concerning this RFP.

(b)Submitting Proposals 1.The vendor is to deliver this proposal in the form and detail specified in this request to (address of University department) by (date). 2.Proposals will be opened on (date), at _____ AM:PM. 3.The cost and noncost sections of the proposal must be submitted as separate items.

(c)Accepting or Rejecting Proposals 1.The University reserves the right to reject any and all proposals and/or to further negotiate with any potential vendor after proposals are opened.

(d)Terms 1.The University’s standard terms and conditions are attached and should be included in the contract. The vendor must also meet federal and other State contractual requirements.

(e)Analyzing Proposals 1.The contract will be awarded to the vendor who submits the proposal most advantageous to the University, considering the following criteria:

(i)Prior experience.

(ii)Resources to perform the work adequately.

SERVICE CONTRACTS

(iii)Qualifications of staff to be assigned to the work. This will be determined from resumes submitted. Education, position in firm, and years and types of experience will be considered.

(iv)Vendor’s understanding of work to be performed. This will be determined by evaluation of time estimates for performing each step in the total services proposed.

(v)Price per unit of service.

(vi)Vendor’s contractual terms and conditions.

(f)Evaluation Criteria (if applicable) 1.The proposal criteria will be evaluated in the following manner: [describe any applicable instructions, including any points or weighting, to be used to rank proposals].

(g)Period of contract 1.The contract will cover the term from __________ to __________.

(h)Terminating a Contract 1.Either party has the right to terminate the contract upon ____ days advance written notice.

(i)Maintaining Records 1.For three years, the vendor must maintain documentation for all charges to the University under the contract. These records will be subject to audit.

(j)Approving a Contract 1.No contract will be binding on the University until approved by the President or a Vice President (or designee by the Vice President for Business and Finance).

(k)Unit or Hourly Rates 1.The RFP should specify the applicable unit or hourly rate to allow easier comparison of proposals.

(l)Payments 1.Payments under the contract will be made after an invoice is submitted for performance of the services that each payment represents. The final payment will not be made until after the performance is complete.

(m)Progress Reports 1.Periodic (monthly or quarterly) progress reports are required by the University for contracts in which the term is longer than three months.

(n) Subcontracting SERVICE CONTRACTS 1.If any part of the work is or is to be subcontracted, the vendor’s proposal shall provide a description of the subcontracting organization and the contractual arrangements. All subcontractors will be subject to University approval. The successful vendor will also furnish the corporate or company name and the names of the officers or principals of companies proposed as subcontractors by the vendor.

(2)Proposal Format and Content (a)Vendors should prepare proposals simply, clearly, and economically, providing a concise description of their capabilities to satisfy the requirements of the RFP.

(b)Organizational Support and Experience 1.This section shall contain all data relating to the vendor’s organization, personnel, and experience to substantiate his or her qualifications and capabilities to perform the services described in Section (3) below. It shall be divided into separate statements of:

(i)Work experience.

(ii)Resources to perform the work adequately.

(iii)Qualifications of staff to be assigned to the work. This shall be in the form of resumes, including education, position in the firm, and experience.

(c)Technical Proposal 1.This section shall describe the vendor’s plans for accomplishing the tasks described in

Section (3) below. The information presented should be detailed enough so that the University can ascertain the vendor’s understanding of the work to be performed and should outline the steps in the total services proposed.

(d)Cost Proposal (to be submitted separately) 1.This section shall contain all information relating to cost, commissions, fees, hourly rates, etc. When appropriate, proposals should contain unit or hourly rates limited by a maximum total obligation of the University.

(3)Description and Scope of Services Requested (a)(Description of Services)

History

• Authority: T.C.A. 49-9-209, “Public Acts of Tennessee, 1839-1840”, Chapter 98, Section 5 and “Public Acts of Tennessee, 1807”, Chapter 64.
• Administrative History: Original rule filed March 29, 1978; effective June 14, 1978. Repeal and new rule filed May 27, 1986; effective August 12, 1986. Amendment filed September 20, 1999; effective January 28, 2000.

Tenn. Comp. R. & Regs. 1720-01-04-.02 GENERAL POLICIES

(1)These policies apply to contracts for personal, professional, and consultant services except the following: (i) purchasing contracts for biddable services; (ii) contracts that must be approved by the SERVICE CONTRACTS State Building Commission; (iii) contracts for legal services; (iv) agreements with Tennessee Board of Regents’ institutions and other State agencies.

(a)Each contract should contain the University’s standard terms and conditions as listed on the back of the standard contract form (see Appendix B). Standard contract forms are available from campus/unit Business Offices.

(b)Contracts shall be made on a competitive basis whenever possible (see 1720-1-4-.05).

(c)It shall be determined that the services are necessary and cannot be satisfactorily and economically performed or rendered by internal University sources.

(d)Contracts shall only be entered into with independent contractors. Independent contractors are individuals or firms that (1) are engaged to perform specific services for a stated fee or contracted amount, (2) provide services to the public, and (3) are subject to University control only as to the end results, and not the methods of obtaining them. Individuals who are not independent contractors should be placed on the University’s payroll. If necessary, departments may contact the Treasurer’s Office for assistance. (See Appendix C for guidelines.)

(e)Under ordinary circumstances, contracts shall not be executed for longer than one year; however, longer-term contracts of five years or less may be executed when substantial savings can result or when a special project requires continuing a particular contractor’s services for a longer term. In addition, contracts exceeding five years may be executed if the contract is with an agency of the State of Tennessee or other governmental unit, if the contract requires no expenditure of funds by the University, or if any statutes or regulations specifically authorize a longer term contract in a particular case.

(f)Employees or State officials may not receive, directly or indirectly, any amount of the contract as wages, compensation, or gifts in exchange for acting as an officer, agent, employee, subcontractor, or consultant relative to the contract.

(g)Contracts with current University of Tennessee, Board of Regents, or other State of Tennessee employees are prohibited. Contracts with former employees are also prohibited for six months after termination. For the purposes of applying this policy, individuals will be considered employees until all salary, termination pay, and payments representing annual leave have been made. However, this restriction does not apply to individuals who have an active honorary, volunteer, clinical, non-clinical, affiliated, or special appointment on the University’s payroll system and who have not been paid in the last six months.

(h)Contracts with a company or corporation in which employee(s) of the University, Board of Regents or other agency of the State of Tennessee holds a controlling interest are prohibited during such employment and for six months beyond termination. (An individual with controlling interest owns or controls the largest number of outstanding shares owned by a single individual or corporation, TCA 12-4-101.)

(i)Contracts are prohibited with a firm, company, or corporation in which a University employee, his or her spouse, or dependent children has more than a five percent financial interest (excluding stocks or bonds in a publicly held corporation) and when the employee may directly or indirectly influence vendor selection.

(j)The University department that receives services from a contract executed under these provisions must adequately review the services being rendered and maintain adequate records of SERVICE CONTRACTS these services. After determining that services have been satisfactorily performed, the authorized departmental official will approve and forward a request for payment through normal channels to the Treasurer’s Office. Final payment will not be authorized until the contractor has fulfilled his or her contractual obligations.

(k)A request for payment should be made by submitting the contractor’s invoice(s) or Form T-27, Request for Special Payment (see Appendix C). The following information should be included on Form T-27 or the invoice: 1.Date and amount of request. 2.Contractor’s name, professional title, and home address. 3.Name and address of contractor’s present employer. 4.Contractor’s social security number or federal employer ID number. 5.Description and dates of services performed. 6.Unit of time and rate of pay on which the requested compensation is based. 7.Name and number of account to be charged. 8.Signatures showing the required campus/unit approvals. 9.University contract tracking number.

(l)All contracts must require that periodic (monthly or quarterly) progress reports be submitted to the University, except that contracts in which the term is three months or less need not require such reports. When required, progress reports shall be examined by the University and the work found adequate before the next payment is authorized.

(m)The University may require the contractor to furnish a performance bond or other proof of insurance coverage.

(n)For contracts with corporations, the University may require either or both of the following documentation before approval of the contract: 1.Proper authorization to conduct business as a corporation, including a copy of the corporate charter. 2.Appropriate evidence that the individual signing on behalf of the corporation has

authority to bind the corporation.

(o)Unless otherwise indicated, contracts that provide for reimbursement for travel, meals, or lodging will be authorized and reimbursement paid in accordance with University travel policy, unless payment is to be made from grant or contract funds to which other travel regulations apply.

(p) Any verbal negotiations which may take place shall be conducted in a manner so as not to disclose any information from a competitor’s proposed terms that would unfairly enable another proposer to improve his proposal as a result. No other information shall be given to a proposer that would provide an unfair advantage over others.

History

• Authority: T.C.A. 49-9-209, “Public Acts of Tennessee, 1839-1840”, Chapter 98, Section 5 and “Public Acts of Tennessee, 1807”, Chapter 64.
• Administrative History: Original rule filed March 29, 1978; effective June 14, 1978. Repeal and new rule filed May 27, 1986; effective August 12, 1986. Amendment filed September 20, 1999; effective January 28, 2000. SERVICE CONTRACTS

Chapter 1720-01-05 Procedure for Conducting Hearings in Accordance with the Contested Case Provisions of the Uniform Administrative Procedures Act

Tenn. Comp. R. & Regs. 1720-01-05-.01 CONTESTED CASE PROCEDURES

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

Contested cases may include, but are not limited to:

(a) Student disciplinary proceedings;

(b) Certain employee disciplinary proceedings;

(c) Traffic and parking violation proceedings;

(2) Notice - A hearing in a contested case shall be conducted only after each party to the contested case has been notified in writing of the following:

(a) The time, place, nature of the hearing, and the right to be represented at the party’s own expense by an attorney or, unless prohibited by any provision of law, other representative;

(b) That the hearing is held under authority and jurisdiction granted by Tennessee Code Annotated §§ 49-9-110 and 49-9-209(e)(1);

(c) The particular University rule(s) involved;

(d) A short and plain statement of the matters asserted. (If it is not possible to state the matters in detail at the time the notice is served, the initial notice may be limited to statement of the issues involved. A more definite and detailed statement shall then be furnished by the University at least ten (10) days prior to the time set for the hearing.)

(e) For purposes of this Chapter, “notice” shall be defined as follows:

1. If a party (including the party’s representative) has made an appearance in the contested case and/or following commencement of the contested case provided a physical address, facsimile number, and/or email address in connection with the contested case proceeding, by making a hand delivery or sending documents by U.S. Mail or other national courier service to such address; sending a facsimile transmission to the facsimile number; sending an email transmission to the email address; and/or by any other method authorized by the administrative judge;

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2. In all other situations, by making a hand delivery or sending documents by U.S.

Mail or other national courier service to the party’s last known physical address, sending a facsimile transmission to the last known facsimile number, and/or sending an email to the party’s last known email address. The contact information on file with the University is presumed to be correct for students and employees and for former students and former employees who ceased to have active student or employee status within the eighteen months (18) prior to commencement of the contested case.

(3) Agency Head - As used in these procedures, the term “Agency Head” means: (a) the Chancellor or other head of a campus or institute out of which a contested case arises; and (b) the President or the President’s designee when the contested case arises out of the system administration or when the Chancellor or other head of a campus or institute is not available to serve as Agency Head due to a conflict of interest, recusal, disqualification, or other reason.

(4) Contested cases may be conducted by an administrative judge from the Administrative Procedures Division of the Office of the Secretary of State, by an administrative judge appointed by the Agency Head or the Agency Head’s designee from among the University faculty or staff, or any other person authorized under state law to conduct contested cases.

The person who conducts a contested case is referred to in these procedures as the “administrative judge,” and for purposes of these procedures, the term “administrative judge” shall include a “hearing officer” as defined by the UAPA.

(a) Pre-hearing Proceedings - An opportunity shall be afforded to all parties to respond in person or by attorney, including appropriate responsive pleadings, and present evidence and argument on all issues involved.

(b) The administrative judge assigned to hear the case may, upon his/her own motion or motion of a party, direct the parties and/or the attorneys for the parties to appear for a conference at which the following may be discussed:

1. The simplification of issues;

2. The necessity or desirability of amendments to the pleadings;

3. The possibility of obtaining admissions of fact and of documents which will avoid unnecessary proof;

4. The time within which discovery shall be completed;

5. The limitation of the number of expert witnesses;

6. The consolidation for hearing of actions involving common questions of law or fact;

7. The date for exchanging witness lists and exhibit lists, which shall be exchanged no later than five (5) business days in advance of the hearing; and 8. Such other matters as may aid in the disposition of the action.

Following such a conference, the administrative judge shall issue an order that includes, without limitation, a recitation of the action taken at the conference, the amendments allowed to the pleadings, the time within which discovery shall be completed, and the agreements made by the parties as to any of the matters ADMINISTRATIVE PROCEDURES ACT considered, and that limits the issues for hearing to those not disposed of by admissions or agreements of the parties, and such order when entered shall control the subsequent course of the action, unless modified at the hearing to prevent manifest injustice.

(c) Substitution of Agency Head or Administrative Judge Due to Recusal, Disqualification, or Other Reasons.

1. An Agency Head or administrative judge shall not serve in such capacity if he or she is biased and/or has a conflict of interest and may recuse himself or herself for any reason.

2. An Agency Head or administrative judge shall be subject to disqualification for bias, prejudice, interest, or any other cause provided in Tennessee Code Annotated §§ 4-5-101 et seq. or for any cause for which a judge may be disqualified.

3. Any party may request the disqualification of an Agency Head or administrative judge promptly after notice that the individual will serve or, if later, promptly upon discovering facts establishing grounds for disqualification.

4. The individual whose disqualification is requested shall determine whether to grant the request, stating facts and reasons for the determination.

5. If a substitute is required for an individual who becomes unavailable as a result of recusal, disqualification, or any other reason, the substitute shall be appointed, unless otherwise provided by law, by:

(i) The Agency Head or designee, if the unavailable individual is an administrative judge;

(ii) The President or designee, if the unavailable individual is a Chancellor or other chief executive officer of a campus or institute; or (iii) The Vice Chair of The University of Tennessee’s Board of Trustees or designee, if the unavailable individual is the President.

(d) In any situation not specifically addressed by this Chapter, reference may be made to the Tennessee Rules of Civil Procedure for guidance as to the proper procedure to follow where appropriate and to whatever extent will best serve the interests of justice and the speedy and inexpensive determination of the matter at hand.

(5) Default.

(a) The failure of a party to attend or participate, either personally or through counsel, in a prehearing conference, hearing or other stage of contested case proceedings after notice thereof is cause for holding such party in default. Failure to comply with any lawful order of the administrative judge, necessary to maintain the orderly conduct of the hearing, may be deemed a failure to participate in a stage of a contested case and thereby be cause for a holding of default.

(b) After entering into the record evidence of notice to an absent party, a motion may be made to hold the absent party in default and to adjourn the proceedings or continue in the party’s absence.

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(c) The administrative judge shall not grant a default if notice is inadequate.

(d) If the administrative judge grants a motion for default, the grounds shall be stated and shall thereafter be set forth in a written order. If a default is granted, the proceedings may then be adjourned or conducted without the participation of the absent party.

(e) The administrative judge shall provide all parties notice of entry of default for failure to appear. The defaulting party, no later than fifteen (15) days after notice of default, may file a motion for reconsideration, requesting that the default be set aside for good cause shown and stating the grounds relied upon. The administrative judge may make any order in regard to such motion as is deemed appropriate, pursuant to reconsideration.

(6) Record of Contested Case - The record in a contested case shall include:

(a) All applications, pleadings, motions, intermediate rulings, and exhibits and appendices thereto;

(b) Evidence received or considered, stipulations, and admissions;

(c) A statement of matters officially noticed;

(d) Questions and offers of proof, objections, and rulings thereon;

(e) Any proposed findings or decisions and exceptions;

(f) Any decision, opinion, or report by the Agency Head or administrative judge; and (g) All evidence submitted to the administrative judge or the Agency Head in connection with the case. A record (which may consist of a recording) shall be made of all oral proceedings. Such record or any part thereof shall be transcribed on request of any party, at his/her expense, or may be transcribed by the University at its expense. If the University elects to transcribe the proceedings, any party shall be provided copies of the transcript upon payment to the University of a reasonable compensatory fee. Findings of fact shall be based exclusively on the evidence and on matters judicially noticed.

(7) Filing and Service.

(a) Submission/Filing.

1. All pleadings, motions, and other papers submitted to the Agency Head or administrative judge may be filed by hand delivery, by U.S. Mail, by email transmission, by facsimile transmission, or by any other method authorized by the Agency Head or administrative judge. Any party who submits any paper to the Agency Head or administrative judge must serve the paper on all other parties in the same manner if possible, and if not, in a manner contemplated to provide notice to all other parties on the same date the paper is received by the Agency Head or administrative judge.

2. If any paper is submitted or filed by any form of electronic transmission, it must be sent to the administrative judge at or before 11:59 p.m. local time to be considered filed upon that date. If such electronic transmission is sent after 11:59 p.m. local time, it will be considered submitted or filed the next business day.

(b) Service.

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1. Parties are required to serve on all other parties any pleading, motion, or other paper submitted to the Agency Head or administrative judge, as well as any other paper required to be served on a party by the Tennessee Rules of Civil Procedure. Such service may be completed by hand delivery to a party or its counsel, by U.S. Mail, by email transmission, by facsimile transmission, or by any other method authorized by the Agency Head or administrative judge.

2. Any paper submitted to or filed with the Agency Head or administrative judge must be served on all other parties, or their counsel/representative, and must bear a certificate of service as required by the Tennessee Rules of Civil Procedure.

3. If any paper is served by any form of electronic transmission, it must be sent at or before 11:59 p.m. local time to be considered served upon that date. If such electronic transmission is sent after 11:59 p.m. local time, it will be considered served the next business day.

4. Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other paper upon such party and the notice or paper is served upon such party by mail, three days shall be added to the prescribed period. No time is added to the prescribed period if the notice or paper is served via electronic transmission in compliance with the preceding paragraph. This Section .01(7)(b)4. does not apply to an appeal from an initial order under Section .01(16) or a request for reconsideration under Section .01(17) or a petition for judicial review under Section .01(19).

(8) Motions.

(a) Unless contrary to any express provision of this Chapter any party may file any motion allowed by the Tennessee Rules of Civil Procedure. Unless this Chapter specifically governs the filing, procedure, or resolution of any motion, reference may be made to the Tennessee Rules of Civil Procedure for guidance as to the proper procedure to follow, where appropriate and to whatever extent will best serve the interests of justice and the speedy and inexpensive determination of the matter at hand.

(b) Briefing of any motion shall be as follows: the movant files the initial motion and/or brief, and the nonmovant may file a response. If the nonmovant files a response in opposition to all or part of the motion, the movant may file a reply that addresses only the issues raised in the nonmovant’s response; no new issues may be raised by reply. No further briefing shall be allowed unless permitted by the administrative judge. If a dispute arises as to the scheduling of any briefing, the administrative judge may establish a briefing schedule.

(9) Rules of Evidence - The following rules of evidence shall govern the conduct of a hearing:

(a) The administrative judge shall admit and give probative effect to evidence admissible in a court and when necessary to ascertain facts not reasonably susceptible to proof under the rules of court; evidence not admissible thereunder may be admitted if it is of a type commonly relied upon by reasonably prudent people in the conduct of their affairs.

The administrative judge shall give effect to the rules of privilege recognized by law and shall exclude evidence that is irrelevant, immaterial, or unduly repetitious;

(b) Affidavits may be utilized as follows:

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1. At any time not less than ten (10) days prior to a hearing or a continued hearing, any party shall serve all parties with a copy of any affidavit that it proposes to introduce in evidence in accordance with subsection (b)3. Unless another party, within seven (7) days after service of the affidavit, serves to the proponent a request to cross-examine an affiant, the right to cross-examination such affiant is waived and the affidavit, if introduced in evidence, shall be given the same effect as if the affiant had testified orally. If an opportunity to cross-examine an affiant is not afforded after proper request is made as herein provided, the affidavit shall not be admitted into evidence. Service for purposes of this section shall mean actual receipt;

2. The administrative judge may admit affidavits not submitted in accordance with this section where necessary to prevent injustice; or 3. Notice shall contain the following information and be substantially in the following form:

The accompanying affidavit of (here insert name of affiant) will be introduced as evidence at the hearing in (here insert title of proceeding). (Here insert name of affiant) will not be called to testify orally and you will not be entitled to question affiant unless you notify (here insert name of the proponent or his attorney) at (here insert address) that you wish to cross-examine affiant. To be effective your request must be mailed or delivered to (here insert name of proponent or his attorney) on or before (here insert the date seven days after the date of delivering the affidavit to the opposing party).

(c) Documentary evidence otherwise admissible may be received in the form of copies or excerpts, or by incorporation by reference to material already on file in the contested case. Upon request, parties shall be given an opportunity to compare the copy with the original, if reasonably available;

(d) Every party shall have the right to examine any witness who testifies at the hearing;

(e) The administrative judge may take judicial notice of judicially cognizable facts. In addition, judicial notice may be taken of generally recognized technical or scientific facts within the administrative judge’s specialized knowledge. Parties shall be afforded an opportunity to contest the administrative judge’s decision to take judicial notice prior to the administrative judge taking judicial notice. The administrative judge’s experience, technical competence, and specialized knowledge may be utilized in the evaluation of the evidence even if the facts are not judicially noticed; and (f) Following commencement of a contested case by notice on a party entitled to a hearing, the administrative judge may, upon his/her own action or upon timely motion of any party, decide any procedural question.

(10) Subpoenas.

(a) The administrative judge, at the request of any party, shall issue subpoenas, effect discovery, and issue protective orders in accordance with the Tennessee Rules of Civil Procedure, except that service may be by certified mail in addition to means of service provided by the Tennessee Rules of Civil Procedure. The administrative judge shall decide any objection relating to discovery under this chapter or the Tennessee Rules of Civil Procedure. Subpoenas for taking depositions and for hearing attendance shall be consistent with Rule 45 of the Tennessee Rules of Civil Procedure. The witness shall be entitled to the same fees as are now or may hereafter be provided for witnesses in ADMINISTRATIVE PROCEDURES ACT civil actions in the circuit court, and the party requesting the subpoena shall bear the cost of paying fees associated therewith.

(b) In case of disobedience to any subpoena issued and served under this section or to any lawful administrative judge requirement for information, or of the refusal of any person to testify in any matter regarding which he/she may be interrogated lawfully in a proceeding before an administrative judge, the University may apply to the circuit or chancery court of the county of such person’s residence for an order to compel compliance with the subpoena or the furnishing of information or the giving of testimony.

(c) Any party to a contested case may take the depositions of parties or witnesses, or may serve interrogatories and requests for production of documents upon any party, within or without the state, in the same manner as is provided by the Tennessee Rules of Civil Procedure. Depositions and interrogatories so taken shall be admissible in contested cases. All or any part of the deposition or interrogatory may be objected to at the time of the hearing and may be received in evidence or excluded from the evidence by the administrative judge in accordance with the provisions of these rules regarding evidence.

(d) The right to subpoena witnesses and to compel the production of records, and the right to take depositions shall be subject to such limitations and restrictions as the administrative judge may determine to be necessary to prevent abuse and oppression.

(11) Admission of Facts - Discovery - Inspection of University Files.

(a) After commencement of a contested case, a party may serve upon any other party a written request for the admission by the latter of the genuineness of any relevant documents described in and exhibited with the request or of the truth of any relevant matters of fact set forth in the request. Copies of the document shall be served with the request unless copies have already been furnished. Each of the matters of which an admission is requested shall be deemed admitted unless within a period designated in the request, not less than fifteen (15) days after service thereof or within such shorter or longer time as the administrative judge may allow, the party to whom the request is directed serves upon the party requesting the admission either:

1. A sworn statement denying specifically the matters of which an admission is requested or setting forth in detail the reasons why the party cannot truthfully admit or deny those matters; or 2. Written objections on the ground that some or all of the requested admissions are privileged or irrelevant or that the request is otherwise improper in whole or in

part. If written objections to a part of the request are made, the remainder of the request shall be answered within the period designated in the request. A denial shall fairly meet the substance of the requested admission, and when good faith requires that a party deny only a part or a qualification of a matter of which an admission is requested, the party shall specify so much of it as is true and deny only the remainder.

(b) Any admission made by a party pursuant to a request for such is for the purpose of the pending action only and neither constitutes an admission by the party for any other

purpose nor may be used against the party in any other proceedings;

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(c) In a contested case, depositions may be taken as the same are taken in state courts of record, and the administrative judge shall have the same powers and discretion with respect thereto as are vested in state courts of record;

(d) Parties are encouraged where practicable to attempt to achieve any necessary discovery informally, in order to avoid undue expense and delay in the resolution of the matter at hand. When such attempts have failed, or where the complexity of the case is such that informal discovery is not practicable, discovery shall be sought and effectuated in accordance with the Tennessee Rules of Civil Procedure. Any information, documents, or things not timely disclosed or supplemented in response to a discovery request as required by the Tennessee Rules of Civil Procedure shall not be admitted into evidence at the hearing if offered by the non-disclosing party.

(e) Upon motion of a party or upon the administrative judge’s own initiative, the administrative judge may order that the discovery be completed by a certain date.

(f) Any party to a contested case shall have the right to inspect the files of the University with respect to the matter and to copy therefrom, except that records may not be inspected the confidentiality of which is protected by law.

(g) No discovery shall be submitted to or filed with the administrative judge unless necessary for resolution of a motion or if offered into evidence at the hearing.

(12) Intervention.

(a) The administrative judge shall grant one (1) or more petitions for intervention if:

1. The petition is submitted in writing to the administrative judge with copies served on all parties named in the notice of the hearing, at least seven (7) days before the hearing;

2. The petition states facts demonstrating that the petitioner’s legal rights, duties, privileges, immunities, or other legal interest may be determined in the proceeding or that the petitioner qualifies as an intervenor under any provision of law; and 3. The administrative judge determines that the interests of justice and the orderly and prompt conduct of the proceedings shall not be impaired by allowing the intervention.

(b) The administrative judge may grant one (1) or more petitions for intervention at any time, upon determination that the intervention sought is in the interest of justice and shall not impair the orderly and prompt conduct of the proceedings.

(c) If a petitioner qualifies for intervention, the administrative judge may impose conditions upon the intervenor’s participation in the proceedings as follows:

1. Limiting the intervenor’s participation to designated issues in which the intervenor has a particular interest demonstrated by the petition;

2. Limiting the intervenor’s use of discovery, cross-examination, and other procedures so as to promote the orderly and prompt conduct of the proceedings; and ADMINISTRATIVE PROCEDURES ACT 3. Requiring two (2) or more intervenors to combine their presentations of evidence and argument, cross-examination, discovery, and other participation in the proceedings.

(d) The administrative judge at least twenty-four (24) hours before the hearing shall render an order granting or denying each pending petition for intervention, specifying any conditions, and briefly stating the reasons for the order. The administrative judge may modify the order at any time, stating the reasons for the modification. The administrative judge shall promptly give notice of an order granting, denying, or modifying intervention to the petition for intervention and to all parties.

(13) Continuances.

(a) Continuances may be granted upon good cause shown in any stage of the proceeding.

The need for a continuance shall be brought to the attention of the administrative judge as soon as practicable.

(b) Any case may be continued by mutual consent of the parties when approved by the administrative judge.

(14) Hearing Procedures - The administrative judge conducts the hearing in the following manner.

These procedures may be altered, at the discretion of the administrative judge, in accordance with any pre-hearing order and in order to serve the ends of justice. The administrative judge shall modify these procedures as necessary to comply with state or federal law, including, without limitation, Title IX of the Education Amendments of 1972, the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act), or the Family Educational Rights and Privacy Act of 1974.

(a) Meeting is called to order by the administrative judge;

(b) The administrative judge introduces self and gives a very brief statement of the nature of the proceedings, including a statement of the administrative judge’s and the Agency Head's role in the hearing process;

(c) The administrative judge asks the parties and any present counsel or representatives to introduce themselves;

(d) The administrative judge reads the notice of hearing with reference to appropriate statutes and rules;

(e) In student disciplinary matters, the student facing discipline is asked for a response to the charges; if he/she acknowledges that he/she violated the University rule as alleged, no further hearing may be necessary beyond the establishment of a disciplinary penalty; if he/she denies that he/she violated the University rule as alleged, then the hearing proceeds;

(f) The administrative judge then presents a brief explanation of how the hearing will proceed with respect to the presentation of proof including a statement that crossexamination and re-direct will be completely open and a statement of the admissibility standards for evidence in the hearing.

(g) The administrative judge swears all witnesses, which may be done immediately prior to their testimony;

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(h) The parties are asked if they wish to exclude witnesses from the hearing room. All individual parties, including any intervenors, are permitted to remain in the hearing room. The University is permitted to designate one representative who may remain in the hearing room;

(i) Any preliminary motions, stipulations, or agreed orders are entertained;

(j) The Petitioner is the party bearing the overall burden of proof. Unless otherwise required by law, the Petitioner in a contested case bears the burden of proof by a preponderance of the evidence. The other party is the Respondent. Except as specified in this Rule, the administrative judge makes all decisions regarding which party has the overall burden of proof and the burden of proof on any issue.

(k) The University shall be the Petitioner in the following contested cases:

1. Student disciplinary proceedings;

2. Proceedings involving the termination of a faculty member’s tenure, the termination of a tenure-track faculty member before the expiration of the annual term, the termination of a non-tenure-track faculty member before the end of a definite-term appointment, and as otherwise required by Board of Trustees policy;

3. Proceedings in which a staff employee is contesting the University’s termination of a written employment agreement;

4. Proceedings offered in connection with the support staff grievance process contesting demotion, suspension without pay, or termination for cause; except in cases where the employee alleges unlawful discrimination, discriminatory harassment, or violation of a statute, in which case the employee will be the Petitioner;

5. Proceedings in which the employee contests a termination for gross misconduct; and 6. Traffic and parking citation proceedings.

(l) The employee shall be the Petitioner in employee proceedings not listed in Section 13(k).

(m) Opening statements are allowed;

(n) Unless otherwise directed by the administrative judge, Petitioner calls its witnesses and questioning proceeds as follows:

1. Petitioner questions;

2. Respondent cross-examines;

3. Petitioner re-directs;

4. The administrative judge has discretion to permit re-cross-examination; and 5. The administrative judge may question a witness at any time.

(o) Respondent calls witnesses and questioning proceeds as follows:

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1. Respondent questions;

2. Petitioner cross-examines;

3. Respondent re-directs;

4. The administrative judge has discretion to permit re-cross-examination; and 5. The administrative judge may question a witness at any time.

(p) The parties are allowed to call appropriate rebuttal witnesses with examination proceedings as outlined above;

(q) If any party has more than one (1) attorney, examination (direct examination, crossexamination, and objections) of any one (1) witness may only be performed by one (1) of the party’s attorneys;

(r) Closing arguments are allowed or may be reserved for the filing of post-hearing briefs.

If arguments are allowed, the Petitioner argues first and, following the Respondent’s argument, the Petitioner is entitled to a rebuttal argument;

(s) The administrative judge explains that he/she will consider all of the evidence in the case, as well as supporting written materials to support any legal objections that were made, and that a decision will be written and served on the parties;

(t) The administrative judge closes the hearing.

(15) Initial order and final order.

(a) Upon completion of the hearing, the administrative judge shall render an initial order, which shall become a final order unless review is sought by the University or other party in the manner hereinafter described.

(b) An initial order or final order shall be in writing and shall include conclusions of law, the policy reasons therefor, and findings of fact for all aspects of the order, including the remedy prescribed and, if applicable, the action taken on a petition for stay of the effective date of the order. Findings of fact shall be accompanied by a concise and explicit statement of the underlying facts of record which support the finding. The order must also include a statement of the available procedures and time limits for seeking reconsideration or other administrative relief and the time limits for seeking judicial review of a final order. An initial order shall include a statement of any circumstances under which the initial order may, without further notice, become a final order.

(c) Findings of fact shall be based exclusively upon the evidence of record in the adjudicative proceeding and on matters officially noticed in that proceeding. The administrative judge’s experience, technical competence, and specialized knowledge may be utilized in the evaluation of evidence.

(d) If an administrative judge becomes unavailable, for any reason, before rendition of the initial or final order, a substitute shall be appointed by the Agency Head or designee.

The substitute shall use any existing record and may conduct any further proceedings as is appropriate in the interest of justice.

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(e) The administrative judge may allow the parties a designated amount of time after conclusion of the hearing for the submission of proposed findings and post-hearing briefs.

(f) An initial order shall be rendered within ninety (90) days after conclusion of the hearing or after submission of proposed findings unless such period is waived or extended with the written consent of all parties or for good cause shown.

(g) The administrative judge shall provide notice of the initial order to each party.

(16) Review of Initial Order.

(a) The University or other party may appeal an initial order to the Agency Head, except to the extent that such review is restricted or prohibited by law or rule of the University.

(b) An appeal of an initial order shall be filed with the Agency Head within fifteen (15) days after entry of the initial order. The fifteen (15) day period to file an appeal shall be tolled by submission of a timely request for reconsideration of the initial order in the manner hereinafter stated, and a new fifteen (15) day period shall start to run upon disposition of the request for reconsideration; a request for reconsideration shall be disposed of prior to disposition of an appeal, unless the Agency Head determines that action on the request for reconsideration has been unreasonably delayed.

(c) An appeal shall state the basis for appeal.

(d) The Agency Head, in reviewing an initial order, shall exercise all the decision making power that he/she would have had had he/she presided over the hearing, except to the extent that the issues subject to review are limited by law or rule of the University or by the Agency Head upon notice to all parties.

(e) The Agency Head shall afford each party an opportunity to present briefs and may, in the Agency Head’s discretion, afford each party an opportunity to present oral argument.

(f) Before rendering a final order, the Agency Head may cause a transcript to be prepared, at the University’s expense, of such portions of the proceeding under review as the Agency Head considers necessary.

(g) The Agency Head may render a final order disposing of the proceeding or may remand the matter for further proceedings with instructions to the administrative judge who rendered the initial order. Upon remanding a matter, the Agency Head may order such temporary relief as is authorized and appropriate.

(h) A final order or an order remanding the matter for further proceedings pursuant to this

section, shall be rendered and entered in writing within sixty (60) days after receipt of briefs and oral argument, unless that period is waived or extended with the written consent of all parties or for good cause shown.

(i) A final order or an order remanding the matter for further proceedings shall identify any difference between such order and the initial order, and shall include, or incorporate by express reference to the initial order, all the matters required to be included in an initial order.

ADMINISTRATIVE PROCEDURES ACT

(j) The Agency Head shall provide notice the final order or order remanding the matter for further proceedings to each party and to the administrative judge who conducted the contested case.

(17) Reconsideration.

(a) Any party, within fifteen (15) days after entry of an initial or final order, may file a request for reconsideration, stating the specific grounds upon which relief is requested. The filing of a request for reconsideration shall not be a prerequisite for seeking Agency Head or judicial review.

(b) The request for reconsideration shall be disposed of by the same person rendering the initial or final order, if available.

(c) The person who rendered the initial or final order that is the subject of the petition shall, within twenty (20) days of receiving a request for reconsideration, enter a written order either denying the request, granting the request and setting the matter for further proceedings; or granting the request and issuing a new initial or final order. If no action has been taken on the petition within twenty (20) days, the request shall be deemed to have been denied.

(d) An order granting a request for reconsideration and setting the matter for further proceedings shall state the extent and scope of the proceedings, which shall be limited to argument upon the existing record. No new evidence shall be introduced unless the party proposing such evidence shows good cause for the failure to introduce the evidence in the original proceeding.

(e) The sixty (60) day period for a party to file a request for review of a final order shall be tolled by granting the request for reconsideration and setting the matter for further proceedings, and a new sixty (60) day period shall start to run upon the disposition of the request for reconsideration by issuance of a final order by the agency.

(f) A party may submit to the person entering the order a request for stay of effectiveness of an initial or final order within seven (7) days after its entry unless otherwise provided by statute or stated in the initial or final order. Action may be taken on the request for stay, either before or after the effective date of the initial or final order.

(18) Effective date of new order.

(a) Unless a later date is stated in an initial or final order, or a stay is granted, an initial or final order shall become effective upon entry of the initial or final order. All initial and final orders shall state when the order is entered and effective.

(b) All initial orders shall be signed by the administrative judge conducting the contested case, or a substitute appointed by the Agency Head, and all final orders shall be signed by the Agency Head or another University official authorized by the Agency Head to sign such final order in his/her absence.

(c) A party may not be required to comply with the final order unless the party has been provided notice of the final order.

(d) Unless a later date is stated in an initial order or a stay is granted, an initial order becomes a final order fifteen (15) days after entry of the initial order if no appeal is taken from the initial order.

ADMINISTRATIVE PROCEDURES ACT

(19) Judicial Review. Judicial review is permitted in accordance with Tennessee Code Annotated § 4-5-322 by filing a petition for review in the chancery court of Davidson County, unless another court is specified by statute, within sixty (60) days after the entry of a final order.

(20) Ex parte communication.

(a) Unless required for the disposition of ex parte matters specifically authorized by statute, an administrative judge or an Agency Head serving in a contested case proceeding may not communicate, directly or indirectly, regarding any issue in the proceeding, while the proceeding is pending, with any person without notice and opportunity for all parties to participate in the communications.

(b) Nothing in subsection (a) is intended to preclude an administrative judge or Agency Head from communicating with staff assistants, the University’s General Counsel and members of the General Counsel’s staff, or outside counsel about matters other than the contested case if such persons do not receive ex parte communications of a type that the administrative judge or Agency Head would be prohibited from receiving, and do not furnish, augment, diminish, or modify the evidence in the record.

(c) Unless required for the disposition of ex parte matters specifically authorized by statute, no party to a contested case, and no other person may communicate, directly or indirectly, in connection with any issue in that proceeding, while the proceeding is pending, with the Agency Head or any person serving as an administrative judge, without notice and opportunity for all parties to participate in communication.

(d) If the Agency Head or administrative judge, before serving in that capacity, receives an ex parte communication of the type which may not properly be received while serving, he/she shall promptly disclose such communication to all parties to the contested case.

This provision does not apply to a communication between an Agency Head and the University’s General Counsel, members of the General Counsel’s staff, or outside counsel if the communication is protected by the attorney-client privilege; provided, the Agency Head shall be subject to disqualification for bias, prejudice, interest, or other cause, including for any cause for which a circuit judge may be disqualified.

(e) An administrative judge or Agency Head who receives an ex parte communication in violation of this section shall place in the record of the pending matter all written communications received, all written responses to the communications received, all written responses to the communications, and a memorandum stating the substance of all oral communications received, all responses, made, and the identity of each person from whom the person received an ex parte communication, and shall advise all parties that these matters have been placed on the record. Any party desiring to rebut the ex parte communication shall be allowed to do so, upon requesting the opportunity for rebuttal within ten (10) days after notice of the communication.

History

• Authority: T.C.A. §§ 4-5-102(3); 49-9-209(e); Public Acts of Tennessee, Chapter 168; Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5; Public Acts of Tennessee, 1807, Chapter 64; and Public Acts of Tennessee, 1978, Chapter 938, Section 1.
• Administrative History: Original rule filed October 16, 1979; effective November 30, 1979. Amendment filed July 29, 1983; effective October 14, 1983. Repealed and new rule filed May 27, 1986; effective August 12, 1986. Repealed and new rule filed October 31, 1990; effective January 29, 1991. Amendment filed July 30, 1991; effective October 29, 1991. Amendment filed January 13, 1999; effective May 31, 1999. Amendment filed November 17, 2000; effective March 30, 2001. Repeal and new rule filed February 23, 2018; effective May 24, 2018. ADMINISTRATIVE PROCEDURES ACT

Tenn. Comp. R. & Regs. 1720-01-05-.02 REPEALED

History

• Authority: T.C.A. §§ 4-5-219; 4-5-301; 4-9-110; Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5; and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed October 31, 1990; effective January 29, 1991. Repeal filed January 13, 1999; effective May 31, 1999. Repeal filed February 23, 2018; effective May 24, 2018.

Chapter 1720-01-06 Records Requiring Confidentiality

Tenn. Comp. R. & Regs. 1720-01-06-.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. §10-7-503.
• Administrative History: Original rule filed August 31, 1995; effective December 30, 1995. -- 1 of 1 --

Chapter 1720-01-07 Solicitation on University Property

Tenn. Comp. R. & Regs. 1720-01-07-.01 SOLICITATION IN NON-PUBLIC AREAS OF THE UNIVERSITY

Both commercial and noncommercial solicitation are prohibited in non-public areas of the University.

History

• Authority: Public Acts of Tennessee, 1839-1840, chapter 98, Section 5 and Public Acts of Tennessee, 1807, chapter 64.
• Administrative History: Original rule filed July 29, 1983; effective October 14, 1983. Repeal and new rule filed May 27, 1986; effective August 12, 1986.

Tenn. Comp. R. & Regs. 1720-01-07-.02 SOLICITATION IN PUBLIC AREAS

Solicitation and sales in public areas of the University are restricted to invitees and registered organizations, faculty staff and students of the University and are subject to reasonable restrictions as to time, place and manner.

History

• Authority: Public Acts of Tennessee, 1839-1840, chapter 98, Section 5 and Public Acts of Tennessee, 1807, chapter 64.
• Administrative History: Original rule filed July 29, 1983; effective October 14, 1983. Repeal and new rule filed May 27, 1986; effective August 12, 1986.

Tenn. Comp. R. & Regs. 1720-01-07-.03 SOLICITATION OF FUNDS BY STUDENT ORGANIZATIONS

(1)As it pertains to student organizations, “solicitation” is defined as the seeking of funds or support by a registered student organization from sources other than its members including the procurement of supplies, and other forms of support, and the selling and distribution of items, materials or products and services.

(2)Registered student organizations may be authorized to solicit on campus as long as such solicitation is consistent with the aims of the organization and is not for the personal benefit of members. In interpreting the aims or purposes of the registered student organization, the statement in its constitution will be followed.

(3)Requests for approval of any form of solicitation must be made in writing to the Office of the Chief Student Affairs Officer not later than seven business days preceding the date of the proposed date of the activity. Special forms for making requests are provided in the Office of the Chief Student Affairs Officer. Following content approval by the Office of the Chief Student Affairs Officer, the requesting organization must make appropriate arrangements and scheduling with the administrative office of the facility to be used. Content approval for the project is not a guarantee of the availability of the space.

The Office of the Chief Student Affairs Officer will assist the organization in scheduling and coordinating outdoor space with the appropriate Facilities Management Office. Ordinarily, the academic buildings and the non-public areas of the Residence Halls will not be used for purposes of solicitation.

History

• Authority: T.C.A. §4-9-209(e).
• Administrative History: Original rule filed May 27, 1986; effective August 12, 1986. Amendment filed November 17, 2000; effective March 30, 2001.

Chapter 1720-01-08 Assembly Policy

Tenn. Comp. R. & Regs. 1720-01-08-.01 INTRODUCTION

(1) The right of peaceable assembly is a guaranteed constitutional right and one which this institution does not intend to abrogate.

(2) The following regulations are intended to enumerate the essential provisions necessary to reconcile freedom of assembly with responsibility in any campus meeting conducted for the purpose of expressing opinions of the participants

History

• Authority: Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5 and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed July 29, 1983; effective October 14, 1983. Repeal and new rule filed May 27, 1986; effective August 12, 1986.

Tenn. Comp. R. & Regs. 1720-01-08-.02 PEACEABLE ASSEMBLY: DESCRIPTION

Student gatherings may be conducted in areas which are generally available to the public, provided such gatherings:

(1) Are conducted in an orderly and peaceful manner;

(2) Do not obstruct in any way vehicular or pedestrial traffic;

(3) Do not interfere with classes, scheduled meetings, events, and ceremonies, or with other essential processes the University;

(4) If inside a building, are held in an assigned meeting room.

History

• Authority: Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5 and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed July 29, 1983; effective October 14, 1983. Repeal and new rule filed May 27, 1986; effective August 12, 1986.

Tenn. Comp. R. & Regs. 1720-01-08-.03 ADVANCED APPROVAL: PROCEDURES

(1) Only meetings which have been approved in advance through the proper office may be held:

(a) Within University buildings;

(b) Within Univerity stadia;or (c) Adjacent to residential or academic facilities of the campus.

(2) Meetings which would impose an unusual demand upon staff or facilities must have approval regardless of where they are held on campus. -- 1 of 2 --

History

• Authority: Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5 and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed July 29, 1983; effective October 14, 1983. Repeal and new rule filed May 27, 1986; effective August 12, 1986.

Tenn. Comp. R. & Regs. 1720-01-08-.04 DISCIPLINARY ACTION

Violations of the above University policy will result in appropriate 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 rule filed July 29, 1983; effective October 14, 1983. Repeal and new rule filed May 27, 1986; effective August 12, 1986. -- 2 of 2 --

Chapter 1720-01-09 Policy Relative to Monthly Payment of Room and/or Board Charges by Students

Tenn. Comp. R. & Regs. 1720-01-09-.01 GENERAL POLICY

It shall be the responsibility of each campus and unit of The University of Tennessee which offers housing facilities and/or cafeteria services to students to establish administrative procedures as are necessary to administer effectively a plan for the monthly payment of room and/or board charges in accordance with the provisions of this policy as set forth below.

History

• Authority: Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5 and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed July 29, 1983; effective October 14, 1983. Repealed by Public Chapter 575; effective July 1, 1986. New rule filed May 27, 1986; effective August 12, 1986.

Tenn. Comp. R. & Regs. 1720-01-09-.02 PLAN REQUIREMENTS

(1) To be eligible for monthly payment of room and/or board charges, each participant under this plan must pay a rent deposit in an amount no greater than the equivalent of one month’s room rent but not less than $100 and/or a board deposit in an amount no greater than the equivalent of one month’s board charges. (In the interest of efficient administration of this program, each campus shall have the prerogative of establishing uniform minimums for said room and/or board deposits to be required equally of all participants irrespective of the dif fering rent and/or board rates.) The rent deposit which is required of participants under this plan shall be in addition to the damage deposit required of all persons living in University owned housing facilities.

(2) Each quarter or semester, participants, when enrolling under this plan, shall be assessed an administrative services charge in the amount of $10 to defray routine administrative costs.

This charge shall be due and payable at registration.

(3) Persons who participate in this plan must pay the first monthly installment on room and/or board charges at the time of registration for each quarter or semester. The remaining balance will be paid in accordance with a payment schedule which requires equal installments at four week intervals beginning with the last day of registration. Said schedule may not, however, extend payment beyond the last day of the quarter or semester.

(4) Each participant under this program shall be provided with a written statement of the rules which govern program participation and a written schedule of payment due dates. Said statement and schedule shall be prepared in duplicate and signed by the participant acknowledging willingness to abide by the provisions set forth therein. One copy of the signed document shall be retained by the office charges with responsibility for administering this program.

(5) A late payment charge in the amount of $25 to defray additional administrative costs will be assessed on each monthly installment which is not paid on or before the due date for that installment. In the case of board charges, when an installment has not been paid on or before the scheduled due date, an order of immediate suspension of cafeteria charge privileges will (Rules 1720-01-09-.02, continued) be issued. Reimbursement will not be made for the value of meals lost during the interval between the issuance of a suspension order and the reinstatement of an account following payment of the past due installment and the $25 late payment charge.

(6) When an installment is paid by check which is subsequently returned by reason of insufficient funds or other negligence on the part of the participant, said payment shall be considered delinquent. The participant shall then be subject to the late payment charge, a suspension of cafeteria charge privileges, if applicable, and University’s standard charges relative to returned checks.

(7) The damage, rent and board deposits which are required of person who participate in this plan are intended as standing deposits which are refundable upon cessation of participation and/or when the person no longer resides in University owned and operated facilities.

However, in the event the University is unable to collect in full and amounts due the University for fees, room or board, said deposits shall be applied toward payment of such amounts to issuance of any refund.

(8) Provided said rent and/or board deposits are not refunded or otherwise applied as payment against outstanding charges, said deposits may (at the discretion of each campus) be allowed to remain at the initially established level despite subsequent increases in room and/or board charges. However, if said deposit(s) are refunded or applied as credit(s) against outstanding charges, and the individual wishes to continue participation in this program, said deposit(s) must be reestablished at the prevailing level(s) in accordance with provisions set forth in Paragraph 1.

(9) When enrolling under this plan, it shall be understood by the participant that in the event the services of an attorney are required in order to collect the unpaid balance, said participant shall be responsible for payment of attorney’s fees in an amount equal to no less than 20 percent of the unpaid balance or the actual cost of legal services, whichever is greater.

(10) Person whose accounts with the University have not been paid in full by the last day of each quarter or semester, shall not be readmitted for subsequent quarter of semesters and a hold will be placed on all grade reports and transcripts until all outstanding amounts and applicable service charges have been paid in full.

(11) Upon determination and documentation by the director of the office charges with administration of this plan of a participant’s repeated failure to abide by the rules set forth herein, said participant may be denied the privilege of further participation in the plan for a period of not less than three academic quarters or two academic semesters. Reinstatement of participation privileges at the end of this period shall be at the discretion of the director based on his or her assessment of the individual’s willingness to abide by the rules governing this program. Further offenses after reinstatement will result in a permanent loss of monthly payment privileges.

(12) Persons who apply for participation in this program and who are recipients of financial aid whether in the form of a grant or loan must first apply such aid toward payment of tuition, room and board charges.

(13) Students who voluntarily withdraw from school must immediately notify the appropriate campus administrative office in accordance with locally established procedures. Information on local withdrawal procedures may be obtained from the campus business office.

Withdrawal from school will not cancel fees and charges already incurred.

(Rules 1720-01-09-.02, continued)

History

• Authority: Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5 and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed July 29, 1983; effective October 14, 1983. Repealed by Public Chapter 575; effective July 1, 1986. New rule filed May 27, 1986; effective August 12, 1986.

Chapter 1720-01-10 University Identification Card

Tenn. Comp. R. & Regs. 1720-01-10-.01 UNIVERSITY IDENTIFICATION

Each student at The University of Tennessee is required to obtain and carry an official University identification card. This card is used to check out books from the library, use University check cashing services, gain admission to certain events sponsored by the University or student organizations, obtain discounts on items from certain local business, and establish the student’s right to use University facilities. The card is property of the University and may be reclaimed if used by any person other than the one whose signature and/or photo it bears. The identification card must be shown when requested by any University official.

History

• Authority: T.C.A. §4-9-209(e).
• Administrative History: Original rule filed January 12, 1984; effective April 15, 1984. Repeal and new rule filed May 27, 1986; effective August 12, 1986. Amendment filed November 17, 2000; effective March 30, 2001.

Tenn. Comp. R. & Regs. 1720-01-10-.02 REPEALED

History

• Authority: Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5 and Public Acts of Tennessee 1807, Chapter 64.
• Administrative History: Original rule filed January 12, 1984; effective April 15, 1984. Amendment filed October 16, 1984; effective January 14, 1985. Repeal filed May 27, 1986; effective August 12, 1986. -- 1 of 1 --

Chapter 1720-01-11 Public Records

Tenn. Comp. R. & Regs. 1720-01-11-.01 INTRODUCTION

(1) This rule is adopted for The University of Tennessee by The University of Tennessee Board of Trustees to provide economical and efficient access to public records as provided under the Tennessee Public Records Act. The Tennessee Public Records Act provides that all public records must, at all times during business hours, be open for personal inspection by any citizen of the state of Tennessee, and those in charge of the public records must not refuse such right of inspection to any citizen of the state of Tennessee, unless otherwise provided by law. Accordingly, the public records of The University of Tennessee are presumed to be open for inspection unless otherwise provided by law.

(2) University employees must timely and efficiently provide access and assistance to persons requesting to inspect or receive copies of public records. The provisions of this rule must not be used to hinder access to non-confidential public records. However, the integrity, confidentiality, and organization of public records, as well as the efficient and safe operation of the University, must be protected as provided by law.

(3) Concerns about this rule should be addressed to the appropriate Public Records Request Coordinator or to the Tennessee Office of Open Records Counsel.

(4) This rule is based on policies and guidelines published by the state of Tennessee’s Office of Open Records Counsel as of November 2, 2018, including the Model Public Records Policy, the Best Practices & Guidelines document, the Safe Harbor Policy, the Schedule of Reasonable Charges, and the Reasonable Charges for Frequent and Multiple Requests Policy.

(5) This rule must be applied consistently throughout the various units of the University.

History

• Authority: T.C.A. §§ 10-7-503, et seq.; 10-7-506(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: Public necessity rule filed October 31, 2008; effective through April 14, 2009. Public necessity rule filed October 31, 2008, and effective through April 14, 2009, expired effective April 15, 2009, and rule reverted to its previous status. Original rule filed February 26, 2009; effective June 26, 2009. Repeal filed September 26, 2017; effective December 25, 2017. New rules filed December 10, 2018; effective March 10, 2019.

Tenn. Comp. R. & Regs. 1720-01-11-.02 DEFINITIONS

(1) “Office of Open Records Counsel” means the office established by T.C.A. §§ 8-4-601, et seq., within the Tennessee Comptroller of the Treasury.

(2) “Public record(s)” or “record(s)” means 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 in connection with the transaction of official business by The University of Tennessee.

“Public record(s)” does not mean the device or equipment that may have been used to create or store a public record including, but not limited to, a cell phone, computer, or other electronic or mechanical device or equipment.

(3) “Public Records Request Coordinator” or “PRRC” means the individual, or individuals, designated in Section .03(2) who has, or have, the responsibility to ensure that public records requests are routed to the appropriate records custodian and are fulfilled in accordance with the TPRA. The Public Records Request Coordinator may also be a records custodian and/or a designee of the Public Records Request Coordinator.

(4) “Public Records Request Response Form” means the records request response form developed by the Office of Open Records Counsel in accordance with T.C.A. § 10-7- 503(a)(2)(B).

(5) “Records custodian” means the University unit, 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 a public record.

(6) “Requestor” means a person seeking access to a public record, whether it is for inspection or duplication.

(7) “TPRA” or “Tennessee Public Records Act” means the state law codified in T.C.A. §§ 10-7- 501 et seq.

(8) “The University of Tennessee” or “University” means the campuses, centers, units and institutes of The University of Tennessee, and all their constituent parts, and The University of Tennessee system administration. Neither “The University of Tennessee” nor “University” means The University of Tennessee Foundation, Inc., or The University of Tennessee Research Foundation.

(9) “University unit” means any academic, administrative, or auxiliary office, 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.

History

• Authority: T.C.A. §§ 10-7-503, et seq.; 10-7-506(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: Public necessity rule filed October 31, 2008; effective through April 14, 2009. Public necessity rule filed October 31, 2008, and effective through April 14, 2009, expired effective April 15, 2009, and rule reverted to its previous status. Original rule filed February 26, 2009; effective June 26, 2009. Repeal filed September 26, 2017; effective December 25, 2017. New rules filed December 10, 2018; effective March 10, 2019.

Tenn. Comp. R. & Regs. 1720-01-11-.03 REQUESTING ACCESS TO PUBLIC RECORDS

(1) Public records requests must be made to the appropriate Public Records Request Coordinator to ensure that public records requests are routed to the appropriate records custodian and fulfilled in a timely manner.

(2) The University’s PRRCs are:

(a) For records of the University of Tennessee System Administration:

Public Records Request Coordinator systempublicrecords@tennessee.edu (b) For purchasing records of all units in the University of Tennessee System:

Public Records Request Coordinator purchasingrecords@tennessee.edu (c) For records of the University of Tennessee at Chattanooga:

Public Records Request Coordinator publicrecords@utc.edu (d) For records of the University of Tennessee Health Science Center:

Public Records Request Coordinator publicrecords@uthsc.edu (e) For records of the University of Tennessee Health Institute of Agriculture:

Public Records Request Coordinator utiapublicrecords@tennessee.edu (f) For records of the University of Tennessee Institute of Public Service:

Public Records Request Coordinator ipspublicrecords@tennessee.edu (g) For records in the University of Tennessee Archives:

Public Records Request Coordinator archives@utk.edu (h) For non-law enforcement records of the University of Tennessee, Knoxville:

Public Records Request Coordinator publicrecords@utk.edu (i) For law enforcement records of the University of Tennessee, Knoxville:

Public Records Request Coordinator utpdrecords@utk.edu (j) For intercollegiate athletics records of the University of Tennessee, Knoxville:

Public Records Request Coordinator utadpublicrecords@utk.edu (k) For non-law enforcement records of the University of Tennessee at Martin:

Public Records Request Coordinator publicrecords@utm.edu (l) For law enforcement records of the University of Tennessee at Martin:

Public Records Request Coordinator publicsafetyrecords@utm.edu (3) Requests to Inspect Public Records (a) Requests to inspect public records may be communicated in person to the appropriate PRRC or communicated to the appropriate PRRC via telephone, mail, fax, e-mail, or via internet portal (if the PRRC maintains an internet portal for accepting public records requests).

(b) The PRRC must not require a requestor to submit a written request to inspect public records. However, the PRRC may request that a requestor submit a written request in order to facilitate recordkeeping and ensure accuracy in fulfilling the request. The PRRC should request a mailing or e-mail address from the requestor for providing any responsive written communication required under the TPRA.

(c) 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 of the presence of a University employee designated by the PRRC. The PRRC must take reasonable precautions to ensure that the integrity of public records is maintained during the inspection of the records.

(d) If a requestor makes two (2) or more requests to inspect a public record within a six (6) month period and, for each request, the requestor fails to inspect the public record within fifteen (15) business days of receiving notification from the PRRC that the record is available for inspection, then the PRRC is not required to comply with any public records request from the requestor for a period of six (6) months from the date of the second request to inspect the public record unless the PRRC determines that the failure to inspect the public record was for good cause.

(e) Requests for Copies of Public Records 1. Requests for copies, or requests for inspection and copies, must be made in writing and submitted to the appropriate PRRC in person or via mail, e-mail, or internet portal (if the PRRC maintains an internet portal for accepting public records requests). The PRRC may provide requestors with a form that requestors may use to make requests for copies or requests for inspection and copies of public records. The PRRC may waive the requirement that a request for copies, or a request for inspection and copies, be made in writing.

2. A requestor will not be allowed to make copies of records with personal equipment (e.g., cell phones, portable scanners, portable copy machines).

(f) Proof of Tennessee citizenship by presentation of a valid Tennessee driver license to the PRRC (or alternative form of identification acceptable to the PRRC) is required as a condition to inspect and/or receive copies of public records.

(g) Notices of upcoming meetings of the University’s Board of Trustees, along with materials relating to Board meetings, are posted and readily available at trustees.tennessee.edu.

History

• Authority: T.C.A. §§ 10-7-503, et seq.; 10-7-506(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: Public necessity rule filed October 31, 2008; effective through April 14, 2009. Public necessity rule filed October 31, 2008, and effective through April 14, 2009, expired effective April 15, 2009, and rule reverted to its previous status. Original rule filed February 26, 2009; effective June 26, 2009. Repeal filed September 26, 2017; effective December 25, 2017. New rules filed December 10, 2018; effective March 10, 2019.

Tenn. Comp. R. & Regs. 1720-01-11-.04 RESPONDING TO REQUESTS FOR PUBLIC RECORDS

(1) Records custodians must refer requests to inspect and/or receive copies of public records to the appropriate PRRC.

(2) Upon receiving a public records request:

(a) The PRRC must review the request and make an initial determination of the following:

1. Whether the requestor has presented proof of Tennessee citizenship;

2. Whether the requestor described the records requested with sufficient specificity to identify the records requested; and 3. Whether the University is the custodian of the records requested.

(b) The PRRC must acknowledge receipt of the request and should advise the requestor about the applicable sections of this rule.

(c) The PRRC may ask the requestor whether the request can be narrowed.

(d) The PRRC may offer to assist the requestor in clarifying the request if the request lacks sufficient specificity to identify the records requested.

(e) The PRRC must communicate with the appropriate records custodian(s) about the request (e.g., when the request was received and when a response is due; what records exist; how long the records custodian reasonably estimates it will take to produce the records; tracking employee time required to produce the records).

(f) The PRRC must promptly make requested public records available to the requestor for inspection unless there is a basis upon which to deny the request. If not practicable to promptly provide requested records for inspection 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 PRRC must do one of the following within seven (7) business days from the University’s receipt of the request:

1. Make the records available to the requestor;

2. Deny the request in writing in accordance with Section 4.3; or 3. Provide the requestor with a completed Public Records Request Response Form.

(3) If denying the request is appropriate, then the PRRC must deny the request in writing (the PRRC may use the Public Records Request Response Form) and provide the basis for the denial, such as one of the following:

(a) The requestor is not, or has not presented proof of being, a Tennessee citizen;

(b) The request lacks sufficient specificity to identify the records requested;

(c) An exemption makes the record not subject to disclosure under the TPRA (the PRRC must state the basis for the denial in writing);

(d) The University is not the custodian of the requested records (if requested records are in the custody of a different governmental entity, and the PRRC knows the correct governmental entity, then the PRRC should advise the requestor of the correct governmental entity and PRRC for that entity if known); or (e) The records do not exist.

(4) 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.

(5) If the PRRC 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, then the PRRC should 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 the production of records is segmented, then the PRRC may segment the pre-payment of production costs.

(6) If the PRRC discovers that public records responsive to a public records request were omitted, then the PRRC should contact the requestor concerning the omission and produce the public records as quickly as practicable.

(7) Redaction (a) If a record contains information that is not open for public inspection (e.g., confidential information), then the PRRC must coordinate with the records custodian to prepare a redacted copy of the public record prior to providing access to the requestor. If questions arise concerning redaction, the PRRC or the records custodian should consult with the Office of the General Counsel.

(b) Whenever a redacted record is provided, the PRRC should provide the requestor with the basis for redaction. The basis given for redaction must be general in nature and not disclose confidential information.

(8) Law Enforcement Personnel Records (a) If a requestor makes a request to inspect the personnel records of an employee in a University police department, then prior to allowing an inspection the PRRC must:

1. Obtain the requestor’s name, address, business telephone number, home telephone number, and driver license number or other appropriate identification, or if the request is made for a professional, business purpose, or official purpose, obtain the requestor’s business address, business telephone number, business e-mail address, and if requested by the campus chief law enforcement officer or his/her designee, the name and contact number or e-mail address for a supervisor for verification purposes;

2. Redact personal information as required by law;

3. Notify the chief law enforcement officer for the campus (or his/her designee), who must consider whether there is a reason not to disclose additional personal information relating to the law enforcement employee. “Personal information” includes, but is not limited to, an officer's residential address, home and personal cellular telephone number; place of employment; name, work address and telephone numbers of the officer's immediate family; name, location, and telephone number of any educational institution or daycare provider where the officer's spouse or child is enrolled;

4. If the request is for a professional, business, or official purpose, then the chief law enforcement officer (or his/her designee) must consider the specific circumstances and determine whether there is a reason not to disclose other information relating to the employee; and 5. Ensure that the chief law enforcement officer (or his/her designee), prior to making a final decision on whether to withhold information in addition to reasons required by law, has notified the employee whose file has been requested and has provided two (2) business days for the employee to be heard and oppose the release of the information.

(b) After giving an employee time to oppose the release of information, if the chief law enforcement officer for the campus (or his/her designee) decides to withhold information (other than pursuant to reasons required by law), then a specific reason must be given to the requestor in writing within two (2) business days, and the file must be released with the personal information redacted.

(c) The chief law enforcement officer for the campus (or his/her designee) may keep information that could be used to identify or to locate an undercover employee in a location other than the employee’s personnel file.

(d) When the personnel records of a University law enforcement employee are inspected, the PRRC must make a record of such inspection and provide notice, within three (3) days from the date of the inspection, to the employee whose personnel records have inspected. The record made by the PRRC must include the following information:

1. That an inspection of the employee’s personnel records took place;

2. The name, address, and telephone number of the person making the inspection;

3. For whom the inspection was made; and 4. The date of such inspection.

History

• Authority: T.C.A. §§ 10-7-503, et seq.; 10-7-504(g); 10-7-506(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: Public necessity rule filed October 31, 2008; effective through April 14, 2009. Public necessity rule filed October 31, 2008, and effective through April 14, 2009, expired effective April 15, 2009, and rule reverted to its previous status. Original rule filed February 26, 2009; effective June 26, 2009. Repeal filed September 26, 2017; effective December 25, 2017. New rules filed December 10, 2018; effective March 10, 2019.

Tenn. Comp. R. & Regs. 1720-01-11-.05 FEES AND CHARGES FOR PUBLIC RECORDS; PROCEDURES FOR BILLING AND

PAYMENT.

(1) Unless charges are waived (Section 5.1.5), the PRRC must charge the requestor for all reasonable costs the University incurred to produce copies of the public records requested by the requestor (“production costs”).

(a) Production costs include copying costs (Section 5.5), labor costs (Section 5.6), and delivery costs (Section 5.7).

(b) Charges for production costs should not be used to unlawfully hinder access to public records.

(c) The Schedule of Reasonable Charges for Copies of Public Records, published by the Office of Open Records Counsel, will be used as a guideline to determine the amount that a requestor will be charged for production costs.

(d) No charges will be assessed for copies of public records unless the production costs exceed five dollars ($5).

(e) When the production costs exceed five dollars ($5), the production costs may be waived by the PRRC in the following circumstances:

1. When the requestor is an employee of a federal, state, or local government agency acting in the requestor’s official government capacity;

2. When the requestor is a current employee of the University who has requested copies of the requestor’s personnel records; and 3. Other circumstances in which the PRRC determines, after consultation with appropriate University employees, that such a waiver is in the best interest of the University.

(f) Production costs associated with aggregated records requests (Section 5.10) will not be waived.

(2) There must be no charge for the inspection of public records unless required by law.

However, the PRRC is not prohibited from charging the requestor for production costs if the requestor requests copies of public records after requesting to inspect public records, but the PRRC may charge the requestor only for the production costs reasonably attributable to the copies requested by the requestor.

(3) A PRRC, working with the records custodian, must promptly respond to a public records request for copies in the most economic and efficient manner practicable as determined by the PRRC.

(4) Estimate of Production Costs and Pre-Payment of Production Costs (a) The PRRC must provide a requestor with an estimate of the production costs prior to producing copies of records unless:

1. Production costs are estimated to be less than five dollars ($5) and, thus, no charges will be assess for copies of public records (Section 5.1.4); or 2. Charges for production costs are waived (Section 5.1.5).

(b) The PRRC may use an estimate of production costs form to provide a requestor with an estimate of the production costs.

(c) When estimated production costs are more than fifty dollars ($50), must require prepayment of at least fifty percent (50%) of such production costs before beginning the process of producing the requested records. The University is not bound by the estimate of the production costs.

(5) Copying Costs (a) Copying costs include the costs related to making copies of the public records requested by the requestor by photographic or other means of duplication.

(b) Copying costs must be as follows:

1. The PRRC must assess a charge of fifteen cents ($0.15) per page for each standard 8 ½ x 11” or 8 ½ 14” black and white copy produced.

2. If a public record is maintained in color, then the PRRC must advise the requestor that the record can be produced in color if the requestor is willing to pay the higher charge for a color copy. If the requestor then requests a color copy, then the PRRC must assess a copy charge of fifty (50) cents per page for each 8 ½ x 11” or 8 ½ x 14“ color copy produced.

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

4. If a copy of a public record is produced on a medium other than 8 ½ 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.

5. The PRRC is not obligated to provide electronic copies of the requested records when the requested records are not maintained electronically. When the requested records are maintained electronically the PRRC generally will produce electronic copies of the requested records in a secure, read-only format. 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 to be redacted. When records that are maintained electronically need to be redacted, the PRRC may produce paper copies of the requested records in lieu of electronic copies.

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

(c) Labor Costs 1. The PRRC must charge the requestor the hourly wage of the employee(s) reasonably necessary to produce the requested records above the labor threshold.

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

(ii) “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.

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

2. In calculating the labor costs to be charged to the requestor, the PRRC must:

(i) First, determine the number of hours each employee spent producing the requested public records;

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

(iii) Third, multiply the total number of hours to be charged for the labor of each employee by that employee’s hourly wage; and (iv) 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.

3. Labor costs should be tracked based on tenths of an hour, rounded down.

4. 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 it 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.

(d) Delivery Costs 1. The PRRC must charge the requestor for the costs incurred by the University in delivering the records to the requestor.

2. Copies will be available for pickup at a location specified by the PRRC.

3. Upon prepayment for postage, copies will be delivered by the United States Postal Service to the address identified by the requestor.

4. In the discretion of the PRRC, copies of public records may be delivered through other means, including electronically.

(e) If the PRRC utilizes an outside vendor to produce copies of the requested records, then the PRRC must charge the requestor for the actual production costs charged by the vendor to the University.

(f) Payment for Production Costs 1. The PRRC has the discretion to determine how payment for production costs must be made (e.g., cash, check, credit/debit card).

2. As stated in Section 5.4, when estimated production costs are more than fifty dollars ($50), the PRRC must require pre-payment in full of the estimated production costs before beginning the process of producing the requested records.

3. The PRRC must require full payment of the actual production costs before copies of public records are delivered or otherwise made available to the requestor. If the actual production costs exceeds the estimated production costs, then the PRRC must collect the difference between the actual production costs and the estimated production costs before copies of public records are delivered or otherwise made available to the requestor. If the actual production costs are less than the estimated production costs, then the PRRC must refund the difference between the estimated production costs and the actual production costs when copies of public records are delivered or otherwise made available to the requestor.

4. When actual production costs are more than fifty dollars ($50.00), then the PRRC must ensure that the production costs collected by the PRRC are distributed to the appropriate University units in proportion to the costs incurred by each unit in responding to the request.

(g) Aggregation of Frequent and Multiple Requests 1. The University will aggregate record requests in accordance with the policy on Reasonable Charges for Frequent and Multiple Requests promulgated by the Office of Open Records Counsel when more than (4) requests are received within a calendar month (either from a single individual or a group of individuals determined to be working in concert).

2. The level at which records requests will be aggregated is by campus or institute.

3. The PRRC is responsible for making the determination that a group of individuals are working in concert. The PRRC 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 Office of Open Records Counsel.

4. Routinely released and readily accessible records excluded from aggregation include, but are not limited to:

(i) Materials for meetings of the Board of Trustees and Board committees; and (ii) Other records determined by the PRRC.

History

• Authority: T.C.A. §§ 10-7-503, et seq.; 10-7-506(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: Public necessity rule filed October 31, 2008; effective through April 14, 2009. Public necessity rule filed October 31, 2008, and effective through April 14, 2009, expired effective April 15, 2009, and rule reverted to its previous status. Original rule filed February 26, 2009; effective June 26, 2009. Repeal filed September 26, 2017; effective December 25, 2017. New rules filed December 10, 2018; effective March 10, 2019.

Tenn. Comp. R. & Regs. 1720-01-11-.06 CONFIDENTIALITY EXCEPTIONS

Exceptions to the right to inspect or copy public records include, without limitation: (1) records made confidential by the TPRA itself or by other state law; and (2) records the University 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. The PRRC may publish a list of common exceptions to the right to inspect or copy public records.

History

• Authority: T.C.A. §§ 10-7-503, et seq.; 10-7-506(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: Public necessity rule filed October 31, 2008; effective through April 14, 2009. Public necessity rule filed October 31, 2008, and effective through April 14, 2009, expired effective April 15, 2009, and rule reverted to its previous status. Original rule filed February 26, 2009; effective June 26, 2009. Repeal filed September 26, 2017; effective December 25, 2017. New rules filed December 10, 2018; effective March 10, 2019.

Tenn. Comp. R. & Regs. 1720-01-11-.07 REPEALED

History

• Authority: T.C.A. §§ 49-9-209(e) and 10-7-506(a), Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Public necessity rule filed October 31, 2008; effective through April 14, 2009. Public necessity rule filed October 31, 2008, and effective through April 14, 2009, expired effective April 15, 2009, and rule reverted to its previous status. Original rule filed February 26, 2009; effective June 26, 2009. Repeal filed September 26, 2017; effective December 25, 2017.

Tenn. Comp. R. & Regs. 1720-01-11-.08 REPEALED

History

• Authority: T.C.A. §§ 49-9-209(e) and 10-7-506(a), Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Public necessity rule filed October 31, 2008; effective through April 14, 2009. Public necessity rule filed October 31, 2008, and effective through April 14, 2009, expired effective April 15, 2009, and rule reverted to its previous status. Original rule filed February 26, 2009; effective June 26, 2009. Repeal filed September 26, 2017; effective December 25, 2017.

Tenn. Comp. R. & Regs. 1720-01-11-.09 REPEALED

History

• Authority: T.C.A. §§ 49-9-209(e) and 10-7-506(a), Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Public necessity rule filed October 31, 2008; effective through April 14, 2009. Public necessity rule filed October 31, 2008, and effective through April 14, 2009, expired effective April 15, 2009, and rule reverted to its previous status. Original rule filed February 26, 2009; effective June 26, 2009. Repeal filed September 26, 2017; effective December 25, 2017.

Chapter 1720-01-12 Use of University Property by Non-Affiliated Persons for Free Expression Activities

Tenn. Comp. R. & Regs. 1720-01-12-.01 PURPOSE AND APPLICATION OF THIS CHAPTER

Purpose and Application of This

Chapter. The purpose of this Chapter is to provide a uniform basis on which the University of Tennessee will regulate the use of University property by non-affiliated persons for free expression activities through reasonable, viewpoint neutral regulations consistent with and in furtherance of the University’s principal missions of teaching, research, and service. To the extent of any conflict between this Chapter and

Chapter 1720-01-02 (Use of University Property), Chapter 1720-01-08 (Assembly Policy), or Chapter 1720-01-07 (Solicitation on University Property), this Chapter shall control. This Chapter supersedes and replaces the “Speaker Policy” adopted by the University of Tennessee Board of Trustees on June 19, 1969.

History

• Authority: T.C.A. § 49-9-209(e) and Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Emergency rule filed July 18, 2014; effective through January 14, 2015. Original rule filed July 18, 2014; effective October 15, 2014.

Tenn. Comp. R. & Regs. 1720-01-12-.02 DEFINITIONS

(1) The term “academic freedom” means the academic freedom of a University faculty member described in the University of Tennessee Board of Trustees’ Policies Governing Academic Freedom, Responsibility, and Tenure.

(2) The term “designated public forum” means property that has not traditionally been regarded as open to free expression activities but which has been intentionally opened by the University for the purpose of free expression activities by members of the general public.

(3) The term “free expression activities” means expression and/or assemblies protected by the First Amendment, including, but not limited to, picketing, distributing printed materials, public speaking, demonstrations, rallies, vigils, parades, and marches.

(4) The term “limited public forum” means property that has not traditionally been regarded as open to free expression activities but which has been intentionally opened by the University for the purpose of free expression activities by certain groups or opened by the University for the purpose of free expression activities that are dedicated solely to the discussion of certain subjects.

(5) The term “non-affiliated person” means any person or entity who is not a University unit, student, student organization, employee, or volunteer.

(6) The term “nonpublic forum” means property that is not a forum for free expression activities.

(7) The term “printed materials” means publications, handbills, posters, leaflets, petitions, fliers and all other types of written matter.

(8) The term “public speaking” means:

(a) orally and audibly expressing;

(b) a message, idea, opinion, concept, principle, or belief;

(c) to one or more other persons;

(d) in public; and (e) in a manner other than through a private conversation.

(9) The term “student organization” means a student organization registered with the University in accordance with University rules.

(10) The term “traditional public forum” means property that by tradition or by government fiat is open to assembly and debate by members of the general public, such as city streets, sidewalks, and parks.

(11) The term “University” means the campuses, centers, and institutes of the University of Tennessee, and all their constituent parts, and the University of Tennessee system administration.

(12) 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.

(13) The term “University property” means all land, grounds, structures, and any other physical property owned, controlled, or operated by the University.

History

• Authority: T.C.A. § 49-9-209(e) and Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Emergency rule filed July 18, 2014; effective through January 14, 2015. Original rule filed July 18, 2014; effective October 15, 2014.

Tenn. Comp. R. & Regs. 1720-01-12-.03 GENERAL RULES

(1) The University’s property is dedicated to the advancement of the University’s principal missions of teaching, research, and service. The University’s property is not a traditional public forum or a designated public forum and thus is not open for use by non-affiliated persons, either by tradition or by University policy, for free expression activities, except as otherwise expressly provided in this Chapter. Rather, with the exception of the streets and sidewalks described in Section .06, University property consists of a variety of limited public forums and nonpublic forums.

(2) Free expression activities permitted by this Chapter are subject to the time, place, and manner restrictions in Section .08.

History

• Authority: T.C.A. § 49-9-209(e) and Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Emergency rule filed July 18, 2014; effective through January 14, 2015. Original rule filed July 18, 2014; effective October 15, 2014.

Tenn. Comp. R. & Regs. 1720-01-12-.04 NON-AFFILIATED PERSONS INVITED TO PARTICIPATE IN THE FREE

EXPRESSION ACTIVITIES OF STUDENT ORGANIZATIONS AND FACULTY MEMBERS USING

LIMITED PUBLIC FORUMS.

(1) The University has opened many of its outdoor spaces and indoor facilities as limited public forums for use by students and by faculty members exercising academic freedom. In accordance with well-established First Amendment law, the University does not regulate these free expression activities on the basis of viewpoint.

(2) A student organization using a University limited public forum may invite a non-affiliated person to participate in the student organization’s free expression activities, subject to the terms of the invitation and subject to the time, place, and manner restrictions in Section .08.

The student organization that invites the non-affiliated person shall be responsible for ensuring that the non-affiliated person is knowledgeable about the restrictions in this Chapter.

(3) A faculty member using a University limited public forum in the exercise of his or her academic freedom may invite a non-affiliated person to participate in the faculty member’s free expression activities, subject to the terms of the invitation and subject to the time, place, and manner restrictions in Section .08. The faculty member who invites the non-affiliated person shall be responsible for ensuring that the non-affiliated person is knowledgeable about the restrictions in this Chapter.

(4) A non-affiliated person invited pursuant to this Section .04 is not a guest of the University.

Rather, the non-affiliated person is a guest of the student organization or faculty member who is using the University’s limited public forum.

(5) A student organization or faculty member deciding whom to invite or not invite as a participant in free expression activities in a University limited public forum pursuant to this

Section .04 does not exercise the governmental authority of the University or the State of Tennessee (i.e., the student organization or faculty member is not acting as a governmental official deciding who is allowed to use a limited public forum). Rather, the student organization or faculty member is the user of the forum, with First Amendment rights to decide whom to include in the free expression activities. An invitation extended to a nonaffiliated person by a student organization or faculty member under this Section .04 shall not be construed to imply approval or endorsement by the University of the views expressed by the non-affiliated person.

(6) The participation of a non-affiliated person in free expression activities under this Section .04 is by invitation initiated by a student organization or faculty member. Nothing in this Chapter shall be construed to grant a non-affiliated person a right to solicit such an invitation from a student organization or faculty member or require a student organization or faculty member to respond to such a solicitation from a non-affiliated person.

History

• Authority: T.C.A. § 49-9-209(e) and Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Emergency rule filed July 18, 2014; effective through January 14, 2015. Original rule filed July 18, 2014; effective October 15, 2014.

Tenn. Comp. R. & Regs. 1720-01-12-.05 NON-AFFILIATED PERSONS INVITED TO PARTICIPATE IN FREE EXPRESSION

ACTIVITIES IN CONNECTION WITH AN OFFICIAL ACTIVITY OF A UNIVERSITY UNIT.

(1) A University unit may invite a non-affiliated person to participate in free expression activities in connection with an official activity of the University unit (e.g., lecture, presentation, debate, panel, symposium) if the head of the University unit determines that the non-affiliated person’s participation would advance one or more of the University’s principal missions of teaching, research, and service. In making such a determination, the head of the University unit is deciding how to use University property to advance the University’s mission. That decision is government speech, which is not subject to the restrictions of the First Amendment’s Free Speech Clause.

(2) The participation of a non-affiliated person in free expression activities under this Section .05 is by invitation initiated by a University unit. Nothing in this Chapter shall be construed to grant non-affiliated persons a right to solicit such an invitation or to require a University unit to respond to such a solicitation from a non-affiliated person.

History

• Authority: T.C.A. § 49-9-209(e) and Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Emergency rule filed July 18, 2014; effective through January 14, 2015. Original rule filed July 18, 2014; effective October 15, 2014.

Tenn. Comp. R. & Regs. 1720-01-12-.06 UNIVERSITY STREETS AND SIDEWALKS

(1) Subject to the time, place, and manner restrictions in Section .08, the following University property may be used by a non-affiliated person for free expression activities:

(a) A street owned or controlled by the University;

(b) A sidewalk owned or controlled by the University that runs parallel to a street owned or controlled by the University; or (c) A sidewalk owned or controlled by the University that runs parallel to a street owned or controlled by a municipality, county, or the State of Tennessee.

(2) Section .06(1) does not include: University access or service roads (i.e., roads with the primary function of providing for the movement of vehicular traffic between a street and a University facility or parking lot); parking lots; ramps; alleys; mass transit loading zones or waiting areas; driveways; or any property with the primary function of providing for the movement of pedestrian traffic, such as sidewalks not described in Section .06(1), pedestrian malls, pedestrian bridges, greenways, and trails.

(3) This Chapter does not apply to streets, sidewalks, or other traditional or designated public forums owned by a municipality, county, or the State of Tennessee, the uses of which are subject to compliance with federal, state, or local law, rule, regulation, or ordinance.

(4) For purposes of this Section .06, the term “State of Tennessee” does not include the University.

(5) Each campus shall publish on its website a map that indicates the streets and sidewalks described in Section .06(1).

History

• Authority: T.C.A. § 49-9-209(e) and Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Emergency rule filed July 18, 2014; effective through January 14, 2015. Original rule filed July 18, 2014; effective October 15, 2014.

Tenn. Comp. R. & Regs. 1720-01-12-.07 OTHER FREE EXPRESSION ACTIVITIES

(1) Subject to the time, place, and manner restrictions in Section .08, a non-affiliated person may communicate a message on “The Rock” at the University of Tennessee, Knoxville.

(2) Subject to the time, place, and manner restrictions in Section .08, nothing in this Chapter shall be construed to prohibit a non-affiliated person who is engaged in a use of University property permitted under Chapter 1720-01-02 (Use of University Property) from engaging in free expression activities such as a private conversation, gesturing, operating a vehicle displaying written expression, standing, or wearing expressive clothing, accessories, buttons, or stickers.

(3) Certain University activities and events are open to attendance by non-affiliated persons at a designated place and time, such as athletic contests, plays, lectures, and concerts. Subject to the time, place, and manner restrictions in Section .08, nothing in this Chapter shall be construed to prohibit a non-affiliated person from attending and participating in such an activity or event and participating in free expression activities germane to the activity or event (e.g., cheering at a football game, singing at a concert).

(4) The University may designate certain University property as available for lease to nonaffiliated persons for free expression activities under standard terms and conditions and subject to the time, place, and manner restrictions in Section .08. In the event of any inconsistency between this Chapter and the terms of a lease agreement between the University and a non-affiliated person, the terms of the lease agreement shall control over this Chapter.

History

• Authority: T.C.A. § 49-9-209(e) and Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Emergency rule filed July 18, 2014; effective through January 14, 2015. Original rule filed July 18, 2014; effective October 15, 2014.

Tenn. Comp. R. & Regs. 1720-01-12-.08 TIME, PLACE, AND MANNER RESTRICTIONS

(1) The University will regulate the time, place, and manner of free expression activities in order to prevent substantial disruption of the advancement of the University’s teaching, research, or service missions; prevent substantial disruption of normal or scheduled uses of University property by persons affiliated with the University; facilitate traffic on University property; preserve residential tranquility for students; preserve an atmosphere conducive to learning; preserve University property and prevent the use of University property contrary to law or University policies; and protect the health, safety, and welfare of persons affiliated with the University and/or persons using University property pursuant to Chapter 1720-01-02 (Use of University Property).

(2) A non-affiliated person using University property shall not:

(a) block or substantially impede vehicular, bicycle, pedestrian, or other traffic, as the right of way of streets, sidewalks, and pedestrian malls must be maintained;

(b) block or substantially impede entrances or exits to University property;

(c) substantially disrupt or interfere with University operations, events, or activities;

(d) substantially disrupt or interfere with the ability of a student to sleep or study in a University residence hall between the hours of 10:00 p.m. and 6:00 a.m. during an academic term, or the ability of a student to study in a University library;

(e) violate a federal, state, or local law, rule, regulation, or ordinance;

(f) 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;

(g) engage in camping in violation of Tennessee law, the Equal Access to Public Property Act of 2012, unless the area on which camping occurs has been specifically designated by the University as available for camping;

(h) unreasonably threaten the health or safety of another person; or (i) damage or deface University property, including, but not limited to, grass, shrubs, trees, or other landscaping.

(3) A non-affiliated person permitted to distribute printed materials under this Chapter shall refrain from littering and may be held responsible for costs incurred as a result of littering.

(4) A non-affiliated person shall not place any signs, banners, posters, or other displays on or against, attach them to, or write on any structure or natural feature of University 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, ash urns, benches, bus stops, University-owned signage, emergency phones, railings, newsstands, and utility boxes. Nor may any chalk, paint, or permanent markings be placed on or against, attached to, or written on such structures or natural features. Signs, banners, posters, and other displays causing ground penetration are prohibited. This Section .08(4) shall not apply to “The Rock” at the University of Tennessee, Knoxville.

(5) A non-affiliated person shall not distribute printed materials on motor vehicles parked on University property.

History

• Authority: T.C.A. § 49-9-209(e) and Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Emergency rule filed July 18, 2014; effective through January 14, 2015. Original rule filed July 18, 2014; effective October 15, 2014.

Chapter 1720-01-13 Student Housing

Tenn. Comp. R. & Regs. 1720-01-13-.01 GENERAL

(1) The primary purpose of student housing at The University of Tennessee is to provide living accommodations and educational programming for undergraduate and graduate students enrolled at such campuses.

(2) Subject to the general supervision of the President, Chancellors are authorized to exercise complete executive authority over student housing, including, without limitation, development of policies, procedures, and agreements that apply to the lease, assignment, occupancy, pricing, safety, construction, maintenance, use, and visitation of student housing. Policies, procedures, and agreements shall be developed in consultation with appropriate system-level administrators (e.g., Chief Financial Officer, Office of the General Counsel) and shall be consistent with this Chapter 1720-01-13.

(3) Chancellors are authorized to determine which categories of students (e.g., full-time; enrolled) are eligible to live in student housing and which categories of students are either required to live in student housing or are restricted from living in student housing, subject to federal and state law.

History

• Authority: T.C.A. § 49-9-209(e) and Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rules filed September 16, 2016; effective August 1, 2017.

Tenn. Comp. R. & Regs. 1720-01-13-.02 RESIDENCE HALL AGREEMENTS

(1) A student who applies to reside in a residence hall shall, as a condition to residing in the residence hall, sign an agreement prepared by the University that establishes the terms and conditions of the student’s occupancy of the residence hall.

(2) The agreement described in Section .02(1) should address the following subjects:

(a) Term of the agreement;

(b) Amounts, billing, payment, and refunds of housing fees, security; deposits, and damage and cleaning fees;

(c) Assignment and reassignment of rooms;

(d) Policies and procedures governing the use and safety of the residence hall and conduct within the residence hall, including, without limitation, policies governing the room within which the student is to reside (e.g., emergency procedures, animals, prohibited items, commercial solicitation);

August, 2017 2 (e) Rights of entry to rooms;

(f) Loss of or damage to the student’s personal property;

(g) Loss of or damage to University property;

(h) Alterations, additions, or improvements to rooms;

(i) Animals;

(j) Prohibited activities;

(k) Visitation;

(l) Prohibition on assignment and subleasing by the student;

(m) Termination of the agreement by either the student or the University, and options for the student to appeal the termination; and (n) Other reasonable and necessary subjects determined by the Chancellor.

(3) The agreement described in Section .02(1) may be in a paper or electronic format.

History

• Authority: T.C.A. § 49-9-209(e) and Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rules filed September 16, 2016; effective August 1, 2017.

Tenn. Comp. R. & Regs. 1720-01-13-.03 DEFINITIONS

(1) The term “campus” means The University of Tennessee at Chattanooga; The University of Tennessee Health Science Center; The University of Tennessee, Knoxville; The University of Tennessee Space Institute; The University of Tennessee at Martin; and/or The University of Tennessee Institute of Agriculture.

(2) The term “Chancellor” means the person elected by the Board of Trustees for The University of Tennessee to serve as the Chancellor for a particular campus or institute, or the Chancellor’s designee.

(3) The term “fraternity house(s)” means a building located on University-controlled property that is leased to an organized national or local college or university fraternity.

(4) The term “residence hall(s)” means student housing other than fraternity houses and sorority houses.

(5) The term “sorority house(s)” means a building located on University-controlled property that is leased to an organized national or local college or university sorority.

(6) The term “student” means a person admitted, enrolled or registered for study at the University of Tennessee, either full-time or part-time, pursuing undergraduate, graduate, or professional studies, as well as non-degree seeking students.

(7) The term “student housing” means University property primarily intended for use by University students as places to reside. Examples of student housing include, without limitation, residence halls, dormitories, apartments, hotels, fraternity houses, and sorority houses.

August, 2017 3 (8) The terms “University” and “University of Tennessee” mean the campuses, centers, and institutes of the University of Tennessee, and all their constituent parts, and the University of Tennessee system.

(9) The term “University property” means all land, buildings, houses, facilities, grounds, structures, or any other property owned, leased, used, maintained, or operated by the University of Tennessee.

History

• Authority: T.C.A. § 49-9-209(e) and Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rules filed September 16, 2016; effective August 1, 2017.

Chapter 1720-01-14 Unclaimed Property

Tenn. Comp. R. & Regs. 1720-01-14-.01 GENERAL

The University of Tennessee (“the University”) is subject to the State of Tennessee’s “Uniform Unclaimed Property Act,” T.C.A. § 66-29-101 et seq. (the “Act”) and Regulations 1700-02-01-.01 through 1700-02- 01-.37, when it is a holder of property that is unclaimed and presumed to be abandoned by the apparent owner of the property, if the last known address of the apparent owner, as shown on the University’s records, is in Tennessee or is unknown. This Act requires the University to exercise due diligence in attempting to locate apparent owners of unclaimed property in its custody and to annually report certain unclaimed property to the State. Additionally, the State of Tennessee accepts unclaimed property for which the apparent owner’s last known address is in another state or commonwealth of the U.S. The State reciprocally reports this property on behalf of the University to the appropriate state or commonwealth.

History

• Authority: T.C.A. § 49-9-209(e) and Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rules filed September 30, 2019; effective December 29, 2019.

Tenn. Comp. R. & Regs. 1720-01-14-.02 UNCLAIMED PROPERTY

(1) The Act applies to unclaimed property:

(a) That the University owes to or is holding for other organizations or individuals; and (b) For which the University has had no contact with the apparent owner for a minimum of one (1) year up to the maximum statutory period.

(2) Unclaimed property includes, but is not limited to:

(a) Uncashed payroll checks (b) Uncashed disbursement checks (c) Uncashed refund checks (d) Uncashed miscellaneous checks (e) Unidentified remittances (f) Credit balances in accounts receivable December, 2019 2 (g) Stored Value Cards (VolCard, Mocs, Skyhawk Card, etc.)

(3) Non-cash items are considered “lost and found” items. These items are not considered to be unclaimed property and should not be reported to the State.

History

• Authority: T.C.A. § 49-9-209(e) and Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rules filed September 30, 2019; effective December 29, 2019.

Tenn. Comp. R. & Regs. 1720-01-14-.03 DUE DILIGENCE

(1) Before reporting unclaimed property as described above, the University is required to exercise due diligence in attempting to notify the apparent owner of amounts of $50 or greater with information on how to claim property. “Due diligence” is defined under applicable Tennessee law as the degree of care which a reasonably prudent person would exercise in the normal course of business operations and sending a written notice via first-class or registered mail to the last known address of the apparent owner. Such written notice must be sent not more than one hundred eighty (180) days, nor less than sixty (60) days, before filing the report with the State Treasurer. If an apparent owner of unclaimed property has consented to receive electronic mail communications from the University, the University shall send the notice by both first-class mail to the apparent owner’s last known mailing address and by electronic mail, unless the University has reason to believe that the apparent owner’s electronic mail address is not valid. (Property under $50 requires no due diligence notice letter and is submitted to the State along with other unclaimed amounts from the same calendar year.)

(2) The University’s notice to the apparent owner of unclaimed property must contain a heading that reads substantially as follows “Notice: The State of Tennessee requires us to notify you that your property may be transferred to the custody of the State Treasurer if you do not contact us within thirty (30) days after the date of this notice.”

(3) Mail returned as “undeliverable” is evidence that the apparent owner cannot be located. If the apparent owner cannot be located, the property should be considered abandoned and be reported to the State as unclaimed property.

(4) Unreturned mail is considered a contact (presumably, the apparent owner has received the notification and is now aware of the property’s location). If contact is established, the property is no longer considered to be abandoned and should not be reported to the State. If the apparent owner does not claim the property or provide the University with directions for disposing of the property within ninety (90) days of the date of contact, the University may then assume ownership of the property. The Controller’s Office will account for these funds in claimed property funds that remain available should the funds be claimed by owners.

History

• Authority: T.C.A. § 49-9-209(e) and Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rules filed September 30, 2019; effective December 29, 2019.

Tenn. Comp. R. & Regs. 1720-01-14-.04 STORED VALUE CARDS

Each campus or institute business office is responsible for performing due diligence on all stored value cards (VolCard, Mocs Card, Skyhawk Card, etc.) that have been inactive for at least one (1) year and a maximum of five (5) years and that have a balance of $50 or greater. Detailed information associated with these cards must be maintained at the campus or institute level. Each campus or institute must compile and transmit a file of names, addresses, and social security numbers of dormant account owners, along with amounts to the Controller’s Office by October 1 of each year. The list will also include balances December, 2019 3 under $50 for which due diligence is not required. This effort must be coordinated with the Controller’s Office.

History

• Authority: T.C.A. § 49-9-209(e) and Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rules filed September 30, 2019; effective December 29, 2019.

Tenn. Comp. R. & Regs. 1720-01-14-.05 ACCOUNTS RECEIVABLE CREDIT BALANCES

Each campus or institute business office is responsible for performing due diligence on all credit balances in accounts receivable that have been inactive for at least one (1) year and a maximum of five (5) years and that have a balance of $50 or greater. Detailed information associated with these balances must be maintained at the campus or institute level. Each campus or institute must compile and transmit a file of names, addresses, and social security numbers of dormant account owners, along with amounts to the Controller’s Office by October 1 of each year. The list will also include credit balances under $50 for which due diligence is not required. This effort must be coordinated with the Controller’s Office. As an alternative, credit balances under $50 and inactive for one (1) year may be reported through the Accounts Receivable Write-Off Request (Form T-35).

History

• Authority: T.C.A. § 49-9-209(e) and Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rules filed September 30, 2019; effective December 29, 2019.

Tenn. Comp. R. & Regs. 1720-01-14-.06 UNCLAIMED PROPERTY REPORT

(1) The Act requires the annual filing of the Unclaimed Property Report for all unclaimed property. The report must be submitted electronically through the “Report It TN,” the Tennessee Unclaimed Property online reporting portal, in the required National Association of Unclaimed Property Administrators format. No paper reports are accepted. More information can be found on the State Treasurer’s Office website.

(2) The University Controller’s Office should compile the list of all cash items (i.e., uncashed checks, unidentified remittances, credit balances in accounts receivable, stored value cards) for the entire University and report it to the State Treasurer’s Office. Reports must be filed with the State Treasurer on or before November 1 of each year and must include property presumed abandoned held as of June 30 of the appropriate reporting year. The State Treasurer may grant one thirty (30) day extension provided a written request is received on or before November 1.

(3) The University must retain supporting records relating to the reports for ten (10) years after the later of the date each report was filed or the last date a timely report was due to be filed, unless a shorter period is prescribed by the State Treasurer.

History

• Authority: T.C.A. § 49-9-209(e) and Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rules filed September 30, 2019; effective December 29, 2019. 1720 -01-14-.07 TIMETABLE FOR UNCLAIMED PROPERTY. The following timetable describes the year’s schedule for reporting unclaimed property. June 30 End of reporting year. July 1 – August 31 December, 2019 4 Controller’s Office and campus or institute business offices (stored value cards and credit balances in accounts receivable) perform required due diligence on appropriate items considered abandoned. October 1 Deadline for campus or institute business offices to transmit excel file of abandoned property to the Controller’s Office (stored value card and credit balances in accounts receivable). November 1 Reports, verification forms and unclaimed property (cash) are due in the State Treasurer’s Office. Note: The University will require proper proof of ownership when individuals claim property items. The Controller’s Office and campus or institute business offices have developed procedures for handling claims. Authority: T.C.A. § 49-9-209(e) and Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.

Tenn. Comp. R. & Regs. 1720-01-14-.08 DISPOSITION OF NON-CASH ITEMS (LOST AND FOUND)

(1) Abandoned non-cash items may be:

(a) Sold at a public auction or by sealed bids in accordance with F10610 – Surplus Property;

(b) Donated to a local charity (if not purchased through a public sale); or (c) Discarded or destroyed if not valuable.

(2) The following provisions apply to certain types of valuable property:

(a) Jewelry must be appraised and a minimum sales price established. If appraised at little or no value, the jewelry should be discarded.

(b) Coins that appear to have a market value substantially higher than face value should be appraised and a minimum sales price set.

(c) Firearms should be disposed of in accordance with local statutes.

(d) Dangerous items (items of a combustible nature that are dangerous to store) should be safely disposed of as soon as possible.

(e) Illegal items should be disposed of in accordance with instructions from the proper legal authorities.

History

• Authority: T.C.A. § 49-9-209(e) and Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rules filed September 30, 2019; effective December 29, 2019.

Tenn. Comp. R. & Regs. 1720-01-14-.09 PAYMENT OF CLAIMS

Since 1990, the University has annually remitted unclaimed property funds to the State Treasurer. Before receiving payment for claims, apparent owners must present property proof of ownership to the State December, 2019 5 Treasurer or the University. Accordingly, payment of claims for reported unclaimed property subsequent to 1990 is the responsibility of the State Treasurer.

History

• Authority: T.C.A. § 49-9-209(e) and Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rules filed September 30, 2019; effective December 29, 2019.

Tenn. Comp. R. & Regs. 1720-01-14-.10 CONFISCATED PROPERTY

Confiscated property will not be considered abandoned and should be treated as University surplus property for disposal purposes. Confiscated firearms and other hazardous items should be disposed of in accordance with local statutes.

History

• Authority: T.C.A. § 49-9-209(e) and Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rules filed September 30, 2019; effective December 29, 2019.

Chapter 1720-01-15 Surplus Property

Tenn. Comp. R. & Regs. 1720-01-15-.01 DEFINITION

Surplus property means any property such as movable equipment or supplies (opposed to real property such as land or building) a department of The University of Tennessee (all campuses) determines to be obsolete, or unusable or property for which future needs do not justify the cost of maintenance and/or storage.

History

• Authority: T.C.A. § 49-9-209(e) and Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rules filed September 30, 2019; effective December 29, 2019.

Tenn. Comp. R. & Regs. 1720-01-15-.02 GENERAL POLICY

The Chancellors or designee for each University campus or institute shall designate a department or individual responsible for the disposal of all surplus property and the communications of applicable policies and procedures for their location. For purposes of this rule, the designated department or individual is referred to as the Surplus Property Personnel or Department. University departments not physically located on a campus will use the Surplus Property Personnel located closest to them or they will work remotely with the personnel from their campus/institute to dispose of surplus property in the most efficient manner that complies with this regulation.

History

• Authority: T.C.A. § 49-9-209(e) and Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rules filed September 30, 2019; effective December 29, 2019.

Tenn. Comp. R. & Regs. 1720-01-15-.03 RESPONSIBILITIES OF THE DEPARTMENT

(1) When feasible a department should attempt to determine if their surplus property can be used by another university department. If the two (2) departments agree on a transfer, the issuing department should prepare Form T-64, Equipment Inventory Change/Delete Request, to transfer ownership and accountability to the receiving department. If financial consideration is involved, the two (2) departments shall determine the amount and transfer the funds through a transfer voucher.

(2) If the property can be traded-in to reduce the cost of replacement equipment, the department must work with their purchasing department on this transaction. If purchasing determines that trading-in the property is more advantageous than selling it, the purchasing department will issue a purchase order for the purchase of the new equipment. The department is then responsible for completing Form T-64 to remove the traded-in equipment from their official inventory records.

December, 2019 2 (3) If the property cannot be transferred to another university department or traded-in, the department must contact their Surplus Property Personnel and follow their policies and procedures for the disposal of the property. Departments are not authorized to dispose of property, sell it, or permanently transfer it to an external organization (even if it is another governmental agency or non-profit).

(4) The form must require the signature of the department head or designee declaring the property surplus. Electronic or digital signatures are acceptable.

(5) The department is responsible for retaining a copy of all surplus property documents for six (6) years, including signed forms transferring the surplus property from their possession. The department is also responsible for verifying that the surplus property has been removed from their inventory records. This should be done annually.

(6) Surplus property, which the federal government or other entity owns, should be transferred to that entity when no longer needed. If applicable, Form T-64 should be completed by the department to remove this property from the University’s inventory records.

History

• Authority: T.C.A. § 49-9-209(e) and Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rules filed September 30, 2019; effective December 29, 2019.

Tenn. Comp. R. & Regs. 1720-01-15-.04 RESPONSIBILITIES OF SURPLUS PROPERTY PERSONNEL

(1) Each Surplus Property Department is responsible for completing a form(s) for departments to declare property as surplus. The forms must be approved by the Controller’s Office, and at a minimum contain the following:

(a) Name and location of the department declaring the property as surplus.

(b) Location of the property such as building and room number.

(c) Departmental contact information including e-mail and telephone.

(d) Itemized description of each piece of equipment that has a UT tag number. Non-tagged items do not have to be itemized, if impractical (i.e., 100 classroom chairs).

(e) The form must require the signature of the department head or designee that is declaring the property surplus and the campus surplus department personnel who are picking up the property. Electronic or digital signatures are acceptable.

(f) The form(s) must require the identification of all computers or other devices that may potentially store confidential information.

(g) The form(s) must require the identification of any chemicals or equipment that may be considered radioactive, hazardous, toxic, or require special handling to comply with applicable environmental regulations.

(h) The form must allow for routing to the Controller’s office for removal or transfer of surplus property.

(2) The Surplus Property Personnel are responsible for developing procedures to ensure that all computers, hard drivers or other equipment that may store university data have been sanitized and the data is unreadable before the equipment is disposed of or sold.

December, 2019 3 (3) The Surplus Property Personnel are responsible for contacting their safety officer(s) or other appropriate personnel whenever property is being declared surplus from a lab or whenever any equipment may contain hazardous material that may pose a safety concern. Surplus property personnel are responsible for developing procedures with their safety officer(s) to ensure that all potentially hazardous chemicals and equipment are disposed of in a manner that complies with applicable federal, state and university regulations.

(4) Surplus property personnel are responsible for ensuring that an adequate audit and inventory trail exists for all items of surplus property. This would include from the time that property is transferred to their possession until the sale or disposal of the item.

(5) Surplus property personnel are responsible for determining which of the following disposal methods is the most advantageous. One (1) of these methods must be used:

(a) Publicly advertised auction.

(b) Transfer to another university department.

(c) Publicly advertised sale under sealed bids.

(d) Internet auction.

(e) Negotiated contract for sale at arm’s length (conducted among unrelated parties), but only for property that becomes surplus regularly, such as livestock, forestry products, and marketable waste products, but not motor vehicles.

(f) Transfer to other state agencies, student association or public school systems.

(g) Sale to state and other governmental entities.

(h) Transfer to non-profit entities approved by the Tennessee Department of General Services.

(i) The property may be destroyed by an appropriate method, if it is determined that it has no salvage or economic value.

(6) The System Risk Management Office must approve of the disposal method for any property involved in an insurance claim.

(7) The Surplus Property Department is responsible for forwarding all applicable documents to the Controller’s office for all university tagged equipment that is disposed of by them or transferred by them to another university department. This must occur as soon as the property is no longer in their possession.

(8) When a Surplus Property Department (or designee) decides to dispose of surplus property by public auctions or sealed bids, these proposed sales must be publicly advertised and publicly held. The Surplus Property Department (or designee) conducting the sale must advertise it in at least two (2) public places in the county or counties in which the sale is to be made. The notice must describe the property, date, time, place, manner, and conditions of the sale. The sale must not be held sooner than seven (7), nor later than fifteen (15), days after the last day of the public notice (excluding weekends and holidays).

(9) No person, firm, or corporation may be sent invitations to bid on proposed sales unless no other market has been found for the property without requesting such bids. Prospective buyers for various types of surplus property may be sent copies of the published notice, or they may be notified that a public notice has been posted on a stated date.

December, 2019 4

History

• Authority: T.C.A. § 49-9-209(e) and Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rules filed September 30, 2019; effective December 29, 2019.

Tenn. Comp. R. & Regs. 1720-01-15-.05 RESPONSIBILITIES OF THE CONTROLLER’S OFFICE

The equipment records section of the Controller’s Office is responsible for removing and transferring all surplus property items reported to them. They are also responsible for distributing annual equipment inventory verification reports to each department for their review and approval.

History

• Authority: T.C.A. § 49-9-209(e) and Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rules filed September 30, 2019; effective December 29, 2019.

Tenn. Comp. R. & Regs. 1720-01-15-.06 SANCTIONS RELATING TO THE SALE OF SURPLUS PROPERTY

(1) The Surplus Property Department (or designee) conducting the sale must ensure that all prospective purchasers are aware of the following sanctions:

(a) It is a felony punishable by a fine of $5,000 to $10,000 and/or imprisonment from one (1) to ten (10) years for any person to make any arrangement, contract, agreement, trust, or combination of these among persons or corporations which is designed to or tends to control the price the university receives for such property or the cost to the purchaser of such property. In addition to this penalty, a state or university employee who violates this provision may be removed from employment and prohibited from such employment for five (5) years.

(b) It is also a misdemeanor punishable by a fine of $500 or two-and-one-half times the value of the property bought, whichever is greater, for any state/university official or employee to purchase any surplus property from the university (except by bid at public auction) during his or her tenure of office or employment and for six (6) months thereafter. For all sales except public auctions, the Surplus Property Department (or designee) conducting the sale must obtain from each purchaser a signed disclaimer certifying that the purchaser is not a state or university employee and that the purchaser is not buying the property for or on behalf of any state or university employee.

History

• Authority: T.C.A. § 49-9-209(e) and Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rules filed September 30, 2019; effective December 29, 2019.

Tenn. Comp. R. & Regs. 1720-01-15-.07 EXCEPTIONS

Surplus property may be disposed of by a method other than those listed in this regulation upon approval of the campus/institute’s chief business officer (or designee) and the University’s chief financial officer.

History

• Authority: T.C.A. § 49-9-209(e) and Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rules filed September 30, 2019; effective December 29, 2019.

Chapter 1720-01-16 Standing Rule Governing Requests to Address the Board of Trustees

Tenn. Comp. R. & Regs. 1720-01-16-.01 INTRODUCTION

(1) In conjunction with each regular meeting of the University of Tennessee Board of Trustees (“Board”), an opportunity will be provided for students, employees, and members of the general public to address the Board, or a committee of the Board, concerning items on the meeting agenda and other issues germane to the responsibilities of the Board.

(2) The following procedures, terms, and conditions shall govern requests to address the Board.

History

• Authority: T.C.A. § 49-9-209(d)-(e) and Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rules filed September 30, 2019; effective December 29, 2019.

Tenn. Comp. R. & Regs. 1720-01-16-.02 PREREGISTRATION

(1) All persons wishing to speak must preregister by completing a Request to Address the Board form [https://trustees.tennessee.edu/requests-to-address-the-board/] and submitting it to the Board of Trustees Office [https://trustees.tennessee.edu/submitting-information-to-the-board/] no later than three (3) calendar days before the first day of a regular Board meeting. Regular Board meeting dates are posted on the Board website, http://trustees.tennessee.edu/.

(2) Persons will be preregistered on a “first come, first served” basis. A waiting list will not be kept from meeting to meeting.

History

• Authority: T.C.A. § 49-9-209(d)-(e) and Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rules filed September 30, 2019; effective December 29, 2019.

Tenn. Comp. R. & Regs. 1720-01-16-.03 PERMISSIBLE SUBJECTS

(1) Persons may request to speak about items on the meeting agenda or other issues germane to the responsibilities of the Board. The agenda for committee and Board meetings are published on the Board website, http://trustees.tennessee.edu/, approximately one (1) week prior to each regular meeting.

(2) The Board will not hear speakers on grievances or appeals specific to individual students or employees or on pending or threatened litigation involving the University or University officials. If a speaker departs from the subject for which he or she preregistered to speak, the presiding officer will declare the speaker out of order and instruct the speaker to yield the podium.

December, 2019 2

History

• Authority: T.C.A. § 49-9-209(d)-(e) and Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rules filed September 30, 2019; effective December 29, 2019. 1720-01-16.-.04 TIME ALLOCATION. (1) In preparing the agenda, the Chair of the Board will allocate a maximum cumulative time of sixty (60) minutes during each regular meeting for persons to address the Board or a committee of the Board. (2) Each speaker will be permitted to speak for a maximum of five (5) minutes. Speakers may not combine their five (5) minute allotment with another speaker and may not give any part of their time to another person. The time remaining for each speaker’s remarks will be displayed by a timing device within the meeting room. Authority: T.C.A. § 49-9-209(d)-(e) and Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.

Tenn. Comp. R. & Regs. 1720-01-16-.05 SCHEDULING OF SPEAKERS

Persons who have preregistered to speak on permissible subjects in compliance with Section .02 will be scheduled on a “first come, first served” basis until the full sixty (60) minute period has been scheduled, except that no more than six (6) speakers will be scheduled to speak on the same subject.

History

• Authority: T.C.A. § 49-9-209(d)-(e) and Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rules filed September 30, 2019; effective December 29, 2019.

Tenn. Comp. R. & Regs. 1720-01-16-.06 NOTICE TO SCHEDULED SPEAKERS

(1) After the preregistration deadline has passed, the Board of Trustees Office will notify registrants whether they have been scheduled to speak and, if so, the specific time and location at which they will speak.

(2) Scheduled speakers must be physically present to address the Board. Scheduled speakers who are unable to attend the meeting may not send a substitute.

History

• Authority: T.C.A. § 49-9-209(d)-(e) and Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rules filed September 30, 2019; effective December 29, 2019.

Tenn. Comp. R. & Regs. 1720-01-16-.07 OTHER TERMS AND CONDITIONS

(1) Only one (1) speaker will be permitted to speak at a time.

(2) Speakers will not be allowed to use audio/visual presentation equipment during their remarks.

(3) Speakers may bring copies of written information to be distributed to the Board, but speakers are responsible for bringing thirty (30) copies. Speakers are not allowed to personally distribute copies to the Board or approach the Board table for any reason. When called to speak, speakers must provide the copies to the Assistant Secretary for distribution.

(4) Failure to adhere to this standing rule may result in the suspension of a person’s opportunity to address the Board at future meetings.

December, 2019 3

History

• Authority: T.C.A. § 49-9-209(d)-(e) and Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rules filed September 30, 2019; effective December 29, 2019.

Tenn. Comp. R. & Regs. 1720-01-16-.08 MODIFICATIONS

The presiding officer shall have the authority to modify the provisions of this rule in his or her discretion to extend the time allocated to permit additional speakers to address the Board or a committee of the Board, and make such other accommodations as may be necessary or advisable in his or her opinion to achieve the purposes of this rule.

History

• Authority: T.C.A. § 49-9-209(d)-(e) and Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rules filed September 30, 2019; effective December 29, 2019.

Tenn. Comp. R. & Regs. 1720-01-16-.09 BOARD ACTION

The Board will not take any action during the part of a meeting designated for persons to address the Board. In the discretion of the presiding officer, however, a matter raised during an address to the Board may be referred for subsequent response by the University administration or for subsequent study or consideration by an appropriate Board committee. The presiding officer may also request or permit comment by the President or other members of the University administration.

History

• Authority: T. C.A. § 49-9-209(d)-(e) and Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rules filed September 30, 2019; effective December 29, 2019.

Chapter 1720-01-17 Student Immunization Requirements

Tenn. Comp. R. & Regs. 1720-01-17-.01 GENERAL

(1) The purpose of this section is to establish a uniform policy for immunization requirements for students of the University of Tennessee (“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.

(2) For the purpose of this section, the term “student” means a person admitted, enrolled, or registered for study at the University, either full-time or part-time, pursuing undergraduate, graduate, or professional studies, as well as non-degree seeking students in University programs.

History

• Authority: T.C.A. §§ 49-7-124(g) and 49-9-209(e).
• Administrative History: Emergency rules filed August 13, 2020; effective through February 9, 2021. Emergency rules expired effective February 10, 2021, and the rules reverted to their previous statuses. New rules filed May 14, 2021; effective August 12, 2021.

Tenn. Comp. R. & Regs. 1720-01-17-.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 exclusively offered on the site of a local education authority or secondary school.

(c) Students that provide a written certification from a physician licensed by the Board of Medical Examiners, the Board of Osteopathic Examiners, or a health department; a nurse practitioner; or another medical professional approved by the University, 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 or other healthcare provider, based upon the student’s medical condition and history, the risk of harm from the vaccine outweighs the potential benefit.

(d) Students that provide a written statement from a parent or guardian, or, in the case of an adult student, the student, 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. The term “adult student” means a person who is eighteen (18) years or older and not under the care of a guardian, or is an emancipated minor.

(e) Students that satisfy any other regulatory, statutory, or legal exemption.

History

• Authority: T.C.A. §§ 49-7-124(c) and 49-9-209(e).
• Administrative History: Emergency rules filed August 13, 2020; effective through February 9, 2021. Emergency rules expired effective February 10, 2021, and the rules reverted to their previous statuses. New rules filed May 14, 2021; effective August 12, 2021.

Tenn. Comp. R. & Regs. 1720-01-17-.03 MEASLES, MUMPS, RUBELLA (MMR)

(1) General requirement: All students must provide proof of immunization for measles, mumps, and rubella within seven (7) business days before the first day of classes or the date on which the student’s program begins, as applicable.

(2) Exemptions: In addition to the general exemptions in 1720-01-17-.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 49-9-209(e).
• Administrative History: Emergency rules filed August 13, 2020; effective through February 9, 2021. Emergency rules expired effective February 10, 2021, and the rules reverted to their previous statuses. New rules filed May 14, 2021; effective August 12, 2021.

Tenn. Comp. R. & Regs. 1720-01-17-.04 VARICELLA (CHICKEN POX)

(1) General requirement: All students must provide proof of immunization for varicella within seven (7) business days before the first day of classes or the date on which the student’s program begins, as applicable.

(2) Exemptions: In addition to the general exemptions in 1720-01-17-.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 49-9-209(e).
• Administrative History: Emergency rules filed August 13, 2020; effective through February 9, 2021. Emergency rules expired effective February 10, 2021, and the rules reverted to their previous statuses. New rules filed May 14, 2021; effective August 12, 2021.

Tenn. Comp. R. & Regs. 1720-01-17-.05 MENINGOCOCCAL DISEASE

(1) All students who reside in University residential facilities must provide proof of adequate immunization against meningococcal disease as recommended for adults in the current advisory committee on immunization practices “Recommended Adult Immunization Schedule” published by the Center for Disease Control within seven (7) business days before the date on which the student moves in to the residential facility. 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 49-9-209(e).
• Administrative History: New rules filed May 14, 2021; effective August 12, 2021.

Tenn. Comp. R. & Regs. 1720-01-17-.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 49-9-209(e).
• Administrative History: New rules filed May 14, 2021; effective August 12, 2021.

Tenn. Comp. R. & Regs. 1720-01-17-.07 OTHER REQUIREMENTS

(1) All students admitted into a college of medicine, a college of nursing, a college of pharmacy, a college of dentistry, 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) MMR (Measles, Mumps, Rubella);

(c) Varicella;

(d) Polio;

(e) Tuberculosis;

(f) Influenza;

(g) Hepatitis B;

(h) Any other immunization recommended for healthcare personnel as issued by the CDC; and (i) Any other vaccination as dictated by the specific clinical program in which the student is enrolled.

(2) The University may require students to provide proof of immunization for any other vaccination recommended by the Centers for Disease Control (CDC) or the Tennessee Department of Health. If the University requires any immunizations under this section, the University shall establish a timeframe for providing proof of such immunization to the University.

(3) For the purpose of 1720-01-17-.07, the University may determine that no exception to immunization requirements will be granted under the following circumstances:

(a) In the professional and academic judgment of the applicable college or program, the risk to patient and/or student safety outweighs the need for an exemption; or (b) A clinical/experiential training site does not allow for an exemption to a specific immunization requirement and the training is fundamental to the academic program.

History

• Authority: T.C.A. §§ 49-7-124(g) and 49-9-209(e).
• Administrative History: New rules filed May 14, 2021; effective August 12, 2021.

Tenn. Comp. R. & Regs. 1720-01-17-.08 PROOF OF IMMUNIZATION

(1) Proof of immunization may include, but not be limited to:

(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) Titer laboratory report proof of immunity;

(d) Military form DD 214;

(e) Active Military – ID must be provided;

(f) A form immunization certificate as provided by the University; or (g) Any other proof deemed appropriate by the University and allowed by state law or

regulation.

History

• Authority: T.C.A. §§ 49-7-124(g) and 49-9-209(e).
• Administrative History: New rules filed May 14, 2021; effective August 12, 2021.

Chapter 1720-02-01 Honor Code

Tenn. Comp. R. & Regs. 1720-02-01-.01 PURPOSE

(1) Preamble. The Honor Code of the University of Tennessee at Chattanooga (“University” or “UTC”) is designed to foster and develop a climate of honesty and integrity by giving students a primary responsibility for upholding the standards under the Honor Code. The Honor Code is based upon the assumption that each student recognizes the fundamental importance of honesty. Students are responsible for conducting themselves in accordance with the rules and regulations of the Honor Code, and insuring that other members of the University community uphold the standards as well.

(2) Honor Code Pledge.

(a) The University's Honor Code Pledge states: “As a student of the University of Tennessee at Chattanooga, I pledge that I will not give or receive any unauthorized assistance with academic work or engage in any academic dishonesty in order to gain an academic advantage. I will exert every effort to insure that the Honor Code is upheld by myself and others, affirming my commitment to a campus-wide climate of honesty and integrity.”

(b) By matriculating as a student at the University, a University student indicates his/her affirmation of the Honor Code Pledge, including the obligation to comply with the Honor Code.

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 rule filed September 15, 1976; effective October 15, 1976. Amendment filed August 22, 1980; effective December 1, 1980. Amendment filed August 30, 1981; effective November 30, 1981. Amendment filed August 31, 1982; effective November 15, 1982. Amendment filed October 16, 1984; effective January 14, 1985. Repeal and new rule filed May 27, 1986; effective August 12, 1986. Repeal and new rules filed September 30, 2019; effective December 29, 2019.

Tenn. Comp. R. & Regs. 1720-02-01-.02 DEFINITIONS

When used in this Chapter, the following words, terms, or phrases shall have the following meanings:

(1) Academic dishonesty: Any act of cheating, plagiarism, or other type of academic misconduct.

(2) Advisor: A person who provides assistance to a Complainant or Respondent during the Honor Code Process, as provided under Section .05(3) of this Chapter.

(3) Business day: An official workday during which the University conducts business. Typically, a business day is a weekday (Monday through Friday), excluding any weekdays designated by the University as a holiday or in which the University is administratively closed. Each business day commences at 8:00 a.m. and ends at 5:00 p.m.

(4) Chancellor: The University's chief executive officer to whom the President of the University of Tennessee system has delegated primary responsibility for administration of University operations, policies, and procedures.

(5) Complainant: Any member of the University community, including, without limitation, any University employee, student, organization, academic department, academic program, college, or unit, that reports an alleged violation of the Honor Code.

(6) Designee: A University Official or office designated with the authority to carry out a duty or role on behalf of another University Official or office.

(7) Faculty: A University employee who holds faculty rank and whose primary appointment is to engage in academic instruction, research, or service.

(8) Faculty Senate: The representative body of the University's faculty composed of elected faculty representatives as well as administrators with ex officio status.

(9) Faculty Senate President: The executive officer of the Faculty Senate elected from the faculty membership of the Faculty Senate.

(10) Faculty Senate Executive Committee: A standing committee of the Faculty Senate composed of the faculty executive officers of the Faculty Senate.

(11) Formal Hearing: A University hearing before a fair and impartial decision-maker in which a Respondent may contest charges of Honor Code violations and/or disciplinary sanctions issued against the Respondent, as provided under Section .07(1) of this Chapter.

(12) Honor Code: The Honor Code of the University of Tennessee at Chattanooga and its related standards, processes and procedures, as set forth in this Chapter.

(13) Honor Code Board: A hearing board consisting of students and faculty which serves as the decision-maker in an Honor Code Board Hearing, as provided under Section .09 of this

Chapter.

(14) Honor Code Board Hearing: A type of Formal Hearing in which an Honor Code Board serves as the decision-maker, as provided under Section .09 of this Chapter.

(15) Honor Code Officer: A faculty member, appointed by the Faculty Senate, who serves on the Honor Code Board and is responsible for conducting an Honor Code Officer Hearing, as provided under Section .08 of this Chapter.

(16) Honor Code Officer Hearing: A type of Formal Hearing in which an Honor Code Officer serves as the decision-maker, as provided under Section .08 of this Chapter.

(17) Honor Code Process: The processes and procedures as set forth in rules within this Chapter for resolving alleged violations of the Honor Code.

(18) Member of the University community: Any person who is a student, faculty member, staff employee, campus visitor, or participant in a University-sponsored or University-Affiliated Activity, or any organization that participates in a University-sponsored or University-Affiliated Activity.

(19) Notice: Notice given in writing and transmitted by one (1) or more of the following: (i) e-mail to a student's University-issued e-mail account; (ii) United States mail, (iii) courier service, and/or (iv) hand-delivery to the address the University's Records Office has on file for the student. When a notice is transmitted by e-mail, the notice is effective on the date the e-mail is sent. E-mail to a student's University-issued e-mail address is an official method of communication used by the University. 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.

(20) Office of the Dean of Students: The University office designated with primary responsibility for the administration of the Office of Student Conduct. The Office of the Dean of Students may act as or on behalf of the Office of Student Conduct.

(21) Office of Student Conduct: The University office designated with responsibility for administering the Honor Code-related rules, processes, procedures, training, and education.

(22) Provost: The University's chief academic officer and the University Official to whom the Chancellor has delegated primary responsibility for the administration and enforcement of the Honor Code.

(23) Relevant information: Information having any tendency to make the existence of any fact that is of consequence to determining whether a Respondent violated the Honor Code more probable or less probable than it would be without the information.

(24) Respondent: A student who has been accused of violating the Honor Code.

(25) Staff: Any full-time or part-time University employee not primarily engaged in academic instruction, research, or service who holds either an exempt or non-exempt position with or without administrative, executive, or managerial responsibilities, excluding student employees of the University.

(26) Student: A person who:

(a) Is admitted, enrolled or registered for study at the University, either full-time or parttime, pursuing undergraduate, graduate, professional, and/or non-degree courses; or (b) Has completed a preceding academic term at the University and is eligible for reenrollment without re-applying for admission and/or otherwise has a continuing relationship with the University; or (c) Attended the University during a previous academic term and engaged in academic misconduct during his or her time of enrollment; or (d) Is admitted to the University and later matriculated at the University, and committed academic misconduct during the application process or during the period of time between admission and matriculation at the University.

(27) Student Code of Conduct: The Student Code of Conduct of the University of Tennessee at Chattanooga, as set forth under Chapter 1720-02-05.

(28) Student Conduct Record: The collective printed or electronic record of any cases involving alleged violations of the Student Code of Conduct by a student, including violations of the Honor Code. A Student Conduct Record may include, without limitation, incident report(s), correspondence, investigation report(s), interview records, demographic information, evidence, hearing records and recordings, and the student's conduct history.

(29) UAPA: The Uniform Administrative Procedures Act, Tenn. Code Ann. §§ 4-5-101 et seq.

(30) UAPA Administrative Judge: A hearing officer who presides over and serves as the decisionmaker in a UAPA hearing.

(31) UAPA Hearing: A type of Formal Hearing conducted by a UAPA Administrative Judge in accordance with Chapter 1720-01-05 and the UAPA.

(32) University: The University of Tennessee at Chattanooga.

(33) University-Affiliated Activity: Any activity, on or off University-controlled property, that is initiated, aided, authorized, sponsored, or supervised by the University.

(34) University Official: A University employee when acting in the course and scope of his or her employment duties.

(35) Vice Chancellor for Student Affairs: The University's chief student affairs officer to whom the Chancellor has delegated primary authority and responsibility for the administration of the Student Code of Conduct.

History

• Authority: T.C.A. §§ 4-5-101, et seq. and 49-9-2019(e); Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5; and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Amendment filed August 31, 1982; effective November 15, 1982. Amendment filed October 16, 1984; effective January 14, 1985. Repeal and new rule filed May 27, 1986; effective August 12, 1986. Amendment filed June 18, 1896; effective October 28, 1996. Repeal and new rules filed September 30, 2019; effective December 29, 2019.

Tenn. Comp. R. & Regs. 1720-02-01-.03 JURISDICTION AND APPLICATION

(1) Jurisdiction. The Honor Code applies to every student of the University, without regard to the student's academic program, standing, location, or type of activity. The Honor Code applies to a student's conduct relating to any University-Affiliated Activity, regardless of the location of the University-Affiliated Activity, including, without limitation, an overseas study program, clinical/field placement, internship, or in-service experience.

(2) Time Period of Application to Students. The Honor Code applies to the conduct of a student from the time of the student's application for admission to the University through the entire time that the student is a candidate for and/or is awarded a degree from the University (even if a student's conduct which violates the Honor Code is not discovered by the University until after the University awards a degree to the student). The Honor Code applies to a student's conduct that occurs during the academic year, between semesters, and during periods between terms of actual enrollment at the University.

(3) Withdrawal with Pending Allegations. If a student withdraws from the University while allegations of Honor Code violations are pending against the student, the University retains the right to investigate and resolve the allegations before the University may allow the student to re-enroll at the University, and the student's academic record and/or ability to register for classes may be encumbered until such time that the allegations are resolved.

(4) Concurrent Non-Honor Code Violations of the Student Code of Conduct. In cases involving allegations of both Honor Code violations and non-Honor Code violations of the Student Code of Conduct, the alleged Honor Code violations will be resolved in accordance with the Honor Code procedures under this Chapter separately from resolution of the alleged non-Honor Code violations, which will be resolved pursuant to the procedures under Chapter 1720-02- 05. In such cases, disciplinary sanctions may be issued against the Respondent for any Honor Code violations separate from and additional to disciplinary sanctions issued for any non-Honor Code violations of the Student Code of Conduct.

(5) Violations of Professional Standards or Ethics. Graduate or professional programs within the University may take separate and independent action against students for alleged violations of professional and/or ethical standards using procedures other than those contained in the Honor Code.

(6) Effect on Coursework. Coursework by a Respondent involving an alleged Honor Code violation and, if applicable, the Respondent's final grade for the course, will be recorded as incomplete during the pendency of the resolution of the alleged violation under the Honor Code Process. All other coursework performed by the Respondent during the Honor Code Process will be considered conditional. Credit for the Respondent's coursework involving the alleged Honor Code violation or performed during the pendency of the Honor Code Process may be affected, delayed, denied, and/or revoked based on a finding of an Honor Code violation and/or a disciplinary sanctions imposed against the Respondent under the Honor Code. In addition, subject to the other provisions of the Honor Code, a delay in the granting of a degree or diploma may be imposed, or a degree that is awarded prior to a decision under the Honor Code may be revoked.

(7) Withdrawal During the Honor Code Process. If a Respondent voluntarily withdraws from the University before the conclusion of the Honor Code Process, the University retains the right to investigate and resolve the allegations against the Respondent as a condition of the Respondent being allowed to re-enroll in the University. A Disciplinary Hold on the Respondent's record, as provided under Section .13(2) of Chapter 1720-02-05, may be implemented or remain in place after the Respondent withdraws in order to enforce this

Section .03(8).

(8) Time Extensions and Rescheduling. Any time period specified under the Honor Code may be extended for good cause at the discretion of the Office of Student Conduct. Any hearing or meeting described in the Honor Code may be rescheduled for good cause at the discretion of the Office of Student Conduct.

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 rule filed September 15, 1976; effective October 15, 1976. Amendment filed August 31, 1982; effective November 15, 1982. Repeal and new rule filed May 27, 1986; effective August 12, 1986. Repeal and new rules filed September 30, 2019; effective December 29, 2019.

Tenn. Comp. R. & Regs. 1720-02-01-.04 HONOR CODE STANDARDS

All students are prohibited from engaging in the following acts of academic dishonesty:

(1) Cheating: A form of academic dishonesty in which there is an intent to deceive and in which the use of unauthorized materials or assistance is exploited. Examples of cheating include, without limitation: (i) copying another's work; (ii) obtaining or giving unauthorized assistance on exams, papers, or other coursework; (iii) unauthorized collaboration or collusion with another person on an examination or academic assignment; (iv) having another person take an exam for the student by proxy; and (v) the use of unauthorized materials or devices, including, but not limited to, computers, calculators, cell phones, cheat sheets, or other resources not allowed by the course instructor.

(2) Plagiarism: The use of intellectual property or work product of another without giving proper credit. Examples of plagiarism include, without limitation: (i) using written or spoken words, phrases, or sentences from any source without proper attribution or citation; (ii) summarizing ideas from another source without proper attribution or citation, unless such information is recognized as common knowledge; (iii) using facts, statistics, graphs, pictorial representations, or phrases in one's work without acknowledgment or proper attribution of the source of such information, unless such information is recognized as common knowledge; (iv) submitting work as one's own that is either in whole or in part created by a professional service; and (v) using previously submitted academic work by the student for any assignment without the permission of the course instructor.

(3) Falsification, Fabrication, or Misrepresentation: Falsifying, fabricating, or misrepresenting data, laboratory results, research results, citations, or other information in connection with an academic assignment, or altering grades, answers, or marks in an effort to change the earned grade or credit.

(4) Use of Unauthorized Materials: Providing, bringing, receiving, and/or using unauthorized material during an examination or for any academic assignment.

(5) Use of Unauthorized Assistance: Providing, bringing, receiving, and/or using unauthorized assistance during an examination, laboratory work, field work, scholarship, or other academic assignment, or collaborating with another on a graded assignment without the instructor's approval.

(6) Gaining Unfair Advantage: Gaining an objectively unfair academic advantage by failing to observe the expressed procedures or instructions relating to an exam or academic assignment.

(7) Causing Unfair Disadvantage: Engaging in any conduct that unfairly places another student at a disadvantage, including, but not limited to, taking, hiding, or altering resource material or manipulating a grading system.

(8) Attempting or Assisting a Violation: Attempting to commit a violation of the Honor Code or assisting others to commit a violation of the Honor Code.

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 rule filed September 15, 1976; effective October 15, 1976. Repeal and new rule filed May 27, 1986; effective August 12, 1986. Repeal and new rules filed September 30, 2019; effective December 29, 2019.

Tenn. Comp. R. & Regs. 1720-02-01-.05 DUE PROCESS RIGHTS

(1) Rights of the Respondent.

A Respondent will have the following rights during the Honor Code Process:

(a) The right to a prompt, thorough, and equitable investigation.

(b) The right to be informed of all charges in writing.

(c) Task questions and receive information about the case, including, without limitation, the status of an investigation.

(d) The right to remain silent in any investigation, meeting, or hearing.

(e) The right to a fair and equitable hearing.

(f) The right to receive notice of hearings at which the Respondent may be present.

(g) The right to access any information or documents that will be used during a hearing, unless prohibited by law.

(h) The right to challenge, for good cause, the fairness and/or impartiality of any Honor Code Officer, Honor Code Board Chairperson, Honor Code Board member, or UAPA Administrative Judge. The Provost (or his or her designee) will decide on challenges to Honor Code Officers or Honor Code Board Chairpersons. The Honor Code Board Chairperson will decide on challenges to Honor Code Board members. Challenges to UAPA Administrative Judges will be decided according to the UAPA hearing procedures under Chapter 1720-01-05.

(i) The right to challenge all charges and testimony presented; to present witnesses and other evidence; and to challenge the admissibility of evidence.

(j) The right not to be questioned directly by the Complainant during a hearing.

(k) The right to be informed in writing of the decision of the decision-maker in a case, and if applicable, the proper procedure for appealing the decision.

(l) The right to appeal the decision of the decision-maker in an Honor Code Officer Hearing, Honor Code Board Hearing, or UAPA Hearing.

(m) The right to be assisted by an advisor during all stages of the Honor Code Process in accordance with Section .05(3) of this Chapter.

(2) Rights of the Complainant.

A Complainant will have the following rights during the Honor Code Process:

(a) The right to a prompt, thorough, and equitable investigation.

(b) The right to ask questions and receive information about the case, including, without limitation, the status of an investigation.

(c) The right to remain silent in any investigation, meeting, or hearing.

(d) The right to receive notice of any hearings at which the Complainant may be present.

(e) The right to access any information or documents that may be used during a hearing, unless prohibited by law.

(f) The right to challenge, for good cause, the fairness and/or impartiality of any Honor Code Officer, Honor Code Board Chairperson, Honor Code Board member, or UAPA Administrative Judge. The Provost (or his or her designee) will decide on challenges to Honor Code Officers or Honor Code Board Chairpersons. The Honor Code Board Chairperson will decide on challenges to Honor Code Board members. Challenges to UAPA Administrative Judges will be decided according to the UAPA hearing procedures under Chapter 1720-01-05.

(g) The right to challenge all testimony presented; to present witnesses and other evidence; and to challenge the admissibility of evidence.

(h) The right not to be questioned directly by the Respondent during a hearing.

(i) The right to be informed in writing of the decision of the decision-maker in a case, and if applicable, the proper procedure for appealing the decision.

(j) The right to appeal the decision of the decision-maker in an Honor Code Officer Hearing, Honor Code Board Hearing, or UAPA Hearing.

(k) The right to be assisted by an advisor during all stages of the Honor Code Process in accordance with Section .05(3) of this Chapter.

(3) Right to an Advisor.

(a) The Complainant and the Respondent each may choose to be assisted by one (1) advisor during all stages of the Honor Code Process.

(b) A student Complainant or a Respondent who chooses to be assisted by an advisor is encouraged to consider selecting a University employee who has received training about the Honor Code Process from the Office of Student Conduct. A student Complainant and the Respondent may obtain the names of trained advisors from the Office of Student Conduct. At their own expense, a student Complainant and the Respondent may choose a person who is not employed by the University to serve as an advisor. A student Complainant and the Respondent should select as an advisor a person whose schedule allows attendance at the scheduled date, time, and place for meetings and hearings, as delays will generally not be granted due to the scheduling conflicts of an advisor.

(c) A faculty or staff member Complainant who chooses to be assisted by an advisor is encouraged to consider selecting a supervisor as his or her advisor.

(d) The role of an advisor is limited to assisting, advising, and/or supporting a Complainant or Respondent during the Honor Code Process. An advisor is not permitted to speak for or on behalf of a Complainant or Respondent, appear in lieu of a Complainant or Respondent, participate as a witness, or participate directly in any other manner during any phase of the Honor Code Process, including, without limitation, an Honor Code Officer Hearing or Honor Code Board Hearing. However, in a UAPA Hearing, the Complainant and the Respondent are entitled to be represented by legal counsel at their own expense.

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 rule filed September 15, 1976; effective October 15, 1976. Amendment filed August 31, 1982; effective November 15, 1982. Repeal and new rule filed May 27, 1986; effective August 12, 1986. Amendment filed November 22, 1993; effective March 30, 1994. Repeal and new rules filed September 30, 2019; effective December 29, 2019.

Tenn. Comp. R. & Regs. 1720-02-01-.06 HONOR CODE PROCESS – INITIAL AND PRE-RESOLUTION STAGES

(1) Initiation of the Honor Code Process.

(a) The University may initiate the Honor Code Process on the basis of written allegations received from a Complainant. The University may also initiate the Honor Code Process in the absence of written allegations if the University becomes aware, through other means, of potential Honor Code violations committed by a student.

(b) Upon receipt of written allegations or other information concerning potential Honor Code violations, the Office of Student Conduct (or designee), on behalf of the University, will review the information and initiate the Honor Code Process by scheduling a Preliminary Meeting with the Respondent as provided under Section .06(3) of this Chapter.

(2) Notice of Allegations.

(a) If the Office of Student Conduct (or designee) determines to initiate the Honor Code Process, it will provide a Notice of Allegations to the Respondent.

(b) The Notice of Allegations will:

1. Inform the Respondent that the University has received allegations that the Respondent has violated the Honor Code and that the University has begun or will begin an investigation of the alleged violations;

2. Provide a brief description of the alleged Honor Code violation(s);

3. Notify the Respondent of his or her right to be assisted and/or supported by an advisor at all stages of the Honor Code Process;

4. Either notify the Respondent of the date, time, and location of the Preliminary Meeting, or instruct the Respondent to contact the Office of Student Conduct (or designee) within five (5) business days of the effective date of the notice to schedule a Preliminary Meeting;

5. Inform the Respondent of the consequences for failure to schedule or appear at a Preliminary Meeting, as provided under Section .06(3)(a) of this Chapter; and 6. Provide the website address where the Respondent can review a copy of the Honor Code and instruct the Respondent to review the Honor Code rules for information about the Honor Code Process.

(3) Preliminary Meeting.

After a Notice of Allegations is issued to a Respondent, the Office of Student Conduct (or designee) will hold a Preliminary Meeting with the Respondent in accordance with Section .06(3)(b) of this Chapter, unless the Respondent fails to schedule a Preliminary Meeting or fails to appear at a scheduled Preliminary Hearing as provided under Section .06(3)(a) of this

Chapter.

(a) Failure to Schedule or Appear at Preliminary Meeting. If the Respondent fails to contact the Office of Student Conduct (or designee) within five (5) business days of the effective date of the Notice of Allegations to schedule a Preliminary Meeting or fails to appear at a scheduled Preliminary Meeting, the Respondent waives his or her right to a Preliminary Meeting and the right to select the type of Formal Hearing for resolution of the allegations, unless the Respondent's failure to schedule or appear at a Preliminary Meeting is excused by the Office of Student Conduct upon a showing of good cause. If the Respondent waives his or her right to a Preliminary Hearing as provided under this

Section .06(3)(a) and the Office of Student Conduct (or designee) determines that charges should be issued based on the information available, the Office of Student Conduct (or designee) will select the type of Formal Hearing for resolution of the charge(s) and provide the Respondent with a Notice of Charges in accordance with

Section .06(5) of this Chapter. Notwithstanding any provisions to the contrary in this

Section .06(3)(a), in cases in which the Respondent has the right to a UAPA Hearing, the Respondent waives his or her right to a UAPA Hearing only as provided under

Section .07(1)(d) of this Chapter.

(b) Appearance at Scheduled Preliminary Meeting. If the Respondent appears at a scheduled Preliminary Meeting, the Office of Student Conduct (or designee) will conduct a Preliminary Meeting with the Respondent in the following general manner:

1. The Office of Student Conduct (or designee) will inform the Respondent of the allegations against the Respondent, and if requested, provide the Respondent with a reasonable opportunity to review the written allegations.

2. The Office of Student Conduct (or designee) will provide the Respondent with an opportunity to respond to the allegations through various means, including, without limitation, the presentation of any information for consideration by the Office of Student Conduct (or designee) and/or the identification of any witnesses the Respondent believes have relevant information.

3. Both the Office of Student Conduct (or designee) and the Respondent may ask questions and seek clarifying information about the allegations, possible sanction(s), and the Honor Code Process.

4. If, based on the available information provided by the Respondent, the Office of Student Conduct (or designee) determines that no additional investigation of the allegations is needed, the Office of Student Conduct (or designee) will inform the Respondent of the Formal Hearing options available for resolution of the allegations. The Respondent will then be provided with the opportunity to select the type of Formal Hearing through which to contest the allegations. Upon the Respondent's selection of the type of Formal Hearing, the Preliminary Meeting will be concluded, and the Office of Student Conduct (or designee) will provide the Respondent with a Notice of Charges in accordance with Section .06(5) of this Chapter.

5. If, based on the available information provided by the Respondent, the Office of Student Conduct (or designee) determines that additional investigation is needed, the Preliminary Meeting will be concluded, and the Office of Student Conduct (or designee) will continue its investigation in accordance with the applicable procedures under Section .06(4) of this Chapter.

(4) Investigations.

(a) The Office of Student Conduct may delegate to and/or collaborate with the Office of Research Integrity or other designated University Official on the investigation of alleged Honor Code violations.

(b) Investigations will be conducted in a prompt, thorough, ethical, and equitable manner.

(c) When conducting an investigation, the Office of Student Conduct (or other designated investigator) will act as a fair and impartial party rather than as a representative of the person, office, unit, or organization that submitted the allegations.

(d) During an investigation, the Complainant(s), the Respondent(s), witnesses, or any other persons may be interviewed, and other relevant information and documentation will be obtained as applicable. The Office of Student Conduct (or other designated investigator) is not obligated to interview a witness identified by the Complainant or the Respondent if the Office of Student Conduct (or other designated investigator) believes the witness is not likely to possess relevant information, information from the witness is not likely to lead to the discovery of relevant information, or the information the witness is likely to possess is cumulative of other information already gathered. The Office of Student Conduct (or other designated investigator) may re-interview the Complainant(s), Respondent(s), witnesses, and/or any other person at any time during the investigation in order to obtain additional and/or clarifying information.

(5) Notice of Charges.

(a) If the Office of Student Conduct (or designee) determines, either at the end of the Preliminary Meeting as provided under Section .06(3)(b) of this Chapter or at the conclusion of the investigation, that the Honor Code Process should proceed with respect to the allegations, then the Office of Student Conduct (or designee) will provide the Respondent with a Notice of Charges.

(b) The Notice of Charges will include, without limitation, the following information:

1. A description of the conduct the Respondent is charged with committing, the specific Honor Code violation(s) charged against the Respondent, and the recommended disciplinary sanctions;

2. The types of Formal Hearings available for resolution of the charge(s);

3. That the Respondent must request one (1) of the available Formal Hearing options in writing within five (5) business days of the effective date of the Notice of Charges or otherwise waives the right to select the type of Formal Hearing for resolution of the charge(s); and 4. The Respondent's right to be assisted and/or supported by an advisor at all stages of the Honor Code Process. In cases in which the UAPA requires the University to offer the Respondent a UAPA Hearing, the notice shall notify the Respondent of his or her right to be assisted or represented by legal counsel if the Respondent decides to contest the charge(s) through a UAPA Hearing.

History

• Authority: T.C.A. §§ 4-5-101, et seq. and 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 rule filed September 15, 1976; effective October 15, 1976. Amendment filed August 31, 1982; effective November 15, 1982. Repeal and new rule filed May 27, 1986; effective August 12, 1986. Repeal and new rules filed September 30, 2019; effective December 29, 2019.

Tenn. Comp. R. & Regs. 1720-02-01-.07 HONOR CODE PROCESS – METHODS OF RESOLUTION

Charges or allegations of violations of the Honor Code may be resolved in one (1) of the following ways:

(1) Resolution by Formal Hearing. A Formal Hearing is a process for resolving charges of violations of the Honor Code in which the Respondent is provided the opportunity to contest the charges through the presentation of evidence at a hearing before a fair and impartial decision-maker.

(a) Types of Formal Hearings. Charges of violations of the Honor Code may be resolved through one (1) of three (3) types of Formal Hearings, depending on the gravity of the disciplinary sanctions proposed for the charge:

1. Honor Code Officer Hearing. A hearing held before an Honor Code Officer in accordance with Section .08 of this Chapter. An Honor Code Officer Hearing will be offered in every case, except where a faculty or staff member Complainant requests that an Honor Code Officer Hearing not be offered as a hearing option for resolution of the charges.

2. Honor Code Board Hearing. A hearing held before an Honor Code Board in accordance with Section .09 of this Chapter. An Honor Code Board Hearing will be offered in every case.

3. UAPA Hearing. A “contested case” hearing under the UAPA held before a UAPA Administrative Judge in accordance with Chapter 1720-01-05. A Respondent has the right to a UAPA Hearing only when the UAPA requires the University to offer a UAPA Hearing as determined by the gravity of the disciplinary sanction(s) proposed for the charge.

(b) Request for Type of Formal Hearing. Within five (5) business days of the effective date of the Notice of Charges, the Respondent must select in writing one (1) of the types of Formal Hearing available for resolution of the charge(s) using the form(s) provided by the Office of Student Conduct (or designee). A verbal request by the Respondent for a type of Formal Hearing will not constitute a valid request. By selecting a type of Formal Hearing, the Respondent waives the right to contest the charge(s) through another type of Formal Hearing.

(c) Failure to Request Type of Formal Hearing. If, within five (5) business days of the effective date of the Notice of Charges, the Respondent fails to request in writing the type of Formal Hearing, the Respondent waives the right to select the type of Formal Hearing for resolution of the charge(s), unless the Respondent's failure to select the type of Formal Hearing is excused by the Office of Student Conduct upon a showing of good cause. If the Respondent waives his or her right to select the type of Formal Hearing as provided under this Section .07(1)(c), the Office of Student Conduct (or designee) will select the type of Formal Hearing and will provide notice to the Respondent of the type of Formal Hearing selected and the date, time, and place of the hearing.

(d) Waiver of UAPA Hearing. Notwithstanding any provisions in this Chapter to the contrary, in a case in which the UAPA requires that the University offer the Respondent a UAPA Hearing, the Respondent waives his or her right to a UAPA Hearing only if the Respondent executes a voluntary written waiver of his or her right to a UAPA Hearing.

(2) Resolution by Resolution Agreement. At any time during the Honor Code Process, a faculty member Complainant may propose to the Respondent to resolve allegations or charges of Honor Code violations by Resolution Agreement in lieu of a Formal Hearing. A proposed Resolution Agreement must be reduced to writing by the faculty member Complainant using the form(s) provided by the Office of Student Conduct (or designee). The Respondent may accept the proposed resolution and sanctions (if applicable) by signing the proposed Resolution Agreement. The Resolution Agreement will become binding and effective after it is signed by the Respondent and the faculty member Complainant. The faculty member Complainant must send the fully-executed Resolution Agreement to the Office of Student Conduct (or designee) within five (5) business days after the agreement has been fullyexecuted.

(a) By signing a Resolution Agreement, the Respondent: (i) accepts responsibility for the Honor Code violations stated in the agreement; (ii) agrees to the imposition of the disciplinary sanctions stated in the agreement (if applicable); and (iii) waives all rights the Respondent may have to resolve the allegations or charges through a Formal Hearing.

(b) A Respondent may not revoke or appeal a Resolution Agreement at any time after the Respondent signs the agreement.

History

• Authority: T.C.A. §§ 4-5-101, et seq. and 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 rule filed November 22, 1993; effective March 30, 1994. Repeal and new rules filed September 30, 2019; effective December 29, 2019.

Tenn. Comp. R. & Regs. 1720-02-01-.08 HONOR CODE OFFICER HEARINGS

An Honor Code Officer Hearing is held before and conducted by an Honor Code Officer. The Honor Code Officer serves as the decision-maker in determining whether the Respondent is responsible for the charged Honor Code violation(s) and the disciplinary sanction(s), if any, to be imposed.

(1) Honor Code Officer. An Honor Code Officer is a faculty member selected by the Faculty Senate to serve on the Honor Code Board. Honor Code Officers are trained by the Office of Student Conduct to conduct Honor Code Officer Hearings in accordance with the Honor Code.

(2) Fairness & Impartiality. The Honor Code Officer will be fair and impartial. Any party to an Honor Code Officer Hearing has the right to challenge the fairness or impartiality of the Honor Code Officer. Any Honor Code Officer lacking fairness or impartiality will recuse himself or herself or may, for good cause and at the discretion of the Provost (or his or her designee) or the Faculty Senate President (or his or her designee), be removed from serving as Honor Code Officer for the hearing.

(3) Notice. If an Honor Code Officer Hearing is selected for resolution of the charge(s), the Honor Code Officer will send the Respondent and the Complainant notice of the time, place, and date of the hearing at least five (5) business days in advance of the date of the hearing.

(4) Hearing Procedure. An Honor Code Officer will conduct an Honor Code Officer Hearing in accordance with the following general procedures and rules:

(a) The hearing will be closed to the public.

(b) The Honor Code Officer will determine all procedural questions. The Honor Code Officer may be assisted by a procedural advisor appointed by the Office of Student Conduct.

(c) Each Respondent and Complainant will be considered a party to the proceeding.

(d) Each party and his or her advisor (if any) will be allowed to attend the portion of the hearing during which questioning is conducted and information is received by the Honor Code Officer.

(e) Each party will be afforded a full and fair opportunity to present all evidence, including witness testimony that reasonably relates to the charge or action at issue.

(f) The Honor Code Officer may limit the presentation of evidence which is irrelevant or unreasonably repetitious or voluminous.

(g) The Honor Code Officer will consider all evidence presented and give due consideration to the credibility or weight of the information presented. Technical rules of evidence, such as evidentiary rules applicable to civil or criminal court proceedings, will not apply.

(h) The Honor Code Officer will apply the preponderance of the evidence standard in determining whether or not the Respondent is responsible for the charged Honor Code violations.

(i) An appropriate record of the hearing proceedings will be made. An audio or video record may be made of the hearing. Defects in the record will not invalidate the proceedings.

(j) Following the conclusion of the hearing, the Honor Code Officer will provide each party with a Notice of Decision setting forth the Honor Code Officer's decision on responsibility and, if applicable, the disciplinary sanctions to be issued against the Respondent and their effective date.

(5) Multiple Respondents. In cases involving more than one (1) Respondent, the Honor Code Officer has the discretion to hold one (1) hearing for all of the Respondents or separate hearings for each Respondent. Any Respondent may, prior to the hearing, request that his or her hearing be conducted separately from the other Respondent(s). Such a request must be made in writing to the Honor Code Officer using the form(s) provided by the University. The Honor Code Officer will decide whether or not to grant such a request, and the Honor Code Officer's decision will be final.

(6) Failure to Appear. If proper notice of the Honor Code Officer Hearing is provided to the Respondent in accordance with Section .08(3) of this Chapter but the Respondent fails to appear at the hearing, the Honor Code Officer has the discretion to hold the hearing in the party's absence or to reschedule the hearing. If the Honor Code Officer holds the hearing in a party's absence, the absent party will be subject to any decision(s) made by the Honor Code Officer, including any decision to issue disciplinary sanction(s) against the Respondent.

Notwithstanding the foregoing provisions of this Section .08(6), the Honor Code Officer may decline to issue a Notice of Decision following the conclusion of the hearing and schedule a new hearing upon a showing of good cause by the absent party for his or her failure to appear.

(7) Appeal. The decision of the Honor Code Officer may be appealed to the Provost (or his or her designee) in accordance with Section .11 of this Chapter.

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 rule filed September 15, 1976; effective October 15, 1976. Amendment filed August 31, 1982; effective November 15, 1982. Amendment filed October 16, 1984; effective January 14, 1985. Repeal and new rule filed May 27, 1986; effective August 12, 1986. (Formerly 1720-02-01-.07) Amendment filed June 18, 1996; effective October 28, 1996. Repeal and new rules filed September 30, 2019; effective December 29, 2019.

Tenn. Comp. R. & Regs. 1720-02-01-.09 HONOR CODE BOARD HEARINGS

An Honor Code Board Hearing is held before a panel of Honor Code Board members and chaired by an Honor Code Board Chairperson. The Honor Code Board members serve as the decision-makers in determining whether the Respondent is responsible for the charged Honor Code violation(s) and the disciplinary sanction(s), if any, to be imposed.

(1) Honor Code Board Chairperson. The Honor Code Board Chairperson is a faculty member appointed by the Faculty Senate to preside over and facilitate an Honor Code Board Hearing to ensure that the hearing is conducted in accordance with the Honor Code. Except as provided under Section .09(7)(j) of this Chapter, the Honor Code Board Chairperson will not vote on the issues to be decided by the Honor Code Board. The Honor Code Board Chairperson will be trained by the Office of Student Conduct on the procedures for conducting an Honor Code Board Hearing in accordance with the Honor Code. In the event the Honor Code Board Chairperson is absent or recused from a case, a faculty member on the Honor Code Board may serve as the acting Honor Code Board Chairperson for the case.

(2) Honor Code Board. The Honor Code Board is a panel of appointed students and faculty who are selected to serve as the decision-makers in an Honor Code Board Hearing.

(a) The full membership of the Honor Code Board consists of: (i) six (6) undergraduate students recommended by the Student Government Association and appointed by the Office of Student Conduct; (ii) six (6) graduate students recommended by the Graduate Student Association and appointed by the Office of Student Conduct; (iii) six (6) undergraduate-level faculty members appointed by the Faculty Senate; and (iv) six (6) graduate-level faculty members appointed by the Faculty Senate.

(b) For each Honor Code Board Hearing, (i) a minimum of six (6) Honor Code Board members is required to hear the case (excluding the Honor Code Board Chairperson); and (ii) the Honor Code Board hearing the case must consist of at least three (3) student members and at least three (3) faculty members who correspond to the academic level of the Respondent (e.g., for a case involving a Respondent who is an undergraduate student, the Honor Code Board hearing the case must consist of at least three (3) undergraduate students and at least three (3) undergraduate-level faculty members). Notwithstanding any provisions of this Section .09(2)(b) to the contrary, with the consent of the Complainant, Respondent and Honor Code Board Chairperson, an Honor Code Board hearing a case may consist of less than six (6) Honor Code Board members or be composed of less than three (3) student members and/or three (3) faculty members who correspond to the academic level of the Respondent.

(3) Fairness & Impartiality. The Honor Code Board members and the Honor Code Board Chairperson will be fair and impartial. Any party to an Honor Code Board Hearing will have the right to challenge the fairness or impartiality of the Honor Code Board Chairperson or any Honor Code Board member hearing the case. Any Honor Code Board member hearing the case who lacks fairness or impartiality will recuse himself or herself, or for good cause and at the Honor Code Board Chairperson's discretion, be removed from hearing the case. Any Honor Code Board Chairperson lacking fairness or impartiality will recuse himself or herself, or for good cause and at the discretion of the Provost (or his or her designee), be removed from presiding over the hearing.

(4) Notice. If an Honor Code Board Hearing is selected for resolution of the charge(s), the Office of Student Conduct will send the Respondent and the Complainant notice of the time, place, and date of the hearing at least five (5) business days in advance of the date of the hearing.

(5) Pre-Hearing Submissions from Parties. At least five (5) business days in advance of the date of the hearing, the Respondent and the Complainant must provide the following information to the Office of Student Conduct:

(a) The names of all witnesses the party plans to present at the hearing and a brief summary of the information that the party reasonably anticipates each witness to provide.

(b) A copy of all tangible or electronic information that the party plans to present at the hearing (including, but not limited to, witness statements, video or audio recordings, photographs, e-mails, text messages, telephone records, medical bills, demonstrative exhibits, etc.). The party may provide photographs of items of evidence that cannot be produced in a copy form.

(c) A copy of a written statement, if any, that the party wants the Honor Code Board members to consider. A Complainant's statement may include recommended sanctions for the Respondent's alleged Honor Code violation(s). The Respondent's statement may include a description of any factors the Respondent believes mitigate the alleged Honor Code violation(s) or proposed disciplinary sanction(s).

(6) Pre-Hearing Review of Information. After notice of the Student Conduct Board Hearing is provided to the Respondent and Complainant in accordance with Section .09(4) of this

Chapter, the Office of Student Conduct will make available to each party the materials submitted by each party and the University upon the request of a party. Notwithstanding any provision to the contrary in this Section .09(6), no less that one (1) business day prior to the hearing, the Office of Student Conduct will make the materials submitted by each party and the University available for review by each party and their respective advisors, the Honor Code Board Chairperson, and the Honor Code Board members hearing the case. The Office of Student Conduct will notify each party, the Honor Code Board Chairperson, and the Honor Code Board members hearing the case when the materials are ready for review in the Office of Student Conduct or when the materials will be sent to them electronically. The Office of Student Conduct may redact irrelevant and/or protected information from any materials made available for review.

(7) Hearing Procedure. The Honor Code Board Chairperson will conduct an Honor Code Board Hearing in accordance with the following general procedures and rules:

(a) The hearing will be closed to the public.

(b) The Honor Code Board Chairperson will determine all procedural questions. The Honor Code Board Chairperson may be assisted by a procedural advisor appointed by the Office of Student Conduct.

(c) Each Respondent and Complainant will be considered a party to the proceeding.

(d) Each party and their respective advisors will be allowed to attend the portion of the hearing during which questioning is conducted and information is received by the Honor Code Board members. The parties (and their advisors) will not be allowed to attend the portion of the hearing during which deliberations by the Honor Code Board members occur.

(e) Each party will be afforded a full and fair opportunity to present an opening statement, any evidence, including witness testimony, that reasonably relates to the charge or action at issue, and a closing statement.

(f) The Honor Code Board Chairperson may bar or limit the presentation of evidence which is not provided to the Office of Student Conduct in advance of the hearing in accordance with Section .09(5) of this Chapter, or which (i) is irrelevant, (ii) unreasonably repetitious or voluminous, or (iii) protected from disclosure under federal, state, or local law.

(g) The Honor Code Board members will consider all evidence presented and give due consideration to the credibility or weight of the information presented. Technical rules of evidence, such as evidentiary rules applicable to civil or criminal court proceedings, will not apply.

(h) The Honor Code Board members will apply the preponderance of the evidence standard in determining whether or not the Respondent is responsible for the charged Honor Code violation(s).

(i) An appropriate record of the hearing proceedings will be made. An audio or video record will be made of the hearing, except for the portion of the hearing in which the Honor Code Board members deliberate and vote on their decision. Defects in the record will not invalidate the proceedings.

(j) After all information for consideration has been presented to the Honor Code Board members, the parties (and their advisors, if any) will be excused, and the Honor Code Board members will deliberate and vote on the following issues: (i) whether the Respondent is responsible for the charged Honor Code violation(s) and (ii) the disciplinary sanctions, if any, to be issued. The decision of the Honor Code Board members on each issue will be made by simple majority of the voting members' votes.

In the event of a tie-vote among the voting members, the Honor Code Board Chairperson will cast the tie-breaking vote.

(k) At the conclusion of the hearing, the Honor Code Board Chairperson will provide each party with a Notice of Decision setting forth the decision of the Honor Code Board members on responsibility and, if applicable, the disciplinary sanctions to be issued against the Respondent and their effective date.

(8) Multiple Respondents. In cases involving more than one (1) Respondent, the Honor Code Board Chairperson has the discretion to hold one (1) hearing for all of the Respondents or separate hearings for each Respondent. Any Respondent may, prior to the hearing, request that his or her hearing be conducted separately from the other Respondents' hearings. Such a request must be made in writing to the Honor Code Board Chairperson using the form(s) provided by the University. The Honor Code Board Chairperson will decide whether or not to grant such a request, and the Honor Code Board Chairperson's decision will be final.

(9) Failure to Appear. If proper notice of the Honor Code Board Hearing is provided to a party in accordance with Section .09(4) of this Chapter but the party fails to appear at the hearing, the Honor Code Board Chairperson has the discretion to hold the hearing in the party's absence or to reschedule the hearing. If the Honor Code Board Chairperson holds the hearing in a party's absence, the absent party will be subject to any decision(s) made by the Honor Code Board members, including any decision to issue disciplinary sanction(s) against the Respondent. Notwithstanding the foregoing provisions of this Section .09(8), the Honor Code Board Chairperson may decline to issue a Notice of Decision following the conclusion of the hearing and schedule a new hearing upon a showing of good cause by the absent party for his or her failure to appear.

(10) Appeal. The decision of the Honor Code Board members may be appealed to the Provost (or his or her designee) in accordance with Section .11 of this Chapter.

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 rule filed September 15, 1976; effective October 15, 1976. Amendment filed August 31, 1982; effective November 15, 1982. Amendment filed October 16, 1984; effective January 14, 1985. Repeal and new rule filed May 27, 1986; effective August 12, 1986. (Formerly 1720-02-01-.08) Repeal and new rules filed September 30, 2019; effective December 29, 2019.

Tenn. Comp. R. & Regs. 1720-02-01-.10 DISCIPLINARY SANCTIONS

(1) Disciplinary sanctions are primarily intended to: (i) educate Respondents about appropriate behavior; (ii) encourage Respondents to take responsibility for Honor Code violation(s); (iii) encourage and promote the personal and professional development of Respondents; (iv) discourage other students from violating the Honor Code; and/or (v) protect the academic reputation of the University.

(2) The disciplinary sanctions imposed on a Respondent should be appropriate for the particular case based on the gravity of the Honor Code violation, including, without limitation, how the violation affected or reasonably could have affected the academic reputation of the University and members of the University community. Consideration also may be given to other aggravating or mitigating factors, including, without limitation: (i) the Respondent's Student Conduct Record; (ii) the Respondent's academic record; (iii) the Respondent's responsiveness to the Honor Code Process; and (iv) the Respondent's academic classification.

(3) A Respondent who accepts responsibility for an Honor Code violation pursuant to a Resolution Agreement may be subject only to a grade modification as provided under Section .10(4)(a) of this Chapter. No other disciplinary sanction may be imposed upon a Respondent pursuant to a Resolution Agreement. A Respondent who is found responsible for an Honor Code violation by the decision-maker in a Formal Hearing may be subject to one (1) or more disciplinary sanctions provided under Section .10(4) of this Chapter.

(4) The following sanctions may be imposed on a student found to have violated the Honor Code:

(a) Grade Modification.

1. Assignments. The University may impose a grade modification for an academic assignment if the Respondent is found to have violated the Honor Code in connection with performing or completing the assignment, including, without limitation, by providing another student with unauthorized assistance with the assignment.

2. Examinations. The University may impose a grade modification for an examination if the Respondent is found to have violated the Honor Code in connection with taking or completing the examination, including, without limitation, by providing another student with unauthorized assistance on the examination.

3. Courses. The University may impose a grade modification in a course if the Respondent is found to have violated the Honor Code in connection with taking or completing the course, including, without limitation, by providing another student unauthorized assistance with taking or completing the course.

(b) Disciplinary Reprimand. A disciplinary reprimand is a written warning that informs a Respondent that the Respondent is violating or has violated the Honor Code and must cease and desist from engaging in the Honor Code violation and/or prevent the Honor Code violation from occurring again. A disciplinary reprimand will also inform the Respondent that any further violations of the Honor Code may result in the imposition of more severe sanctions.

(c) Disciplinary Probation. A Respondent may be placed on disciplinary probation for serious or moderate Honor Code violations or in the case of multiple or repeated minor Honor Code violations. A Respondent may be placed on disciplinary probation for a definite or indefinite period of time, during which time the Respondent may continue to be enrolled at the University. While the Respondent is on disciplinary probation, conditions may be placed on the Respondent's continued enrollment at the University, and University departments, programs, and/or services may limit or prohibit participation in certain activities. If a Respondent commits any further Honor Code violations while on disciplinary probation, the Respondent may be subject to more severe sanctions up to and including permanent dismissal.

(d) Educational Sanction. A Respondent may be required to complete an educational assignment or program. Educational assignments and programs are designed to educate the Respondent about why certain conduct is inappropriate. Examples of educational assignments include, without limitation: (i) writing a reflection and/or research paper on a designated topic; (ii) completing a research project on a designated topic; (iii) giving a presentation on a designated topic; and (iv) issuing a formal apology in writing and/or in person. An educational program may include, without limitation, attending and satisfactorily completing an in-person or distance learning course, training, or workshop on alcohol or drug use, civility, ethics, or other topics deemed appropriate by the Office of Student Conduct. The Respondent will be responsible for all costs associated with the educational assignment or program.

(e) Suspension. Suspension is an official separation from the University for a specific period of time and/or until certain conditions are met. A Respondent may be suspended from the University for serious Honor Code violations, multiple moderate Honor Code violations, multiple or repeated minor Honor Code violations, and/or any Honor Code violations while on disciplinary probation. While on suspension, a Respondent (i) loses all rights and privileges at the University; (ii) may not represent the University in any manner; and (iii) is ineligible to apply for readmission to the University during the suspension period and/or until certain conditions are met. If a Respondent is suspended, the Respondent is prohibited, without the prior approval of the Vice Chancellor for Student Affairs (or his or her designee), from entering upon all University-controlled property, including University residence halls, from the date the suspension period begins until such date that the Respondent is readmitted to the University (even if the suspension period ends prior to the date of the Respondent's readmission). Entering upon University-controlled property without prior approval from the Vice Chancellor for Student Affairs (or his or her designee) may result in criminal trespass charges against the Respondent under the criminal laws of the State of Tennessee. Respondents permitted to return to the University following a period of suspension will be automatically placed on disciplinary probation for a designated period of time following their return. A Respondent who commits any Student Code of Conduct violations while on suspension may be subject to suspension for an additional period of time or barred from readmission and/or re-enrollment at the University.

(f) Permanent Dismissal. Permanent dismissal is an official and permanent separation from the University. A Respondent may be permanently dismissed from the University when the Respondent's commission of one (1) or more Honor Code violations is deemed so serious as to warrant total and permanent disassociation from the University or when, through repeated violations of the Honor Code and/or violations of the Honor Code while on disciplinary probation or suspension, the Respondent exhibits blatant disregard for (i) the academic integrity and reputation of the University or (ii) the University's right to establish rules of conduct. A Respondent who is permanently dismissed from the University: (i) loses all rights and privileges at the University; (ii) may not represent the University in any manner; (iii) is indefinitely prohibited, without prior approval of the Vice Chancellor for Student Affairs (or his or her designee) from entering upon all University-controlled property, including University residence halls; and (iv) is permanently barred from re-enrolling at the University. Entering upon University-controlled property without prior approval from the Vice Chancellor for Student Affairs (or his or her designee) may result in criminal trespass charges against the Respondent under the criminal laws of the State of Tennessee.

(g) Withholding of Degree. The University may withhold awarding a degree to a Respondent who has violated any University rule or policy. The University may withhold a degree for a definite period of time and/or until the Respondent has completed or served all sanctions or other requirements imposed by the University for releasing its award of the degree.

(h) Revocation of Degree. The University make revoke a degree awarded to a Respondent if the Respondent obtained the degree, in part, through cheating, plagiarism, academic dishonesty, research misconduct, or other serious violation of the Honor Code. The University may also revoke a Respondent's degree if, after the degree was awarded, the University determines that the Respondent committed a serious violation of the Honor Code while a student, but prior to being awarded the degree, that would have warranted permanent dismissal of the Respondent. Before a Respondent's degree may be revoked, the Chancellor must approve the revocation of the degree.

(5) More than one (1) of the disciplinary sanctions provided in this Section .10 may be imposed on a Respondent for any single violation of the Honor Code.

(6) Disciplinary sanctions may be applied retroactively to the date of the Honor Code violation committed by the Respondent.

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 rule filed August 31, 1982; effective November 15, 1982. Repeal and new rule filed May 27, 1986; effective August 12, 1986. (Formerly 1720-02-01-.09) Repeal and new rules filed September 30, 2019; effective December 29, 2019.

Tenn. Comp. R. & Regs. 1720-02-01-.11 APPEALS

(1) Appeal to the Provost.

(a) Appeal Period. The decision of an Honor Code Officer in an Honor Code Officer Hearing or the Honor Code Board in an Honor Code Board Hearing may be appealed to the Provost by submitting a Notice of Appeal to the Office of Student Conduct in accordance with Section .11(1)(b) of this Chapter within five (5) business days of the effective date of the Notice of Decision to the appealing party. A Notice of Appeal not submitted within five (5) business days of the effective date of the Notice of Decision to the appealing party will not be considered.

(b) Notice of Appeal. A Notice of Appeal must state: (i) the name of the party appealing the decision; and (ii) the specific grounds for the appeal. Appeals not based on one (1) or more of the grounds provided under Section .11(1)(c) of this Chapter will not be considered.

(c) Grounds for Appeal. Appeals are limited to the following grounds:

1. The party's rights were violated in the hearing process;

2. New relevant and material information has become available that could not have been discovered at the time of the hearing;

3. The information presented did not support the decision by a preponderance of the evidence standard; or 4. The sanction(s) imposed were not appropriate for the violation.

(d) Response to Appeal by Non-Appealing Party. Upon receipt of a timely-submitted Notice of Appeal, the Office of Student Conduct will provide a copy of the Notice of Appeal to the non-appealing party, if applicable. The non-appealing party may respond to the appeal by submitting a written response to the Office of Student Conduct within three (3) business days of the effective date of the Notice of Appeal to the non-appealing party.

(e) Decision on Appeal.

1. Within ten (10) business days of the Office of Student Conduct's receipt of the Notice of Appeal or the non-appealing party's response to the appeal, whichever occurs later, the Provost (or his or her designee) will provide notice to the parties of his or her decision.

2. The Provost (or his or her designee) may (i) uphold, amend, or overturn the decision of the Honor Code Officer or Honor Code Board; or (ii) return the case to the Honor Code Officer or Honor Code Board for reconsideration.

3. If the Provost (or his or her designee) decides to uphold, amend, or overturn the decision of the Honor Code Officer or Honor Code Board, the decision of the Provost (or his or designee) is final.

4. A decision by the Provost (or his or her designee) to return the case to the Honor Code Officer or Honor Code Board for reconsideration may not be appealed. Any decision by the Honor Code Officer or Honor Code Board on reconsideration may be appealed in accordance with this Section .11.

(2) Any disciplinary sanction(s) issued by the Honor Code Officer or the Honor Code Board will remain in force throughout the pendency of an appeal, unless the Respondent requests that the disciplinary sanction(s) be stayed pending the Respondent's appeal and such a request is granted by the Honor Code Officer or Honor Code Board, as applicable.

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 September 30, 2019; effective December 29, 2019.

Tenn. Comp. R. & Regs. 1720-02-01-.12 RECORDS OF HONOR CODE VIOLATIONS

(1) Maintenance. A student's records relating to violations of the Honor Code are maintained by the Office of Student Conduct as part of the student's Student Conduct Record. Records related to grade modifications or withdrawals resulting from violations of the Honor Code are also maintained by the University Records Office as part of a student's academic record.

(2) Disclosure. A student may inspect and review his or her own Student Conduct Records upon request to the Office of Student Conduct. The Office of Student Conduct may disclose a student's Student Conduct Records to other persons upon written consent of the student. The Office of Student Conduct may disclose a student's Student Conduct Records to other persons, including other University Officials, without written consent from the student only in accordance with federal or state law.

(3) Retention and Disposal of Student Conduct Records. The University will retain a student's Student Conduct Records for a period of seven (7) years after the student's last date of enrollment with the University, unless required to retain the records for a longer period of time by law or as otherwise provided in this Section .12(3). The Office of Student Conduct will permanently retain Student Conduct Records for students who receive one (1) or more of the following disciplinary sanctions (or equivalent sanctions under previous versions of the Honor Code and/or Student Code of Conduct) from the University: Suspension, Permanent Dismissal, Withholding of Degree, and Revocation of Degree.

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 September 30, 2019; effective December 29, 2019.

Chapter 1720-02-02 Repealed

Tenn. Comp. R. & Regs. 1720-02-02-.01 REPEALED

History

• Authority: T.C.A. § 49-9-209(e) and Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Repealed by Public Chapter 575; effective July 1, 1986. New rule filed May 27, 1986; effective August 12, 1986. Amendment filed June 19, 2006; effective October 27, 2006. Repeal filed September 16, 2016; effective August 1, 2017.

Tenn. Comp. R. & Regs. 1720-02-02-.08 REPEALED

History

• Authority: T.C.A. § 49-9-209(e) and Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed May 27, 1986; effective August 12, 1986. Amendment filed August 31, 1995; effective December 30, 1995. Amendment filed June 19, 2006; effective October 27, 2006. Repeal filed September 16, 2016; effective August 1, 2017.

Tenn. Comp. R. & Regs. 1720-02-02-.02 REPEALED

History

• Authority: T.C.A. § 49-9-209(e) and Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Repealed by Public Chapter 575; effective July 1, 1986. New rule filed May 27, 1986; effective August 12, 1986. Amendment filed August 31, 1995; effective December 30, 1995. Amendment filed June 19, 2006; effective October 27, 2006. Repeal filed September 16, 2016; effective August 1, 2017.

Tenn. Comp. R. & Regs. 1720-02-02-.03 REPEALED

History

• Authority: T.C.A. § 49-9-209(e) and Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Repealed by Public Chapter 575; effective July 1, 1986. New rule filed May 27, 1986; effective August 12, 1986. Amendment filed June 19, 2006; effective October 27, 2006. Repeal filed September 16, 2016; effective August 1, 2017.

Tenn. Comp. R. & Regs. 1720-02-02-.04 REPEALED

History

• Authority: T.C.A. § 49-9-209(e) and Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Amendment filed July 9 1983; effective October 14, 1983. Repealed by Public Chapter 575; effective July 1, 1986. New rule filed May 27, 1986; effective August 12, 1986. Amendment filed June 19, 2006; effective October 27, 2006. Repeal filed September 16, 2016; effective August 1, 2017.

Tenn. Comp. R. & Regs. 1720-02-02-.05 REPEALED

History

• Authority: T.C.A. § 49-9-209(e) and Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed May 27, 1986; effective August 12, 1986. Amendment filed August 31, 1995; effective December30,1995. Amendment filed June 19, 2006; effective October 27, 2006. Repeal filed September 16, 2016; effective August 1, 2017.

Tenn. Comp. R. & Regs. 1720-02-02-.06 REPEALED

History

• Authority: T.C.A. § 49-9-209(e) and Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed May 27, 1986; effective August 12, 1986. Amendment filed June 19, 2006; effective October 27, 2006. Repeal filed September 16, 2016; effective August 1, 2017.

Tenn. Comp. R. & Regs. 1720-02-02-.07 REPEALED

History

• Authority: T.C.A. § 49-9-209(e) and Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed May 27, 1986; effective August 12, 1986. Amendment filed June 19, 2006; effective October 27, 2006. Repeal filed September 16, 2016; effective August 1, 2017.

Chapter 1720-02-03 Parking Rules

Tenn. Comp. R. & Regs. 1720-02-03-.01 GENERAL

(1) These rules are intended to promote the safe and orderly parking of vehicles on the property of The University of Tennessee at Chattanooga (UTC); facilitate the safe and convenient operation of UTC business and services; and regulate parking on campus, with priority given to UTC business and services.

(2) The UTC Department of Parking Services and the UTC Department of Public Safety implement and enforce these rules.

(3) All persons parking vehicles and all persons owning vehicles parked on UTC property are subject to and required to comply with these rules.

(4) All vehicle accidents, incidents, thefts, or break-ins that occur on UTC property should be reported immediately to the UTC Police Department [(423) 425-4357].

(5) Wherever used in these rules:

(a) "Designated parking space" means an area, in either a paved or unpaved lot, delineated by UTC for parking for a single vehicle. In a paved parking lot, a designated parking space is delineated by straight white or yellow lines on both sides of the space.

In an unpaved parking lot, a designated parking space is delineated by a wheel stop or parking block on one end of the space.

(b) "Registered license plate" means a license plate registered with the UTC Department of Parking Services to serve as the UTC parking permit for a registrant's vehicle.

(c) "Registered vehicle" means a vehicle registered with the UTC Department of Parking Services by a registrant.

(d) "Registrant" means a UTC student or employee to whom a UTC parking permit is issued.

(e) "Unregistered vehicle" means a vehicle not registered with the UTC Department of Parking Services.

(f) "UTC" means The University of Tennessee at Chattanooga.

(g) "UTC parking permit" means a registered license plate, or either a hangtag or decal issued by UTC, that has not expired and, when properly displayed on a vehicle, authorizes a vehicle to be parked in certain designated parking spaces on UTC property.

(h) “UTC property” means all land, grounds, structures, and any other physical property owned, controlled, or operated by UTC.

(i) "Vehicle" means any type of vehicle, including but not limited to a motorcycle.

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 rule filed September 15, 1976; effective October 15, 1976. Amendment filed August 22, 1980; effective December 1, 1980. Repeal and new rule filed May 27, 1986; effective August 12, 1986. Amendment filed November 17, 2008; effective March 30, 2009. Repeal and new rules filed February 23, 2018; effective May 24, 2018. Amendments filed September 30, 2019; effective December 29, 2019.

Tenn. Comp. R. & Regs. 1720-02-03-.02 VEHICLE REGISTRATION AND PARKING PERMITS

(1) All vehicles parked on UTC property must have an unexpired UTC parking permit properly displayed, except as otherwise provided by law or UTC policy.

(2) A registrant may register up to three (3) vehicles under a single UTC parking permit, but only one (1) of the vehicles registered under the permit may be parked on UTC property at a time.

If more than one (1) vehicle registered under a single UTC parking permit are parked on UTC property at the same time, the registrant will be cited for a violation for each vehicle parked on UTC property beyond the one (1) vehicle allowed.

(3) UTC students and employees must register vehicles with the UTC Department of Parking Services in order to obtain a UTC parking permit for a vehicle.

(4) UTC parking permits may be obtained for a fee on the UTC Parking Services website (http://www.utc.edu/auxiliary-services/parking/), in person at the UTC Bursar's Office, or at a UTC parking garage or other location where a UTC pay-and-display parking permit station is located.

(5) A registered license plate is properly displayed on a vehicle only if: (i) the registered license plate is clearly displayed and visible on the rear of the vehicle; and (ii) the vehicle is parked front first in a designated parking place. If a registered license plate is displayed on the rear of a vehicle, but the vehicle is parked back first in a designated parking place, the registered license plate is not considered properly displayed, and the vehicle will be cited for a violation.

Hangtag parking permits must be displayed on the rearview mirror of the vehicle. Other types of UTC parking permits must be clearly visible from the outside of the vehicle. Expired UTC parking permits must be removed or covered so that only an unexpired UTC parking permit is displayed.

(6) A specific expiration date is indicated on each UTC parking permit. A UTC parking permit is not valid after its expiration date.

(7) A registrant is responsible for his or her registered vehicle and all parking violation citations relating to the parking of the registered vehicle. If the person operating the registered vehicle is other than the registrant when a parking violation is committed, both the operator and the registrant may be cited for the parking violation. However, UTC will not collect multiple fines for a single violation.

(8) A registrant is responsible for his or her UTC parking permit and all violation citations relating to the use of the registrant's parking permit, and is prohibited from sharing or otherwise permitting the parking permit to be used by other persons. If the person using a UTC parking permit when a violation is committed is other than the registrant to whom the parking permit was issued, both the person who committed the violation and the registrant may be cited.

However, UTC will not collect multiple fines for a single violation.

(9) The owner of an unregistered vehicle is responsible for the unregistered vehicle and all parking violation citations relating to the parking of the vehicle. If the person operating an unregistered vehicle is other than the owner of the vehicle when a parking violation is committed, both the operator and the owner may be cited for the parking violation. However, UTC will not collect multiple fines for a single violation.

(10) If a registrant is operating a vehicle other than his or her registered vehicle, then the registrant must display his or her UTC parking permit on the rearview mirror of the alternate vehicle and the parking permit must be clearly visible from the outside. Rule 1720-02-03- .02(10) does not apply to a situation in which a registrant is operating another person's vehicle, with permission, and that person’s valid UTC parking permit is displayed on the rearview mirror.

(11) A registrant whose UTC parking permit has been lost or stolen may obtain a replacement parking permit for a fee of three dollars ($3.00) upon providing proof of loss of the previouslyissued parking permit.

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 rule filed September 15, 1976; effective October 15, 1976. Amendment filed March 29, 1978; effective June 14, 1978. Amendment filed October 16, 1979; effective November 30, 1979. Amendment filed August 22, 1980; effective December 1, 1980. Amendment filed August 30, 1981; effective November 30, 1981. Amendment filed August 31, 1982; effective November 15, 1982. Amendment filed July 29, 1983; effective October 14, 1983. Amendment filed October 16, 1984; effective January 14, 1985. Repeal and new rule filed May 27, 1986; effective August 12, 1986. Amendment filed September 3, 1992; effective December 29, 1992. Repeal and new rules filed February 23, 2018; effective May 24, 2018. Amendments filed September 30, 2019; effective December 29, 2019.

Tenn. Comp. R. & Regs. 1720-02-03-.03 PARKING REQUIREMENTS AND LIMITATIONS

(1) Persons are authorized to park a vehicle only in a designated parking space located in those areas or lots for which a UTC parking permit authorizes the vehicle to be parked. Lack of an available authorized designated parking space will not excuse a person from violating any of these rules.

(2) A vehicle must not be parked in a manner that blocks or obstructs traffic, a street, sidewalk, fire hydrant, building entrance or exit, another vehicle, or fire lane, or in another manner that disrupts the orderly affairs of UTC.

(3) Certain parking spaces are designated for motorcycles only, and motorcycles must be parked in those designated parking spaces.

(4) Motorcycles must not be parked in any area not authorized for the parking of vehicles that are not motorcycles, including within the confines of the exterior perimeter of any building.

Motorcycles must not be parked in a manner that blocks stairways, sidewalks, or pedestrian access.

(5) Traffic control signs and devices and the directions of police officers must be obeyed when parking vehicles.

(6) On special occasions (including but not limited to athletic events, concerts, and graduation exercises) or in emergency situations, the UTC Department of Parking Services or the UTC Department of Public Safety may impose parking limitations more restrictive or permissive than in these rules, as they determine to be appropriate under the circumstances.

(7) The UTC Department of Parking Services reserves the right to alter, block, reserve, or reallocate designated parking spaces on UTC property at any time.

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 rule filed September 15, 1976; effective October 15, 1976. Amendment filed March 29, 1978; effective June 14, 1978. Amendment filed October 16, 1979; effective November 30, 1979. Amendment filed August 22, 1980; effective December 1, 1980. Amendment filed August 30, 1981; effective November 30, 1981. Amendment filed August 31, 1982; effective November 15, 1982. Amendment filed July 29, 1983; effective October 14, 1983. Amendment filed October 16, 1984; effective January 14, 1985. Repeal and new rule filed May 27, 1986; effective August 12, 1986. Amendment filed September 3, 1992; effective December 29, 1992. Amendment filed October 19, 1995; effective February 28, 1996. Repeal and new rules filed February 23, 2018; effective May 24, 2018.

Tenn. Comp. R. & Regs. 1720-02-03-.04 PARKING CITATIONS AND ENFORCEMENT

(1) The following examples constitute violations of these rules which may result in a citation with the corresponding fine:

(a) No Valid Parking Permit Displayed/Properly Displayed $30 (b) Expired Parking Permit Displayed $30 (c) Displaying, Selling, or Purchasing a Stolen, Deactivated, Altered, Counterfeit, or Reproduced Parking Permit $100 (d) Vehicle Not Parked in a Designated Parking Space $30 (e) Vehicle Parked in Multiple Designated Parking Spaces $30 (f) Violation of Rule 1720-02-03-.02(2) $30 (g) Violation of Rule 1720-02-03-.02(8) $30 (h) Violation of Rule 1720-02-03-.02(9) $30 (i) Vehicle Parked in Unauthorized Lot or Space $30 (j) Vehicle Parked Over Posted Time Restriction $30 (k) Vehicle Parked in Fire Lane $40 (l) Vehicle Parked in Violation of Rule 1720-02-03-.03(2) $40 (m) Unauthorized Vehicle in Disability Parking Space $200 (n) Unauthorized Vehicle in Disability Loading Area $200 (o) Unauthorized Use of Disability Parking Permit $200 (2) Immobilization and Towing of Vehicles (a) UTC may tow or immobilize a vehicle without advance notice to the registrant (if a registered vehicle) or the owner/operator (if an unregistered vehicle) if the vehicle is parked:

1. In a fire lane or in a manner which blocks a fire lane;

2. In a manner that blocks an emergency exit;

3. In a designated disability parking space or disability loading area;

4. In a parking space reserved for designated vehicles;

5. While displaying a stolen/deactivated/altered/counterfeit/reproduced UTC parking permit; or 6. In such other manner that violates Rule 1720-02-03-.03(2).

(b) If a vehicle is towed or immobilized without advance notice, the registrant (if a registered vehicle) or the owner/operator (if an unregistered vehicle) shall have the right to a hearing upon request to the UTC Department of Parking Services to contest the parking violation(s) for which the vehicle was towed or immobilized. A registrant/owner/operator may pay any fines, penalties, immobilization fees and/or towing charges required for the mobilization or release of the vehicle prior to the hearing. If the underlying parking citation for which the vehicle was immobilized or towed is successfully appealed, then UTC shall refund any fines, penalties, immobilization fees or towing charges paid by the registrant/owner/operator.

(c) UTC may tow or immobilize a vehicle if sixty dollars ($60.00) or more in unpaid parking citations have been issued relating to the parking of the vehicle and the appeal periods for such citations have expired, provided the registrant (if a registered vehicle) or the owner/operator (if an unregistered vehicle) has been provided advance notice and the opportunity to contest the citations.

1. The registrant (if a registered vehicle) or the owner/operator (if an unregistered vehicle) shall first be notified in writing by a windshield notice (or other method of notice including without limitation e-mail) of UTC's intent to immobilize or tow the vehicle the next time it is found parked on UTC property, whether legally or illegally, and the right to a hearing within thirty (30) calendar days. If the registrant/owner/operator does not request a hearing or prevail at a hearing, the vehicle may be towed or immobilized the next time it is found parked on UTC property, whether legally or illegally.

2. Registrants/owners/operators of vehicles towed or immobilized shall have the right to contest UTC's action at a hearing. A registrant/owner/operator may pay any fines, penalties, immobilization fees and/or towing charges required for the mobilization or release of the vehicle prior to the hearing. If the underlying parking citation for which the vehicle was immobilized or towed is successfully appealed, then UTC shall refund any fines, penalties, immobilization fees or towing charges paid by the registrant/owner/operator.

(d) Registrants/owners/operators of vehicles that are immobilized pursuant to these rules will be required to pay an immobilization fee of fifty dollars ($50.00) as a condition of the vehicle being mobilized.

(e) A vehicle that is towed pursuant to these rules will be impounded in the UTC impound lot, subject to availability of space in the UTC impound lot. If there is no available space in the UTC impound lot, the vehicle will be towed to an impound lot not owned, controlled, or operated by UTC.

(f) Impounded or immobilized vehicles will be released upon the registrant/owner/operator of the vehicle providing identification and paying to UTC all unpaid parking fines, penalties, immobilization fees, and towing charges. The release of a vehicle impounded in an impound lot not owned or operated by UTC will be subject to payment of additional fees or charges levied by the owner of the impound lot.

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 rule filed September 15, 1976; effective October 15, 1976. Amendment filed October 16, 1979; effective November 30, 1979. Amendment filed August 22, 1980; effective December 1, 1980. Amendment filed October 16, 1984; effective January 14, 1985. Repeal and new rule filed May 27, 1986; effective August 12, 1986. Repeal and new rules filed February 23, 2018; effective May 24, 2018. Amendments filed September 30, 2019; effective December 29, 2019.

Tenn. Comp. R. & Regs. 1720-02-03-.05 PENALTIES

(1) UTC parking citation fines that are not paid or appealed within fourteen (14) calendar days after issuance shall incur a late payment penalty of fifty percent (50%) of the fine amount.

(2) A UTC student who fails to pay parking citation fines or late payment penalties will not be permitted to register for course work, receive credit, receive a degree, or obtain a transcript until all parking fines and penalties are paid, provided the parking citations giving rise to the fines and penalties are not subject to a pending appeal or the appeal period for such citations has expired.

(3) A UTC employee who persists in violating these rules may be reported to his or her supervisor/department head, and outstanding parking citation fines and penalties may be collected through payroll deduction as provided under UTC policy.

(4) UTC students who persist in violating these rules or commit a single violation that is extreme in nature may be referred to the UTC Dean of Students for disciplinary action, which may include but not be limited to suspension or dismissal from UTC or loss of the privilege of parking a vehicle on UTC property.

(5) UTC students and employees with unpaid parking citation fines or late penalties will not be allowed to register a vehicle, renew their UTC parking permits, or purchase UTC parking permits, until all fines and penalties are paid.

(6) UTC may pursue collection efforts on unpaid parking citation fines and penalties.

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 rule filed September 15, 1976; effective October 15, 1976. Amendment filed March 29, 1978; effective June 14, 1978. Amendment filed October 16, 1979; effective November 30, 1979. Amendment filed August 22, 1980; effective December 1, 1980. Amendment filed August 30, 1981; effective November 30, 1981. Amendment filed August 31, 1982; effective November 15, 1982. Amendment filed July 29, 1983; effective October 14, 1983. Amendment filed October 16, 1984; effective January I4, 1985. Repeal and new rule filed May 27, 1986; effective August 12, 1986. Amendment filed September 3, 1992; effective December 29, 1992. Amendments filed November 17, 2008; effective March 30, 2009. Repeal and new rules filed February 23, 2018; effective May 24, 2018.

Tenn. Comp. R. & Regs. 1720-02-03-.06 APPEALS

(1) Persons who want to appeal a parking citation must submit the appeal online at the UTC Department of Parking Services website (http://www.utc.edu/auxiliary-services/parking/) or in writing at the UTC Bursar's Office within fourteen (14) calendar days of the issuance of the citation. Persons who fail to appeal a parking citation within fourteen (14) calendar days of the citation's issuance forfeit their right to appeal the citation.

(2) An appeal of a parking citation issued to a vehicle may be made either by the registrant (if a registered vehicle) or the owner/operator (if an unregistered vehicle).

(3) The UTC Student Parking Appeals Board will review appeals of parking citations issued to UTC students. The members of the UTC Student Parking Appeals Board will be appointed in accordance with Rule 1720-02-05-.14.

(4) The UTC Student Parking Appeals Board will set a hearing on each student appeal and will provide written notice to the student of the hearing date. Students may attend their appeal hearing and present evidence in support of their appeal. Students are not required to attend their appeal hearing, and a student may request that the Board consider the appeal based on the student's written appeal submissions. If a student fails to appear without advance notice to the Board, the Board will consider the appeal in the student's absence. All decisions of the Board are final and will be binding regardless of whether the student attended the hearing.

The Board will provide written notice of its decision to the student.

(5) The UTC Nonstudent Parking Appeals Board will adjudicate the appeals of parking citations issued to persons who are not UTC students. The members of the UTC Nonstudent Parking Appeals Board will be appointed by the UTC Chief Business Officer or his or her designee.

(6) The UTC Nonstudent Parking Appeals Board will set a hearing on each nonstudent appeal and will provide written notice to the appellant of the hearing date. Appellants may attend their appeal hearing and present evidence in support of their appeal. Appellants are not required to attend their appeal hearing, and an appellant may request that the board consider the appeal based on the appellant's written appeal submissions. If an appellant fails to appear without advance notice to the board, the board will consider the appeal in the appellant's absence. All decisions of the board are final and will be binding regardless of whether the appellant attended the hearing. The board will provide written notice of its decision to the appellant.

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 rule filed September 15, 1976; effective October 15, 1976. Amendment filed October 16, 1979; effective November 30, 1979. Amendment filed July 29, 1983; effective October 14, 1983. Repeal and new rule filed May 27, 1986; effective August 12, 1986. Amendment filed September 3, 1992; effective December 29, 1992. Amendments filed November 17, 2008; effective March 30, 2009. Repeal and new rules filed February 23, 2018; effective May 24, 2018.

Tenn. Comp. R. & Regs. 1720-02-03-.07 REPEALED

History

• Authority: T.C.A. § 49-9-209(e).
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Amendment filed October 16, 1979; effective November 30, 1979. Amendment filed August 22, 1980; effective December 1, 1980. Amendment filed August 31, 1982; effective November 15, 1982. Repeal and new rule filed May 27, 1986; effective August 12, 1986. Amendment filed September 3, 1992; effective December 29, 1992. Amendment filed February 24, 1997; effective June 28, 1997. Amendment filed January 13, 1999; May 31, 1999. Amendment filed September 20, 1999; effective January 28, 2000. Amendment filed October 30, 2007; effective February 28, 2008. Amendments filed November 17, 2008; effective March 30, 2009. Amendment filed October 14, 2015; effective January 12, 2016. However, the University of Tennessee filed a 30-day stay of the rule; new effective date February 11, 2016. Repeal filed February 23, 2018; effective May 24, 2018.

Tenn. Comp. R. & Regs. 1720-02-03-.15 REPEALED

History

• Authority: Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5 and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed October 16, 1976; effective November 30, 1979. Amendment filed August 22, 1980; effective December 1, 1980. Amendment filed July 29, 1983; effective October 14, 1983. Amendment filed October 16, 1984; effective January 14, 1985. Repeal filed May 27, 1986; effective August 12, 1986.

Tenn. Comp. R. & Regs. 1720-02-03-.08 REPEALED

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 rule filed September 15, 1976; effective October 15, 1976. Amendment filed October 16, 1979; effective November 30, 1979. Amendment filed August 22, 1980; effective December 1, 1980. Amendment filed August 31, 1982; effective November 15, 1982. Repeal and new rule filed May 27, 1986; effective August 12, 1986. Amendment filed October 19, 1995; effective February 28, 1996. Amendment filed November 17, 2008; effective March 30, 2009. Repeal filed February 23, 2018; effective May 24, 2018.

Tenn. Comp. R. & Regs. 1720-02-03-.09 REPEALED

History

• Authority: Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5 and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Repeal and new rule filed May 27, 1986; effective August 12, 1986. Repeal filed February 23, 2018; effective May 24, 2018.

Tenn. Comp. R. & Regs. 1720-02-03-.10 REPEALED

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 rule filed September 15, 1976; effective October 15, 1976. Repeal and new rule filed May 27, 1986; effective August 12, 1986. Amendment filed November 17, 2008; effective March 30, 2009. Repeal filed February 23, 2018; effective May 24, 2018.

Tenn. Comp. R. & Regs. 1720-02-03-.11 REPEALED

History

• Authority: Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5 and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Amendment filed August 23, 1980; effective December 1, 1980. Repeal and new rule filed May 27, 1986; effective August 12, 1986. Repeal filed February 23, 2018; effective May 24, 2018.

Tenn. Comp. R. & Regs. 1720-02-03-.12 REPEALED

History

• Authority: Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5 and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Repeal filed May 27, 1986; effective August 12, 1986.

Tenn. Comp. R. & Regs. 1720-02-03-.13 REPEALED

History

• Authority: Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5 and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Amendment filed July 29, 1983; effective October 14, 1983. Repeal filed May 27, 1986; effective August 12, 1986.

Tenn. Comp. R. & Regs. 1720-02-03-.14 REPEALED

History

• Authority: Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5 and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Repeal filed May 27, 1986; effective August 12, 1986.

Chapter 1720-02-04 Registration of Student Organizations

Tenn. Comp. R. & Regs. 1720-02-04-.01 INTRODUCTION

(1)The University has as its primary purpose the search for truth, and the chief limits on student activities are the requirements of the University as a corporate entity with legal obligations in the state. The University has a positive responsibility to encourage students to develop toward full civic and social participation. Students should have the opportunity to participate in associations which promote political literacy, and interest in public affairs. They should also have the opportunity to hear speakers - whether from the faculty, the student body, or from outside the University - who represent diverse views. The University encourages the free exchange and discussion of ideas as part of its responsibility in preparing its students. In doing so it neither endorses nor disclaims any particular idea, system of thought, or point of view.

(2)When groups of students wish to have a continuous association, intended to last beyond the term of those immediately involved, it is appropriate that they be required to qualify for registration by the University. All registered associations should be accorded the same privileges and be bound by the same obligation. University registration does not mean endorsement of the purpose or activities of any association by the faculty or administration. It means only that the association is accepted as meeting the minimum requirements set for all student associations.

(3)National social fraternities and sororities have their own governing and advisory organizations.

Acceptance of these organizations as responsible agencies, through which the University may deal with their affiliates on the campus, is a part of continuing University recognition. Such organizations, therefore, are not required to follow the specific provisions herein for faculty advisers and for fund control.

History

• Authority: Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5 and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Amendment and new rule filed December 5, 1979; effective February 12, 1980. Repeal and new rule filed May 27, 1986; effective August 12, 1986.

Tenn. Comp. R. & Regs. 1720-02-04-.02 UNIVERSITY REGISTRATION PROCESS FOR NEW STUDENT ORGANIZATIONS

(1)To apply, a student group should submit three copies of its constitution to the Office of the Dean of Students. One copy will be sent to the Student Government Association (SGA) who will schedule hearings with the SGA Procedures Committee and the Senate.

(2)The SGA will make a recommendation to the Dean of Students.

(3)The Dean of Students will notify the applying organization if it is to be officially registered. Until the group receives official registration is writing, it will not be permitted to use University facilities or receive other benefits reserved for student organizations.

History

• Authority: Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5 and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Amendment and new rule filed December 5, 1979; effective February 12, 1980. Amendment filed August 27, 1981; effective November 30, 1981. Amendment filed July 29, 1983; effective October, 1983. Repeal and new rule filed May 27, 1986; effective August 12, 1986.

Tenn. Comp. R. & Regs. 1720-02-04-.08 DENIAL OF REGISTRATION

(1)A refusal by the Dean of Students to recommend registration for a student organization must be based on one or more of the following:

(a)If the statement of purpose is illegal under local, state, or federal laws or does not conform with regular University regulations.

(b)If the organization would in the opinion of the Dean of Students constitute a clear and present danger to the continued or proper functioning of the University, or if its purposes are outside of the educational functions of the University.

(2)The Dean of Students shall use the following procedures prior to any recommendation that an organization not be registered.

(a)If the organization’s constitution does not conform with those requirements set forth in the policies governing student organizations, the Dean or his representative(s) shall meet informally with the organization in order to explain the violations and how the organization can meet the requirements by revising its constitution.

(b)If the violations are not eliminated or seem to fall under those criteria listed under Paragraph A above, the Dean of Students shall hold a hearing to determine whether the organization should be registered.

(c)Prior to the hearing the Dean of Students shall issue to the organization an order to show cause why registration should not be denied and stating the reasons for issuance of said show cause order.

(d)The Dean shall notify the organization in writing of the date, time, and place of hearing on the show cause order.

(e)The Dean shall permit the organization to appear at the hearing with an adviser of its choice and to present evidence and argument on its behalf.

(f)If the Dean determines that registration should not be granted, he shall issue a written report, a copy of which must be given to the organization, explaining the reasons for his negative recommendation to the Chancellor.

History

• Authority: Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5 and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Amendment and new rule filed December 5, 1979; effective February 12, 1980. Amendment filed August 22, 1980; effective December 1, 1980. Repeal and new rule filed May 27, 1986; effective August 12, 1986. (Formerly

Tenn. Comp. R. & Regs. 1720-02-04-.03 REQUIREMENTS FOR STUDENT ORGANIZATIONS

(1)Constitution.

(a)Any group petitioning for registration as a student organization must present a constitution following a standard form to facilitate reference. Social fraternities and sororities may be required to submit the equivalent national affiliation or other pertinent information. The constitution must contain the following information: 1.The name of the organization. 2.A statement of purpose for the organization. 3.Membership eligibility requirements. 4.A listing of officers by title, and any special functions of the offices. 5.A statement of the terms of the officers, and the time and method of election. 6.Frequency of meetings. 7.A statement of any membership dues, including amount and frequency of payment and provisions for disposition of any funds in the event of dissolution of the organization. 8.Provisions for faculty advisers. 9.Any other provisions relating to the purpose and function of the particular organizations.

(b)Purpose. The Statement of Purpose shall be acceptable: 1.If it is reasonably clear and specific as to the aims and activities of the organization. 2.If the stated aims and activities of the organizations are compatible with academic function of the University, with the maintenance of order and propriety on the campus, and with the requirements of the University as a corporated entity, with legal obligations.

(c)Size and Continuity. No maximum or minimum number of members shall be required for registration. The group petitioning, however, and anticipated membership as represented by the eligibility requirements, should be sufficient to give reasonable prospects of continuity for the organizations, and ability to carry out the purposes stated in the constitution.

(d)Membership. Eligibility and Records. 1.Membership in registered student organizations shall be limited to students of the University, except where membership of faculty or other University staff is consistent with the structure and purposes stated in the constitution. Accurate membership records must be maintained and available to the faculty adviser. 2.To be eligible to serve as an officer in a registered student organization, a student must not be on disciplinary or academic probation. To be eligible to serve as an officer in the Student Government Association, including both executive officers and senator, and in a registered student organization, the names of the new officers must be transmitted to the Office of the Dean of Students within three days.

(e)Faculty Advisers. Eligibility and Rule. All student organizations, except national social fraternities and sororities (which shall have alumni advisers) and religious center operating under church auspices, must have one or more qualified faculty advisers. When the membership exceeds fifty, organizations are urged to obtain an additional faculty adviser. 1.Any faculty member at The University of Tennessee at Chattanooga may serve as faculty adviser to a student organization. With the sanction of the Office of the Dean of Students nonteaching members of the University Staff whose positions are comparable to full-time faculty members may also serve. The Office of the Dean of Students must be notified of any change in faculty advisers. 2.A faculty member who agrees to the request of a student organization to serve as its faculty adviser accepts thereby responsibility for encouraging the organization in its purposes and activities, within the limits of University policy. Faculty and alumni advisers are responsible for being familiar with:

(i)This policy, and other University regulations pertaining to student organizations and speakers.

(ii)The constitution and purposes of the student organization they are advising.

(iii)The activities and projects of their organizations.

(f)Review and Approval. 1.Any change or amendment effecting the nature of the organization as originally approved must be brought to the attention of the Dean of Students and receive formal approval through the same procedure as any original registration process.

History

• Authority: Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5 and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Amendment and new rule filed December 5, 1979; effective February 12, 1980. Amendment filed July 29, 1983; effective October 14, 1983. Repeal and new rule filed May 27, 1986; effective August 12, 1986. Amendment filed August 19, 1994; effective December 29, 1994.

Tenn. Comp. R. & Regs. 1720-02-04-.04 HAZING

(1)Student organizations are prohibited from engaging in hazing activities.

History

• Authority: T.C.A. §49-7-123.
• Administrative History: Original rule filed June 18, 1996; effective October 28, 1996.

Tenn. Comp. R. & Regs. 1720-02-04-.05 AFFILIATION

(1)Registered student organizations may be affiliated with organizations of the campus, where such affiliation is:

(a)Clearly indicated, either by the title of the organization or its constitution at the time of registration, or by specific statements in connection with any activities growing out of a later affiliation.

(b)Consistent with the purpose set forth in the constitution of the organization, and with the provisions of this document governing student association on the campus.

(c)Not such as to change significantly the nature of the organization as an association of the students, with primary interests on the campus. University facilities may be reserved for organizational and ad hoc meetings in keeping with the principles of this policy and with University regulations. Responsibility shall be fixed on the individual or individuals making the request. Groups which have not requested registrations within a reasonable period of activity (normally a period of three months or a series of three meetings necessitating requests for University facilities) may be denied any of the privileges accorded to registered student organizations. All temporary groups are expected to follow the requirements of this policy for activities on campus, with regard to use of facilities, and the posting and distribution of printed materials.

History

• Authority: Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5 and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Amendment and new rule filed December 5, 1979; effective February 12, 1980. Repeal and new rule filed May 27, 1986; effective August 12, 1986. Amendment filed August 31, 1995; effective December 30, 1995. (Formerly

Tenn. Comp. R. & Regs. 1720-02-04-.06 SUSPENSION OF REGISTRATION THROUGH INACTIVITY

(1)Registration may be suspended by the Office of the Dean of Students.

(a)When election of officers as specified in the constitution is passed twice without any action having been reported to the Office of the Dean of Students; or (b)When the organization does not show a reasonable amount of activity in promoting the ends and purposes specified in its constitutions, as evidenced by membership meetings and other activities. Registered student organizations are expected to provide a brief report on their year’s activity upon request of the Dean of Students.

(2)An organization suspended through inactivity may be reactivated by application to the Office of the Dean of Students by a group reaffirming its existing constitution and showing reasonable prospects or organizational continuity. Registration shall be withdrawn from any organization suspended as inactive for four years.

History

• Authority: Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5 and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Amendment and new rule filed December 5, 1979; effective February 12, 1980. Amendment filed July 29, 1983; effective October 14, 1983. Repeal and new rule filed May 27, 1986; effective August 12, 1986. (Formerly 1720- 2-4-.05)

Tenn. Comp. R. & Regs. 1720-02-04-.07 SUSPENSION OF REGISTRATION FOR CAUSE

(1)Registered student organizations are expected to conduct their activities in accordance with their constitutions and rules of the University. Any organization which violates University rules shall be warned by the Office of the Dean of Students. If repeated or flagrant violations occur registration of the organization may be suspended by the Dean of Students. A suspended organization may not hold meetings on the campus, or otherwise request the privileges of a registered organization.

(2)Registration may be restored to a suspended organization by action of the Office of the Dean of Students. After suspension for a period of four years, any group must petition for establishment by submitting a new constitution, or submitting the old one, in order to reactivate the organization.

History

• Authority: Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5 and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Amendment and new rule filed December 5, 1979; effective February 12, 1980. Amendment filed August 22, 1980; effective December 1, 1980. Repeal and new rule filed May 27, 1986; effective August 12, 1986. (Formerly

Tenn. Comp. R. & Regs. 1720-02-04-.09 REPEALED

History

• Authority: Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5 and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Amendment and new rule filed December 5, 1979; effective February 12, 1980. Repeal filed May 27, 1986; effective August 12, 1986. (Formerly 1720-2-4-.08).

Tenn. Comp. R. & Regs. 1720-02-04-.10 REPEALED

History

• Authority: Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5 and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Amendment and new rule filed December 5, 1979; effective February 12, 1980. Repeal filed May 27, 1986; effective August 12, 1986. (Formerly 1720-2-4-.09)

Tenn. Comp. R. & Regs. 1720-02-04-.11 REPEALED

History

• Authority: Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5 and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Amendment and new rule filed December 5, 1979; effective February 12, 1980. Repeal filed May 27, 1986; affective August 12, 1986. (Formerly 1720-2-4-.10)

Tenn. Comp. R. & Regs. 1720-02-04-.12 REPEALED

History

• Authority: Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5 and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Amendment and new rule filed December 5, 1979; effective February 12, 1980. Repeal filed May 27, 1986; effective August 12, 1986. (Formerly 1720-2-4-12)

Chapter 1720-02-05 Student Code of Conduct

Tenn. Comp. R. & Regs. 1720-02-05-.01 PREAMBLE

(1) Students at the University of Tennessee at Chattanooga (“University”) are members of both the University community and the larger community of which the University is a part.

Accordingly, students are responsible for conducting themselves in a lawful manner and in compliance with University rules and policies. The University has established the Student Code of Conduct (“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 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 to the University, and ensuring that each student who matriculates at the University graduates ready to contribute to society as an ethical and lawabiding individual.

(2) The University's behavioral standards are set forth in the Code. Students who engage in conduct in violation of the Code are subject to University disciplinary sanctions. The University investigates and resolves alleged violations of the Code through the student conduct process and utilizes the process to promote learning and the development of appropriate decision-making. The student conduct process is consistent, fair, and provides means of resolution that are commensurate with the skills and abilities of the participants in the process.

(3) Primary authority and responsibility for the Code is delegated to the Vice Chancellor for Student Affairs, who has delegated certain authority and responsibility for administration and enforcement of the Code to the Office of Student Conduct.

(4) The University is committed to respecting students' constitutional rights. Nothing in this

Chapter is intended or will be interpreted in a manner that restricts a student's constitutional rights, including, but not limited to, a student's right to freedom of speech and freedom of assembly.

(5) Students are responsible for being knowledgeable about and complying with the Code, applicable academic catalogues (undergraduate or graduate), and all other University rules, policies, and procedures.

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 rule filed September 15, 1976; effective October 15, 1976. Repealed by Public Chapter 575; effective July 1, 1986. New rule filed May 27, 1986; effective August 12, 1986. Amendment filed March 12, 1987; effective June 29, 1987. Amendment filed June 22, 2006; effective October 27, 2006. Repeal and new rule filed April 17, 2012; effective September 28, 2012. Repeal and new rule filed September 30, 2019; effective December 29, 2019.

Tenn. Comp. R. & Regs. 1720-02-05-.02 DEFINITIONS

The following words, terms, or phrases, when used in the Code, shall have the following meanings:

(1) Advisor: A person who provides assistance to a Complainant or Respondent during the student conduct process, as provided under Section .05(3) of this Chapter.

(2) Business day: An official workday during which the University conducts business. Typically, a business day is a weekday (Monday through Friday), excluding any weekdays designated by the University as a holiday or in which the University is administratively closed. Each business day commences at 8:00 a.m. and ends at 5:00 p.m.

(3) Chancellor: The University's chief executive officer to whom the President of the University of Tennessee system has delegated primary responsibility for administration of University operations, policies, and procedures.

(4) Code: The Student Code of Conduct of the University of Tennessee at Chattanooga, as set forth under this Chapter.

(5) Complainant: Any person, group, or organization that may have been subjected to conduct that violates the Code, regardless of whether that person, group, or organization makes a complaint or reports an alleged violation of the Code to the University.

(6) Designee: A University official or office designated with the authority to carry out a duty or role on behalf of another University official or office.

(7) Faculty: A University employee who holds faculty rank and whose primary appointment is to engage in academic instruction, research, or service.

(8) Formal Complaint: A document filed by a Complainant (or signed by the Title IX Coordinator) alleging that a Respondent engaged in sexual harassment, sexual assault, dating violence, domestic violence, stalking, or sexual exploitation, and requesting that the University investigate the allegation. There are two (2) types of Formal Complaints: (i) Formal Complaints that include Title IX Allegations (as defined under Section .02(29)); and (ii)

Formal Complaints that do not include Title IX Allegations, but do otherwise include allegations of sexual harassment, sexual assault, dating violence, domestic violence, stalking, or sexual exploitation.

(9) Formal Hearing: A University hearing before a fair and impartial decision-maker in which a Respondent may contest charges of Code violations and/or disciplinary sanctions issued against the Respondent, as provided under Section .07(1) of this Chapter.

(10) Good faith: Having a belief in the truth of information that a reasonable person in the same position could have, based on the information known to the person communicating the information at the time the information was communicated by that person. Information is not communicated in good faith if it is communicated with knowing or reckless disregard for its truth.

(11) Hearing Officer: A University employee designated by the Office of Student Conduct to conduct a Preliminary Meeting, as provided under Section .06(3) of this Chapter, or to conduct and serve as the decision-maker in a Hearing Officer Hearing, as provided under

Section .08 of this Chapter.

(12) Hearing Officer Hearing: A type of Formal Hearing in which a Hearing Officer serves as the decision-maker, as provided under Section .08 of this Chapter.

(13) Member of the University community: Any person who is a student, faculty member, staff employee, campus visitor, or participant in a University-sponsored or University-affiliated activity, or any organization that participates in a University-sponsored or University-affiliated activity.

(14) Notice: Notice given in writing and transmitted by one (1) or more of the following: (i) e-mail to a student's University-issued e-mail account; (ii) United States mail, (iii) courier service, and/or (iv) hand-delivery to the address the University's Records Office has on file for the student. When a notice is transmitted by e-mail, the notice is effective on the date the e-mail is sent. E-mail to a student's University-issued e-mail address is an official method of communication used by the University for student conduct matters. 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.

(15) Office of the Dean of Students: The University office designated with primary responsibility for the administration of the Office of Student Conduct. The Office of the Dean of Students may act as or on behalf of the Office of Student Conduct.

(16) Office of Student Conduct: The University office designated with primary responsibility for administering and enforcing the Code and implementing student conduct-related rules, policies, procedures, training, and education.

(17) Possession: Direct, indirect, or communal control of a substance or property, actual knowledge of a substance or property, and/or being in such close proximity to the substance or property that a reasonable presumption could be made that one had possession of the substance or property.

(18) Relevant information: Information having any tendency to make the existence of any fact that is of consequence to determining whether a Respondent violated the Code more probable or less probable than it would be without the information. This definition does not apply to Title IX Hearings.

(19) Respondent: A student who has been charged with violating the Code and/or whose alleged misconduct is being investigated by the Office of Student Conduct.

(20) Sexual Harassment: Conduct on the basis of sex that satisfies one (1) or more of the following: (i) an employee of the University conditioning the provision of an aid, benefit, or service of the University on an individual’s participation in unwelcome sexual conduct; (ii) unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the University’s education program or activity; or (iii) sexual assault, dating violence, domestic violence, or stalking.

(21) Staff: Any full-time or part-time University employee not primarily engaged in academic instruction, research, or service, who holds either an exempt or non-exempt position with or without administrative, executive, or managerial responsibilities, excluding student employees of the University.

(22) Student: For purposes of the Code, the term “student” means:

(a) A person who is admitted, enrolled or registered for study at the University, either fulltime or part-time, pursuing undergraduate, graduate, professional, and/or non-degree courses; or (b) A person who has completed a preceding academic term at the University and is eligible for re-enrollment without re-applying for admission and/or otherwise has a continuing relationship with the University; or (c) A person who attended the University during a previous academic term and engaged in conduct in violation of the Code during his or her time of enrollment; or (d) A person who is admitted to the University and later matriculated at the University, and committed conduct in violation of the Code during the application process or during the period of time between admission and matriculation at the University; or (e) A student organization, except where explicitly provided otherwise in this Code.

(23) Student Conduct Board: A hearing board consisting of students, faculty, and staff appointed by the Office of the Dean of Students (or designee), which serves as the decision-maker in a Student Conduct Board Hearing, as provided under Section .09 of this Chapter.

(24) Student Conduct Board Chairperson: A University employee appointed by the Office of the Dean of Students (or designee) to preside over and facilitate a Student Conduct Board Hearing.

(25) Student Conduct Board Hearing: A type of Formal Hearing in which a Student Conduct Board serves as the decision-maker, as provided under Section .09 of this Chapter.

(26) Student conduct process: The processes and procedures for resolving alleged violations of the Code as set forth in University rules.

(27) Student conduct record: The collective printed or electronic record of any cases involving alleged violations of the Code by a student. A student conduct record may include, without limitation, incident report(s), correspondence, investigation report(s), interview records, demographic information, evidence, hearing records and recordings, and the student's conduct history.

(28) Student organization: An organization, club, fraternity, sorority or other group whose membership is composed of University students and which is formally registered and recognized by the University according to University rules, or which has submitted a pending application for registration with the University according to University rules.

(29) Title IX Allegations: Allegations within a Formal Complaint that a Respondent’s conduct constitutes Sexual Harassment (as defined under Section .02(20)) in the University’s education program or activity and occurred within the United States as defined in 34 C.F.R. 106.30(a).

(30) Title IX Hearing: A type of Formal Hearing in which a Title IX Hearing Officer serves as the decision-maker, as provided under Section .10 of this Chapter.

(31) Title IX Hearing Officer: A person or persons appointed to conduct a Title IX Hearing.

(32) UAPA: The Uniform Administrative Procedures Act, Tenn. Code Ann. §§ 4-5-101 et seq.

(33) UAPA Administrative Judge: A hearing officer who presides over and serves as the decisionmaker in a UAPA Hearing.

(34) UAPA Hearing: A type of Formal Hearing conducted by a UAPA Administrative Judge in accordance with Chapter 1720-01-05 and the UAPA.

(35) University: The University of Tennessee at Chattanooga.

(36) University-affiliated activity: Any activity, on or off University-controlled property, that is initiated, aided, authorized, sponsored, or supervised by the University.

(37) University-controlled property: All land, buildings, facilities, grounds, structures, or any other property owned, leased, used, maintained, or operated by the University. For purposes of this

rule, University-controlled property includes all streets, alleys, sidewalks, and public ways abutting such property. University-controlled property also includes, but is not limited to, computers and network systems owned, maintained, controlled, or funded by the University.

(38) University official: A University employee when acting in the course and scope of his or her employment duties.

(39) Vice Chancellor for Student Affairs: The University's chief student affairs officer to whom the Chancellor has delegated primary authority and responsibility for the administration of the Code.

(40) Weapon: Any device, instrument, or substance that is designed to, or reasonably could be expected to, inflict a wound, incapacitate, or cause serious bodily injury or death, including, without limitation, any firearm (loaded or unloaded); real firearm or device that would appear to a law enforcement officer to be a real firearm; ammunition; electronic control device (including, but not limited to, a Taser gun or stun gun); device designed to discharge an object (including, but not limited to, a BB gun, air/CO2 gun, pellet gun, potato gun, paintball gun, or slingshot), excluding water guns; dangerous chemical (including, but not limited to, tear gas or oleoresin capsicum), explosive or explosive device, including a substance or combination of substances possessed or prepared for producing a visible or audible effect by combustion, explosion, deflagration or detonation (including, but not limited to, a bomb, grenade, or firework); martial arts weapon; bow and arrows; metal knuckles; nightstick; blackjack; dirk; knife with a fixed blade longer than four (4) inches (not including an ordinary eating utensil); switchblade, dagger, and sword. The term “weapon” does not include an ordinary pocket knife that folds; an available over-the-counter chemical repellent for selfdefense (including, but not limited to, mace); or an instrument used solely for personal hygiene, preparation of food, maintenance, University-related instruction, or University employment-related duties.

History

• Authority: T.C.A. §§ 4-5-101, et seq., 49-7-1702(1), 49-7-1703(c), and 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 rule filed September 15, 1976; effective October 15, 1976. Repealed by Public Chapter 575; effective July 1, 1986. New rule filed May 27, 1986; effective August 12, 1986. Amendment filed October 31, 1990; effective January 29, 1991. Amendment filed November 20, 1990; effective February 27, 1991. Amendment filed September 3, 1992; effective December 29, 1992. Amendment filed June 18, 1996; effective October 28, 1996. Amendment filed June 22, 2006; effective October 27, 2006. Repeal and new rule filed April 17, 2012; effective September 28, 2012. Emergency rule filed August 27, 2015; effective through February 23, 2016. Amendment filed September 14, 2015; effective December 13, 2015. Emergency rules filed June 29, 2018; effective through December 26, 2018. Amendments filed June 29, 2018; effective September 27, 2018. Repeal and new rule filed September 30, 2019; effective December 29, 2019. Emergency rules filed August 13, 2020; effective through February 9, 2021. Emergency rules expired effective February 10, 2021, and the rules reverted to their previous statuses. Amendments filed December 17, 2020; effective March 17, 2021.

Tenn. Comp. R. & Regs. 1720-02-05-.03 JURISDICTION AND APPLICATION

(1) Jurisdiction. The Code applies to the conduct of a student that occurs on University-controlled property. With respect to conduct that does not occur on University-owned property, the University has the discretion to discipline a student for conduct in violation of the Code if the student's conduct adversely affects the interests of the University, including, without limitation, when the conduct:

(a) Occurs during or in connection with a University-affiliated activity, including, without limitation, an overseas study program, clinical or field placement, internship, or inservice experience;

(b) Consists of academic dishonesty or research misconduct;

(c) Is prohibited by local, state, or federal law;

(d) Involves another member of the University community; or (e) Threatens, or indicates that the student may pose a threat to, the health or safety of the student or other person, or the security of any person's property, including, without limitation, alcohol-related misconduct, drug-rel ated misconduct, arson, battery, fraud, theft, hazing, participation in group violence, Sexual Harassment, and sexual exploitation.

(2) Time Period of Application to Students. The Code applies to a student's conduct from the time the student applies for admission to the University through the entire time that the student is a candidate for and/or is awarded a degree from the University (even if a student's conduct which violates the Code is not discovered by the University until after the University awards a degree to the student). The Code applies to a student's conduct that occurs during the academic year, between semesters, and during periods between terms of actual enrollment at the University.

(3) Conduct Attributable to Student Organizations. Each student organization is responsible for conduct fairly attributable to the student organization. A determination that conduct is fairly attributable to a student organization does not preclude holding student members of the student organization accountable for acts committed in relation to the student organization's conduct. The chief student officer of the student organization (e.g., president or equivalent) or his or her designee will serve as the representative of the student organization during any proceedings against the student organization under the Code. In determining whether misconduct in violation of the Code is fairly attributable to a student organization, the University will consider the following factors:

(a) Whether one (1) or more officers of the student organization had prior knowledge that the misconduct was reasonably likely to occur and failed to take reasonable preventative or corrective action, failed to attempt to stop known misconduct while it was occurring, and/or helped to plan, promote, or carry out the misconduct.

(b) Whether the misconduct occurred in connection with an activity: (i) financed by the student organization and/or one (1) or more members or alumni of the student organization who contributed personal funds in lieu of organizational funds; (ii) related to initiation into, admission into, affiliation with, or as a condition for continued membership in the student organization; and/or (iii) advertised, promoted, or publicized in such a way that a reasonable person viewing or hearing the advertisement, promotion, or publication would believe that the activity was affiliated with the student organization.

(c) Whether the misconduct occurred on property owned, controlled, rented, leased, and/or used by the student organization and/or any of its members or alumni acting on the student organization's behalf.

(d) Whether a member of the student organization attempted to conceal the activity connected with the misconduct or concealed the misconduct of another member of the student organization.

(4) Relation to Criminal and Civil Legal Proceedings. The Code has been adopted in furtherance of the University's interests and serves to supplement, rather than substitute for, the enforcement of criminal and civil law. Accordingly, a Respondent may be charged with violating the Code for conduct that also constitutes a violation of criminal or civil law without regard to whether criminal or civil legal proceedings have been initiated against the Respondent. Disciplinary action for student conduct in violation of the Code may be carried out prior to, simultaneously with, or following criminal or civil proceedings regarding the same conduct. A Respondent charged with violating the Code may not challenge University proceedings in the student conduct process on the grounds that a criminal or civil legal proceeding (or another University proceeding) regarding the same misconduct is pending or has been dismissed, or otherwise that criminal charges or civil claims regarding the same misconduct have been adjudicated, settled and/or reduced. When appropriate, the University may refer student conduct matters involving violations of the law to federal, state, or local authorities for prosecution.

(5) Misconduct Not Excused by Intoxication or Impairment. The intoxication or impairment of a student by alcohol, drugs, or other substances will not diminish or excuse any conduct in violation of the Code that the student commits while intoxicated or impaired, except as provided under Section .16 of this Chapter.

(6) Concurrent Honor Code and Non-Honor Code Violations of the Code. Notwithstanding anything in this Chapter to the contrary, allegations of violations of Section .04(1) of this

Chapter will be resolved in accordance with the Honor Code procedures under Chapter 1720-02-01. In cases involving allegations of both Honor Code violations and non-Honor Code violations of the Code, the alleged Honor Code violations will be resolved in accordance with the Honor Code procedures under Chapter 1720-02-01 separately from resolution of the alleged non-Honor Code violations, which will be resolved pursuant to the Code procedures under this Chapter. In such cases, disciplinary sanctions may be issued against the Respondent for any Honor Code violations separate from and additional to disciplinary sanctions issued for any non-Honor Code violations of the Code.

(7) Violations of Professional Standards or Ethics. Graduate or professional programs within the University may take separate and independent action against students for alleged violations of professional and/or ethical standards using procedures other than those contained in the Code.

(8) Effect on Coursework. Coursework performed by a Respondent during the student conduct process will be considered conditional. Credit for such coursework may be affected, delayed, denied, and/or revoked based on a finding of a Code violation and/or disciplinary sanctions imposed against the Respondent under the Code. In addition, subject to the other provisions of the Code, a delay in the granting of a degree or diploma may be imposed, or a degree that is awarded prior to a decision under the Code may be revoked.

(9) Withdrawal During the Student Conduct Process. If a Respondent voluntarily withdraws from the University before the conclusion of the student conduct process, the Office of Student Conduct retains the right to investigate and resolve the allegations against the Respondent as a condition of the Respondent being allowed to re-enroll in the University. A Disciplinary Hold on the Respondent's record, as provided under Section .14(3) of this Chapter, may be implemented or remain in place after the Respondent withdraws in order to enforce this

Section .03(9).

(10) Time Extensions and Rescheduling. Any time period specified under the Code may be extended for good cause at the discretion of the Office of Student Conduct. Any hearing or meeting described in the Code may be rescheduled for good cause at the discretion of the Office of Student Conduct.

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 rule filed September 15, 1976; effective October 15, 1976. Repealed by Public Chapter 575; effective July 1, 1986. New rule filed May 27, 1986; effective August 12, 1986. Amendment filed March 12, 1987; effective June 29, 1987. Amendment filed June 22, 2006; effective October 27, 2006. Repeal and new rule filed April 17, 2012; effective September 28, 2012. Repeal and new rule filed September 30, 2019; effective December 29, 2019. Emergency rules filed August 13, 2020; effective through February 9, 2021. Emergency rules expired effective February 10, 2021, and the rules reverted to their previous statuses. Amendments filed December 17, 2020; effective March 17, 2021.

Tenn. Comp. R. & Regs. 1720-02-05-.04 STANDARDS OF CONDUCT

All students are prohibited from engaging in the following:

(1) Academic Dishonesty/Honor Code Violation: Cheating, plagiarism, or any other act of academic dishonesty, including, but not limited to, an act in violation of the Honor Code.

(2) Providing False Information: Providing false information to a University official.

(3) Misuse of Information in Connection with a University Investigation or Hearing: Falsifying, distorting, misrepresenting, or withholding information in connection with a University investigation or hearing, except for the withholding of information as provided under Section .05(1)(d) and Section .05(2)(c) of this Chapter.

(4) Misuse of Records, Identification, and/or Documents: Forging, altering, destroying, falsifying, or misusing records, identification, or documents, whether in print or electronic form.

(5) Harm and/or Endangerment: Causing physical harm to any person, including oneself; endangering the health, safety, or welfare of any person, including oneself; 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 a 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.

(6) Harassment: Unwelcome conduct directed toward another person that is discriminatory on a

basis prohibited by federal, state, or local law, and that is determined by a reasonable person to be so severe, pervasive, and objectively offensive, that it effectively bars the ability of a person to work, learn, live, or participate in or benefit from the services, activities, or privileges provided by the University. In no event shall this rule be construed to discipline a student for speech protected by the First Amendment to the United States Constitution including, but not limited to, mere insulting or offensive speech. Notwithstanding any provisions in this Section .04(6) to the contrary, harassment based on sex, including Sexual Harassment, shall constitute conduct as defined under Section .02(20) of this Chapter in accordance with the University's Policy on Sexual Harassment, Sexual Assault, Dating and Domestic Violence, and Stalking.

(7) Sexual Harassment, Sexual Assault, Dating Violence, Domestic Violence, Stalking, Sexual Exploitation, and/or Retaliation: Engaging in conduct prohibited by the University's Policy on Sexual Harassment, Sexual Assault, Dating and Domestic Violence, and Stalking, including sexual exploitation and retaliation.

(8) Invasion of Privacy: Invasion of another person's privacy when that person has a reasonable expectation of privacy, including, but not limited to, by using electronic or other means to make a video or photographic record of any person in a location in which the person has a reasonable expectation of privacy, without the person's knowledge or consent. This includes, but is not limited to, making a video or photographic record of a person in a shower, locker rooms or restrooms. The storing, sharing, and/or distributing of such unauthorized recordings by any means is also prohibited.

(9) Theft, Misappropriation and/or Unauthorized Possession/Sale: Theft, misappropriation, unauthorized possession, or unauthorized sale of private or public property, including but not limited to, University-controlled property.

(10) Vandalism: Vandalizing, destroying, damaging, engaging in conduct that reasonably could cause damage to, or misusing private or public property, including but not limited to, University-controlled property.

(11) Hazing: Any intentional or reckless act on or off University-controlled property by one (1) student, acting alone or with others that is directed against any other student, that endangers the mental or physical health, safety, or welfare of that student, or that induces or coerces a student to endanger his or her mental or physical health, safety, or welfare. “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.

(12) Disorderly Conduct: Fighting or other physically violent or physically threatening conduct; creating a hazardous or physically offensive condition by any act that serves no legitimate

purpose; making noise that could unreasonably disturb others who are carrying on lawful activities; or conduct that breaches the peace.

(13) Lewd, Indecent, or Obscene Conduct: Engaging in lewd, indecent, or obscene conduct, including, without limitation, public exposure of one's sexual organs, public urinating, and public sexual acts.

(14) Imminent Lawless Action: Engaging in speech, either orally or in writing, that is directed to inciting or producing imminent lawless action and is likely to incite or produce such action.

(15) Arson and/or Fire Safety: Any act of arson; falsely reporting a fire, the presence of an explosive or incendiary device, or other emergency; setting off a false fire alarm; or tampering with, removing, or damaging fire alarms, fire extinguishers or any other safety or emergency equipment from its proper location except when removed in a situation in which there is a reasonable belief of the need for such equipment.

(16) Unauthorized Possession and/or Access to University Property: Possessing, using, or duplicating University keys, access cards, parking permits, or identification cards without authorization; or possessing, using, or entering University-controlled property without authorization.

(17) Misuse of University Information and/or Technology: Theft, misuse, or unauthorized use of information technology facilities, resources, or access codes, including, but not limited to: unauthorized entry into or transfer of a file; using another person's identification and/or password without that person's consent; using information technology facilities or resources to interfere with the work of another student, faculty member, staff employee, or other member of the University community; using information technology facilities or resources to interfere with normal operation of a University information technology system or network; circumventing University information technology system or network security; using information technology facilities or resources in violation of copyright laws; falsifying an e-mail header; and conduct that violates the University's rules or policies on the acceptable use of information technology resources.

(18) Unauthorized Use of Weapons and Related Misconduct: Possessing, 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 his or her designee) of the University Police Department or unless federal or state law affirmatively gives a student a right, irrespective of the Code, to possess or carry a weapon on Universitycontrolled property or in connection with a University-affiliated activity.

(19) Alcohol-Related Misconduct: Consuming, manufacturing, possessing, distributing, dispensing, or selling alcohol or alcohol paraphernalia, or being under the influence of alcohol, on University-controlled property or in connection with a University-affiliated activity, unless expressly permitted by University rules or policy.

(20) Violation of Federal, State, or Local Alcohol Laws: Consuming, manufacturing, possessing, distributing, dispensing, or selling alcohol or alcohol paraphernalia, or being under the influence of alcohol, if prohibited by federal, state, or local law.

(21) Providing Alcohol to Minors: Providing alcohol to a person younger than twenty-one (21) years of age, unless permitted by law.

(22) Drug-Related Misconduct: Using, manufacturing, possessing, distributing, selling, or dispensing drugs or drug paraphernalia, or being under the influence of drugs, if prohibited by federal, state, or local law; using or possessing a prescription drug if the prescription is not issued to the student using or in possession of the prescription drug; or distributing or selling a prescription drug to a person to whom the prescription was not originally issued.

(23) Obstruction or Disruption of University Activities: Obstructing or disrupting teaching, learning, studying, research, public service, administration, disciplinary proceedings, emergency services, or any other University-affiliated activity, or the free flow of pedestrian or vehicular traffic. In no event shall this rule be construed to discipline a student for speech protected by the First Amendment to the United States Constitution.

(24) Failure to Comply with University Request or Directive: Failing to respond to a request to report to a University administrative office; failing to comply with a lawful directive of a University official or other public official acting within the scope of his or her duties, except as provided under Section .05(1)(d) and Section .05(2)(c) of this Chapter; or failing to identify oneself to a University official or other public official acting within the scope of his or her duties when requested to do so.

(25) Failure to Pay Financial Obligation: Failing to pay a bill, account, or other financial obligation to the University.

(26) Failure to Appear at Hearing: Failing to appear at a University hearing, including, but not limited to, a Formal Hearing or a hearing related to alleged violations of the Honor Code, following a request to appear either as a party or as a witness, unless the student has a right to not appear under state or federal law.

(27) Retaliation: Retaliation 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, including, without limitation, any act or omission constituting “retaliation” under the University's Policy on Sexual Harassment, Sexual Assault, Dating and Domestic Violence, and Stalking and University rules. Retaliation violates the Code regardless of whether or not the underlying allegation of a violation of the Code is ultimately found to have merit. Retaliation can include, without limitation: (i) an act or omission committed against a person's family, friends, advisors, and/or other persons reasonably expected to provide information in connection with a University investigation or hearing; and (ii) an act or omission committed by a student through a third party.

(28) Violation of Housing & Residence Life Policies: Violating any obligations under a University Housing & Residence Life contract for University residential housing and/or any policies under the Housing & Residence Life Student Handbook.

(29) Violation of Other University Rule, Policy, or Procedure: Violating any University rule, policy, or procedure other than the Code, including, without limitation, University rules or policies relating to use of University facilities, smoking, the acceptable use of information technology resources, research misconduct, University libraries, dining services, parking or transportation, University identification card use, and registered student organizations.

(30) Violation of Federal, State, or Local Law: Committing an act that is prohibited by federal, state, or local laws, regulations, and/or ordinances.

(31) Attempt to Commit or Accessory to a Violation: Attempting to commit a violation of a Standard of Conduct set forth under this Section .04 or being an accessory to the commission of an act or attempted act in violation of a Standard of Conduct set forth under this Section .04.

(32) Violation of University Action: Violating the terms of an interim action under Section .14 of this

Chapter (including, but not limited to, a no-contact directive, interim restriction, or interim suspension); Behavioral Agreement; Resolution Agreement, Alternative Resolution Agreement, Informal Resolution, disciplinary sanction; or restriction, sanction, or condition of enrollment or re-enrollment imposed by the University.

History

• Authority: T.C.A. §§ 49-7-123(a)-(b), 49-7-1702(3), 49-7-2406(a)-(b), and 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 rule filed September 15, 1976; effective October 15, 1976. Repeal filed August 22, 1980; effective November 5, 1980. Repealed by Public Chapter 575; effective July 1, 1986. New rule filed May 27, 1986; effective August 12, 1986. Amendment filed June 22, 2006; effective October 27, 2006. Repeal and new rule filed April 17, 2012; effective September 28, 2012. Emergency rule filed August 27, 2015; effective through February 23, 2016. Amendment filed September 14, 2015; effective December 13, 2015. Repeal and new rule filed September 30, 2019; effective December 29, 2019. Emergency rules filed August 13, 2020; effective through February 9, 2021. Emergency rules expired effective February 10, 2021, and the rules reverted to their previous statuses. Amendments filed December 17, 2020; effective March 17, 2021.

Tenn. Comp. R. & Regs. 1720-02-05-.05 DUE PROCESS RIGHTS AND CONFLICTS OF INTEREST

(1) Rights of the Respondent.

A Respondent will have the following rights during the student conduct process:

(a) The right to a prompt, thorough, and equitable investigation.

(b) The right to meet with the Office of Student Conduct to ask questions and receive information about the student conduct process, including, without limitation, the status of an investigation.

(c) The right to be informed of all alleged Code violation(s) or charges in writing. The date, time, and place of occurrence of the alleged Code violation(s) will be stated in the written notice.

(d) The right to remain silent in any investigation, meeting, or hearing.

(e) The right to a fair and equitable hearing.

(f) The right to the initial presumption that the Respondent is not responsible for the alleged Code violation(s).

(g) The right to receive notice of hearings at which the Respondent may be present.

(h) The right to access any information or documents that will be used during a hearing, unless prohibited by law, and in a Title IX Hearing, the right to access and refer to any evidence obtained as part of the investigation that is directly related to the Title IX Allegations.

(i) The right to challenge, for good cause, the fairness and/or impartiality of any Hearing Officer, Student Conduct Board Chairperson, Student Conduct Board member, Title IX Hearing Officer, or UAPA Administrative Judge. The Vice Chancellor for Student Affairs (or his or her designee) will decide on challenges to Hearing Officers, Student Conduct Board Chairpersons, or Title IX Hearing Officers. The Student Conduct Board Chairperson will decide on challenges to Student Conduct Board members. Challenges to UAPA Administrative Judges will be decided according to the UAPA Hearing procedures under Chapter 1720-01-05.

(j) The right to challenge all charges and testimony against the Respondent; to present witnesses and other evidence; and to challenge the admissibility or relevance of evidence.

(k) The right not to be questioned directly by the Complainant during a hearing, unless otherwise provided by federal or state law.

(l) The right to be informed in writing of the decision of the decision-maker in a case, and if applicable, the proper procedure for appealing the decision.

(m) The right to appeal the decision of the decision-maker in a Hearing Officer Hearing, Student Conduct Board Hearing, Title IX Hearing, or UAPA Hearing.

(n) The right to be assisted by an advisor during all stages of the student conduct process in accordance with Section .05(3) of this Chapter.

(2) Rights of the Complainant.

A Complainant will have the following equivalent rights granted to a Respondent during the student conduct process, unless otherwise provided by federal or state law:

(a) The right to a prompt, thorough, and equitable investigation.

(b) The right to meet with the Office of Student Conduct to ask questions and receive information about the student conduct process, including, without limitation, the status of an investigation.

(c) The right to remain silent in any investigation, meeting, or hearing.

(d) The right to receive notice of any hearings at which the Complainant may be present.

(e) The right to access any information or documents that may be used during a hearing, unless prohibited by law, and in a Title IX Hearing, the right to access and refer to any evidence obtained as part of the investigation that is directly related to the Title IX Allegations.

(f) The right to challenge, for good cause, the fairness and/or impartiality of any Hearing Officer, Student Conduct Chairperson, Student Conduct Board member, Title IX Hearing Officer, or UAPA Administrative Judge. The Vice Chancellor for Student Affairs (or his or her designee) will decide on challenges to Hearing Officers, Student Conduct Board Chairpersons, or Title IX Hearing Officers. The Student Conduct Board Chairperson will decide on challenges to Student Conduct Board members. Challenges to UAPA Administrative Judges will be decided according to the UAPA Hearing procedures under Chapter 1720-01-05.

(g) The right to challenge all testimony against the Complainant; to present witnesses and other evidence; and to challenge the admissibility or relevance of evidence.

(h) The right not to be questioned directly by the Respondent during a hearing, unless otherwise provided by federal or state law.

(i) The right to be informed in writing of the decision of the decision-maker in a case, and if applicable, the proper procedure for appealing the decision.

(j) If applicable and where provided by law or University rules or policy, the right to appeal the decision of the decision-maker in a Hearing Officer Hearing, Student Conduct Board Hearing, Title IX Hearing, or UAPA Hearing.

(k) The right to be assisted by an advisor during all stages of the student conduct process in accordance with Section .05(3) of this Chapter.

(3) Right to an Advisor.

(a) The Complainant and the Respondent each may choose to be assisted by one (1) advisor during all stages of the student conduct process.

(b) The University encourages a Complainant or Respondent who chooses to be assisted by an advisor to consider selecting a University employee who has received training about the student conduct process from the Office of Student Conduct. The Complainant and the Respondent may obtain the names of trained advisors from the Office of Student Conduct. At their own expense, the Complainant and the Respondent may choose a person who is not employed by the University to serve as an advisor.

That person may be, but is not required to be, an attorney. The Complainant and the Respondent should select as an advisor a person whose schedule allows attendance at the scheduled date, time, and place for meetings and hearings, as delays will generally not be granted due to the scheduling conflicts of an advisor. If a Complainant or Respondent does not have an advisor present at a Title IX Hearing, the University must provide one (1) (selected by the University) without fee or charge to that party.

(c) The role of an advisor is limited to assisting, advising, and/or supporting a Complainant or Respondent during the student conduct process, including at all meetings, investigative interviews, and hearings. An advisor is not permitted to speak for or on behalf of a Complainant or Respondent, appear in lieu of a Complainant or Respondent, participate as a witness, or participate directly in any other manner during any phase of the student conduct process, except in a Title IX Hearing. In a Title IX Hearing, the advisor is permitted to speak on behalf of a Complainant or Respondent for the purposes of asking questions of the other party and witnesses, in accordance with Section .10 of this Chapter. In a UAPA Hearing, the Complainant and the Respondent are entitled to be represented by legal counsel at their own expense, and in accordance with state law.

(4) Restrictions on Participation Imposed by Law. Notwithstanding any provisions of the Code to the contrary, including, without limitation, any provisions in this Section .05, a Complainant will not have the right to attend a meeting or hearing, receive information concerning a case, or otherwise participate in the student conduct case, if such attendance, receipt of information, or participation would violate federal or state law.

(5) Rights in Sexual Harassment, Sexual Assault, Dating Violence, Domestic Violence, Stalking, Sexual Exploitation, and/or Retaliation Cases. Notwithstanding any provisions of the Code to the contrary, including, without limitation, any provisions in this Section .05, in cases involving alleged violations of Standard of Conduct 7 under Section .04(7) of this Chapter, the Complainant and Respondent will have the rights outlined in this Section .05 and any additional rights granted in the University's Policy on Sexual Harassment, Sexual Assault, Dating and Domestic Violence, and Stalking and University rules, in accordance with Title IX of the Education Amendments of 1972, the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, and other applicable laws.

(6) Conflicts of Interest.

(a) The student conduct process must be carried out in a manner that is free from conflicts of interest or bias consistent with due process of law.

(b) In all cases involving alleged conduct that violates the University's Policy on Sexual Harassment, Sexual Assault, Dating and Domestic Violence, and Stalking, the student conduct process must include protections for the Respondent analogous to, and no less protective than, the conflict of interest provisions of Tenn. Code Ann. § 4-5-303.

Notwithstanding the preceding sentence: (i) an attorney for the University is allowed to provide legal advice to multiple University employees who serve in different roles in the student conduct process; and (ii) the University is allowed to provide the Complainant with equivalent rights as the Respondent during the student conduct process.

History

• Authority: T.C.A. §§ 4-5-101, et seq., 49-7-1703(a), 49-7-1704(a) and (d), and 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 rule filed September 15, 1976; effective October 15, 1976. Repeal filed August 22, 1980; effective November 5, 1980. Repealed by Public Chapter 575; effective July 1, 1986. New rule filed May 27, 1986; effective August 12, 1986. Amendment filed June 22, 2006; effective October 27, 2006. Repeal and new rule filed April 17, 2012; effective September 28, 2012. Emergency rule filed August 27, 2015; effective February 23, 2016. Amendment filed September 14, 2015; effective December 13, 2015. Repeal and new rule filed September 30, 2019; effective December 29, 2019. Emergency rules filed August 13, 2020; effective through February 9, 2021. Emergency rules expired effective February 10, 2021, and the rules reverted to their previous statuses. Amendments filed December 17, 2020; effective March 17, 2021.

Tenn. Comp. R. & Regs. 1720-02-05-.06 STUDENT CONDUCT PROCESS – INITIAL AND PRE-RESOLUTION STAGES

(1) Initiation of the Student Conduct Process.

(a) The University may initiate the student conduct process on the basis of written allegations received from any source including, without limitation, students, faculty members, staff employees, or law enforcement agencies. The University may also initiate the student conduct process in the absence of written allegations if the University becomes aware, through other means, of potential Code violations committed by a student. Notwithstanding any provisions of this Section .06(1)(a) to the contrary, the student conduct process for cases involving alleged violations of Standard of Conduct 7 under Section .04(7) of this Chapter is initiated in accordance with

Section .06(1)(c).

(b) Upon receipt of written allegations or other information concerning potential Code violations, the Office of Student Conduct, on behalf of the University, will review the information and determine whether or not to initiate the student conduct process. The Office of Student Conduct's determination of whether to initiate the student conduct process generally will be based on: (i) a preliminary investigation by the Office of Student Conduct or other University official(s) into the allegations or information received; (ii) a determination of whether the alleged conduct falls within the jurisdiction of the Code; and (iii) a determination of whether the alleged conduct, if true, violated the Code.

(c) Notwithstanding any provisions in this Section .06(1) to the contrary, in cases involving alleged violations of Standard of Conduct 7 under Section .04(7) of this Chapter, the student conduct process is initiated upon the filing of a Formal Complaint by a Complainant or by the Title IX Coordinator. As soon as practicable after the filing of a Formal Complaint, the Office of Student Conduct will provide a Notice of Receipt of Formal Complaint to the parties who are known. The Notice of Receipt of Formal Complaint shall include the following information: (i) notice of the student conduct process that applies to the allegations; (ii) the identities of the parties involved in the incident; (iii) the conduct allegedly constituting the violation; (iv) the date and location of the incident, if known; (v) a statement that the Respondent is presumed not responsible for the alleged conduct; (vi) a statement that a determination regarding responsibility is made at the conclusion of the student conduct process; (vii) the parties’ right to have an advisor of their choice, who may be, but is not required to be, an attorney; (viii) the parties’ right to inspect and review evidence; and (ix) notice of the provisions of the Code that prohibit providing false information to a University official. In cases involving alleged violations of Standard of Conduct 7 under Section .04(7) of this Chapter, a Notice of Receipt of Formal Complaint shall be provided to the parties in lieu of the Respondent being provided a Notice of Allegations under Section .06(2).

(2) Notice of Allegations.

(a) If the Office of Student Conduct determines to initiate the student conduct process, it will provide a Notice of Allegations to the Respondent.

(b) The Notice of Allegations will:

1. Inform the Respondent that the University has received allegations that the Respondent has violated the Code and that the University has begun or will begin an investigation of the alleged violations;

2. Provide a brief description of the alleged Code violation(s);

3. Notify the Respondent of his or her right to be assisted and/or supported by an advisor at all stages of the student conduct process;

4. Instruct the Respondent to contact the Office of Student Conduct within five (5) business days of the effective date of the notice to schedule a Preliminary Meeting as provided under Section .06(3) of this Chapter;

5. Inform the Respondent of the consequences for failure to schedule or appear at a Preliminary Meeting, as provided under Section .06(3) of this Chapter; and 6. Advise the Respondent to review the Code for information about the student conduct process.

(c) Notwithstanding any provisions of this Section .06(2) to the contrary, in cases which a Formal Complaint is filed alleging violations of Standard of Conduct 7 under Section .04(7) of this Chapter, a Notice of Receipt of Formal Complaint shall be provided to the Complainant and Respondent as provided under Section .06(1)(c) in lieu of a Notice of Allegations being provided to the Respondent.

(3) Preliminary Meeting.

(a) Preliminary Meeting. After a Notice of Allegations is issued to a Respondent, a Hearing Officer, appointed by the Office of Student Conduct, will hold a Preliminary Meeting with the Respondent, unless the Respondent fails to schedule a Preliminary Meeting as provided under Section .06(3)(a) of this Chapter or fails to appear at a scheduled Preliminary Hearing as provided under Section .06(3)(b) of this Chapter. If the Respondent fails to contact the Office of Student Conduct within five (5) business days of the effective date of the Notice of Allegations to schedule the Preliminary Meeting, the Respondent waives his or her right to a Preliminary Meeting and the right to select the type of Formal Hearing for resolution of the allegations, unless the Respondent's failure to contact the Office of Student Conduct is excused by the Office of Student Conduct upon a showing of good cause. If the Respondent waives his or her right to a Preliminary Hearing as provided under this Section .06(3)(a) and the Hearing Officer determines that charges should be issued based on the information available, the Hearing Officer will select the type of Formal Hearing for resolution of the charge(s) and provide the Respondent with a Notice of Charges in accordance with Section .06(5) of this Chapter. Notwithstanding any provisions to the contrary in this Section .06(3)(a), in cases in which the Respondent has the right to a UAPA Hearing, the Respondent waives his or her right to a UAPA Hearing only as provided under Section .07(1)(e) of this Chapter.

(b) Failure to Appear at Preliminary Meeting. If the Respondent fails to appear at a scheduled Preliminary Meeting, the Respondent waives his or her right to a Preliminary Meeting and the right to select the type of Formal Hearing for resolution of the allegations, unless the Respondent's failure to appear at the Preliminary Meeting is excused by the Office of Student Conduct upon a showing of good cause. If the Respondent waives his or her right to a Preliminary Hearing as provided under this

Section .06(3)(b) and the Hearing Officer determines that charges should be issued based on the information available, the Hearing Officer will select the type of Formal Hearing for resolution of the charge(s) and provide the Respondent with a Notice of Charges in accordance with Section .06(5) of this Chapter. Notwithstanding any provisions to the contrary in this Section .06(3)(b), in cases in which the Respondent has the right to a UAPA Hearing, the Respondent waives his or her right to a UAPA Hearing only as provided under Section .07(1)(e) of this Chapter.

(c) Appearance at Scheduled Preliminary Meeting. If the Respondent appears at a scheduled Preliminary Meeting, the Hearing Officer will conduct the Preliminary Meeting in the following general manner:

1. The Hearing Officer will inform the Respondent of the allegations against the Respondent and the potential disciplinary sanction(s) that could be issued against the Respondent.

2. The Respondent may ask questions and seek clarification about the allegations and any other information regarding the student conduct process.

3. The Hearing Officer will provide the Respondent with an opportunity to respond to the allegations through various means, including, without limitation, the presentation of any information for consideration by the Office of Student Conduct and/or the identification of any witnesses the Respondent believes have relevant information.

4. If the Hearing Officer determines at the Preliminary Meeting that additional investigation is not needed and that charges should not be issued against the Respondent, the Preliminary Meeting will be concluded and the Hearing Officer will provide a Notice of Decision to the Respondent in accordance with Section .13(1) of this Chapter.

5. If the Hearing Officer determines at the Preliminary Meeting that no additional investigation is needed and that charges should be issued against the Respondent, the Hearing Officer will inform the Respondent of the determination, the proposed disciplinary sanction(s) to be issued, and the applicable options available for resolution of the charge(s) provided under Section .07 of this

Chapter. The Respondent will then be provided the opportunity to state whether the Respondent wishes to accept responsibility for the charge(s) and the proposed disciplinary sanction(s), or contest the charge(s) and/or proposed disciplinary sanction(s) in a Formal Hearing.

(i) If the Respondent wishes to accept responsibility for the charge(s) and sanction(s), or otherwise not to contest the charge(s) and sanction(s) in a Formal Hearing, the Respondent may either:

(I) Enter into a Resolution Agreement accepting responsibility for the charge(s) and sanction(s) in accordance with Section .07(2) of this

Chapter; or (II) Sign a written waiver of Respondent's right to contest the charge(s) and sanction(s) in a Formal Hearing. In such case, the Hearing Officer will provide a Notice of Decision to the Respondent in accordance with Section .13(3) of this Chapter.

(ii) If the Respondent wishes to contest the charge(s) and/or the sanction(s) in a Formal Hearing, the Preliminary Meeting will be concluded and the Respondent will be issued a Notice of Charges in accordance with Section .06(5) of this Chapter, except as provided under Section .08(3) of this

Chapter.

6. If the Hearing Officer determines at the Preliminary Meeting that additional investigation is needed before the Hearing Officer determines whether or not charges should be issued against the Respondent, the Preliminary Meeting will be concluded and the Office of Student Conduct will continue its investigation of the allegation(s).

(d) The preceding provisions of this Section .06(3) do not apply to cases in which a Formal Complaint has been filed alleging violations of Standard of Conduct 7 under Section .04(7) of this Chapter. All Formal Complaints will be investigated by the Office of Student Conduct without any preliminary determinations as to whether investigation is needed or whether charges should be issued.

(4) Investigations.

(a) Investigations of alleged violations of the Code will be conducted by the Office of Student Conduct unless another person or organization is designated to serve as the investigator in accordance with University rules or policy.

(b) Investigations will be conducted in a prompt, thorough, ethical, and equitable manner.

(c) When conducting an investigation, the Office of Student Conduct (or other designated investigator) will act as a fair and impartial party rather than as a representative of the person, office, unit, or organization that submitted the allegations.

(d) During an investigation, the Complainant(s), the Respondent(s), witnesses, or any other persons may be interviewed, and other relevant information and documentation will be obtained as applicable. The Office of Student Conduct (or other designated investigator) is not obligated to interview a witness identified by the Complainant or the Respondent if the Office of Student Conduct (or other designated investigator) believes the witness is not likely to possess relevant information, the information from the witness is not likely to lead to the discovery of relevant information, or the information the witness is likely to possess is cumulative of other information already gathered. The Office of Student Conduct (or other designated investigator) may re-interview the Complainant(s), Respondent(s), witnesses, and/or any other person at any time during the investigation in order to obtain additional and/or clarifying information.

(e) Notwithstanding any provisions in this Section .06(4) to the contrary, in an investigation of a Formal Complaint alleging violations of Standard of Conduct 7 under Section .04(7) of this Chapter, the Office of Student Conduct will (i) ensure that the burden of proof and the burden of gathering evidence rests on the University and not on the parties; (ii) provide an equal opportunity for the parties to identify and present witnesses for interview, including fact witnesses and expert witnesses, and other inculpatory and exculpatory evidence; and (iii) provide written notice of the date, time, location, participants, and purpose of all investigative interviews and other meetings, with sufficient time to prepare to participate.

(f) Notwithstanding any provisions in this Section .06(4) to the contrary, in an investigation of a Formal Complaint alleging violations of Standard of Conduct 7 under Section .04(7) of this Chapter, the Office of Student Conduct will provide both parties with an equal opportunity to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in the Formal Complaint.

Prior to completion of the investigative report, the Office of Student Conduct will send to each party and the party’s advisor, if any, the evidence subject to inspection and review. The parties shall have at least ten (10) business days to submit a written response, which the Office of Student Conduct will consider prior to completion of the investigative report. After the investigative report is completed, the parties shall have at least ten (10) business days to submit a written response to the report, and no hearing shall occur until that 10-day response period has lapsed even if the parties have submitted responses prior to the expiration of the 10-day period.

(5) Notice of Charges.

(a) If it is determined that a Respondent should be charged with violation of the Code, the Office of Student Conduct will provide the Respondent with a Notice of Charges, unless otherwise provided in this Chapter.

(b) The Notice of Charges will include, without limitation, the following information:

1. A description of the conduct the Respondent is charged with committing, the specific Code violation(s) charged with violating, and the recommended disciplinary sanctions;

2. The types of Formal Hearings available for resolution of the charge(s);

3. That, if the Respondent wishes to contest the charge(s) and/or proposed disciplinary sanction(s), the Respondent must request one (1) of the available Formal Hearing options in writing within five (5) business days of the effective date of the Notice of Charges or otherwise waives the right to contest the charge(s) in a Formal Hearing; and 4. The Respondent's right to be assisted and/or supported by an advisor at all stages of the student conduct process. In cases in which the UAPA requires the University to offer the Respondent a UAPA Hearing, the notice shall notify the Respondent of his or her right to be assisted or represented by legal counsel if the Respondent decides to contest the charge(s) through a UAPA Hearing.

(c) The preceding provisions of this Section .06(5) do not apply to cases in which a Formal Complaint is filed alleging Title IX Allegations. All such Formal Complaints will proceed to a Title IX Hearing unless resolved through Informal Resolution, in accordance with

Section .07(4) of this Chapter.

History

• Authority: T.C.A. §§ 4-5-101, et seq., 49-7-122, 49-7-1704, and 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 rule filed September 15, 1976; effective October 15, 1976. Repeal filed August 22, 1980; effective November 5, 1980. Repealed by Public Chapter 575; effective July 1, 1986. New rule filed May 27, 1986; effective August 12, 1986. Amendment filed June 22, 2006; effective October 27, 2006. Repeal and new rule filed April 17, 2012; effective September 28, 2012. Emergency rule filed August 27, 2015; effective through February 23, 2016. Amendment filed September 14, 2015; effective December 13, 2015. Emergency rules filed June 29, 2018; effective through December 26, 2018. Amendment filed June 29, 2018; effective September 27, 2018. Repeal and new rule filed September 30, 2019; effective December 29, 2019. Emergency rules filed August 13, 2020; effective through February 9, 2021. Emergency rules expired effective February 10, 2021, and the rules reverted to their previous statuses. Amendments filed December 17, 2020; effective March 17, 2021.

Tenn. Comp. R. & Regs. 1720-02-05-.07 STUDENT CONDUCT PROCESS – METHODS OF RESOLUTION

Charges or allegations of violations of the Code may be resolved in one (1) of the following ways:

(1) Resolution by Formal Hearing. A Formal Hearing is a process for resolving charges of Code violations in which the Respondent is provided the opportunity to contest the charges through the presentation of evidence at a hearing (or, in a Title IX Hearing, for the parties to have a determination of responsibility made) before a fair and impartial decision-maker.

(a) Types of Formal Hearings. Charges may be resolved through one (1) of four (4) types of Formal Hearings, depending on the nature of the allegations and/or the gravity of the disciplinary sanctions proposed for the charge:

1. Hearing Officer Hearing. A hearing held before a Hearing Officer in accordance with Section .08 of this Chapter. A Hearing Officer Hearing will be offered in every case, except as provided in this Section .07(1)(a)1. Hearing Officer Hearings will not be held for resolution of allegations of violations of Standard of Conduct 7 under Section .04(7) of this Chapter.

2. Student Conduct Board Hearing. A hearing held before a Student Conduct Board in accordance with Section .09 of this Chapter. A Student Conduct Board Hearing will be offered in every case.

3. Title IX Hearing. A hearing before a Title IX Hearing Officer, in accordance with

Section .10 of this Chapter. A Title IX Hearing is the only Formal Hearing provided under the Code for determining responsibility for Title IX Allegations.

4. UAPA Hearing. A “contested case” hearing under the UAPA held before a UAPA Administrative Judge in accordance with Chapter 1720-01-05. A Respondent has the right to a UAPA Hearing only when the UAPA requires the University to offer a UAPA Hearing as determined by the gravity of the disciplinary sanction(s) proposed for the charge.

(b) Request for Formal Hearing. In order to contest the charge(s) set forth in the Notice of Charges, the Respondent must request in writing a Formal Hearing and the selected type of Formal Hearing using the form(s) provided by the University within five (5) business days of the effective date of the Notice of Charges. A verbal request by the Respondent for a Formal Hearing or of the selected type of Formal Hearing will not constitute a valid request. By selecting a type of Formal Hearing, the Respondent waives the right to contest the charged Code violation(s) through another type of Formal Hearing. The preceding provisions of this Section .07(1)(b) do not apply to cases in which a Formal Complaint is filed alleging Title IX Allegations.

(c) Failure to Contest. If the Respondent fails to request a Formal Hearing in writing within five (5) business days of the effective date of the Notice of Charges, the Respondent waives the right to contest the charge(s), and the Office of Student Conduct may issue a Notice of Decision to the Respondent as provided under Section .13(3) of this

Chapter. Notwithstanding the foregoing provisions in this Section .07(1)(c), the Office of Student Conduct may decline to issue a Notice of Decision and permit the Respondent to contest the charge(s) through a Formal Hearing upon a showing of good cause by the Respondent for his or her failure to timely request a Formal Hearing. The preceding provisions of this Section .07(1)(c) do not apply to cases in which a Formal Complaint is filed alleging Title IX Allegations.

(d) Failure to Request Type of Formal Hearing. If, within five (5) business days of the effective date of the Notice of Charges, the Respondent requests a Formal Hearing in writing but fails to request in writing the type of Formal Hearing, the Respondent waives the right to select the type of Formal Hearing for resolution of the charge(s), unless the Respondent's failure to select the type of Formal Hearing is excused by the Office of Student Conduct upon a showing of good cause. If the Respondent waives his or her right to select the type of Formal Hearing as provided under this Section .07(1)(d), the Office of Student Conduct will select the type of Formal Hearing and will provide notice to the Respondent of the type of Formal Hearing selected and the date, time, and place of the hearing. The preceding provisions of this Section .07(1)(d) do not apply to cases in which a Formal Complaint is filed alleging Title IX Allegations.

(e) Waiver of UAPA Hearing. Notwithstanding any provisions in this Chapter to the contrary, in a case in which the UAPA requires that the University offer the Respondent a UAPA Hearing, the Respondent waives his or her right to a UAPA Hearing only if the Respondent: (i) fails to request a Formal Hearing in writing within five (5) business days of the effective date of the Notice of Charges; or (ii) executes a voluntary written waiver of his or her right to a UAPA Hearing. If the Respondent timely requests a Formal Hearing in writing, the University will conduct a UAPA Hearing to resolve the charge(s) unless the Respondent executes a voluntary written waiver of the Respondent's right to a UAPA Hearing.

(f) Emergency Ad Hoc Committee Hearing. When, in the judgment of the Chancellor, conditions are such that the functioning of a Hearing Officer Hearing or Student Conduct Board Hearing to resolve Code violation charges is impractical, the Vice Chancellor for Student Affairs may suspend the procedural rules for Hearing Officer Hearings and Student Conduct Board Hearings under this Chapter and appoint an ad hoc committee to hear a student conduct matter. Any such ad hoc committee will follow procedures that will insure the Respondent is provided due process. The decision of the ad hoc committee may be appealed in accordance with Section .12 of this Chapter as if the decision were issued by a Hearing Officer or Student Conduct Board. The preceding provisions of this Section .07(1)(f) do not apply to cases in which a Formal Complaint is filed alleging Title IX Allegations.

(g) All cases in which a Formal Complaint is filed alleging Title IX Allegations will proceed to a Title IX Hearing without either party having to elect the hearing.

(2) Resolution by Resolution Agreement. At any time during the student conduct process, the Respondent may resolve charges of violations of the Code (other than Title IX Allegations) by entering into a Resolution Agreement with the University.

(a) By signing a Resolution Agreement, the Respondent: (i) accepts responsibility for the Code violations indicated in the agreement; (ii) agrees to the imposition of the disciplinary sanctions indicated in the agreement; and (iii) waives all rights the Respondent may have to resolve the charges through a Formal Hearing.

(b) Subject to Section .07(2)(c) of this Chapter, a Resolution Agreement will not become binding and effective until it is signed by the Respondent and an authorized University official. A Respondent may not revoke or appeal a Resolution Agreement at any time after the Respondent signs the agreement.

(c) The Complainant will have the right in certain cases (where provided by law or University rules or policy) to appeal the terms of a Resolution Agreement. In such cases, the procedures under this Section .07(2)(c) will apply. In a case in which the Complainant has the right to appeal the terms of a Resolution Agreement and properly exercises such right, the agreement will not become binding and effective unless and until the issuance of a final decision on appeal upholding the agreement.

1. For a Resolution Agreement entered into between the Respondent and the University in any case in which the UAPA Hearing procedure has not been se lected and initiated for resolution of the charge(s), the Office of Student Conduct will provide written notice to the Complainant of the agreement, and the Complainant may appeal the agreement in writing to the Vice Chancellor for Student Affairs within five (5) business days of the effective date of the notice of the agreement. The Vice Chancellor for Student Affairs must either uphold or reject the agreement in its entirety and provide notice of his or her decision to the Complainant and Respondent within ten (10) business days of receipt of the Complainant's appeal. If the Vice Chancellor for Student Affairs upholds the Resolution Agreement, the decision is final and the agreement will become effective and binding. If the Vice Chancellor for Student Affairs rejects the Resolution Agreement, the Office of Student Conduct will continue the student conduct process and resolve the charge(s) against the Respondent in accordance with the Code.

2. For a Resolution Agreement entered into between the Respondent and the University in which the UAPA Hearing procedure has been selected and initiated for resolution of the charge(s), the availability of any appeal of the Resolution Agreement will be determined by the UAPA Administrative Judge under Chapter 1720-01-05.

(d) Formal Complaints alleging Title IX Allegations may not be resolved through a Resolution Agreement but may be resolved through an Informal Resolution in accordance with Section .07(4).

(3) Resolution by Alternative Resolution Agreement.

(a) Proposal of Alternative Resolution. At any time during the student conduct process, allegations or charges of violations of the Code against the Respondent (other than Title IX Allegations) may be resolved through an Alternative Resolution Agreement. An alternative resolution is a resolution that is reached through a process and/or by a sanction or restriction not described in the Code. Before proposing an alternative resolution, the Office of Student Conduct shall determine whether an alternative resolution would be appropriate based on the facts and circumstances of the case, and if so, what type of alternative resolution process should be used. Subject to Section .07(3)(c), in cases in which a Formal Complaint is filed alleging violations of Standard of Conduct 7 under Section .04(7) of this Chapter, the Title IX Coordinator will make that determination in consultation with the Office of Student Conduct. The process of trying to reach an alternative resolution is voluntary (i.e., neither the Respondent nor a Complainant is required to participate). If an Alternative Resolution Agreement as defined under Section .07(3)(b) is not reached, then the Office of Student Conduct will continue the student conduct process and resolve the allegations or charges against the Respondent in accordance with the Code.

(b) Alternative Resolution Agreement. An Alternative Resolution Agreement is a written agreement that confirms an agreement to resolve the allegations or charges against the Respondent through an alternative resolution. To be valid, an Alternative Resolution Agreement shall in all cases be signed by the Office of Student Conduct and the Respondent, and shall include a waiver of the Respondent's right, if any, to have a Formal Hearing on the allegations or charges. Prior to the execution of an Alternative Resolution Agreement, if a Complainant has not participated with the Office of Student Conduct in the discussion of an alternative resolution, then the Office of Student Conduct will provide the Complainant with an opportunity to provide a timely objection to the proposed alternative resolution. In appropriate cases, the Office of Student Conduct may request the Complainant to sign the Alternative Resolution Agreement and determine that the Alternative Resolution Agreement is not effective without the Complainant's signature. Neither the Respondent nor the Complainant may revoke or appeal an Alternative Resolution Agreement.

(c) Formal Complaints alleging Title IX Allegations may not be resolved through an Alternative Resolution Agreement but may be resolved through an Informal Resolution in accordance with Section .07(4).

(4) Informal Resolution. In cases in which a Formal Complaint is filed alleging Title IX Allegations, at any time prior to reaching a determination regarding responsibility, the Office of Student Conduct may facilitate an informal resolution process that does not involve a full investigation and adjudication. To facilitate an informal resolution, the Office of Student Conduct will (i) provide to the parties a written notice disclosing the allegations and 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, and (ii) obtain the parties' voluntary, written consent to the informal resolution process. At any time prior to agreeing to a resolution, any party has the right to withdraw from the informal resolution process and resume the student conduct process with respect to the Formal Complaint.

(5) Behavioral Agreement. In cases involving allegations of the Respondent engaging in behavior in the classroom or other areas of campus in violation of the Code, the Office of Student Conduct may request that the Respondent enter into a Behavioral Agreement to remediate and/or prevent recurrence of the alleged behavior. Under a Behavioral Agreement, the Respondent is allowed to continue participating in University programs and services with limited restrictions and/or conditions as provided under the agreement. Any violation of a Behavioral Agreement will be considered a violation of the Code and may result in disciplinary sanctions against the Respondent.

History

• Authority: T.C.A. §§ 4-5-101, et seq., 49-7-1704, and 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 rule filed September 15, 1976; effective October 15, 1976. Repealed by Public Chapter 575; effective July 1, 1986. New rule filed May 27, 1986; effective August 12, 1986. Amendment filed June 22, 2006; effective October 27, 2006. Repeal and new rule filed April 17, 2012; effective September 28, 2012. Emergency rule filed August 27, 2015; effective February 23, 2016. Amendment filed September 14, 2015; effective December 13, 2015. Emergency rules filed June 29, 2018; effective through December 26, 2018. Amendment filed June 29, 2018; effective September 27, 2018. Repeal and new rule filed September 30, 2019; effective December 29, 2019. Emergency rules filed August 13, 2020; effective through February 9, 2021. Emergency rules expired effective February 10, 2021, and the rules reverted to their previous statuses. Amendments filed December 17, 2020; effective March 17, 2021.

Tenn. Comp. R. & Regs. 1720-02-05-.08 HEARING OFFICER HEARINGS

(1) Hearing Officer. A Hearing Officer Hearing is held before and conducted by a Hearing Officer.

The Hearing Officer serves as the decision-maker in determining whether the Respondent is responsible for the charged Code violation(s) and the disciplinary sanction(s), if any, to be imposed. A Hearing Officer is a University employee selected by the Office of Student Conduct. Hearing Officers are trained by the Office of Student Conduct to conduct Hearing Officer Hearings in accordance with the Code.

(2) Fairness & Impartiality. The Hearing Officer will be fair and impartial, and any party to a Hearing Officer Hearing has the right to challenge the fairness or impartiality of the Hearing Officer. Any Hearing Officer lacking fairness or impartiality will recuse himself or herself or may, for good cause and at the discretion of the Vice Chancellor for Student Affairs (or his or her designee), be removed from serving as Hearing Officer for the hearing.

(3) Notice. If the Respondent timely requests a Hearing Officer Hearing in accordance with

Section .07(1)(b) of this Chapter, the Hearing Officer will send the Respondent (and the Complainant, where provided by law or University rules or policy) notice of the time, place, and date of the hearing at least five (5) business days in advance of the date of the hearing.

Notwithstanding any provisions in the Code to the contrary, including this Section .08(3), and except in cases involving a Complainant, if the Respondent requests at the Preliminary Meeting to hold a Hearing Officer Hearing immediately following the Preliminary Meeting, the Hearing Officer may agree to hold the hearing as requested. In such case, a Notice of Charges and a notice of hearing will not be provided to the Respondent.

(4) Hearing Procedure. A Hearing Officer will conduct a Hearing Officer Hearing in accordance with the following general procedures and rules:

(a) The hearing will be closed to the public.

(b) The Hearing Officer will determine all procedural questions.

(c) The Respondent (and the Complainant in certain cases, as provided by law or University rules or policy) will be considered a party to the proceeding.

(d) Each party (and their respective advisors, if any) will be allowed to attend the portion of the hearing during which questioning is conducted and information is received by the Hearing Officer.

(e) Each party will be afforded a full and fair opportunity to present all evidence, including witness testimony, that reasonably relates to the charge or action at issue.

(f) The Hearing Officer may limit the presentation of evidence which is irrelevant or unreasonably repetitious or voluminous.

(g) The Hearing Officer will consider all evidence presented and give due consideration to the credibility or weight of the information presented. Technical rules of evidence, such as evidentiary rules applicable to civil or criminal court proceedings, will not apply.

(h) The Hearing Officer will apply the preponderance of the evidence standard in determining whether or not the Respondent is responsible for the charged Code violation(s).

(i) An appropriate record of the hearing proceedings will be made. An audio or video record may be made of the hearing. Defects in the record will not invalidate the proceedings.

(j) Following the conclusion of the hearing, the Hearing Officer will provide each party with a Notice of Decision setting forth the Hearing Officer's decision on responsibility and, if applicable, the disciplinary sanctions to be issued against the Respondent and their effective date.

(5) Multiple Respondents. In cases involving more than one (1) Respondent, the Hearing Officer has the discretion to hold one (1) hearing for all of the Respondents or separate hearings for each Respondent. Any Respondent may, prior to the hearing, request that his or her hearing be conducted separately from the other Respondent(s). Such a request must be made in writing to the Hearing Officer using the form(s) provided by the University. The Hearing Officer will decide whether or not to grant such a request, and the Hearing Officer's decision will be final.

(6) Failure to Appear. If proper notice of the Hearing Officer Hearing is provided to the Respondent in accordance with Section .08(3) of this Chapter but the Respondent fails to appear at the hearing, the Respondent waives the right to contest the charge(s), and the Office of Student Conduct may issue a Notice of Decision to the Respondent in accordance with Section .13(3) of this Chapter. Notwithstanding the provisions of this Section .08(6), the Office of Student Conduct may decline to issue a Notice of Decision and permit the Respondent to contest the charge(s) through a Hearing Officer Hearing upon a showing of good cause by the Respondent for his or her failure to appear.

(7) Prohibition of Complainant's Participation. Notwithstanding any provisions of the Code to the contrary, including, without limitation, in this Section .08, a Complainant or other student not designated as a Respondent will not have the right to attend or participate in a Hearing Officer Hearing or otherwise receive information concerning the hearing if such attendance, participation, or receipt of information would violate federal or state law.

(8) Appeal. The decision of the Hearing Officer may be appealed to the Vice Chancellor for Student Affairs in accordance with Section .12 of this Chapter.

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 rule filed September 15, 1976; effective October 15, 1976. Repealed by Public Chapter 575; effective July 1, 1986. New rule filed May 27, 1986; effective August 12, 1986. Amendment filed June 22, 2006; effective October 27, 2006. Repeal and new rule filed April 17, 2012; effective September 28, 2012. Repeal and new rule filed September 30, 2019; effective December 29, 2019. Emergency rules filed August 13, 2020; effective through February 9, 2021. Emergency rules expired effective February 10, 2021, and the rules reverted to their previous statuses. Amendments filed December 17, 2020; effective March 17, 2021.

Tenn. Comp. R. & Regs. 1720-02-05-.09 STUDENT CONDUCT BOARD HEARINGS

(1) Student Conduct Board Hearing and Chairperson.

(a) A Student Conduct Board Hearing is held before a Student Conduct Board and chaired by a Student Conduct Board Chairperson. The Student Conduct Board serves as the decision-maker in determining whether the Respondent is responsible for the charged Code violation(s) and the disciplinary sanction(s), if any, to be imposed.

(b) The Student Conduct Chairperson is appointed by the Office of the Dean of Students (or designee) to preside over and facilitate a Student Conduct Board Hearing to ensure that the hearing is conducted in accordance with the Code. Except as provided under

Section .09(7)(j) of this Chapter, the Student Conduct Board Chairperson will not vote on the issues to be decided by the Student Conduct Board. The Student Conduct Board Chairperson will be a University employee trained by the Office of Student Conduct on the procedures for conducting a Student Conduct Board Hearing in accordance with the Code.

(2) Student Conduct Board. The Student Conduct Board is a panel of appointed students, faculty, and staff, that serves as the decision-maker for the hearing.

(a) For each Student Conduct Board Hearing, the Office of the Dean of Students (or designee) will appoint members to serve on the Student Conduct Board from an annually-selected pool of qualified students, faculty members, and staff employees. In order to be qualified for the pool, a student, faculty member, or staff employee must be in good standing with the University. All persons appointed to serve on the board will be trained by the Office of Student Conduct (or other University officials) on their duties and responsibilities as board members under the Code.

(b) The Student Conduct Board empaneled ad hoc for each hearing from the pool described under Section .09(2)(a) of this Chapter will consist of one (1) Student Conduct Board Chairperson and six (6) voting members, with at least one (1) voting student and one (1) voting faculty member or staff employee, unless otherwise provided under Section .09(2)(b)1. and Section .09(2)(b)2. of this Chapter.

1. A hearing may be held before a Student Conduct Board consisting of less than six (6) voting members with the consent of the Respondent (and the Complainant in certain cases as provided by law or University rules or policy).

2. In cases involving charges of violations of Standard of Conduct 7 under Section .04(7) of this Chapter which do not involve Title IX Allegations, the Office of the Dean of Students (or designee) will not appoint students to serve on the Student Conduct Board unless both the Complainant and Respondent consent to having students appointed to serve on the Student Conduct Board Hearing for their case.

(3) Fairness & Impartiality. The Student Conduct Board members, including the Student Conduct Board Chairperson, will be fair and impartial. Any party to a Student Conduct Board Hearing will have the right to challenge the fairness or impartiality of the Student Conduct Board Chairperson or any voting member of the Student Conduct Board. Any voting member of the Student Conduct Board lacking fairness or impartiality will recuse himself or herself, or for good cause and at the Student Conduct Board Chairperson's discretion, be removed from the board. Any Student Conduct Board Chairperson lacking fairness or impartiality will recuse himself or herself, or for good cause and at the discretion of the Vice Chancellor of Student Affairs (or his or her designee), be removed from presiding over the hearing.

(4) Notice. If the Respondent timely requests a Student Conduct Board Hearing in accordance with Section .07(1)(b) of this Chapter, the Office of Student Conduct will provide the Respondent (and the Complainant in certain cases, where provided by law or University rules or policy) with notice of the time, place, and date of the hearing at least five (5) business days in advance of the date of the hearing.

(a) In cases involving charges of violations of Standard of Conduct 7 under Section .04(7) which do not involve Title IX Allegations, at least five (5) business days in advance of the date of the hearing, the Office of Student Conduct will provide the Respondent with notice of the following additional information:

1. The name of each witness the University expects to present at the hearing or may present if the need arises;

2. The Respondent's right to request a copy of the Office of Student Conduct'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 3. The Respondent's 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.

(5) Pre-Hearing Submissions from Parties. At least five (5) business days in advance of the date of the hearing, the Respondent (and the Complainant, where provided by law or University rules or policy), must provide the following information to the Office of Student Conduct:

(a) The names of all witnesses the party plans to present to the Student Conduct Board and a brief summary of the information that the party reasonably anticipates each witness to provide.

(b) A copy of all tangible or electronic information that the party plans to present to the Student Conduct Board (including, but not limited to, witness statements, video or audio recordings, photographs, e-mails, text messages, telephone records, medical bills, demonstrative exhibits, etc.). The party is not required to provide actual items of physical evidence (including, but not limited to, a weapon or article of clothing), but instead may provide photographs of such items.

(c) A copy of a written statement, if any, that the party wants the Student Conduct Board to consider. A 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 mitigate the alleged Code violation(s) or proposed disciplinary sanction(s).

(6) Pre-Hearing Review of Information. After notice of the Student Conduct Board Hearing is provided to the Respondent (and the Complainant, where provided by law or University rules or policy) in accordance with Section .09(4) of this Chapter, the Office of Student Conduct will make available to each party the materials submitted by each party and the University upon the request of a party. Notwithstanding any provision to the contrary in this Section .09(6), no less than one (1) business day prior to the hearing, the Office of Student Conduct will make the materials submitted by each party and the University available for review by each party and their respective advisors, the Student Conduct Board Chairperson, and the voting members of the Student Conduct Board. The Office of Student Conduct will notify each party, the Student Conduct Board Chairperson, and the voting members of the Student Conduct Board when the materials are ready for review in the Office of Student Conduct or when the materials will be sent to them electronically. The Office of Student Conduct may redact irrelevant and/or protected information from any materials made available for review.

(7) Hearing Procedure. The Student Conduct Board Chairperson will conduct a Student Conduct Board Hearing in accordance with the following general procedures and rules:

(a) The hearing will be closed to the public.

(b) The Student Conduct Board Chairperson will determine all procedural questions. The Student Conduct Board Chairperson may be assisted by a procedural advisor appointed by the Office of Student Conduct.

(c) The Respondent (and the Complainant in certain cases, where provided by law or University rules or policy) will be considered a party to the proceeding.

(d) Each party and their respective advisors will be allowed to attend the portion of the hearing during which questioning is conducted and information is received from the parties or the University. The parties (and their advisors) will not be allowed to attend the portion of the hearing during which deliberations by the Student Conduct Board occur.

(e) Each party will be afforded a full and fair opportunity to present an opening statement, any evidence, including witness testimony, that reasonably relates to the charge or action at issue, and a closing statement.

(f) The Student Conduct Board Chairperson may bar or limit the presentation of evidence which is not provided to the Office of Student Conduct in advance of the hearing in accordance with Section .09(5) of this Chapter, or which (i) is irrelevant, (ii) unreasonably repetitious or voluminous; or (iii) protected from disclosure under federal, state, or local law.

(g) The Student Conduct Board will consider all evidence presented and give due consideration to the credibility or weight of the information presented. Technical rules of evidence, such as evidentiary rules applicable to civil or criminal court proceedings, will not apply.

(h) The Student Conduct Board will apply the preponderance of the evidence standard in determining whether or not the Respondent is responsible for the charged Code violation(s).

(i) An appropriate record of the hearing proceedings will be made. An audio or video record will be made of the hearing, except for the portion of the hearing in which the Student Conduct Board deliberates and votes on its decision. Defects in the record will not invalidate the proceedings.

(j) After all information for consideration has been presented to the Student Conduct Board, the parties (and their advisors, if any) will be excused, and the members of the Student Conduct Board will deliberate and vote on the following issues: (i) whether the Respondent is responsible for the charged Code violation(s) and (ii) the disciplinary sanctions, if any, to be issued. The decision of the board on each issue will be made by simple majority of the voting members' votes. In the event of a tie-vote among the voting members, the Student Conduct Board Chairperson will cast the tie -breaking vote.

(k) At the conclusion of the hearing, the Student Conduct Board Chairperson will provide each party with a Notice of Decision setting forth the Student Conduct Board's decision on responsibility and, if applicable, the disciplinary sanctions to be issued against the Respondent and their effective date.

(8) Multiple Respondents. In cases involving more than one (1) Respondent, the Student Conduct Board Chairperson has the discretion to hold one (1) hearing for all of the Respondents or separate hearings for each Respondent. Any Respondent may, prior to the hearing, request that his or her hearing be conducted separately from the other Respondents' hearings. Such a request must be made in writing to the Student Conduct Board Chairperson using the form(s) provided by the University. The Student Conduct Board Chairperson will decide whether or not to grant such a request, and the Student Conduct Board Chairperson's decision will be final.

(9) Failure to Appear. If proper notice of the Student Conduct Board Hearing is provided to the Respondent in accordance with Section .09(4) of this Chapter but the Respondent fails to appear at the hearing, the Respondent waives the right to contest the charge(s), and the Office of Student Conduct may issue a Notice of Decision to the Respondent in accordance with Section .13(3) of this Chapter. Notwithstanding the foregoing provisions of this Section .09(9), the Office of Student Conduct may decline to issue a Notice of Decision and permit the Respondent to contest the charge(s) through a Student Conduct Board Hearing upon a showing of good cause by the Respondent for his or her failure to appear.

(10) Prohibition of Complainant's Participation. Notwithstanding any provisions of the Code to the contrary, including, without limitation, any provisions in this Section .09, a Complainant or other student not designated as a Respondent will not have the right to attend or participate in a Student Conduct Board Hearing or otherwise receive information concerning the hearing if such attendance, participation, or receipt of information would violate federal or state law.

(11) Appeal. The decision of the Student Conduct Board may be appealed to the Vice Chancellor for Student Affairs in accordance with Section .12 of this Chapter.

History

• Authority: T.C.A. §§ 49-7-1703, 49-7-1704, and 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 rule filed May 27, 1986; effective August 12, 1986. Amendment filed June 22, 2006; effective October 27, 2006. Repeal and new rule filed April 17, 2012; effective September 28, 2012. Repeal and new rule filed September 30, 2019; effective December 29, 2019. Emergency rules filed August 13, 2020; effective through February 9, 2021. Emergency rules expired effective February 10, 2021, and the rules reverted to their previous statuses. Amendments filed December 17, 2020; effective March 17, 2021.

Tenn. Comp. R. & Regs. 1720-02-05-.10 TITLE IX HEARINGS

(1) The Title IX Hearing. Any case involving Title IX Allegations will be resolved through a Title IX Hearing. The Title IX Hearing must be conducted in accordance with 34 C.F.R. 106.45.

(2) The Title IX Hearing Officer. The Vice Chancellor for Student Affairs will appoint a qualified Title IX Hearing Officer to conduct the Title IX Hearing and will notify the parties and their advisors, if any, of the appointment. The Title IX Hearing Officer may be a University employee, a team of University employees, an external person engaged to conduct the Title IX Hearing, or a team of external people engaged to conduct the Title IX Hearing. A party may object to the appointment of any Title IX Hearing Officer, in writing to the Office of Student Conduct. Any objection must be received within three (3) business days of the notice of appointment, and it must state the party’s grounds for objecting. The Vice Chancellor for Student Affairs will decide whether an objection is justified, and that decision is final. If a Title IX Hearing Officer is removed based on an objection, the Vice Chancellor for Student Affairs will appoint a qualified Title IX Hearing Officer to conduct the Title IX Hearing.

(3) Notice of Title IX Hearing.

(a) When a Notice of Title IX Hearing is Sent. The Office of Student Conduct will send the Respondent and the Complainant a Notice of Title IX Hearing at least ten (10) business days in advance of the date of the hearing.

(b) Information in the Notice of Title IX Hearing. The Notice of Title IX Hearing will contain, or be accompanied by, the following information: (i) the date, time, and place of the Title IX Hearing; (ii) notice of 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 University must provide an advisor of the University’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; (iii) notice that any cross-examination of any other party or witness must be conducted by the advisor, and never by a party personally; and (iv) notice that all of the evidence obtained as part of the investigation that is directly related to the allegations raised in the Formal Complaint will be available to the parties at the hearing. Other pre-hearing information may also be included in the Notice of Title IX Hearing. Any Title IX Hearing may be rescheduled by the Title IX Hearing Officer or upon request of any party and for good cause shown.

(c) More than One Respondent. In cases involving more than one (1) Respondent, Title IX Hearings concerning each Respondent’s conduct may be conducted separately upon written request of a party submitted at least seven (7) business days in advance of the hearing. The Office of Student Conduct has the discretion to make the final determination of whether to grant such a request and will notify the parties of the decision.

(d) Consequences of Failing to Attend a Title IX Hearing. If a party fails to attend a Title IX Hearing, the Title IX Hearing Officer may proceed with the Title IX Hearing without that party’s participation.

(4) General Rules Governing Title IX Hearings.

(a) The Title IX Hearing will take place no sooner than ten (10) business days after the parties’ receipt of the written investigative report.

(b) The Title IX Hearing Officer may conduct pre-hearing meetings or conferences with the parties and their advisors, if any, to discuss any pre-hearing issues, including but not limited to, the date of the hearing; the location of the hearing; any technology to be used at the hearing; the general rules governing the hearing, including any rules of decorum; the identification of witnesses; and the availability of evidence at the hearing.

(c) Each party must notify the Title IX Hearing Officer at least five (5) business days before the hearing of the identity of the party’s advisor, if any, or that the party does not have an advisor so that the University can provide an advisor.

(d) At the request of either party, the Office of Student Conduct will provide for the hearing to occur with the parties located in separate rooms with technology enabling the Title IX Hearing Officer and parties to simultaneously see and hear the party or the witness(es) answering questions.

(e) Upon request of a party and for good cause shown, the Title IX Hearing Officer may permit the participation of witnesses at the Title IX Hearing who were not identified by the party to the investigator, or the inclusion of evidence at the Title IX Hearing that was not provided by the party to the investigator.

(5) Procedural Rules for Title IX Hearings.

(a) Authority of the Title IX Hearing Officer. The Title IX Hearing Officer has the authority to maintain order and make all decisions necessary for the fair, orderly, and expeditious conduct of the Title IX Hearing. The Title IX Hearing Officer shall be the final decisionmaker concerning what, how, and in what order witnesses are questioned and evidence is examined.

(b) Exclusion of Information.

1. 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.

2. The University cannot 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 which are made and maintained in connection with the provision of treatment to the party, unless the University obtains that party’s voluntary, written consent to do so.

3. The University cannot 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.

(c) Preliminary Matters. The Title IX Hearing Officer shall begin the hearing by explaining the substance of the allegations and the specific University rule or policy allegedly violated.

(d) Attendance and Participation. Attendance during a Title IX Hearing generally is limited to the Title IX Hearing Officer, a representative from the Office of Student Conduct, the Complainant and the Complainant's advisor, the Respondent and the Respondent's advisor, and witnesses. Witnesses may attend the Title IX Hearing only while they are presenting information to the Title IX Hearing Officer, unless the witness is the Complainant or the Respondent. The Title IX Hearing Officer and the Office of Student Conduct have the discretion to allow other persons to attend the Title IX Hearing, in accordance with state and federal law.

(e) Opening Statements. The Complainant and then the Respondent may make a brief opening statement of no longer than ten (10) minutes to the Title IX Hearing Officer, and they may provide a written copy of their opening statements to the Title IX Hearing Officer at the hearing. The Title IX Hearing Officer will provide a copy of any written opening statement received to the other party.

(f) Questioning the Witnesses. Following any opening statements, the Title IX Hearing Officer will question the Complainant, the Respondent, and any witnesses requested by the parties or deemed to have relevant information by the Title IX Hearing Officer.

The Title IX 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 must be conducted directly, orally, and in real time by the party’s advisor of choice and never by a party personally. Only relevant cross-examination and other questions may be asked of a party or witness.

Before the Complainant, the Respondent, or any witness answers a cross-examination or other question, the Title IX Hearing Officer must first determine whether the question is relevant and explain any decision to exclude a question as not relevant. If a party or witness does not submit to cross-examination at the hearing, the Title IX Hearing Officer must not rely on any statement of that party or witness in reaching a determination regarding responsibility; provided, however, that the Title IX Hearing Officer cannot draw an inference about the determination regarding responsibility based solely on a party’s or witness’s absence from the hearing or refusal to answer cross-examination or other questions. Notwithstanding any provisions in this Section .10(5)(f) to the contrary, alleged verbal conduct by a Respondent that constitutes any

part of the alleged Sexual Harassment at issue in the case may be considered by the Title IX Officer in reaching a determination regarding responsibility even if the Respondent does not submit to cross-examination during the Title IX Hearing.

(g) Closing Statements. At the close of the Title IX Hearing, the Title IX Hearing Officer may allow the Complainant and the Respondent equal opportunities to make closing statements summarizing the information presented to the Title IX Hearing Officer and/or advocating the decision that the Title IX Hearing Officer should reach.

(6) Recording of the Title IX Hearing. The University will create an audio or audiovisual recording or transcript of the hearing and make it available to the parties for inspection and review.

(7) Notice of Decision. Within fifteen (15) business days of the hearing, the Title IX Hearing Officer must issue a written determination regarding responsibility (“Notice of Decision”). The Notice of Decision must include (i) identification of the allegations potentially constituting Sexual Harassment; (ii) 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; (iii) findings of fact supporting the determination; (iv) conclusions regarding the application of the Code to the facts; (v) a statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any disciplinary sanctions imposed on the Respondent, and whether remedies designed to restore or preserve equal access to the University’s education program or activity will be provided by the University to the Complainant; and (vi) the procedures and permissible bases for the Complainant and Respondent to appeal. If the Respondent is determined responsible, the Title IX Hearing Officer may consider relevant information provided at the hearing by the Complainant, the Respondent, or any other witness, in deciding the appropriate sanctions for the Respondent's misconduct. The Title IX Hearing Officer shall transmit a copy of the Notice of Decision to the Office of Student Conduct. The Office of Student Conduct shall notify the Respondent, the Complainant, and their advisors about the written determination and provide a copy of it simultaneously to the parties and their advisors.

(8) Appeal. The decision of the Title IX Hearing Officer may be appealed to the Vice Chancellor for Student Affairs in accordance with Section .13 of this Chapter.

History

• Authority: T.C.A. § 49-9-209(e).
• Administrative History: Emergency rules filed August 13, 2020; effective through February 9, 2021. Emergency rules expired effective February 10, 2021, and the rules reverted to their previous statuses. New rule filed December 17, 2020; effective March 17, 2021.

Tenn. Comp. R. & Regs. 1720-02-05-.11 DISCIPLINARY SANCTIONS

(1) Disciplinary sanctions are primarily intended to: (i) educate Respondents about appropriate behavior; (ii) encourage Respondents to take responsibility for Code violation(s); (iii) encourage and promote the personal and professional development of Respondents; (iv) discourage other students from violating the Code; and/or (v) protect members of the University community.

(2) The disciplinary sanctions imposed on a Respondent should be appropriate for the particular case based on the gravity of the Code violation, including, without limitation, how the violation affected or reasonably could have affected other members of the University community.

Consideration also may be given to other aggravating or mitigating factors, including, without limitation: (i) the Respondent's student conduct record; (ii) whether the Respondent committed the violation while acting in self-defense; (iii) the Respondent's responsiveness to the student conduct process; and (iv) the Respondent's academic classification.

(3) The following disciplinary sanctions may be imposed on a student (excluding student organizations) found to have violated the Code:

(a) Disciplinary Reprimand. A disciplinary reprimand is a written warning that informs a Respondent that the Respondent is violating or has violated the Code and must cease and desist from engaging in the misconduct and/or prevent the misconduct from occurring again. A disciplinary reprimand will also inform the Respondent that any further violations of the Code may result in the imposition of more severe sanctions.

(b) Loss or Restriction of Privileges. The University may impose a loss and/or restriction of privileges on a Respondent. Privileges that may be lost and/or restricted include, without limitation, the following: (i) scholarships; (ii) stipends; (iii) participation in cocurricular and/or extracurricular activities; and (iv) use and/or access to certain University-controlled property. A loss and/or restriction of privileges may be imposed for a definite or indefinite period of time.

(c) Community Service. A Respondent may be required to perform unpaid service for a designated University department, program, or service and/or a University-affiliated or unaffiliated not-for-profit or volunteer organization.

(d) Educational Sanction. A Respondent may be required to complete an educational assignment or program. Educational assignments and programs are designed to educate the Respondent about why certain conduct is inappropriate. Examples of educational assignments include, without limitation: (i) writing a reflection and/or research paper on a designated topic; (ii) completing a research project on a designated topic; (iii) giving a presentation on a designated topic; and (iv) issuing a formal apology in writing and/or in person. An educational program may include, without limitation, attending and satisfactorily completing an in-person or distance learning course, training, or workshop on alcohol or drug use, civility, ethics, or other topics deemed appropriate by the Office of Student Conduct. The Respondent will be responsible for all costs associated with the educational assignment or program.

(e) Fee or Fine. The University may impose a monetary fee or fine for any cost incurred by the University as a result of the Respondent's conduct and may require that the Respondent pay the fee or fine by a designated due date.

(f) Restitution. The University may require a Respondent to make restitution to another person or organization or the University for destruction, damage, or loss of property caused by the Respondent, or for unreimbursed medical expenses resulting from physical injury of another person caused by the Respondent. Restitution may take the form of a monetary payment or appropriate service to repair or otherwise compensate for the destruction, damage, or loss caused by the Respondent.

(g) Reassignment or Removal from University Housing. The University may reassign a Respondent to a different University housing facility or remove and prohibit a Respondent from residing in any University housing facility for a definite or indefinite period of time.

(h) Disciplinary Probation. A Respondent may be placed on disciplinary probation for serious or moderate Code violations or in the case of multiple or repeated minor Code violations. A Respondent may be placed on disciplinary probation for a definite or indefinite period of time, during which time the Respondent may continue to be enrolled at the University. While the Respondent is on disciplinary probation, conditions may be placed on the Respondent's continued enrollment at the University, and University departments, programs, and/or services may limit or prohibit participation in certain activities. If a Respondent commits any further Code violations while on disciplinary probation, the Respondent may be subject to more severe sanctions up to and including permanent dismissal.

(i) Suspension. Suspension is an official separation from the University for a specific period of time and/or until certain conditions are met. A Respondent may be suspended from the University for serious Code violations, in the case of multiple or repeated moderate or minor Code violations, and/or for any Code violations while on disciplinary probation. While on suspension, a Respondent (i) loses all rights and privileges at the University; (ii) may not represent the University in any manner; and (iii) is ineligible to apply for readmission to the University during the suspension period and/or until certain conditions are met. If a Respondent is suspended, the Respondent is prohibited, without the prior approval of the Vice Chancellor for Student Affairs (or his or her designee), from entering upon all University-controlled property, including University residence halls, from the date that the suspension period begins until such date that the Respondent is readmitted to the University (even if the suspension period ends prior to the date of the Respondent's readmission). Entering upon University-controlled property without prior approval from the Vice Chancellor for Student Affairs (or his or her designee) may result in criminal trespass charges against the Respondent under the criminal laws of the State of Tennessee. Respondents permitted to return to the University following a period of suspension will be automatically placed on disciplinary probation for a designated period of time following their return. A Respondent who commits any Code violations while on suspension may be subject to suspension for an additional period of time or barred from readmission and/or re-enrollment at the University.

(j) Permanent Dismissal. Permanent dismissal is an official and permanent separation from the University. A Respondent may be permanently dismissed from the University when the Respondent's commission of one (1) or more Code violations is deemed so serious as to warrant total and permanent disassociation from the University or when, through repeated violations of the Code and/or violations of the Code while on disciplinary probation or suspension, the Respondent exhibits blatant disregard for (i) the health, safety, and welfare of himself or herself or other members of the University community or (ii) the University's right to establish rules of conduct. A Respondent who is permanently dismissed from the University: (i) loses all rights and privileges at the University; (ii) may not represent the University in any manner; (iii) is indefinitely prohibited, without prior approval of the Vice Chancellor for Student Affairs (or his or her designee) from entering upon all University-controlled property, including University residence halls; and (iv) is permanently barred from re-enrolling at the University.

Entering upon University-controlled property without prior approval from the Vice Chancellor for Student Affairs (or his or her designee) may result in criminal trespass charges against the Respondent under the criminal laws of the State of Tennessee.

(k) Revocation of Admission. The University may revoke a Respondent's admission to the University after the Respondent's admission to the University but prior to Respondent's enrollment at the University, if the Respondent (i) provides false or incomplete information on Respondent's application for admission; or (ii) violates federal, state, or local law or the Code prior to enrollment. A Respondent whose admission has been revoked: (i) loses all rights and privileges at the University; (ii) may not represent the University in any manner; and (iii) is indefinitely prohibited from entering upon all University-controlled property, including residence halls, without prior approval of the Vice Chancellor for Student Affairs (or his or her designee). Entering upon Universitycontrolled property without prior approval from the Vice Chancellor for Student Affairs may result in criminal trespass charges against the Respondent under the criminal laws of the State of Tennessee.

(l) Withholding of Degree. The University may withhold awarding a degree to a Respondent who has violated any University rule or policy. The University may withhold a degree for a definite period of time and/or until the Respondent has completed or served all sanctions or other requirements imposed by the University for releasing its award of the degree.

(m) Revocation of Degree. The University make revoke a degree awarded to a Respondent if the Respondent obtained the degree, in part, through cheating, plagiarism, academic dishonesty, research misconduct, or other serious violation of the Code. The University may also revoke a Respondent's degree if, after the degree was awarded, the University determines that the Respondent committed a serious violation of the Code while a student, but prior to being awarded the degree, that would have warranted permanent dismissal of the Respondent. Before a Respondent's degree may be revoked, the Chancellor must approve the revocation of the degree.

(4) The following disciplinary sanctions may be imposed on a student organization found to have violated the Code:

(a) Disciplinary Reprimand. A disciplinary reprimand is a written warning that informs a Respondent that the Respondent is violating or has violated the Code and must cease and desist from engaging in the misconduct and/or prevent the misconduct from occurring again. A disciplinary reprimand will also inform the Respondent that any further violations of the Code may result in the imposition of more severe sanctions.

(b) Loss or Restriction of Privileges. The University may impose a loss or restriction of privileges on a Respondent. Privileges that may be lost or restricted include, without limitation, the fol lowing: (i) participation in extracurricular activities (e.g., intramurals);

(ii) housing privileges; (iii) participation in or sponsorship of social activities; and (iv) use and/or access to certain University-controlled property. A loss or restriction of privileges may be imposed for a definite or indefinite period of time.

(c) Fee or Fine. The University may impose a monetary fee or fine for any cost incurred by the University as a result of the Respondent's conduct and may require that the Respondent pay the fee or fine by a designated due date.

(d) Restitution. The University may require a Respondent to make restitution to another person or organization or the University for destruction, damage, or loss of property caused by the Respondent, or for unreimbursed medical expenses resulting from physical injury of another person caused by the Respondent. Restitution may take the form of a monetary payment or appropriate service to repair or otherwise compensate for the destruction, damage, or loss caused by the Respondent.

(e) Community Service. Members of the Respondent may be required to perform unpaid service for a designated University department, program, or service and/or a University- affiliated or unaffiliated not-for-profit or volunteer organization.

(f) Educational Sanction. Members of the Respondent may be required to complete an educational program. Educational programs are designed to educate the Respondent's members about why certain conduct is inappropriate. An educational program may include, without limitation, attending and satisfactorily completing an in-person or distance learning course, training, or workshop on alcohol or drug use, civility, ethics, or other topics as deemed appropriate by the Office of Student Conduct. The Respondent will be responsible for all costs associated with the educational program.

(g) Disciplinary Probation. A Respondent may be placed on disciplinary probation for serious or moderate Code violations or in the case of multiple or repeated minor Code violations. A Respondent may be placed on disciplinary probation for a definite or indefinite period of time, during which time the Respondent may continue to operate at the University. While the Respondent is on disciplinary probation, conditions may be placed on the Respondent's continued operation, and University departments, programs, and/or services may limit or prohibit Respondent's participation in certain activities. If a Respondent commits any further Code violations while on disciplinary probation, the Respondent may be subject to more severe sanctions up to and including suspension or revocation of University registration.

(h) Suspension. Suspension is an official separation from the University for a definite period of time and/or until certain conditions are met. A Respondent may be suspended from the University for serious Code violations, in the case of multiple or repeated moderate or minor Code violations, and/or for any Code violations while on disciplinary probation. While on suspension, a Respondent (i) may not operate at the University; (ii) may not represent the University in any manner; (iii) and is ineligible to resume operations at the University during the suspension period and/or until certain conditions are met. The Vice Chancellor for Student Affairs will determine whether the Respondent has fulfilled the required conditions for resuming operations at the University. Respondents permitted to resume operating at the University following a period of suspension will be automatically placed on disciplinary probation for a designated period of time following the suspension term. A Respondent who commits any Code violations while on suspension may be subject to suspension for an additional period of time or revocation of its registration with the University.

(i) Revocation of University Registration. In cases of a serious Code violation by a Respondent or a Respondent's violation of the Code while on disciplinary probation or suspension, the University may revoke the Respondent's registration with the University and cease to recognize the Respondent as a University-sanctioned student organization for a definite or indefinite period of time. If a Respondent's registration is revoked, the Respondent is barred from operating at the University.

(5) More than one (1) of the disciplinary sanctions provided in this Section .11 may be imposed on a Respondent for any single violation of the Code.

(6) Disciplinary sanctions may be applied retroactively to the date of the Code violation(s) committed by the Respondent.

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 rule filed May 27, 1986; effective August 12, 1986. Amendment filed June 22, 2006; effective October 27, 2006. Repeal and new rule filed April 17, 2012; effective September 28, 2012. Repeal and new rule filed September 30, 2019; effective December 29, 2019. Rule was previously numbered 1720-02-05-.10 but was renumbered 1720- 02-05-.11 with the introduction of emergency rule 1720-02-05-.10 filed August 13, 2020; effective through February 9, 2021. Emergency rules filed August 13, 2020; effective through February 9, 2021. Emergency rules expired February 10, 2021, and the rules reverted to their previous statuses and numbering. Rule was previously numbered 1720-02-05-.10 but was renumbered 1720-02-05-.11 with the introduction of new rule 1720-02-05-.10 filed December 17, 2020; effective March 17, 2021. Amendments filed December 17, 2020; effective March 17, 2021.

Tenn. Comp. R. & Regs. 1720-02-05-.12 APPEALS

(1) Appeal of Decisions of Hearing Officers and Student Conduct Boards.

(a) Appeal Period. Except as provided in Section .13(3) of this Chapter, the decision of a Hearing Officer or Student Conduct Board may be appealed to the Vice Chancellor for Student Affairs by submitting a Notice of Appeal to the Office of Student Conduct in accordance with Section .12(1)(b) of this Chapter within five (5) business days of the effective date of the Notice of Decision to the appealing party. A Notice of Appeal not submitted within five (5) business days of the effective date of the Notice of Decision to the appealing party will not be considered.

(b) Notice of Appeal. A Notice of Appeal must state: (i) the name of the party appealing the decision; and (ii) the specific grounds for the appeal. Appeals not based on one (1) or more of the grounds provided under Section .12(1)(c) will not be considered.

(c) Grounds for Appeal. Appeals are limited to the following grounds:

1. The party's rights were violated in the hearing process;

2. New relevant and material information has become available that could not have been discovered at the time of the hearing;

3. The information presented did not support the decision by a preponderance of the evidence standard; or 4. The sanction(s) imposed were not appropriate for the violation.

(d) Response to Appeal by Non-Appealing Party. Upon receipt of a timely-submitted Notice of Appeal, the Office of Student Conduct will provide a copy of the Notice of Appeal to the non-appealing party, if applicable. The non-appealing party may respond to the appeal by submitting a written response to the Office of Student Conduct within three (3) business days of the effective date of the Notice of Appeal to the nonappealing party.

(e) Decision on Appeal.

1. Within ten (10) business days of the Office of Student Conduct's receipt of the Notice of Appeal or the non-appealing party's response to the appeal, whichever occurs later, the Vice Chancellor of Student Affairs (or his or her designee) will provide notice to the parties of his or her decision.

2. The Vice Chancellor for Student Affairs (or his or her designee) may (i) uphold, amend, or overturn the decision of the Hearing Officer or Student Conduct Board; or (ii) return the case to the Hearing Officer or Student Conduct Board for reconsideration.

3. If the Vice Chancellor for Student Affairs decides to uphold, amend, or overturn the decision of the Hearing Officer or Student Conduct Board, the decision of the Vice Chancellor for Student Affairs is final.

4. A decision by the Vice Chancellor for Student Affairs to return the case to the Hearing Officer or Student Conduct Board for reconsideration may not be appealed. Any decision by the Hearing Officer or Student Conduct Board on reconsideration may be appealed in accordance with this Section .12.

(2) Any disciplinary sanction(s) issued by the Hearing Officer or the Student Conduct Board will remain in force throughout the pendency of an appeal, unless the Respondent requests that the disciplinary sanction(s) be stayed pending the Respondent's appeal and such a request is granted by the Hearing Officer or Student Conduct Board, as applicable.

(3) Appeal of Decisions of Title IX Hearing Officers.

(a) Appeal Period. The Complainant and the Respondent may appeal the decisions of the Title IX Hearing Officer to the Vice Chancellor for Student Affairs by submitting a Notice of Appeal to the Office of Student Conduct in accordance with Section .12(3)(b) within five (5) business days of the effective date of the Notice of Decision. The Office of Student Conduct will notify a party in writing when an appeal is received from the other party. A Notice of Appeal not submitted within five (5) business days of the effective date of the Notice of Decision will not be considered.

(b) Notice of Appeal. A Notice of Appeal must state: (i) the name of the party appealing the decision; and (ii) the specific grounds for the appeal. Appeals not based on one (1) or more of the grounds provided under Section .12(3)(c) will not be considered.

(c) 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:

1. A procedural irregularity affected the outcome of the matter.

2. New evidence that was not reasonably available at the time the determination regarding responsibility was made, that could affect the outcome of the matter.

3. The Title IX Coordinator, the investigator(s), or the Title IX 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.

4. The party's rights were violated in the hearing process;

5. The sanction(s) imposed were not appropriate for the violation.

6. The information presented did not support the decision by a preponderance of the evidence standard.

(d) Effective Date of Sanction. The sanction(s) imposed by the Title IX Hearing Officer shall not be effective during the pendency of an appeal.

(e) Appeal Statements. Each party may submit a written statement in support of or challenging the outcome of the Title IX Hearing. The written statement must be received by the Office of Student Conduct within five (5) business days of the date on which the Notice of Appeal was filed, or within five (5) business days of the date on which the non-appealing party received notice that the other party filed a Notice of Appeal.

(f) Decision on Appeal. Within five (5) business days of the receipt of the last timely submitted appeal statement from a party, the Vice Chancellor for Student Affairs will provide notice to the parties of his or her decision. The written notice will describe the result of the appeal and the rationale for the result, which will be provided simultaneously to both parties. The decision of the Vice Chancellor of Student Affairs is final and not subject to further appeal.

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 rule filed May 27, 1986; effective August 12, 1986. Amendment filed March 12, 1987; effective June 29, 1987. Amendment filed June 22, 2006; effective October 27, 2006. Repeal and new rule filed April 17, 2012; effective September 28, 2012. Repeal and new rule filed September 30, 2019; effective December 29, 2019. Rule was previously numbered 1720-02-05-.11 but was renumbered 1720-02-05-.12 with the introduction of emergency rule 1720-02-05-.10 filed August 13, 2020; effective through February 9, 2021. Emergency rules filed August 13, 2020; effective through February 9, 2021. Emergency rules expired February 10, 2021, and the rules reverted to their previous statuses and numbering. Rule was previously numbered

Tenn. Comp. R. & Regs. 1720-02-05-.13 CONCLUSION OF THE STUDENT CONDUCT PROCESS

A case involving alleged violations of the Code by a Respondent may be concluded in one (1) of the following ways:

(1) No-Action Determination. If the Office of Student Conduct determines at any point in the student conduct process that no action will be taken against the Respondent regarding alleged violations of the Code, it will issue a Notice of Decision to the Respondent setting forth the decision.

(a) The Office of Student Conduct, in its discretion, may determine that no action be taken against a Respondent based on, without limitation, the following reasons:

1. A determination that, based on a preponderance of the evidence, Respondent did not engage in the alleged Code violation(s);

2. A determination that it does not have sufficient information or witnesses to move forward in the student conduct process; and/or 3. The Complainant declines to participate in the student conduct process.

(b) After making a no-action determination, the Office of Student Conduct may reinitiate the student conduct process with respect to the alleged Code violations against the Respondent at any time for good cause, including, without limitation, the discovery of new relevant and material information or a decision by the Complainant to participate in the student conduct process.

(2) Behavioral Agreement. A case involving alleged violations of the Code will be concluded when the Respondent signs a behavioral agreement as provided under Section .07(5) of this

Chapter.

(3) Failure to Contest. If the Respondent: (i) fails to request in writing a Formal Hearing to contest the charge(s) as provided under Section .07(1)(c) of this Chapter; (ii) fails to appear at a Hearing Officer Hearing or Student Conduct Board Hearing for which the proper notice was provided to the Respondent in accordance with the Code; or (iii) signs a written waiver of his or her right to contest the Code violation charge(s) through a Formal Hearing, the Office of Student Conduct may issue a Notice of Decision to the Respondent finding the Respondent responsible for the charge(s) and imposing the disciplinary sanctions proposed in the Notice of Charges. A decision issued pursuant to this Section .13(3) is not subject to appeal. The Office of Student Conduct may decline to issue a Notice of Decision upon a showing of good cause by the Respondent for his or her failure to timely request a Formal Hearing or to appear at a properly noticed Hearing Officer Hearing or Student Conduct Board Hearing.

(4) Resolution Agreement. A case will be concluded when a Resolution Agreement resolving the Code violation charge(s) is signed by the Respondent and becomes final and binding in accordance with Section .07(2) of this Chapter.

(5) Alternative Resolution Agreement. A case will be concluded when the allegations or charges of violations of the Code against the Respondent are resolved through an Alternative Resolution Agreement as provided under Section .07(3) of this Chapter.

(6) Informal Resolution. The student conduct process concludes when an Informal Resolution is agreed upon in accordance with Section .07(4) of this Chapter.

(7) Final Decision – Formal Hearing. In a case in which a Formal Hearing is held and the Respondent does not enter into a Resolution Agreement, the case will be concluded when a decision resolving the Code violation charge(s) is issued and is final. A decision is considered final when it is not appealed, is not subject to an appeal, or all appeals have been exhausted.

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 rule filed April 17, 2012; effective September 28, 2012. Repeal and new rule filed September 30, 2019; effective December 29, 2019. Rule was previously numbered 1720-02-05-.12 but was renumbered 1720-02-05-.13 with the introduction of emergency rule 1720-02-05-.10 filed August 13, 2020; effective through February 9, 2021. Emergency rules filed August 13, 2020; effective through February 9, 2021. Emergency rules expired February 10, 2021, and the rules reverted to their previous statuses and numbering. Rule was previously numbered 1720-02-05-.12 but was renumbered 1720-02-05-.13 with the introduction of new rule 1720-02- 05-.10 filed December 17, 2020; effective March 17, 2021. Amendments filed December 17, 2020; effective March 17, 2021.

Tenn. Comp. R. & Regs. 1720-02-05-.14 INTERIM ACTIONS

(1) In certain situations, the University may impose interim actions prior to the conclusion of the student conduct process. The University will determine the appropriate interim actions based on the totality of the circumstances. Interim actions are not disciplinary sanctions and are taken to protect the safety, security, and welfare of the Complainant, Respondent, the University community, and/or University property.

(2) No-Contact Directive. In cases involving allegations of harassment, assault, physical injury, sexual harassment, sexual assault, dating violence, domestic violence, stalking, sexual exploitation, and/or retaliation, or where there is reason to believe continued contact between a student and a specific person may interfere with that specific person's security, safety, or ability to participate in work or studies, the University may issue a No-Contact Directive to the student that prohibits the student from having verbal, physical, written, and/or electronic contact, either directly or indirectly through a third party or other means, with the specific person for a definite or indefinite period of time. The student will receive written notice of the No-Contact Directive. Any student, faculty or staff member or other person with a reasonable justification may request a No-Contact Directive. Any violation of a No-Contact Directive will be considered a violation of the Code and a risk to the health, safety or welfare of the person whom the student is prohibited from contacting under the directive, and may result in disciplinary sanctions or additional interim actions against the student. A No-Contact Directive may be issued to a student organization under the same circumstances and conditions as provided under this Section .14(1).

(3) Disciplinary Hold. A Disciplinary Hold is an encumbrance on a student's University record that prevents the student from registering for classes, receiving grades, transcripts, and/or academic credit, and being awarded a degree, until the reason for the hold is resolved. The Office of Student Conduct may place a Disciplinary Hold on a student's University record while allegations of Code violation(s) against the student are under investigation, disciplinary proceedings and/or sanctions against the student are pending or incomplete, or in accordance with other University rules or policies.

(4) Interim Restriction. When the Office of Student Conduct has reasonable cause to believe that the continued presence of a Respondent (student or student organization) on certain University-controlled property or at certain University-affiliated activities (i) poses a risk to the health, safety, or welfare of others or to property; or (ii) poses a risk of disruption of or interference with the normal operations of the University, the Office of Student Conduct may impose an interim restriction and/or condition (“Interim Restriction”) on the Respondent prior to the resolution of the allegations of Code violation(s) against the Respondent in the student conduct process. Examples of Interim Restrictions include, without limitation, restrictions on the Respondent's privileges to participate in University-affiliated activities, restrictions on the Respondent's privileges to access certain University-controlled property, and the Respondent's interim removal and/or reassignment from University-controlled housing.

Restrictions imposed on a Respondent under a No-Contact Directive are not Interim Restrictions.

(a) The Respondent will be provided written notice of the Interim Restriction and the basis for the Interim Restriction. Unless otherwise determined by the Office of Student Conduct, the Interim Restriction will remain in effect until the conclusion of the student conduct process, which should be completed without undue delay.

(b) If the Respondent wishes to contest the Interim Restriction, the Respondent must request in writing to meet with the Vice Chancellor for Student Affairs within three (3) business days of the effective date of the notice of the Interim Restriction. Upon receipt of a timely request for a meeting, the Vice Chancellor for Student Affairs (or his or her designee) will schedule a meeting with the Respondent at which the Respondent will be offered the opportunity to discuss the following issues only: (i) the reliability of the information concerning the Respondent's conduct on which the Interim Restriction was issued; and (ii) whether the conduct and surrounding circumstances reasonably indicate that the Respondent's continued presence on certain University-controlled property or at certain University-affiliated activities poses a risk to the health, safety, or welfare of others or to property, or a risk to the disruption of or interference with the normal operations of the University. At the conclusion of the meeting, the Vice Chancellor for Student Affairs (or his or her designee) may remove, modify, or maintain the Interim Restriction and will notify the Respondent of his or her decision in writing.

(c) Violations of the terms of an Interim Restriction may result in disciplinary sanctions and/or additional interim actions against the Respondent, and the Respondent may be treated as a trespasser.

(5) Interim Suspension. When the Vice Chancellor for Student Affairs has reasonable cause to believe that the continued presence of a Respondent (student or student organization) on University-controlled property or at University-affiliated activities (i) poses a significant risk of substantial harm to the health or safety of others or to property; or (ii) poses an ongoing or imminent threat of disruption to or interference with the normal operations of the University, the Vice Chancellor for Student Affairs may impose an Interim Suspension on the Respondent prior to the resolution of the allegations of Code violation(s) against the Respondent in the student conduct process. During an Interim Suspension, the Respondent shall be denied access to University-controlled property, including residence halls, and all other University-affiliated activities or privileges for which the Respondent might otherwise be eligible, as the Vice Chancellor for Student Affairs determines in his or her sole discretion to be appropriate.

(a) The Respondent will be provided written notice of the Interim Suspension and the basis for the Interim Suspension. Unless otherwise determined by the Vice Chancellor for Student Affairs, the Interim Suspension will remain in effect until the conclusion of the student conduct process, which should be completed without undue delay.

(b) If the Respondent wishes to contest the Interim Suspension, the Respondent must request in writing to meet with the Vice Chancellor for Student Affairs within three (3) business days of the effective date of the written notice of the Interim Suspension.

Upon receipt of a timely request for a meeting, the Vice Chancellor for Student Affairs (or his or her designee) will schedule a meeting with the Respondent at which the Respondent will be offered the opportunity to discuss the following issues only: (i) the reliability of the information concerning the Respondent's conduct on which the Interim Suspension was issued; and (ii) whether the conduct and surrounding circumstances reasonably indicate that the Respondent's continued presence on certain Universitycontrolled property or at certain University-affiliated activities poses a significant risk of substantial harm to the health, safety, or welfare of others or to property, or an ongoing or imminent threat of disruption to or interference with the normal operations of the University. At the conclusion of the meeting, the Vice Chancellor for Student Affairs (or his or her designee) may remove, modify, or maintain the Interim Suspension and will notify the Respondent of his or her decision in writing.

(c) Violations of the terms of an Interim Suspension may result in disciplinary sanctions and/or additional interim actions against the Respondent, and the Respondent may be treated as a trespasser. During an Interim Suspension, permission to be on Universitycontrolled property or participate in University-affiliated activities may be granted by the Vice Chancellor for Student Affairs.

(6) Notwithstanding any provisions in this Section .14 to the contrary, in any case in which a Formal Complaint is filed alleging Title IX Allegations, the Vice Chancellor for Student Affairs may impose an interim suspension on a Respondent only after undertaking an individualized safety and risk analysis, and 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 of the Respondent. The Vice Chancellor for Student Affairs will provide the Respondent notice and an opportunity for the Respondent to challenge an interim suspension within three (3) business days.

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 rule filed April 17, 2012; effective September 28, 2012. Repeal and new rule filed September 30, 2019; effective December 29, 2019. Rule was previously numbered 1720-02-05-.13 but was renumbered 1720-02-05-.14 with the introduction of emergency rule 1720-02-05-.10 filed August 13, 2020; effective through February 9, 2021. Emergency rules filed August 13, 2020; effective through February 9, 2021. Emergency rules expired February 10, 2021, and the rules reverted to their previous statuses and numbering. Rule was previously numbered 1720-02-05-.13 but was renumbered 1720-02-05-.14 with the introduction of new rule 1720-02- 05-.10 filed December 17, 2020; effective March 17, 2021. Amendments filed December 17, 2020; effective March 17, 2021.

Tenn. Comp. R. & Regs. 1720-02-05-.15 STUDENT PARKING APPEALS BOARD

(1) All students who park vehicles or own vehicles parked on University-controlled property are subject to the University’s Parking Rules under Chapter 1720-02-03.

(2) The Student Parking Appeals Board will review all appeals of parking citations issued to students in accordance with Chapter 1720-02-03. Decisions concerning appeals will be made by a majority vote of the Student Parking Appeals Board.

(3) The Student Parking Appeals Board membership will consist of the student members of the Student Conduct Board.

(4) A chairperson and a quorum of three (3) members of the Student Parking Appeals Board is required for each hearing on an appeal. A University official from either the Office of Parking Services or the Office of Student Conduct will serve as the chairperson for an appeal hearing.

The chairperson will vote on an appeal only in the event of a tie-vote among the board members.

(5) The chairperson and the board members will be fair and impartial. Any student appealing a parking citation has the right to challenge the fairness or impartiality of the chairperson or any board member hearing the student's appeal. Any chairperson or board member lacking fairness or impartiality will recuse himself or herself or may, for good cause and at the discretion of the Vice Chancellor for Student Affairs (or his or her designee), be removed from hearing an appeal.

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 rule filed April 17, 2012; effective September 28, 2012. Repeal and new rule filed September 30, 2019; effective December 29, 2019. Rule was previously numbered 1720-02-05-.14 but was renumbered 1720-02-05-.15 with the introduction of emergency rule 1720-02-05-.10 filed August 13, 2020; effective through February 9, 2021. Emergency rules expired February 10, 2021, and the rules reverted to their previous statuses and numbering. Rule was previously numbered 1720-02-05-.14 but was renumbered 1720-02-05-.15 with the introduction of new rule 1720-02-05-.10 filed December 17, 2020; effective March 17, 2021.

Tenn. Comp. R. & Regs. 1720-02-05-.16 STUDENT CONDUCT RECORDS

(1) Maintenance. The University maintains student conduct records separately from student academic records. The Office of Student Conduct serves as the record custodian for student conduct records.

(2) Disclosure. A student may inspect and review his or her own student conduct records upon request to the Office of Student Conduct. The Office of Student Conduct may disclose a student's student conduct records to other persons upon written consent of the student. The Office of Student Conduct may disclose a student's student conduct records to other persons, including other University officials, without written consent from the student only in accordance with federal or state law.

(3) Retention and Disposal of Student Conduct Records. The University will retain a student's student conduct records for a period of seven (7) years after the student's last date of enrollment with the University, unless required to retain the records for a longer period of time by law or as otherwise provided in this Section .16(3). The Office of Student Conduct will permanently retain student conduct records for students who receive one (1) or more of the following disciplinary sanctions (or equivalent sanctions under previous versions of the Code) from the University: Suspension, Permanent Dismissal, Withholding of Degree, and Revocation of Degree.

(4) Retention and Disposal of Student Organization Conduct Records. The University will retain a student organization's conduct records for a period of seven (7) years following the conclusion of the matter to which the conduct records relate, unless required to retain the records for a longer period of time by law or as otherwise provided in this Section .16(4). The Office of Student Conduct will permanently retain student organization conduct records relating to matters in which a student organization receives one (1) or more of the following disciplinary sanctions (or equivalent sanctions under previous versions of the Code) from the University: Suspension or Revocation of Registration.

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 rule filed April 17, 2012; effective September 28, 2012. Repeal and new rule filed September 30, 2019; effective December 29, 2019. Rule was previously numbered 1720-02-05-.15 but was renumbered 1720-02-05-.16 with the introduction of emergency rule 1720-02-05-.10 filed August 13, 2020; effective through February 9, 2021. Emergency rules filed August 13, 2020; effective through February 9, 2021. Emergency rules expired February 10, 2021, and the rules reverted to their previous statuses and numbering. Rule was previously numbered 1720-02-05-.15 but was renumbered 1720-02-05-.16 with the introduction of new rule 1720-02- 05-.10 filed December 17, 2020; effective March 17, 2021. Amendments filed December 17, 2020; effective March 17, 2021.

Tenn. Comp. R. & Regs. 1720-02-05-.17 with the introduction of emergency rule 1720-02-05-.10 filed August 13, 2020; effective through February 9, 2021. Emergency rules filed August 13, 2020; effective through February 9, 2021.

Emergency rules expired February 10, 2021, and the rules reverted to their previous statuses and numbering. Rule was previously numbered 1720-02-05-.16 but was renumbered 1720-02-05-.17 with the introduction of new rule 1720-02-05-.10 filed December 17, 2020; effective March 17, 2021. Amendments filed December 17, 2020; effective March 17, 2021.

Chapter 1720-02-06 Maintenance of Ethical and Professional Standards-Nursing

Tenn. Comp. R. & Regs. 1720-02-06-.01 INTRODUCTION

Failure to maintain the high ethical and professional standards of the nursing profession may subject a student to suspension or other appropriate remedial action by the University.

History

• Authority: Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5 and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Repealed by Public Chapter 575; effective July 1, 1986. New rule filed May 27, 1986; effective August 12, 1986

Tenn. Comp. R. & Regs. 1720-02-06-.02 REASONS FOR SUSPENSION OR REMEDIAL ACTION

(1)A student enrolled at The University of Tennessee at Chattanooga is subject to disciplinary action up to and including suspension for engaging in the following acts of misconduct, regardless of whether such misconduct is engaged in on or off University-owned or -controlled property:

(a)Commission of an offense classified as a felony Tennessee’s criminal statutes or by Federal criminal statutes.

(b)Unlawful use, possession, or sale of drugs or narcotics, whether or not felonious.

(c)Plagiarism, falsification of records, or other act which substantially impugns the integrity of the student.

(d)Other unprofessional and unethical conduct which would bring disrepute and disgrace upon both student and the nursing profession and which would tend to substantially reduce or eliminate the student’s ability to effectively practice that profession.

(2)A student applying for admission to The University of Tennessee at Chattanooga shall also be subject to the above provisions and may be denied admission on the basis of his or her failure to maintain the aforementioned ethical and professional standards.

History

• Authority: Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5 and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Repealed by Public Chapter 575; effective July 1, 1986. New rule filed May 27, 1986; effective August 12, 1986. Amendment filed August 31, 1995; effective December 30, 1995.

Tenn. Comp. R. & Regs. 1720-02-06-.08 REPEALED

History

• Authority: Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5 and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed October 16, 1979; effective November 30, 1979. Repealed by Public Chapter 575; effective July 1, 1986.

Tenn. Comp. R. & Regs. 1720-02-06-.03 REPEALED

History

• Authority: Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5 and Public Acts of Tennessee 1807, Chapter 64.
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Amendment filed August 22, 1980; effective December 1, 1980. Repealed by Public Chapter 575, effective July 1, 1986.

Tenn. Comp. R. & Regs. 1720-02-06-.04 REPEALED

History

• Authority: Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5 and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Repealed by Public Chapter 575; effective July 1, 1986.

Tenn. Comp. R. & Regs. 1720-02-06-.05 REPEALED

History

• Authority: Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5 and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Amendment filed August 22, 1980; effective December 1, 1980. Repealed by Public Chapter 575; effective July 1, 1986.

Tenn. Comp. R. & Regs. 1720-02-04-.06 REPEALED

History

• Authority: Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5 and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976 Repealed by Public Chapter 575; effective July 1, 1986.

Tenn. Comp. R. & Regs. 1720-02-06-.07 REPEALED

History

• Authority: Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5 and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Repealed by Public Chapter 575; effective July 1, 1986.

Chapter 1720-02-07 Library Fines

Tenn. Comp. R. & Regs. 1720-02-07-.01 LIBRARY FINES

(1) There are no fines for overdue items borrowed from the library’s regular book or audiovisual collections. For lost items, however, borrowers are assessed the current cost of replacement plus a nonrefundable processing fee of $15.00 for each item.

(2) Hourly reserve items are subject to an overdue fine of 25 cents per hour, up to a limit of $15.00 for each item. Daily reserve items are subject to an overdue fine of $1.00 per day, up to a limit of $15.00 for each item.

(3) Other library equipment (e.g., study rooms, laptops) is subject to an overdue fine of $5.00 per hour, up to a limit of $15.00 for each piece of equipment.

(4) If fines for overdue books and charges for lost books are not paid as required, the borrowers will be blocked from use of the library and not permitted by the business office and registrar (on this or other campuses of the University) either to register or to receive course credits and transcripts until the outstanding obligations are fully cleared.

History

• Authority: § 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 rule filed September 15, 1976; effective October 15, 1976. Amendment filed August 31, 1982; effective November 15, 1982. Repealed by Public Chapter 575; effective July 1, 1986. New rule filed May 27, 1986; effective August 12, 1986. Amendment filed November 13, 1987; effective February 28, 1988. Amendments filed November 17, 2008; effective March 30, 2009. Amendment filed February 7, 2013; to have been effective July 29, 2013; a withdrawal of the amendment was filed May 14, 2013.

Tenn. Comp. R. & Regs. 1720-02-07-.02 REPEALED

History

• Authority: Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5 and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Amendment filed August 22, 1980; effective December 1, 1980. Amendment filed August 31, 1982; effective November 15, 1982. Repealed by Public Chapter 575; effective July 1, 1986.

Tenn. Comp. R. & Regs. 1720-02-07-.03 REPEALED

History

• Authority: Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5 and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Amendment filed August 22, 1980; effective December 1, 1980. Amendment filed August 31, 1982; effective November 15, 1982. Repealed by Public Chapter 575; effective July 1, 1986. -- 1 of 1 --

Chapter 1720-02-08 Termination of Financial Assistance

Tenn. Comp. R. & Regs. 1720-02-08-.01 GENERAL

(1)Coverage. The provisions of this policy apply to student financial assistance except graduate assistantships and fellowships.

(2)Purpose. The purpose of this policy is to provide procedures for the termination of financial assistance.

History

• Authority: Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5 and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Repeated by Public Chapter 575; effective July 1, 1986. New rule filed May 27, 1986; effective August 12, 1986.

Tenn. Comp. R. & Regs. 1720-02-08-.02 DEFINITIONS

(1)Athletic Grant-in-Aid. A contract for financial assistance which has been approved by the Scholarships Committee and awarded in accordance with the provisions of the Constitution and By- Laws of the Southern Conference and the National Collegiate Athletic Association.

(2)Financial Aid. Assistance awarded to a student in one of the following categories: work scholarship (including graduate), loan, grant.

History

• Authority: Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5 and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Amendment filed July 29, 1983; effective October 14, 1983. Repeated by Public Chapter 575; effective July 1, 1986. New rule filed May 27, 1986; effective August 12, 1986.

Tenn. Comp. R. & Regs. 1720-02-08-.03 NOTICE

(1)Athletic Grant-in-Aid.

(a)Whenever the Athletic Department proposes that the financial assistance be terminated within the contract period, the student shall be notified in writing by the Director of Financial Aid of the proposed termination. The notice shall contain the reasons for termination, the student's right to a hearing in accordance with the contested case provision of the Administrative Procedures Act or in accordance with the provisions hereinafter provided.

(b)Whenever athletic financial assistance is not to be renewed at the end of the contract period the student shall be notified of his/her right to a hearing, in accordance with the requirements of the Constitution of the National Collegiate Athletic Association, before the Scholarship Committee. (Article 3, Section 4 (d)).

(2)Financial Aid. Whenever financial aid is to be modified or terminated, the student shall be notified of the reasons for the proposed modification or termination and of the right to appeal by contacting the Director of Financial Aid. If the Director of Financial Aid is unable to amiably resolve the student's appeal, it shall proceed as follows:

(a)If the appeal concerns interpretation of policy, the student shall be afforded the right of further appeal through the Director's Review Committee and the Associate Provost for Academic Services to the Chancellor.

(b)If the appeal concerns a disputed question of fact, the student shall be advised of the right to a hearing before the Scholarships Committee or in accordance with the Administrative Procedures Act.

History

• Authority: Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5 and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Amendment filed July 29, 1983; effective October 14, 1983. Repeated by Public Chapter 575; effective July 1, 1986. New rule filed May 27, 1986; effective August 12, 1986.

Tenn. Comp. R. & Regs. 1720-02-08-.04 REQUEST FOR A HEARING

(1)Termination of Athletic Grant-in-Aid. The request for a hearing together with his/her election of an Administrative Procedures Act hearing or one under this policy shall be made in writing to the Director of Financial Aid within five calendar days of receipt of the notice of proposed termination.

(a)If the student elects a hearing under the provisions of the Administrative Procedures Act, the Director of Financial Aid shall forward the file to the Chancellor for the appointment of a hearing officer.

(b)If the student elects a hearing under this policy statement, the Director of Financial Aid shall immediately notify the Chairman of the Scholarships Committee.

(2)Non-Renewal of Athletic Grant-in-Aid. The request for a hearing must be forwarded to the Director of Financial Aid within five calendar days of receipt of written notice of non-renewal.

(3)Disputed Fact Regarding Financial Aid Termination. The request for a hearing must be forwarded to the Director of Financial Aid within five business days of receipt of written notice of the decision of the Director of Financial Aid.

(a)If the student elects a hearing under the provisions of the Administrative Procedures Act, the Director of Financial Aid shall forward the file to the Chancellor for the appointment of a hearing officer.

(b)If the student elects a hearing under this policy statement, the Director of Financial Aid shall immediately forward the request for a hearing together with a copy of the complete file to the Chairman of the Scholarship Committee.

History

• Authority: Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5 and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed May 27, 1986; effective August 12, 1986.

Tenn. Comp. R. & Regs. 1720-02-08-.05 RESPONSIBILITY OF THE SCHOLARSHIPS COMMITTEE

It shall be responsibility of the Scholarships Committee to:

(1)Conduct a hearing within ten working days of the student's request for said hearing. When the University is not in session, the hearing shall be held as soon as reasonably possible.

(2)Make findings of fact and a determination as to the termination of financial aid.

(3)Notify the student as soon as possible of the committee's decision.

(4)Notify the student of his/her right to appeal to the Chancellor in writing within five calendar days.

History

• Authority: Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5 and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed May 27, 1986; effective August 12, 1986.

Tenn. Comp. R. & Regs. 1720-02-08-.06 HEARING PROCEDURES

Students who are entitled to a hearing as above provided are entitled to the following procedural rights:

(1)A written notice of the alleged grounds for termination of financial assistance.

(2)To reasonable notice of the time and place of the requested hearing.

(3)The assistance of a representative of choice. If the student requesting a hearing desires to be represented by an attorney, the University must be notified by the student at least three days prior to the scheduled hearing.

(4)To present all pertinent evidence including witnesses.

(5)To confront and cross-examine all adverse witnesses.

History

• Authority: Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5 and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed May 27, 1986; effective August 12, 1986.

Tenn. Comp. R. & Regs. 1720-02-08-.07 APPEAL

(1)Scholarships Committee Decision. The student may appeal the decision of the scholarship committee in accordance with Article 5, Section 7 of the University By-Laws:

Officers, faculty and staff members, students employees, alumni and all others who feel that they may have a grievance against the University shall have the right of appeal throught the appropriate Chancellor and the President to the Board of Trustees.

An appeal must be submitted in writing to the Chancellor within five working days.

(2)Administrative Procedures Act. The decision of the Chancellor is final in all cases heard under the contested case provision of the Administrative Prodecures Act. Further appeal shall be in accordance with the provisions of that act.

History

• Authority: Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5 and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed May 27, 1986; effective August 12, 1986.

Chapter 1720-02-09 Student Publications: Editors and Staff Members

Tenn. Comp. R. & Regs. 1720-02-09-.01 ELIGIBILITY

(1) Student editors and staff members who receive stipends must have an overall grade point average of at least 2.0 average for each term of their tenures in office.

(2) Editors and staff members who receive stipends from one publication may not serve in other student leadership positions carrying stipends or in positions on other publications which carry stipends, (3) Nominees for editorship of the major publications shall be at least of sophomore standing by the end of the semester in which they are nominated.

(4) Staff members holding non-stipend positions who are placed on academic or disciplinary probation cannot continue to serve without approval of the Dean of Students.

(5) Editors of staff members receiving stipends must be a full-time student at UTC carrying at least 12 credit hours except for a second semester senior who lacks less than 12 hours in fulfilling his degree requirements.

(6) The term of office for editors of the Echo and Sequoya Review begins at the close of the spring semester and ends at the close of the spring semester in the following year.

(7) By two-thirds vote of those present, the Publications Board, when necessity clearly requires it to do so, can suspend any of the foregoing stipulations.

History

• Authority: Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5 and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Amendment filed August 31, 1982; effective November 15, 1982. Repealed by Public Chapter 575; effective July 1, 1986. New rule filed May 27, 1986; effective August 12, 1986. Amendment filed August 19, 1994; effective December 29, 1994.

Tenn. Comp. R. & Regs. 1720-02-09-.02 SELECTION

(1) After advertising the positions on campus, applications for the positions of editors will be accepted by the Publications Board. The Board will select editors of the two student publications subject to the approval of the Chancellor.

(2) Staff appointments to positions carrying stipends are subject to approval of the Board.

History

• Authority: Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5 and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Amendment filed August 31, 1982; effective November 15, 1982. Repealed by Public Chapter 575; effective July -- 1 of 3 -- 1, 1986. New rule filed May 27, 1986; effective August 12, 1986. Amendment filed August 19, 1994; effective December 29, 1994.

Tenn. Comp. R. & Regs. 1720-02-09-.03 REMOVAL

(1) As the agency involved in the appointment of editors, the Publications Board is empowered to remove editors from office for cause, including negligence, malfeasance, or violations of provisions of this manual. Suspension or removal may be initiated by the Advisory Committee, a petition containing signature of one-third the number of voters that voted in the last regularly held SGA Spring election, or the Publication Board itself. In extraordinary cases involving the ultimate welfare and responsibility of the University, the Chancellor will remove an editor.

(2) The Publications Board will hear cases which might result in suspension or removal of an editor, insuring that the rights of the accused are respected in such hearings and that due process is maintained. Either the plaintiff or defendant in such cases may appeal the Board’s decision to the Chancellor.

(3) The Board serves as an appellate body for suspension or other disciplinary actions taken by an editor against members of his staff. Either party may further appeal the Board’s decision to the Chancellor.

(4) Administrative Sanctions. The Publications Board may impose the following sanctions upon guilty parties in cases involving violations of this Manual. All such sanctions are automatically reviewed by the Chancellor.

(a) Removal from office: to be utilized only in the most serious and flagrant violations in office.

(b) Suspension: temporary removal from office as a result of serious violations in office.

(c) Loss of stipend: this action accompanies removal or suspension. Imposition of this penalty requires the guilty party to reimburse the University for the amount of the stipend received, less credit for the prorated amount representing time served in the office.

(d) Censure: the Board may utilize public censure alone or in conjunction with another disciplinary measure.

(e) Reprimand: the Board may utilize a direct, oral reprimand or a written reprimand.

(5) Staff members holding non-stipend positions who are placed on academic or disciplinary probation cannot continue to serve without approval of the Dean of Students.

(6) Editors may remove or suspend staff members for cause, but are required to notify the staff members in writing of the cause for their removal and of their right appeal to the Publications Board, such appeal to be initiated within ten class days of notification.

History

• Authority: Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5 and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Repealed by Public Chapter 575; effective July 1, 1986. New rule filed May 27, 1986; effective August 12, 1986.

Tenn. Comp. R. & Regs. 1720-02-09-.04 CHANCELLOR’S AUTHORITY

As a representative of the University of Tennessee Board of Trustees, the Chancellor is responsible to the Board for all student publications. At the authorization of the Board of Trustees, the Chancellor established a Publications Board which assists in the conduct of student publications activities at the University. Editors are, in turn, responsible to the Publications Board. No action of the Publications -- 2 of 3 -- Board becomes an official action of the University of Tennessee at Chattanooga, however, until approved by the Chancellor. This includes disciplinary action, for which the Chancellor is the final appellate authority.

History

• Authority: Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5 and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Repealed by Public Chapter 575; effective July 1, 1986. New rule filed May 27, 1986; effective August 12, 1986. -- 3 of 3 --

Chapter 1720-03-01 The Honor System

Tenn. Comp. R. & Regs. 1720-03-01-.01 PREAMBLE AND PURPOSE

(1) The University of Tennessee Health Science Center (“UTHSC”) expects and requires all students to exemplify personal integrity and responsibility in the classroom, laboratory, clinics, and other academic endeavors. UTHSC also expects and requires UTHSC students to interact with patients, colleagues, and other members of the university community in a professional and ethical manner. These expectations and requirements provide the foundation for the UTHSC Honor System (“Honor System”).

(2) The Honor System is composed of the following:

(a) The Honor Code, Chapter 1720-03-01-.02, which sets forth expected behaviors in the classroom, laboratories and clinical settings;

(b) The Honor Code Pledge, Chapter 1720-03-01-.03, which all students sign as a condition of enrollment;

(c) Rules relating to the administration of the Honor System, Chapter 1720-03-01-.04;

(d) Rules relating to penalties associated with violations of the Honor Code, Chapter 1720- 03-01-.05;

(e) A process for appealing a finding of a violation of the Honor Code, Chapter 1720-03- 01-.06; and (f) The composition and functioning of the College Honor Councils, Chapter 1720-03-01- .07.

History

• Authority: T.C.A. § 49-9-209(e) and Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Amendment filed July 29, 1983; effective October 14, 1983. Repeal and new rule filed October 16, 1984; effective January 14, 1985. Repeal and new rule filed May 27, 1986; effective August 12, 1986. Repeal and new rule filed June 18, 1996; effective October 28, 1996. Amendment filed November 17, 2000; effective March 30, 2001. Repeal and new rules filed January 6, 2016; effective April 5, 2016. Agency filed a 30 day stay on March 29, 2016; new effective date May 5, 2016.

Tenn. Comp. R. & Regs. 1720-03-01-.02 THE HONOR CODE

(1) UTHSC students must exhibit personal integrity and responsibility and conduct themselves in a professional and ethical manner with respect to:

(a) The classroom, including without limitation:

1. Tests and examinations;

2. Oral, written, and practical reports and assignments in a student’s academic or research program;

3. The use electronic technology; and 4. Classroom requirements set by UTHSC, a college within UTHSC (“College”), or a UTHSC faculty member.

(b) Laboratory work, including without limitation:

1. Completing individual and group assignments;

2. Reporting laboratory results;

3. Acknowledging contributions from other individuals and sources; and 4. Laboratory requirements set by UTHSC, a College, or a faculty member.

(c) Clinical work, including without limitation:

1. Attendance and participation in clinical teams;

2. Use of patient records;

3. Timely completion of reports;

4. Patient care; and 5. Clinical work requirements set by UTHSC, a College, or a faculty member.

(2) Section .02(1) shall be referred to as the “Honor Code.”

(3) Violations of the Honor Code include, without limitation:

(a) Using, receiving, or providing unauthorized assistance or possessing unauthorized information or materials: during tests, examinations, academic assignments, or scholarship; in the preparation of oral, written, or practical reports; or in clinical or laboratory work in the student's academic or research program.

(b) Recording or reporting fraudulent data relating to patient care, willfully neglecting clinical responsibilities, or otherwise compromising patient treatment through a lack of professional integrity.

(c) Plagiarizing (presenting another person's ideas, words, projects, creations, or work as the student’s own).

(d) Falsifying, fabricating, or misrepresenting data, laboratory results, research results, citations, or other information in connection with academic assignments or clinical, field, or laboratory records.

(e) Substituting for another student or have another student substituting for oneself to take an exam or perform an academic, laboratory, clinical, or field assignment.

(f) Collaborating with others in assigned out-of-class activities, laboratory work, field work, scholarship, or other academic assignment when the instructions require individual effort.

(g) Altering grades, answers, marks, or documents in an effort to change academic records, the earned grade, or credit.

(h) Submitting without authorization the same assignment for credit in more than one course.

(i) Forging a signature or allowing forgery on any class- or university-related document, such as a class roll or drop/add sheet. Such forgeries could involve false identification by electronic, paper, or other means.

(j) Failing to follow a faculty member’s instructions about the integrity of an exam or academic assignment.

(k) Engaging in an activity that unfairly places another student at a disadvantage, such as taking, hiding, or altering resource material or manipulating a grading system.

(l) Maliciously and falsely accusing another student of violating the Honor Code.

(m) Assisting another student in violating the Honor Code.

(n) Failing to report to UTHSC in a timely manner one’s reasonable belief that another person has violated the Honor Code.

(o) Discussing or revealing confidential information or materials relating to allegations, investigations, charges, or hearings of a College Honor Council or the University Honor Court.

(p) Engaging in unauthorized or inappropriate distribution or use of course materials (e.g., podcasts/lecture recordings), including without limitation:

1. Sharing materials with individuals not enrolled in the UTHSC course;

2. Posting lectures or portions of lectures to external sites;

3. Creating clips for online video repositories; and 4. Posting recordings of patient encounters in simulated or actual clinical settings.

(q) Engaging in other similar acts of academic dishonesty.

History

• Authority: T.C.A. § 49-9-209(e) and Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Amendment filed July 29, 1983; effective October 14, 1983. Repeal and new rule filed October 16, 1984; effective January 14, 1985. Repeal and new rule filed May 27, 1986; effective August 12, 1986. Repeal and new rule filed June 18, 1996; effective October 28, 1996. Amendment filed November 17, 2000; effective March 30, 2001. Repeal and new rules filed January 6, 2016; effective April 5, 2016. Agency filed a 30 day stay on March 29, 2016; new effective date May 5, 2016.

Tenn. Comp. R. & Regs. 1720-03-01-.03 THE HONOR CODE PLEDGE

(1) All UTHSC students must sign the following pledge (“Honor Code Pledge”) within two (2) weeks of the start of classes:

I have read carefully the provisions of the Honor Code of the University of Tennessee Health Science Center and fully understand its meaning and significance, and I agree to abide by the Honor Code while a student enrolled at this institution and agree to accept all of its implications without reservation.

(2) A student’s signature under Section .03(1) indicates the student’s pledge of personal integrity and responsibility and professional and ethical conduct and obligates the student to comply with the UTHSC Honor Code and the UTHSC Honor System.

History

• Authority: T.C.A. § 49-9-209(e) and Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Repeal and new rule filed October 16, 1984; effective January 14, 1985. Repeal and new rule filed May 27, 1986; effective August 12, 1986. Amendment filed September 3, 1992; effective December 29, 1992. Repeal and new rule filed June 18, 1996; effective October 28, 1996. Amendment filed November 17, 2000; effective March 30, 2001. Repeal and new rules filed January 6, 2016; effective April 5, 2016. Agency filed a 30 day stay on March 29, 2016; new effective date May 5, 2016.

Tenn. Comp. R. & Regs. 1720-03-01-.04 ADMINISTRATION OF THE HONOR SYSTEM

(1) Responsibility and Procedures for Reporting Violations.

(a) UTHSC students, faculty, staff, and/or test administrators must timely report a reasonable belief that a student has violated the Honor Code, in accordance with the procedures outlined in Section .04(1)(b)(2).

(b) The procedures for reporting a violation of the Honor Code are as follows:

1. Informal Notification. Faculty, staff, students, and/or test administrators who become aware of suspicious behavior but are uncertain whether the behavior violates the Honor Code may informally report the behavior to a College Honor Council member. The Honor Council member must notify the Honor Council president and then advise the suspected student that such actions are suspicious and, if continued, may lead to a formal complaint.

2. Formal Complaints. Faculty, staff, students, and/or test administrators who reasonably believe that a student has violated the Honor Code must file a formal complaint against the student. A formal complaint is written and signed by the person alleging that a student has violated the Honor Code. A formal complaint is presented to a member of the appropriate College Honor Council. A formal complaint by one individual is sufficient to initiate an investigation against a student. Signed complaints shall be forwarded to the College Honor Council president and shall not be discussed with other students.

(c) The president or faculty advisor of the College Honor Council must immediately report any alleged violation of the Honor Code (under Section .01(b)(2)) to the faculty member/clinical supervisor/researcher at the site where the alleged violation occurred (assuming that the allegation was not initiated by this individual).

(2) Responsibilities for Administering the Honor System.

(a) UTHSC offices relating to student affairs are responsible for providing guidance to students regarding Honor System procedures.

(b) A representative of each College will discuss the Honor System with entering students during orientation and ensure that they sign the Honor Code Pledge. The signed pledge will be sent to the Registrar’s office and becomes a part of the student’s official UTHSC file.

(c) Colleges are responsible for informing students of an appropriate style manual for citations.

(d) Each College has an Honor Council composed of current students that functions as a body for hearing cases of alleged violations of the Honor Code. UTHSC also has a University Honor Court composed of College Honor Council members. The University Honor Court also serves as a hearing body for Honor Code violation cases.

(e) Faculty advisors to College Honor Councils provide guidance to College Honor Council members regarding rules, procedures, and the appropriate methods of administering the Honor System.

(f) The Office of Vice Chancellor for Academic, Faculty and Student Affairs (“VCAFSA”) provides guidance and orientation to College Honor Council members, faculty advisors, and other students.

(g) Any proposed change to the Honor System shall be presented in writing to the president of each College’s Honor Council. A majority vote of each College Honor Council and the College Honor Council presidents must approve changes before they are submitted to the Student Government Association Executive Committee, the UTHSC Chancellor, and the University of Tennessee Board of Trustees for approval.

(h) Changes to a College Honor Council’s procedures shall be presented in writing to the College’s Honor Council president and must be approved by a majority vote of the College’s Honor Council. Upon approval and concurrence by the Dean of the College, the change shall be submitted to the Chancellor for approval.

(3) Procedures for Handling Alleged Violations of the Honor Code.

(a) Upon receipt of a formal complaint, the president of the College Honor Council appoints a College Honor Council member to investigate and determine the facts of the alleged violation(s). The student investigator shall make an oral or written recommendation to the College Honor Council president concerning whether the president should issue a notice accusing a student of violating the Honor Code (“Notice of Charge”). A seven (7) university business day investigation period is recommended but is not mandatory.

(b) If the student investigator determines that a preponderance of the evidence does not support a finding that a violation of the Honor Code occurred, then the student investigator will recommend that the president dismiss the formal complaint. The president will review the student investigator’s factual findings and assess the appropriateness of this recommendation. If the president agrees that a preponderance of the evidence does not support a finding that a violation of the Honor Code occurred, then the president will dismiss the formal complaint.

(c) If the student investigator concludes that a preponderance of the evidence supports the allegation, then the student investigator will recommend the president issue a Notice of Charge. The president will review the investigator’s factual findings and determine whether to accept the recommendation. If the president concludes that a preponderance of the evidence supports the allegation that the student committed a Honor Code violation, then the president shall send the accused student a Notice of Charge in accordance with Section .04(4). The president shall also send a copy of the Notice of Charge to the VCAFSA.

(d) The identity of the person(s) who reported the allegation is confidential throughout the student investigator’s investigation. If a Notice of Charge is issued, then the accused student will be notified of the name(s) of the accuser(s) upon request to the president of the College Honor Council.

(4) Notice to the Accused Student and the Response from the Accused Student.

(a) A student charged with violating the Honor Code shall be given a Notice of Charge(s) that states the following:

1. Factual basis of the charge(s);

2. The penalties that could be recommended to the Dean of the student’s College;

3. The student’s right to a hearing if the student contests the charge(s) and/or proposed penalties;

4. The name and address of the person to whom a request for a hearing should be directed;

5. A statement indicating that a request for a hearing must be made within seven (7) university business days of the date that the Notice of Charge was sent; and 6. A statement indicating the right to consult with a faculty advisor recommended by the College.

(b) The accused student must respond to the Notice of Charge in writing within seven (7) university business days of the date the Notice of Charge was sent. The accused student’s response must indicate either:

1. That he/she acknowledges a violation of the Honor Code and agrees to accept the penalty imposed by the Dean; or 2. That he/she denies violation of the Honor Code and requests a hearing to contest the charge(s) under one of the hearing options outlined in Section .04(5).

(c) If the accused student does not respond to the Notice of Charge in writing within seven (7) university business days of the date the Notice of Charge was sent, then the accused student will be found responsible for the charges indicated in the Notice of Charge and a penalty will be imposed by the Dean of the student’s College.

(d) A Notice of Charge will be sent to a student by:

1. U.S. mail or courier service to the address UTHSC’s Registrar has on file for the student, in which case the notice is effectively sent upon mailing or delivery to the courier service; and 2. Electronic means (e.g., e-mail) to the student’s UTHSC e-mail account, in which case the notice is effectively sent upon transmission.

(e) In computing a period of time that is referenced in the Honor System, the day of the event that triggered the period is excluded, and the last day of the period is included unless the last day of the period is a Saturday, Sunday, or legal holiday, in which case the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday.

(5) Hearing Options and Guidelines. An accused student who wants to contest a charge has the following hearing options:

(a) UAPA Hearing. If it is reasonably likely that the penalty of suspension or expulsion will be imposed if the accused student is found responsible for violating the Honor Code, then the accused student has a right to a hearing under the University of Tennessee’s rules for conducting contested cases under the Uniform Administrative Procedures Act,

Chapter 1720-01-05 (“UAPA Hearing”). In accordance with Chapter 1720-01-03, whenever an accused student who is entitled to a UAPA hearing requests a hearing, that hearing will be conducted in accordance with Chapter 1720-01-05 unless the accused student executes a waiver of right to proceed under Chapter 1720-01-05 and elects a hearing under Section .04(5)(b) or Section .04(5)(c). An accused student who elects a UAPA hearing shall have no right to be heard on the same matter in a College Honor Council hearing or a University Honor Court hearing.

(b) College Honor Council Hearing. This hearing is held by members of the College Honor Council from the accused student’s College. The composition of the College Honor Councils is set forth in Section .07. College Honor Council hearings shall be conducted in accordance with the following guidelines:

1. A hearing panel is convened from among the members of the College Honor Council.

2. The president of the College Honor Council serves as the chair of the hearing panel. The president of the College Honor Council may appoint another member of the College Honor Council to serve as the chair of the hearing panel if the president is unavailable.

3. The hearing should be scheduled as soon as possible following receipt of the accused student’s request for a hearing.

4. At least five (5) calendar days before the hearing, the student investigator should provide the accused and the College Honor Council hearing panel with all documents the investigator reasonably anticipates presenting during the hearing.

5. Both the accused student and the student investigator have the right to request the participation of witnesses. Any individual who is a member of the UTHSC community (student, faculty or staff member) is expected to participate if such a request is made. If a witness is unable to participate for some reason, the accused student or the student investigator may ask the witness to provide a written statement documenting the witness’ knowledge of the case. Then, the hearing panel will determine whether to consider the written statement as evidence, balancing the potential value of the information with the fact that the witness will not be questioned as part of the hearing process.

6. If he/she feels that a member of the College Honor Council may be biased, the accused student may request that the member be replaced by an alternate.

Decisions for such removal will be made by the president of the College Honor Council in consultation with the faculty advisor to the College Honor Council.

Unresolved disputes regarding such requests will be resolved by the VCAFSA.

7. Before the hearing, the College Honor Council hearing panel should meet to review the documentation, determine which (if any) witnesses should be invited to participate, discuss the procedure for the hearing, and determine the date of the hearing. After the details have been settled, the president/chairperson should schedule the hearing, inviting the accused student, his/her advisor, the student investigator, and witnesses as appropriate.

8. The student investigator will present the charge(s) to the hearing panel.

9. The accused student has the right to attend all parts of the formal hearing except the deliberation of the hearing panel. In addition, the accused has the right to question all witnesses and is afforded a full and fair opportunity to present all evidence, including witnesses, reasonably relating to the charge or action at issue. The accused student may have one (1) advisor present. This advisor shall be a member of the UTHSC community (e.g. a student, faculty or staff member) but shall not be an attorney. The advisor is allowed to provide advice to the accused student during the hearing but is not allowed to question any witness or hearing panel member, introduce evidence, raise objections, present arguments, or otherwise participate in the hearing.

10. College Honor Council hearings are not open to the public; family members, supporters and any other interested party who is not an advisor to the accused student will be provided with a waiting area but are not allowed to listen to, or otherwise participate in, the formal hearing.

11. Evidence that is irrelevant, immaterial, repetitious, or cumulative may be limited.

Judicial rules of evidence and procedure do not apply.

12. Allegations, investigations, charges and hearing records are confidential and shall be treated as student records that are protected by federal privacy laws (i.e., the Family Educational Rights and Privacy Act of 1974 - FERPA).

13. A verbatim record shall be made of the hearing procedures. However, defects in the record do not invalidate the proceedings.

14. After the hearing, the College Honor Council hearing panel will consider the evidence and present written findings, conclusions, and recommendations of possible penalties to the Dean of the College in which the violation occurred. The faculty advisor to the College Honor Council may attend these deliberations but should only provide advice on procedural issues.

15. At least five (5) College Honor Council members are required for a quorum. A majority vote of the hearing panel is required for any decision. The student investigator does not vote.

16. A finding of responsibility requires that the truth of the charge(s) at issue be supported by a preponderance of the evidence. The student investigator has the burden of proof.

17. If the verdict is that the student did not violate the Honor Code, then the Notice of Charge is dismissed and no penalty is imposed on the accused student.

18. Irrespective of the outcome of the hearing, all documents and recordings related to the case shall be transferred to the Office of Student Affairs as part of the official student disciplinary file.

19. The president/chairperson shall notify the accused student, Dean of the College, the student investigator, and the Office of Student Affairs of the outcome of the case.

(c) University Honor Court Hearing. The University Honor Court is composed of students from all Colleges at UTHSC. Each College nominates two (2) College Honor Council members to the University Honor Court pool. For each hearing, the VCAFSA will appoint a hearing panel of seven (7) members from the pool of nominees with at least two (2) panel members from the College of the accused student. The VCAFSA will select a chairperson from the panel members for the hearing. University Honor Court hearings shall be conducted in accordance with the same guidelines outlined in Section .04(5)(b).

(6) Enrollment of Students During the Notice of Charge and Hearing.

(a) Normally, an accused student may continue attending classes after the issuance of a Notice of Charge, assuming that the case does not extend for more than one (1) complete academic term after the alleged violation occurred. Should the case continue into the next academic term, the Grades for courses taken during that term will be listed as “I” (incomplete) until the case is finally adjudicated, converting to the grade earned if the finding of the hearing panel is that the student did not violate the Honor Code. If the student is found responsible for violating the Honor Code, the Dean of that student’s College will determine the type of penalty to impose, which could include denying credit for courses attended while the case was being adjudicated. Depending on individual circumstances, students who are involved in clinical training when a Notice of Charge is filed may not be able to continue their clinical activities. The Dean (or designee) from the student’s College will decide whether the student can continue attending clinical training while the case is being adjudicated. If a case extends into a second academic term following the issuance of a Notice of Charge, then the accused student will normally not be allowed to continue coursework until the case has been resolved.

(b) If an accused student leaves the University prior to the resolution of the case, the College Honor Council president shall send a letter to the Dean describing the accusation and stating the case was not resolved before the accused’s departure from school. A copy of this letter with all accompanying documents related to the case shall be forwarded to the Office of Student Affairs to be placed in the accused student’s permanent record.

(c) If an accused student leaves the University without resolving a Notice of Charge and is later readmitted, the accused student will be required to appear before the College Honor Council and resolve the Notice of Charge. If the College Honor Council finds that the student did not violate the Honor Code, then the Dean shall inform the Office of Student Affairs and request removal of the letter and all accompanying documents from the student’s permanent record.

History

• Authority: T.C.A. § 49-9-209(e) and Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Repeal and new rule filed October 16, 1984; effective January 14, 1985. Repeal and new rule filed May 27, 1986; effective August 12, 1986. Amendment filed September 3, 1992; effective December 29, 1992. Repeal and new rule filed June 18, 1996; effective October 28, 1996. Amendment fled November 17, 2000; effective March 30, 2001. Repeal and new rules filed January 6, 2016; effective April 5, 2016. Agency filed a 30 day stay on March 29, 2016; new effective date May 5, 2016.

Tenn. Comp. R. & Regs. 1720-03-01-.05 HONOR CODE VIOLATION PENALTIES

(1) If a hearing panel finds that an accused student violated the Honor Code, then the hearing panel will report its findings to the Dean of the accused student’s College and recommend possible penalties, including probation, suspension, dismissal, or any other action deemed appropriate by the hearing panel.

(2) The Dean will consider the evidence, written findings, conclusions, and recommendations of the hearing panel and determine the penalty within ten (10) university business days of the Dean’s receipt of the hearing panel’s decision. If the Dean is not available to provide a timely penalty determination, then he/she may appoint a designee to make the penalty determination.

(3) The Dean’s decision on the penalty will be sent to the student by:

(a) U.S. mail or courier service to the address UTHSC’s Registrar has on file for the student, in which case the notice is effectively sent upon mailing or delivery to the courier service; and (b) Electronic means (e.g., e-mail) to the student’s UTHSC e-mail account, in which case the notice is effectively sent upon transmission.

(4) A copy of the Dean’s (or designee’s) decision will be sent to the president/chairperson of the hearing panel and to the Office of Student Affairs, which will file the decision as part of the student’s permanent record.

(5) Penalties in UAPA hearings will be determined by the administrative judge, hearing examiner, and/or Agency Head in accordance with Chapter 1720-01-05.

History

• Authority: T.C.A. § 49-9-209(e) and Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: New rules filed January 6, 2016; effective April 5, 2016. Agency filed a 30 day stay on March 29, 2016; new effective date May 5, 2016.

Tenn. Comp. R. & Regs. 1720-03-01-.06 APPEALS

(1) The accused student may appeal the Dean’s penalty determination in writing to the Chancellor within ten (10) university business days of receipt of the Dean’s penalty determination. The accused student has the burden of proving that the penalty assigned by the Dean is unreasonable. Any appeal to the Chancellor may only address the penalty assigned by the Dean and not the decision of the College Honor Council or the University Honor Court.

(2) The Chancellor (or designee) generally will respond to the student with a decision within ten (10) university business days of the receipt of the request for the appeal. A copy of the Chancellor’s (or designee’s) decision will be sent to the Office of Student Affairs and maintained in the student’s permanent record.

(3) Appeals in UAPA cases will be handled in accordance with Chapter 1720-01-05.

History

• Authority: T.C.A. § 49-9-209(e) and Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: New rules filed January 6, 2016; effective April 5, 2016. Agency filed a 30 day stay on March 29, 2016; new effective date May 5, 2016.

Tenn. Comp. R. & Regs. 1720-03-01-.07 COLLEGE HONOR COUNCILS

(1) The general duties of a College Honor Council are to:

(a) Conduct hearings of alleged violations of the Honor Code;

(b) Keep adequate records of all hearings and transfer all case records of the case to the Office of Student Affairs; and (c) Forward findings and recommendations in Honor Code violation proceedings to the Dean of the College.

(2) Each College will establish policies and procedures governing the membership of the College Honor Council, including eligibility, how members are elected and removed, how alternates are elected and removed, how vacancies are filled, and which members may vote. Such policies and procedures described in Section .07(2) shall be published in the UTHSC student handbook.

(3) The associate dean for student affairs may assist and advise any student(s) charged with an Honor Code violation.

(4) The Dean of a College shall appoint one faculty advisor at each of its campuses to assist the College Honor Council. The Dean will determine whether a faculty advisor will be permitted to attend all College Honor Council proceedings and whether the faculty advisor may vote.

(5) A College Honor Council may issue a letter of warning to a student in the event of multiple complaints describing suspicious behavior but no guilty verdict. A letter of warning would warn the student his/her behavior is raising concern among classmates, staff, and faculty that the activity in question may violate the Honor Code. If the activity or behavior continues, a formal Notice of Charge may follow.

History

• Authority: T.C.A. § 49-9-209(e) and Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: New rules filed January 6, 2016; effective April 5, 2016. Agency filed a 30 day stay on March 29, 2016; new effective date May 5, 2016.

Chapter 1720-03-02 Library Fines

Tenn. Comp. R. & Regs. 1720-03-02-.01 Fines 1720-3-2.-01 FINES.

(1)Books - $0.50 cents per day, per item (with a two-day grace period before fines accrue).

(2)Reserve books - $1 for the first hour after they are due (10 a.m.) and $0.50 per hour for each successive hour (no grace period).

(3)Bound journals - $0.50 cents per day, per item (with a two-day grace period before fines accrue).

(4)Unbound journals - $1 per day (with a two-day grace period before fines accrue).

(5)Study carrel keys - $5 per day for each day after the key is due at the Library.

(6)When fines have accumulated to $10, borrowing privileges are suspended until fines are paid.

(7)All damage to books beyond reasonable wear and all losses should be reported to the Library by the borrower. Arrangements will then be made for the borrower to pay for the repair or replacement of the material.

History

• Authority: T.C.A. §49-9-209(e), Public Acts of Tennessee, 1839-1840, chapter 98, §5, and Public Acts of Tennessee, 1807, chapter 64.
• Administrative History: Original rule filed May 27, 1986; effective August 12, 1986. (For history prior to August 12, 1986 see page 2.) Amendment filed February 25, 2002; effective June 28, 2002.

Chapter 1720-03-03 Student Rights and Responsibilities

Tenn. Comp. R. & Regs. 1720-03-03-.01 INTRODUCTION

(1) Students at the University of Tennessee Health Science Center are members of both the University community and the larger community of which the University is a part. Accordingly, students are responsible for conducting themselves in a lawful manner and in compliance with University rules and policies. The University has established the following rules 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 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 law-abiding citizen.

(2) The University of Tennessee 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.

(3) Students are responsible for being fully acquainted and for complying with the University catalog, student handbook, and other rules and policies relating to students. Failure or refusal to comply with the rules and policies established by the University may subject a student to disciplinary action up to and including permanent dismissal from the University.

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 rule filed May 27, 1986; effective August 12, 1986. (For history prior to August 12, 1986, see pages (iii) - (v)). Amendment filed November 17, 2000; effective March 30, 2001. Repeal and new rule filed April 17, 2012; effective September 28, 2012.

Tenn. Comp. R. & Regs. 1720-03-03-.02 DEFINITIONS

The following words, terms, or phrases, when used in this Chapter, shall have the following meanings:

(1) Business Day: Any weekday not designated by the University as a holiday or administrative closure day. When calculating a time period of business days specified in this Chapter, the business day of the event that triggers a time period is excluded.

(2) Disciplinary Hold: The University hold described in Section .05(3).

(3) Faculty Member: A person hired by the University to conduct teaching, research, or supervised clinical placements.

(4) Formal Complaint: A document filed by a Complainant (or signed by the Title IX Coordinator) alleging that a Respondent engaged in sexual harassment, sexual assault, dating violence, domestic violence, stalking, or sexual exploitation, and requesting that the University investigate the allegation. There are two (2) types of Formal Complaints: (i) Formal Complaints that include Title IX Allegations (as defined under Section .02(15)); and (ii)

Formal Complaints that do not include Title IX Allegations, but do otherwise include allegations of sexual harassment, sexual assault, dating violence, domestic violence, stalking, or sexual exploitation.

(5) Good Faith: Having a belief in the truth of information that a reasonable person in the same position could have, based on the information known to the person communicating the information at the time the information was communicated by that person. Information is not communicated in good faith if it is communicated with knowing or reckless disregard for information that would negate the former information.

(6) Member of the University Community: A person who is a student, University employee, University volunteer, invited visitor to University-controlled property, or participant in a University-affiliated activity.

(7) Notice: Written notice transmitted by United States mail, courier service, or hand delivery to the address the University’s Registrar has on file for the student; and/or by e-mail to a 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 email address is the official method of communication used by the University.

(8) Possession: Direct control of a substance or property, actual knowledge of a substance or property, and/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.

(9) Protected Activity: A person’s good faith: (1) opposition to conduct prohibited under the Standards of Conduct; (2) report to the University about conduct prohibited under the Standards of Conduct to the University; (3) participation (or reasonable expectation of participation) in any manner in an investigation, meeting, hearing, or interim measure; or (4) exercise of rights or responsibilities under any provision of the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act.

(10) Sexual Harassment. Conduct on the basis of sex that satisfies one or more of the following:

(i) an employee of the University conditioning the provision of an aid, benefit, or service of the University on an individual’s participation in unwelcome sexual conduct; (ii) unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the University’s education program or activity; or (iii) sexual assault, dating violence, domestic violence, or stalking.

(11) Staff Member: A person employed by the University on a part- or full-time basis, primarily involved in planning, organizing, staffing, directing and/or controlling efforts to achieve the goals and objectives of the University.

(12) Standards of Conduct: Chapter 1720-03-03-.04.

(13) Student: For purposes of this Chapter:

(a) The term “student” means:

1. A person enrolled or registered for study at the University, either full-time or parttime, pursuing undergraduate, graduate, or professional studies, as well as nondegree and non-credit programs and courses;

2. A student organization;

3. A person who has completed the immediately preceding academic term and is eligible for re-enrollment;

4. A person who is not officially enrolled but who has a continuing relationship with the University (e.g., on educational leave or other approved leave status);

5. A person who attended the University during a previous academic term and who engaged in misconduct during the time of enrollment; and/or 6. A person who has been admitted to the University and later matriculates at the University, with respect to misconduct:

(i) That occurs as part of the application process; or (ii) That occurs post-admission and pre-matriculation and falls within the jurisdiction of this rule (e.g., occurs on University-controlled property).

(b) Residents, including interns and fellows, employed in Graduate Medical Education and similar training programs, are not “students” for purposes of this Chapter.

(14) Student Organization: An organization that is composed solely of University students that has submitted a pending application or has completed the process for registration according to University rules.

(15) Title IX Allegations: Allegations within a Formal Complaint that a Respondent’s conduct constitutes Sexual Harassment (as defined under Section .02(10)) in the University’s education program or activity and occurred within the United States as defined in 34 C.F.R. 106.30(a).

(16) UAPA: The Uniform Administrative Procedures Act, Tennessee Code Annotated §§ 4-5-101 et seq.

(17) University: The University of Tennessee Health Science Center, including without limitation its campuses, centers, institutes, and constituent parts.

(18) University-Affiliated Activity: means an activity on or off University-controlled property that is initiated, aided, authorized, sponsored, or supervised by the University.

(19) University-Controlled Property: All land, grounds, structures, or any other property owned, controlled, or operated by the University. For purposes of this rule, University-controlled property includes, without limitation, all streets, alleys, sidewalks, and public ways abutting such property. University-controlled property also includes computers and network systems owned, controlled, or operated by the University or funded by the University.

(20) University Official: An employee of the University, including, without limitation, faculty members and staff members, or, for purposes of this Chapter, a University-recognized volunteer, when acting in the performance of their duties. Student employees may be considered University officials when acting in the performance of their University duties.

(21) Weapon: Any device, instrument, or substance that is designed to, or reasonably could be expected to, inflict a wound, incapacitate, or cause serious bodily injury or death, including, without limitation, firearms (loaded and unloaded, real firearms and devices that would reasonably appear to a law enforcement officer to be real firearms), ammunition, electronic control devices (including but not limited to tasers and stun guns), devices designed to discharge an object (including but not limited to bb guns, air guns, pellet guns, potato guns, and slingshots, but not water guns), explosives, dangerous chemicals (including but not limited to 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 pocket knives that fold (but not excluding switchblades); chemical repellents available over-the-counter for selfdefense; instruments used solely for personal hygiene, preparation of food, maintenance, University-related instruction, or University employment-related duties.

(22) Written: To communicate words either on paper and/or electronically. For example, a notice delivered via e-mail constitutes a written notice under this rule.

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 rule filed May 27, 1986; effective August 12, 1986. (For history prior to August 12, 1986, see pages (iii) - (v)). Amendment filed October 31, 1990; effective January 29, 1991. Amendment filed November 20, 1990; effective February 27, 1991. Amendment filed September 3, 1992; effective December 29, 1992. Amendment filed June 18, 1996; effective October 28, 1996. Amendment filed November 17, 2000; effective March 30, 2001. Repeal and new rule filed April 17, 2012; effective September 28, 2012. Emergency rule filed August 27, 2015; effective through February 23, 2016. Amendment filed September 14, 2015; effective December 13, 2015. Emergency rules filed June 29, 2018; effective through December 26, 2018. Amendments filed June 29, 2018; effective September 27, 2018. Amendments filed September 30, 2019; effective December 29, 2019. Emergency rules filed August 13, 2020; effective through February 9, 2021. Emergency rules expired effective February 10, 2021, and the rules reverted to their previous statuses. Amendments filed December 17, 2020; effective March 17, 2021.

Tenn. Comp. R. & Regs. 1720-03-03-.03 JURISDICTION

(1) The Standards of Conduct, Chapter 1720-03-03-.04, apply to conduct that occurs on University-controlled property.

(2) The University also has the discretion to discipline a student for an act in violation of the Standards of Conduct that occurs off University-controlled property if the conduct adversely affects the interests of the University, including, but not limited to, conduct which:

(a) Occurs in connection with a University-affiliated activity, including, but not limited to, an overseas study program or a clinical, field, internship, or in-service experience;

(b) Involves another member of the University community; or (c) Threatens, or indicates that the student may pose a threat to, the health or safety of him/herself or others or the security of any person’s property, including, but not limited to, alcohol-related offenses, drug-related offenses, arson, battery, fraud, hazing, participation in group violence, rape, sexual assault or misconduct, stalking, and theft.

(3) The Standards of Conduct have been adopted in furtherance of the University’s interests and serve to supplement, rather than substitute for, the enforcement of the civil and criminal law.

Accordingly, University disciplinary action may be instituted against a student charged with conduct that potentially violates both the criminal law and the Standards of Conduct without regard to the pendency of criminal charges or civil litigation. At the discretion of the Chief Student Affairs Officer, or his/her designee, disciplinary action relating to a violation of the Standards of Conduct may be carried out prior to, simultaneously with, or following criminal proceedings. Students accused of violating the Standards of Conduct may not challenge the University disciplinary proceedings on the grounds that criminal charges, civil litigation, or other University proceedings regarding the same incident are pending or have been terminated, dismissed, reduced, or not yet adjudicated.

(4) Each student shall be responsible for his/her conduct from the time of application for admission 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 of actual enrollment (and even if conduct is not discovered by the University until after a degree is awarded). Should a student withdraw from the University with disciplinary charges pending, the student’s academic record and/or ability to register for classes may be encumbered by the appropriate University office.

(5) Graduate or professional programs within the University may initiate charges against students for alleged violations of professional standards or ethics as a separate issue or as an extension of alleged acts of academic dishonesty or other violations of the Standards of Conduct.

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 rule filed May 27, 1986; effective August 12, 1986. (For history prior to August 12, 1986, see pages (iii) - (v)). Amendment filed November 17, 2000; effective March 30, 2001. Repeal and new rule filed April 17, 2012; effective September 28, 2012.

Tenn. Comp. R. & Regs. 1720-03-03-.04 STANDARDS OF CONDUCT

Students are prohibited from engaging in the following types of misconduct:

(1) Academic Dishonesty. Cheating, plagiarism, or any other act of academic dishonesty, including, without limitation, an act in violation of the Honor Code.

(2) False Information. Providing false information to a University official.

(3) Misuse of Information in Connection with University Investigation or Hearing. Falsifying, distorting, misrepresenting, or withholding information in connection with a University investigation or hearing.

(4) Misconduct Relating to Records or Identification. Forging, altering, destroying, falsifying, or misusing records or identification, whether in print or electronic form.

(5) 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 or safety; 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.

(6) Harassment. Unwelcome conduct that is so severe, pervasive, and objectively offensive, that it substantially interferes with the ability of a person to work, learn, live, or participate in or benefit from the services, activities, or privileges provided by the University. In no event shall this rule be construed to discipline a student for speech protected by the First Amendment to the United States Constitution (e.g., mere insulting or offensive speech).

(7) Sexual Harassment, Sexual Assault, Dating Violence, Domestic Violence, Stalking, and/or Retaliation. Violating the University’s Policy on Sexual Harassment, Sexual Assault, Dating and Domestic Violence, and Stalking, which includes sexual exploitation and retaliation.

(8) Invasion of Privacy. Invasion of another person’s privacy when that person has a reasonable expectation of privacy, including, without limitation, using electronic or other means to make a video or photographic record of any person in a location in which the person has a reasonable expectation of privacy, without the person’s knowledge or consent. This includes, but is not limited to, making a video or photographic record of a person in shower/locker rooms or restrooms. The storing, sharing, and/or distributing of such nonconsensual recordings by any means is also prohibited.

(9) Private or Public Property. Any of the following conduct with respect to private or public property, including, without limitation, University-controlled property: theft; misappropriation; unauthorized possession, use, sale, duplication, or entry; vandalism; destruction; damage; or conduct that is reasonably likely to cause damage.

(10) Hazing. Any intentional or reckless act, on or off University-controlled property, by one (1) student, acting alone or with others, which is directed against any other student, which endangers the mental or physical health, safety, or welfare of that student, or which induces or coerces a student to endanger his or her mental or physical health, safety, or welfare.

“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.

(11) Disorderly Conduct. Fighting or other physically violent or physically threatening conduct; creating a hazardous or physically offensive condition by any act that serves no legitimate

purpose; making noise that could unreasonably disturb others who are carrying on lawful activities; or conduct that breaches the peace.

(12) Lewd, Indecent, or Obscene Conduct. Engaging in lewd, indecent, or obscene conduct, including, without limitation, public exposure of one’s sexual organs, public urinating, and public sexual acts.

(13) Imminent Lawless Action. Engaging in speech either orally or in writing that is directed to inciting or producing imminent lawless action and is likely to incite or produce such action.

(14) Fire Safety. Any act of arson; falsely reporting a fire, the presence of an explosive or incendiary device, or other emergency; setting off a false fire alarm; or tampering with, removing, or damaging fire alarms, fire extinguishers or any other safety or emergency equipment from its proper location except when removed in a situation in which there is a reasonable belief of the need for such equipment.

(15) University Keys, Access Cards, and Identification. Possessing, using, or duplicating University keys, University access cards, or University identification cards without authorization from the University.

(16) Information Technology. Theft, misuse, or unauthorized use of information technology facilities, resources, or access codes, including, without limitation: unauthorized entry into or transfer of a file; using another person’s identification and/or password without that person’s consent; using information technology facilities or resources to interfere with the work of another student, faculty member, staff member, or other member of the University community; using information technology facilities or resources to interfere with normal operation of a University information technology system or network; circumventing University information technology system or network security; using information technology facilities or resources in violation of copyright laws; falsifying an e-mail header; and conduct that violates the University’s policy on the acceptable use of information technology resources.

(17) Weapons. Possessing, carrying, using, storing, or manufacturing any weapon on Universitycontrolled property or in connection with a University-affiliated activity, unless authorized in writing by the Chief of Police or his/her designee or unless federal or state law affirmatively gives a student a right, irrespective of this Chapter, to possess or carry a weapon on University-controlled property or in connection with a University- affiliated activity.

(18) Alcohol-Related Conduct – University Property or University Activities. Consuming, manufacturing, possessing, distributing, dispensing, selling, or being under the influence of alcoholic beverages on University-controlled property or in connection with a Universityaffiliated activity unless expressly permitted by University policy.

(19) Alcohol-Related Conduct Prohibited by Law. Consuming, manufacturing, possessing, distributing, dispensing, selling, or being under the influence of alcoholic beverages, if prohibited by federal, state, or local law.

(20) Providing Alcohol to Underage Person. Providing an alcoholic beverage to a person younger than twenty-one (21) years of age, unless permitted by law.

(21) Drugs and Drug Paraphernalia. Using, manufacturing, possessing, distributing, selling, dispensing, or being under the influence of drugs, if prohibited by federal, state, or local law; using, manufacturing, possessing, distributing, or selling drug paraphernalia, if prohibited by federal, state, or local law; using or possessing a prescription drug if the prescription was not issued to the student; or distributing or selling a prescription drug to a person to whom the prescription was not originally issued.

(22) Failure to Fulfill a University Financial Obligation. Failing to timely fulfill a University bill, account, or other financial obligation owed to the University.

(23) Failure to Respond, Comply, or Identify. Failing to respond to a request to report to a University administrative office; failing to comply with a lawful directive of a University employee or other public official acting within the scope of his/her duties; or failing to identify oneself to a University employee or other public official acting within the scope of his/her duties when requested to do so.

(24) Failure to Appear. 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, unless the student has a right to not appear under state or federal law.

(25) Violation of Interim Administrative Actions, Disciplinary Sanctions, or Conditions of Re- Enrollment. Violating the terms of a no-contact directive, an interim restriction (e.g., interim suspension), a disciplinary sanction, or a condition of re-enrollment imposed by the University.

(26) Obstruction or Disruption of University Activity. Obstructing or disrupting teaching, learning, studying, research, public service, administration, disciplinary proceedings, emergency services, or any other University-affiliated activity, or the free flow of pedestrian or vehicular traffic on University-controlled property. In no event shall this rule be construed to discipline a student for speech protected by the First Amendment to the United States Constitution.

(27) Violation of University Policy or Rule. Violating a University policy or rule, including, without limitation, University policies or rules relating to facilities’ use, smoking, the acceptable use of information technology resources, research misconduct, finder’s fees relating to clinical investigations involving human subjects or access to University data or materials, University libraries, dining services, parking or transportation, University identification card use, sexual harassment, residence halls, and registered student organizations.

(28) Act Prohibited by Law. Committing an act that is prohibited by local, state, or federal law.

(29) Attempted Violation; Accessory to Violation. Attempting to commit a violation of a Standard of Conduct or being an accessory to the commission of an act or attempted act in violation of a Standard of Conduct.

(30) Retaliation. Engaging in retaliation. Retaliation 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, including, without limitation, any act or omission constituting “retaliation” under the University's Policy on Sexual Harassment, Sexual Assault, Dating and Domestic Violence, and Stalking and University rules. Retaliation violates the Standards of Conduct regardless of whether the underlying allegation of a violation of the Standards of Conduct is ultimately found to have merit. Retaliation can include, without limitation: (1) an act or omission committed against a person’s family, friends, advisors, and/or other persons reasonably expected to provide information in connection with a University investigation or hearing; and (2) an act or omission committed by a student through a third party.

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 rule filed May 27, 1986; effective August 12, 1986. (For history prior to August 12, 1986, see pages (iii) - (v)). Amendment filed October 31, 1990; effective January 29, 1991. Amendment filed November 17, 2000; effective March 30, 2001. Repeal and new rule filed April 17, 2012; effective September 28, 2012. Emergency rule filed August 27, 2015; effective through February 23, 2016. Amendment filed September 14, 2015; effective December 13, 2015. Amendments filed September 30, 2019; effective December 29, 2019. Emergency rules filed August 13, 2020; effective through February 9, 2021. Emergency rules expired effective February 10, 2021, and the rules reverted to their previous statuses. Amendments filed December 17, 2020; effective March 17, 2021.

Tenn. Comp. R. & Regs. 1720-03-03-.05 SANCTIONS

(1) Disciplinary sanctions are primarily intended to educate students and student organizations about appropriate behavior, encourage students and student organizations to take responsibility for misconduct, promote the personal and professional development of students, discourage other students and student organizations from violating the Standards of Conduct, and protect members of the University community. The sanctions imposed should be 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). Efforts are made to keep sanctions consistent with those applied to similar cases. In recognition of the fact that the University is an educational institution with a rehabilitative point of view, sanctions are assessed in accordance with conditions accompanying each offense. Consideration may also be given to the student’s or student organization’s conduct record; the student’s or student organization’s responsiveness to the conduct process; whether the student acted in self-defense, and, if so, whether the amount of force used was reasonable under the circumstances; student academic classification; and other aggravating or mitigating factors. Sanctions may be applied retroactively to the date of the offense. Intoxication or impairment because of alcohol, drugs, chemicals, or other substances does not diminish or excuse a student violation of the Standards of Conduct. Additionally, official violation notifications are given by the appropriate office, and official records are maintained in that office.

(2) The following sanctions may be imposed on any student found to have violated the Standards of Conduct:

(a) Disciplinary Warning. A disciplinary warning is a notice that the student is violating or has violated the Standards of Conduct. It is used for minor violations and consists of a restatement of the regulation violated with an official warning concerning future action.

(b) Disciplinary Reprimand. A disciplinary reprimand is used for minor violations of the Standards of Conduct when it is evident the misconduct occurred with knowledge and awareness of applicable Standards of Conduct. A reprimand indicates that further violations will result in more severe disciplinary actions. Reprimands may be given to students in either verbal or written form.

(c) Loss of Privilege. Loss of privilege is a sanction imposed most commonly in cases involving violation of University rules governing hours, social standards, intramural sports, or misuse of University facilities. The loss of privilege is ordinarily established for a specific period of time, and actions are recorded in appropriate records. Privileges that may be lost include, but are not limited to, scholarships, stipends, participation in extracurricular activities (e.g. intramurals), participation in social activities, and use of certain University-controlled property (e.g., information technology resources).

(d) Education. Students may be required to attend classes, at their own expense, dealing with issues such as the consequences of alcohol or drug use, civility, ethics, or other topics as deemed appropriate by the Chief Student Affairs Officer or his/her designee.

(e) Restitution. Restitution may be required in situations that involve destruction, damage, or loss of property, or unreimbursed medical expenses resulting from physical injury.

Restitution may take the form of a monetary payment or appropriate service to repair or otherwise compensate for the destruction, damage, or loss.

(f) Disciplinary Probation. Disciplinary probation means that a student is permitted to remain in the University on a probationary status. Should a violation occur during probation, the student is normally suspended. Disciplinary probation is recorded on the student's personnel file in the Office of Student Affairs. Conditions of probation are specific to the individual case and may include loss of eligibility to serve as a student organization officer or participation in major student activities. Any specific probation conditions are described in a personal letter to the student. Other conditions of probation are specific to each individual case and may include a requirement of community service or other requirement or restriction.

(g) Suspension. The sanction of suspension is imposed in cases of serious or repeated misconduct or a violation of probation. A student who is suspended shall have his/her registration cancelled and is not eligible to apply for readmission for a designated period of time. Suspensions are always recorded on the student’s permanent record.

(Persons suspended from the University may not return to the campus for the duration of their suspension, except to conduct official business with an administrative officer or faculty member).

(h) Permanent Dismissal. Permanent dismissal means that a student is permanently barred from matriculating as a student at the University of Tennessee Health Science Center. This sanction is used when the violation of one (1) or more of the Standards of Conduct is deemed so serious as to warrant total and permanent disassociation from the University community without the possibility of re-enrollment; or when, by his/her repeated violation of the Standards of Conduct, a student exhibits blatant disregard for the health and safety of other members of the University community or the University’s right to establish rules of conduct.

(i) Revocation of Degree. Revocation of a degree means revoking a student’s degree already awarded by the University. Revocation of a degree shall be approved by the University of Tennessee Board of Trustees.

(3) A disciplinary hold may be placed on a student’s account until the completion of the student disciplinary process and/or until the student satisfies the terms and conditions of any sanctions imposed. A student who, at the time of commencement, is subject to a continuing disciplinary sanction or an unresolved disciplinary charge shall not be awarded a degree before the conclusion of all sanctions and/or resolution of all disciplinary charges.

(4) The following sanctions may be imposed on a student organization found to have violated the Standards of Conduct:

(a) Disciplinary Warning. A disciplinary warning is used for minor violations of the Standards of Conduct and consists of a restatement of the Standard of Conduct violated with an official warning concerning future action.

(b) Loss of Privilege. This sanction is intended to serve as a reminder of the Standards of Conduct and is for a specific period of time. Examples of privileges that may be lost include participating in extracurricular activities (e.g., intramurals), housing privileges, participating in social activities, and using certain University-controlled property.

(c) Education. Student organizations or their representatives may be required to attend classes, at their own expense, dealing with issues such as the consequences of alcohol or drug use, civility, ethics, or other topics as deemed appropriate by the Chief Student Affairs Officer, Student Conduct Officer, and/or his/her designee.

(d) Restitution. Restitution may be required in situations that involve destruction, damage, or loss of property, or unreimbursed medical expenses resulting from physical injury.

Restitution may take the form of a monetary payment or appropriate service to repair or otherwise compensate for the destruction, damage, or loss.

(e) Social Probation. This sanction 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 University-affiliated activities.

Any exceptions to social probation must be approved, in advance, by the Chief Student Affairs Officer or his/her designee.

(f) Disciplinary Probation. Disciplinary probation means that a student organization is permitted to retain University registration on a probationary status. Violation of the Standards of Conduct during the period of disciplinary probation may result in more serious sanctions, including revocation of University registration.

(g) Revocation of University Registration. In cases of serious misconduct, a student organization’s University registration may be revoked.

(5) More than one (1) of the sanctions listed above may be imposed for any single violation of the Standards of Conduct.

(6) Except for an interim suspension, disciplinary sanctions shall not become effective until after opportunities for appeal have been exhausted. Sanctions may be applied retroactively to the date of the offense. Coursework performed while disciplinary charges are pending or disciplinary proceedings are underway shall be considered conditional. Coursework may be affected or disregarded based on a final finding of misconduct or the sanctions imposed, which may result in loss of course credit, a loss of tuition and/or fees, a delay in the awarding of a degree, or revocation of a degree that was awarded prior to a final decision in the disciplinary proceeding.

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 rule filed May 27, 1986; effective August 12, 1986. (For history prior to August 12, 1986, see pages (iii) - (v)). Amendment filed November 13, 1987; effective February 28, 1988. Amendment filed October 31, 1990; effective January 29, 1991. Amendment filed August 31, 1995; effective December 30, 1995. Amendment filed January 13, 1999; effective May 31, 1999. Amendment filed November 17, 2000; effective March 30, 2001. Repeal and new rule filed April 17, 2012; effective September 28, 2012. Amendments filed September 30, 2019; effective December 29, 2019.

Tenn. Comp. R. & Regs. 1720-03-03-.06 NO CONTACT DIRECTIVES

In cases involving allegations of assault, injury, sexual abuse, harassment, or in cases where there is reason to believe continued contact between a student/student organization and specific persons, including complainants and witnesses, may interfere with those persons’ security, safety or ability to participate effectively in work or studies, the Chief Student Affairs Officer, or his/her designee, may require that the student/student organization not have verbal, physical, or written contact with specific persons for a definite or indefinite period of time. The student/student organization will receive notice of the no contact directive. 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/student organization. In addition to an internal University no contact directive, complainants are advised that other similar options exist and can be obtained from law enforcement and civil and criminal courts.

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 rule filed May 27, 1986; effective August 12, 1986. (For history prior to August 12, 1986, see pages (iii) - (v)). Repeal filed November 13, 1987; effective February 28, 1988. Repeal and new rule filed April 17, 2012; effective September 28, 2012.

Tenn. Comp. R. & Regs. 1720-03-03-.07 INTERIM SUSPENSION

(1) When the Chief Student Affairs Officer or his/her designee has reasonable cause to believe that a student’s or student organization’s continued presence on University-controlled property or at University-affiliated activities poses a significant risk of substantial harm to the health or safety of others or to property or poses an ongoing threat to the disruption of, or interference with, the normal operations of the University, the Chief Student Affairs Officer or his/her designee may impose an interim suspension prior to the conclusion of a full hearing on the alleged misconduct.

(2) An interim suspension shall be confirmed by a notice that explains the basis for the interim suspension and shall remain in effect until the conclusion of a full hearing in accordance with the rules of the University of Tennessee, which shall be held without undue delay.

(3) Within three (3) business days of the imposition of the suspension, the student or student organization shall be offered an opportunity to appear personally before the Chief Student Affairs Officer or his/her designee in order to discuss the following issues only: (i) the reliability of the information concerning the student’s or student organization’s conduct; and (ii) whether the conduct and surrounding circumstances reasonably indicate that the student’s or student organization’s continued presence on University-controlled property or at University-affiliated activities poses a significant risk of substantial harm to the health or safety of others or to property or poses an imminent threat of disruption of or interference with the normal operations of the University.

(4) During an interim suspension, the student or student organization shall be denied access to University-controlled property, including residence halls, and all other University-affiliated activities or privileges for which the student might otherwise be eligible, as the Chief Student Affairs Officer or his/her designee determines in his/her sole discretion to be appropriate. A student or student organization who receives an interim suspension and violates the terms of the interim suspension shall be subject to further disciplinary action and may be treated as a trespasser. Permission to be on University-controlled property or participate in Universityaffilia ted activities may be granted by the Chief Student Affairs Officer or his/her designee.

(5) Notwithstanding any other provision in this Section .07 to the contrary, in any case in which a Formal Complaint is filed that includes Title IX Allegations, the Chief Student Affairs Officer may impose an interim suspension on a student only after undertaking an individualized safety and risk analysis, and determining that an immediate threat to the physical health or safety of any student or other individual arisi ng from the allegations of Sexual Harassment justifies removal of the student. The Chief Student Affairs Officer will provide the student notice and an opportunity for the student to challenge an interim suspension or removal within three (3) business days.

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 rule filed May 27, 1986; effective August 12, 1986. (For history prior to August 12, 1986, see pages (iii) - (v)). Amendment filed October 31, 1990; effective January 29, 1991. Amendment filed August 31, 1995; effective December 30, 1995. Repeal and new rule filed April 17, 2012; effective September 28, 2012. Emergency rules filed August 13, 2020; effective through February 9, 2021. Emergency rules expired effective February 10, 2021, and the rules reverted to their previous statuses. Amendments filed December 17, 2020; effective March 17, 2021.

Tenn. Comp. R. & Regs. 1720-03-03-.08 HEARING PROCEDURES

(1) Conflicts of Interest.

(a) The student conduct process must be carried out in a manner that is free from conflicts of interest or bias and is consistent with due process of law.

(b) In all cases involving allegations of sexual assault, dating violence, domestic violence, or stalking and/or retaliation, the student conduct process must include protections for the accused student/respondent analogous to, and no less protective than, the conflict of interest provisions of Tennessee Code Annotated § 4-5-303. Notwithstanding the preceding sentence: (1) an attorney for the University is allowed to provide legal advice to multiple University employees who serve in different roles in the process of disciplining a student; and (2) the University is allowed to provide the alleged victim/complainant with equivalent rights as the accused student/respondent during the student conduct process.

(2) Allegations of Sexual Harassment, Sexual Assault, Dating Violence, Domestic Violence, Stalking, or Sexual Exploitation.

(a) Case Initiation. In cases involving allegations of sexual harassment, sexual assault, dating violence, domestic violence, stalking, or sexual exploitation, the student conduct process is initiated upon the filing of a Formal Complaint by a Complainant or by the Title IX Coordinator. As soon as practicable after the filing of a Formal Complaint, the Student Conduct Officer will provide a Notice of Receipt of Formal Complaint to the parties who are known. The Notice of Receipt of Formal Complaint shall include the following information: (1) notice of the student conduct process that applies to the allegations; (2) the identities of the parties involved in the incident; (3) the conduct allegedly constituting the violation; (4) the date and location of the incident, if known;

(5) a statement that the Respondent is presumed not responsible for the alleged conduct; (6) a statement that a determination regarding responsibility is made at the conclusion of the student conduct process; (7) the parties’ right to have an advisor of their choice, who may be, but is not required to be, an attorney; (8) the parties’ right to inspect and review evidence; and (9) notice of the provisions of the Standards of Conduct that prohibit providing false information to a University official.

(b) Right to an Advisor. The Complainant and the Respondent each may be assisted by one (1) advisor of their choice and at their own cost during all stages of the student conduct process. The advisor may be, but is not required to be, an attorney. If a Complainant or Respondent does not have an advisor present at a Title IX Hearing, the University must provide one (selected by the University) without fee or charge to that party. The role of an advisor is limited to assisting, advising, and/or supporting a Complainant or Respondent during the student conduct process, including at all meetings, investigative interviews, and hearings. An advisor is not permitted to speak for or on behalf of a Complainant or Respondent, appear in lieu of a Complainant or Respondent, participate as a witness, or participate directly in any other manner during any phase of the student conduct process, except in a Title IX Hearing. In a Title IX Hearing, the advisor is permitted to speak on behalf of a Complainant or Respondent for the purposes of asking questions of the other party and witnesses, in accordance with Section .08(5)(e)6. of this Chapter.

(c) Investigations.

1. Investigations of allegations of sexual harassment, sexual assault, dating violence, domestic violence, stalking, or sexual exploitation will be conducted by the Student Conduct Officer or another person or organization designated to serve as the investigator in accordance with University rules or policy.

2. Investigations will be conducted in a prompt, fair, and impartial manner.

3. When conducting an investigation, the Student Conduct Officer (or other designated investigator) will act as a fair and impartial party rather than as a representative of either party.

4. During an investigation, the Complainant(s), the Respondent(s), witnesses, or any other persons may be interviewed, and other relevant information and documentation will be obtained as applicable. The Student Conduct Officer (or other designated investigator) may re-interview the Complainant(s), Respondent(s), witnesses, and/or any other person at any time during the investigation in order to obtain additional and/or clarifying information.

5. During an investigation, the Student Conduct Officer will (1) ensure that the burden of proof and burden of gathering evidence rests on the University and not on the parties; (2) provide an equal opportunity for the parties to identify and present witnesses for interview, including fact witnesses and expert witnesses, and other inculpatory and exculpatory evidence; and (3) provide written notice of the date, time, location, participants, and purpose of all investigative interviews and other meetings, with sufficient time to prepare to participate.

6. The Student Conduct Officer will provide both parties with an equal opportunity to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in the Formal Complaint. Prior to completion of the investigative report, the Student Conduct Officer will send to each party and the party’s advisor, if any, the evidence subject to inspection and review. The parties must have at least ten (10) business days to submit a written response, which the Student Conduct Officer will consider prior to completion of the investigative report. After the investigative report is completed, the parties must have at least ten (10) business days to submit a written response to the report, and no hearing shall occur until that period has lapsed even if the parties have submitted responses prior to the expiration of the ten (10) day period.

(d) Other Rights. In addition to any other rights provided under this Code, the Complainant and the Respondent in a case involving allegations of sexual harassment, sexual assault, dating violence, domestic violence, stalking, or sexual exploitation shall have the rights outlined in the University’s Policy on Sexual Harassment, Sexual Assault, Dating and Domestic Violence, and Stalking.

(3) Notice of Charges.

(a) A person charged with misconduct will receive written notification of the following:

1. The substance of the charge(s) against him/her.

2. The disciplinary action taken or proposed.

3. His/her right to a hearing should he/she wish to contest the charge(s) or action.

4. To whom a request for a hearing should be addressed.

5. That a request for a hearing must be made within five (5) days of the person’s receipt of this notice.

6. His/her right to be accompanied by no more than one (1) advisor during the hearing, including but not limited to a parent, spouse, friend, or attorney. The role of the advisor shall be limited to providing advice or support to the accused st udent. Even if accompanied by an advisor, the accused student is responsible for presenting his/her own case to the hearing panel. An advisor is not permitted to: introduce evidence; raise objections; present arguments; address directly the members of the hearing panel, the student conduct officer, or any witnesses participating in the hearing; or otherwise participate in the hearing. In consideration of the limited role of the advisor, and of the compelling interest of the University to expeditiously conclude the matter, a hearing shall not be delayed due to the unavailability of an advisor.

7. His/her rights to a hearing under the Uniform Administrative Procedures Act, T.C.A. §§ 4-5-101 et seq. (“UAPA”). In the absence of a voluntary written waiver of his/her rights to a hearing under the provisions of the UAPA, a requested hearing will be conducted in accordance with the University’s rules for conducting contested case proceedings under the UAPA, Chapter 1720-01-05, and the hearing procedures in this Section .08 shall not apply.

(b) The preceding provisions of this Section .08(3)(a) do not apply to cases in which a Formal Complaint has been filed that includes Title IX Allegations.

(4) Hearing Panel or Hearing Examiner.

(a) Notice of Hearing Concerning Allegations of Sexual Assault, Dating Violence, Domestic Violence, or Stalking and/or retaliation. At least seventy-two (72) hours prior to a hearing under this Section .08(4) concerning allegations of sexual assault, dating violence, domestic violence, or stalking and/or retaliation, the University shall provide the accused student/respondent with notice of the following: (1) the time, place, and date of the hearing; (2) the name of each witness the University expects to present at the hearing and those the University may present if the need arises; (3) notice of 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 (4) 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.

(b) Hearing Panel or Hearing Examiner - A requested hearing will be provided by a panel of individuals or a hearing examiner, selected in accordance with policies of the University or, in the absence of applicable policies or procedures, by the Chancellor of the University or his/her designee. The hearing will be conducted by a panel chairman similarly selected. Panel members shall be impartial and anyone lacking such impartiality shall recuse himself or be removed by the Chancellor of the University or his/her designee upon the request of any party to a hearing. Neither the Student Conduct Officer nor a person who investigated the allegations of misconduct against the accused student shall be a member of the hearing panel or advise the hearing panel.

(c) Hearing Process - The chairman of a hearing panel or hearing examiner will conduct the hearing, without regard to technical rules of procedure, in such manner as will best serve the cause of justice within the following general guidelines:

1. Each party to a hearing will be aff orded a full and fair opportunity to present all evidence including witnesses, reasonably relating to the charge or action at issue; evidence which is irrelevant, immaterial, repetitious or voluminous may be limited.

2. The hearing panel or examiner will consider all evidence presented, giving due consideration to the credibility or weight of each item presented; technical rules of evidence will not apply.

3. Each party will have the right to question opposing witnesses.

4. A record will be made of the hearing procedures. However, defects in the record will not invalidate the proceedings.

5. The University will have the burden of providing, by a preponderance of the evidence, the truth of the charge(s) at issue. Where the charge(s) is found to be true, the person charged will have the burden of proving that the disciplinary action taken or proposed is arbitrary, capricious, or unreasonable.

6. Following the conclusion of the hearing, the hearing panel or examiner will consider the evidence and present written findings within a reasonable time.

7. In cases involving an allegation of sexual assault, dating violence, domestic violence or stalking, the hearing procedures shall be modified to afford the parties all of the rights required by Title IX of the Education Amendments of 1972, the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, and other applicable law.

(d) For purposes of this Section .08(4), the decision of any board or administrative officer of the University of Tennessee is subject to review by the Chancellor.

(e) The preceding hearing provisions of this Section .08(4) do not apply to cases in which a Formal Complaint is filed alleging Title IX Allegations. All such Formal Complaints will proceed to a Title IX Hearing in accordance with Section .08(5) unless resolved prior to the Title IX Hearing.

(5) Title IX Hearings.

(a) Any case involving Title IX Allegations will be resolved through a Title IX Hearing. The Title IX Hearing must be conducted in accordance with 34 C.F.R. 106.45.

(b) Appointment of Title IX Hearing Officer. The Chief Student Affairs Officer will appoint a qualified Title IX Hearing Officer to conduct the Title IX Hearing and will notify the parties and their advisors, if any, of the appointment. The Title IX Hearing Officer may be a University employee, a team of University employees, an external person engaged to conduct the Title IX Hearing, or a team of external people engaged to conduct the Title IX Hearing. A party may object to the appointment of any Title IX Hearing Officer, in writing to the Office of Student Conduct. Any objection must be received within three (3) business days of the notice of appointment, and it must state the party’s grounds for objecting. The Chief Student Affairs Officer will decide whether an objection is justified, and that decision is final. If a Title IX Hearing Officer is removed based on an objection, the Chief Student Affairs Officer will appoint a new qualified Title IX Hearing Officer to conduct the Title IX Hearing.

(c) Notice of Title IX Hearing.

1. When a Notice of Title IX Hearing is Sent. The Title IX Hearing Officer will send the Respondent and the Complainant a Notice of Title IX Hearing at least ten (10) business days in advance of the date of the hearing.

2. Information in the Notice of Title IX Hearing. The Notice of Title IX Hearing will contain, or be accompanied by, the following information: (1) the date, time, and place of the Title IX Hearing; (2) notice of 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 University must provide an advisor of the University’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; (3) notice that any cross-examination of any other party or witness must be conducted by the advisor, and never by a party personally; and (4) notice that all of the evidence obtained as part of the investigation that is directly related to the allegations raised in the Formal Complaint will be available to the parties at the hearing. Other pre-hearing information may also be included in the Notice of Title IX Hearing. Any Title IX Hearing may be rescheduled by the Title IX Hearing Officer or upon request of any party and for good cause shown.

3. Consequences of Failing to Attend a Title IX Hearing. If a party fails to attend a Title IX Hearing, the Title IX Hearing Officer may proceed with the Title IX Hearing without that party’s participation.

(d) General Rules Governing Title IX Hearings.

1. The Title IX Hearing will take place no sooner than ten (10) business days after the parties’ receipt of the written investigative report.

2. The Title IX Hearing Officer may conduct pre-hearing meetings or conferences with the parties and their advisors, if any, to discuss any pre-hearing issues, including but not limited to, the date of the hearing, the location of the hearing, any technology to be used at the hearing, the general rules governing the hearing, including any rules of decorum, the identification of witnesses, and the availability of evidence at the hearing, 3. Each party must notify the Title IX Hearing Officer at least five (5) business days before the hearing of the identity of the party’s advisor, if any, or that the party does not have an advisor so that the University can provide an advisor.

3. At the request of either party, the Student Conduct Officer will provide for the hearing to occur with the parties located in separate rooms with technology enabling the Title IX Hearing Officer and parties to simultaneously see and hear the party or the witness answering questions.

4. Upon request of a party and for good cause shown, the Title IX Hearing Officer may permit the participation of witnesses at the Title IX Hearing who were not identified by the party to the investigator, or the inclusion of evidence at the Title IX Hearing that was not provided by the party to the investigator.

(e) Procedural Rules for Title IX Hearings.

1. Authority of the Title IX Hearing Officer. The Title IX Hearing Officer has the

authority to maintain order and make all decisions necessary for the fair, orderly, and expeditious conduct of the Title IX Hearing. The Title IX Hearing Officer shall be the final decision maker concerning what, how, and in what order witnesses are questioned and evidence is examined.

2. Exclusion of Information.

(i) 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.

(ii) The University cannot 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 which are made and maintained in connection with the provision of treatment to the party, unless the University obtains that party’s voluntary, written consent to do so.

(iii) The University cannot 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.

3. Preliminary Matters. The Title IX Hearing Officer shall begin the hearing by explaining the substance of the allegations and the specific University rule or policy allegedly violated.

4. Attendance and Participation. Attendance during a Title IX Hearing generally is limited to the Title IX Hearing Officer, a representative from the Office of Student Conduct, the Complainant and the Complainant's advisor, the Respondent and the Respondent's advisor, and witnesses. Witnesses may attend the Title IX Hearing only while they are presenting information to the Title IX Hearing Officer, unless the witness is the Complainant or the Respondent. The Title IX Hearing Officer and the Student Conduct Officer have the discretion to allow other persons to attend the Title IX Hearing, in accordance with state and federal law.

5. Opening Statements. The Complainant and then the Respondent may make a brief statement of no longer than ten (10) minutes to the Title IX Hearing Officer, and they may provide a written copy of their statements to the Title IX Hearing Officer at the hearing. The Title IX Hearing Officer will provide a copy of any written statement received to the other party.

6. Questioning the Witnesses. Following any opening statements, the Title IX Hearing Officer will question the Complainant, the Respondent, and any witnesses requested by the parties or deemed to have relevant information by the Title IX Hearing Officer. The Title IX 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 crossexamination must be conducted directly, orally, and in real time by the party’s advisor of choice and never by a party personally. Only relevant crossexamination and other questions may be asked of a party or witness. Before the Complainant, the Respondent, or any witness answers a cross-examination or other question, the Title IX Hearing Officer must first determine whether the question is relevant and explain any decision to exclude a question as not relevant. If a party or witness does not submit to cross-examination at the hearing, the Title IX Hearing Officer must not rely on any statement of that party or witness in reaching a determination regarding responsibility; provided, however, that the Title IX Hearing Officer cannot draw an inference about the determination regarding responsibility based solely on a party’s or witness’s absence from the hearing or refusal to answer cross-examination or other questions.

7. Closing Statements. At the close of the Title IX Hearing, the Title IX Hearing Officer may allow the Complainant and the Respondent equal opportunities to make statements summarizing the information presented to the Title IX Hearing Officer and/or advocating the decision that the Title IX Hearing Officer should reach.

(f) Recording of the Title IX Hearing. The University will create an audio or audiovisual recording or transcript of the hearing and make it available to the parties for inspection and review.

(g) Notice of Decision. Within fifteen (15) business days of the hearing, the Title IX Hearing Officer must issue a written determination regarding responsibility (“Notice of Decision”). The Notice of Decision must include 1. identification of the allegations potentially constituting Sexual Harassment; 2. 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; 3. findings of fact supporting the determination; 4. conclusions regarding the application of the Standards of Conduct to the facts; 5. a statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any disciplinary sanctions imposed on the Respondent, and whether remedies designed to restore or preserve equal access to the University’s education program or activity will be provided by the University to the Complainant; and 6. the procedures and permissible bases for the Complainant and Respondent to appeal. In deciding the appropriate sanctions for a Respondent’s misconduct, the Title IX Hearing Officer may consider information provided at the hearing by the Complainant, the Respondent, or any other witness with relevant information concerning the appropriate sanctions, if the Respondent is determined responsible.

(h) Notice of Decision to the Student Conduct Officer. The Title IX Hearing Officer shall transmit a copy of the Notice of Decision to the Student Conduct Officer. The Student Conduct Officer shall notify the Respondent, the Complainant, and their advisors about the written determination and provide a copy of it simultaneously to the parties and their advisors.

(i) Appeal of Decision of Title IX Hearing Officer. The Complainant and the Respondent may appeal the decisions of the Title IX Hearing Officer (or the dismissal of a Formal Complaint), but the grounds for appeal are limited to those described in Section .08(5)(i)(2).

1. Notice of Appeal. The Notice of Appeal shall be received by the Vice Chancellor of Academic, Faculty, and Student Affairs (VCAFSA) within five (5) business days of the date that the Student Conduct Officer transmitted the Notice of Decision.

2. 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:

(i) Procedural Error. A procedural irregularity affected the outcome of the matter.

(ii) New Evidence. New evidence that was not reasonably available at the time the determination regarding responsibility was made that could affect the outcome of the matter.

(iii) Conflict of Interest or Bias. The Title IX Coordinator, the investigator(s), or the Title IX 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.

(iv) Clearly Unreasonable Sanction. The sanction(s) imposed by the Title IX Hearing Officer is clearly unreasonable (i.e., has no sound basis or justification in reason).

(v) Clearly Erroneous Outcome. The Title IX Hearing Officer made a clear error in determining that the Respondent is or is not responsible for misconduct.

3. Appeal Process. Each party may submit a written statement in support of or challenging the outcome of the Title IX Hearing. The written statement must be received by VCAFSA within five (5) business days of the date on which the Notice of Appeal was filed, or on which the non-appealing party received notice that the other party filed a Notice of Appeal. Within five (5) business days of the receipt of the last written statement, the VCAFSA will issue a written decision (Notice of Title IX Final Decision) describing the result of the appeal and the rationale for the result, which will be provided simultaneously to both parties. The decision of the VCAFSA is final and not further appealable.

(6) Emergency Conditions. When, in the judgment of the Chancellor of the University, conditions are such than an emergency exists which makes it impossible for the system of judicial boards to function, he/she may suspend the procedural regulations described in this Chapter.

If the procedures are suspended, he may substitute for them arrangements for handling disciplinary matters that will ensure the orderly functioning of the University and at the same time safeguard the basic rights of the students.

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 rule filed April 17, 2012; effective September 28, 2012. Emergency rule filed August 27, 2015; effective through February 23, 2016. Amendment filed September 14, 2015; effective December 13, 2015. Emergency rules filed June 29, 2018; effective through December 26, 2018. Amendments filed June 29, 2018; effective September 27, 2018. Amendments filed September 30, 2019; effective December 29, 2019. Emergency rules filed August 13, 2020; effective through February 9, 2021. Emergency rules expired effective February 10, 2021, and the rules reverted to their previous statuses. Amendments filed December 17, 2020; effective March 17, 2021.

Tenn. Comp. R. & Regs. 1720-03-03-.09 STUDENT IDENTIFICATION CARDS

(1) All currently registered students are required to have a University Identification Card. Lost and found I.D. cards should be reported to the Office of Campus Safety and Security.

Replacement for lost cards may be obtained from the Office of Campus Safety and Security.

A replacement charge will be assessed.

(2) In order to determine the identity of students, all students are required to present their University identification cards promptly on request of a University police officer or member of the administration or faculty of the University. Identification cards will not ordinarily be retained; however, a card may be retained if an emergency situation exists or if the card may be needed as evidence. The retained card, if valid, will be returned to the student as soon as possible.

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 rule filed April 17, 2012; effective September 28, 2012. Amendments filed September 30, 2019; effective December 29, 2019.

Tenn. Comp. R. & Regs. 1720-03-03-.10 STUDENT HEALTH INSURANCE

All students are required to obtain basic health care and medical care insurance to protect themselves, their families, their professional health care associates and providers. The student may elect to enroll in the University’s student health insurance plan or obtain equivalent health insurance with a private carrier. Students who fail to furnish proof of insurance coverage will be prevented from completing their registration for that academic term.

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 rule filed April 17, 2012; effective September 28, 2012. Amendments filed September 30, 2019; effective December 29, 2019.

Chapter 1720-03-04 The Registration and Conduct of Student Organizations

Tenn. Comp. R. & Regs. 1720-03-04-.01 INTRODUCTION

(1)When groups of students wish to have a continuous association, intended to last beyond the term of those immediately involved, it is proper that they be required to qualify for and be registered at the University. All registered associations should be accorded the same privileges and bound by the same obligations. University registration does not mean endorsement of the purposes or activities of any association by the faculty or administration. It means only that the association is accepted as meeting the minimum requirements set for all student associations.

(2)National professional fraternities and sororities have their own governing and advisory organizations.

Acceptance of these organizations as responsible agencies, through which the University may deal with their affiliates on the campus, is a part of the continuing University registration.

History

• Authority: Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5 and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Repeal and new rule filed May 27, 1986; effective August 12, 1986. Amendment filed August 31, 1995; effective December 30, 1995.

Tenn. Comp. R. & Regs. 1720-03-04-.02 STUDENT ORGANIZATION REGISTRATION

(1)Any association of students wishing to have itself registered officially as a campus organization in order to utilize University facilities or funds allocated by the state for student activities must submit an application for review by the Student Government Association Executive Council (SGAEC).

(a)The Student Government Association’s Executive Council may recommend registration of any student organization to the Office of Student Life.

(b)The Office of Student Life will advise, in writing, the student organization seeking registration within thirty days whether or not the recommendation is approved.

(c)The decision of the Office of Student Life may be appealed to the Vice Chancellor for University Relations.

(d)The Vice Chancellor for University Relations will review the appeal and advise the Office of Student Life of his decision.

History

• Authority: T.C.A. §4-9-209(e).
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Repeal and new rule filed May 27, 1986; effective August 12, 1986. Amendment filed August 31, 1995; effective December 30, 1995. Amendment filed November 17, 2000; effective March 30, 2001. Amendment filed February 25, 2002; effective June 28, 2002.

Tenn. Comp. R. & Regs. 1720-03-04-.03 OBTAINING REGISTRATION

(1)Procedure: Any group wishing registration must file application with the Office of Student Life. The Office of Student Life in turn must submit to the Student Government Association s Executive Council for review and recommendation.

(a)Failure of Office of Student Life to submit application of Student Government Association’s Executive Council at their next meeting will be justification for organization to present their application to Student Government Association s Executive Council president for action at the subsequent meeting.

(2)Constitution: Any group petitioning for registration as a student organization must present a constitution following a standard form to facilitate reference. Professional fraternities may be required to submit the equivalent national affiliation or other pertinent information. The constitution must contain the following information.

(a)The name of the organization.

(b)A statement of purpose for the organization.

(c)Membership eligibility requirements.

(d)A listing of officers by title, and any special functions of the offices.

(e)A statement of the terms of the officers, and time and method of election.

(f)Frequency of meetings.

(g)A statement of any membership dues, including amount of frequency of payment and provision for disposition of any funds in the event of dissolution of the organization.

(h)Any other provision relating to the purpose and function of the particular organization.

(3)Purpose: The statement of purpose shall be acceptable.

(a)If it is reasonably clear and specific as to the aims and activities of the organization.

(b)If the stated aims and activities of the organization are compatible with the academic function of the University, with the maintenance of order and propriety on the campus, and with the requirements of the University as a corporate entity with legal obligations.

(4)Size and Continuity: No maximum or minimum number of members shall be required for registration.

The group petitioning, however, and the anticipated membership as represented by the eligibility requirements, should be sufficient to give reasonable prospects of continuity for the organization, and ability to carry out the purposes stated in the constitution.

(5)Membership, Eligibility and Records: Voting membership in registered student organizations shall be limited to students of the University except where membership of faculty or other University staff is consistent with the structure and purpose stated in the constitution. Accurate membership records must be maintained and available to the faculty adviser.

(6)Officers must be full-time students; if non-students, they must be members of the faculty or University staff. When an election is held in a registered student organization, the names of the new officers must be transmitted to the Office of Student Life.

History

• Authority: Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5 and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Repeal and new rule filed May 27, 1986; effective August 12, 1986. Amendment filed October 31, 1990; effective January 29, 1991. Amendment filed August 31, 1995; effective December 30, 1995.

Tenn. Comp. R. & Regs. 1720-03-04-.04 HAZING

Student organizations are prohibited from engaging in hazing activities.

History

• Authority: T.C.A. §49-7-123.
• Administrative History: Original rule filed June 18, 1996; effective October 28, 1996.

Tenn. Comp. R. & Regs. 1720-03-04-.05 AFFILIATION

Registered student organizations may be affiliated with organizations off the campus, where such affiliation is:

(1)Clearly indicated, either by the title of the organization or its constitution at the time of registration, or by specific statements in connection with any activities growing out of a later affiliation.

(2)Consistent with the purposes set forth in the constitution of the organization, and with the provisions of this document governing student association on the campus.

(3)Not such as to change significantly the nature of the organization is an associate of students, with primary interests on the campus. University facilities may be reserved for organizational and other ad hoc meetings in keeping with the principles of this policy and with University regulations.

Responsibility shall be fixed on the individual or individuals making the request. Groups which have not registered within a reasonable period of activity (normally a period of three months of a series of three meetings necessitating requests for University facilities) may be denied any of the privileges accorded students organizations. All temporary groups are expected to follow the requirements of this policy for activities on campus, with regard to use of facilities, and the posting and distribution of printed materials.

History

• Authority: Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Repeal and new rule filed May 27, 1986; effective August 12, 1986. Amendment filed August 31, 1995; effective December 30, 1995. (Formerly 1720-3-4-.04)

Tenn. Comp. R. & Regs. 1720-03-04-.06 SUSPENSION OF REGISTRATION THROUGH INACTIVITY

(1)When the organization does not show a reasonable amount of activity in promoting the ends and purposes in its constitution, as evidenced by membership meetings and other activities, registration may be suspended. Registered student organizations are expected to provide a brief report of their year’s activity upon request of the Office of Student Life. An organization suspended through inactivity may be reactivated by application to the Office of Student Life, subject to review by the SGAEC, by a group reaffirming its existing constitution and showing reasonable prospects of organizational continuity. Registration may be withdrawn from any organization suspended as inactive for four years.

History

• Authority: Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Repeal and new rule filed May 27, 1986; effective August 12, 1986. Amendment filed August 31, 1995; effective December 30, 1995. (Formerly 1720-3-4-.05)

Tenn. Comp. R. & Regs. 1720-03-04-.07 SUSPENSION OF REGISTRATION FOR CAUSE

(1)Registered student organizations are expected to conduct their activities in accordance with their constitutions, and with the procedure and limits set forth in this document. Any organization which ignores the procedure or exceeds the limits stated herein shall be warned by the Office of Student Life.

If repeated or flagrant violations occur following such warning, registration of the organization may be suspended by the SGAEC, subject to appeal to the Vice Chancellor for Student Affairs. A suspended organization may not hold their meetings on the campus, or otherwise request the privileges of a registered orientation;

(2)The group must petition for re-establishing by submitting a new constitution, or submitting the old one, in order to reactivate the organization.

History

• Authority: Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Repeal and new rule filed May 27, 1986; effective August 12, 1986. Amendment filed August 31, 1995; effective December 30, 1995. (Formerly 1720-3-4-.06)

Tenn. Comp. R. & Regs. 1720-03-04-.08 DENIAL OF REGISTRATION

(1)A refusal by the SGAEC to recommend to the Office of Student Life registration for a student organization must be based on one or more of the following:

(a)If the objective or purposes are illegal under local, state or federal laws or do not conform with regular University regulations.

(b)If the organization would in the opinion of the SGAEC constitute a clear and present danger to continued or proper functioning of the University, or if its purposes are outside of the educational functions of the University.

(2)The SGAEC shall use the following procedures prior to any recommendations that an organization not be registered.

(a)If the organization’s constitution does not conform with those requirements set forth in the policies governing student organizations, the council or its representative(s) shall meet informally with the organization in order to explain the violations and how the organization can meet the requirements by revising its constitution.

(b)If the violations are not eliminated or seem to fall under those criteria listed under Paragraph A above, the SGAEC shall hold a hearing to determine whether the organization should be registered.

(c)Prior to the hearing the SGAEC shall issue to the organization an order to show cause why registration should not be denied and stating the reasons for issuance of said show cause order.

(d)It shall notify the organization in writing of the date, time, and place of hearing before the SGAEC on the show cause order.

(e)It shall permit the organization to appear at the hearing with an advisor of its choice and to present evidence and argument in its behalf.

(f)If the SGAEC determines that registration should not be granted, it shall issue a written report, a copy of which must be given to the organization, explaining the reasons for its negative recommendations to the Vice Chancellor for University Relations.

History

• Authority: T.C.A. §49-9-209(e), Public Acts of Tennessee, 1839-1840, Chapter 98, §5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Repeal and new rule filed May 27, 1986; effective August 12, 1986. Amendment filed August 31, 1995; effective December 30, 1995. Amendment filed February 25, 2002; effective June 28, 2002.

Chapter 1720-03-05 Maintenance of Ethical and Professional Standards

Tenn. Comp. R. & Regs. 1720-03-05-.01 MAINTENANCE OF ETHICAL AND PROFESSIONAL STANDARDS

Failure to maintain the high ethical and professional standards of the various disciplines of the health profession may subject a student to suspension or other appropriate remedial action by the University.

(1) A student enrolled at The University of Tennessee Health Science Center is subject to disciplinary action up to and including suspension and dismissal for engaging in the following acts of misconduct, regardless of whether such misconduct is engaged in on or off University-owned or -controlled property:

(a) Commission of an offense classified as a felony by Tennessee's criminal statutes or by Federal criminal statutes.

(b) Unlawful use, possession, or sale of drugs or narcotics, whether or not felonious.

(c) Plagiarism, falsification of records, or other act which substantially impugns the integrity of the student.

(d) Other unprofessional and unethical conduct which would bring disrepute and disgrace upon both student and profession and which would tend to substantially reduce or eliminate the student's ability to effectively practice the profession in which discipline he or she is enrolled.

(2) A student applying for admission to The University of Tennessee Health Science Center shall also be subject to the above provisions and may be denied admission on the basis of his or her failure to maintain the aforementioned ethical and professional standards.

History

• Authority: T.C.A. §49-9-209(e).
• Administrative History: Original rule filed May 27, 1986; effective August 12, 1986. (For history prior to August 12, 1986 see pages (iii) - (v)). Amendment filed August 31, 1995; effective December 31, 1995. Amendment filed November 17, 2000; effective March 30, 2001. -- 1 of 1 --

Chapter 1720-03-06 Repealed

Tenn. Comp. R. & Regs. 1720-03-06-.01 REPEALED

History

• Authority: T.C.A. § 49-9-209(e) and Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Repealed by Public Chapter 575; effective July 1, 1986. New rule filed May 27, 1986; effective August 12, 1986. Amendment filed August 31, 1995; effective December 30, 1995. Repeal filed September 16, 2016; effective August 1, 2017.

Tenn. Comp. R. & Regs. 1720-03-06-.04 REPEALED

History

• Authority: T.C.A. § 49-9-209(e) and Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed August 31, 1995; effective December 30, 1995. Amendment filed November 17, 2000; effective March 30, 2001. Repeal filed September 16, 2016; effective August 1, 2017.

Tenn. Comp. R. & Regs. 1720-03-06-.02 REPEALED

History

• Authority: T.C.A. § 49-9-209(e) and Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed May 27, 1986; effective August 12, 1986. Amendment filed August 31, 1995; effective December 30, 1995. Repeal filed September 16, 2016; effective August 1, 2017.

Tenn. Comp. R. & Regs. 1720-03-06-.03 REPEALED

History

• Authority: T.C.A. § 49-9-209(e) and Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: New rule filed May 27, 1986; effective August 12, 1986. Amendment filed August 31, 1995; effective December 30, 1995. Repeal filed September 16, 2016; effective August 1, 2017.

Chapter 1720-03-07 Traffic and Parking Regulations

Tenn. Comp. R. & Regs. 1720-03-07-.01 GENERAL

(1) On July 20, 1968, a resolution was adopted by The University of Tennessee Board of Trustees which established parking authorities on each of the campuses of the University.

The resolution provided these parking authorities with a mandate to prepare traffic, parking and safety regulations, to establish parking fee schedules, and to impound automobiles which are parked in violation of said regulations.

(2) The University of Tennessee Health Science Center Parking Authority has established regulations in regard to traffic and parking activities on the UT Health Science Center campus. These regulations provide for the implementation, administration and enforcement through procedures developed by the Parking Services Offices. The regulations cover violations, penalties and appeals and are as follows:

History

• Authority: T.C.A. §49-9-209(e).
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Repeal and new rule filed May 27, 1986; effective August 12, 1986. Amendment filed October 31, 1990; effective January 29, 1991. Amendment filed September 3, 1992; effective December 29, 1992. Amendment filed November 17, 2000; effective March 30, 2001.

Tenn. Comp. R. & Regs. 1720-03-07-.02 VIOLATIONS AND PENALTIES

(1) Citations may be issued and penalties imposed for violations of these regulations. Receipt of six (6) or more citations, paid or unpaid (but not including citations under appeal), may result in forfeiture of parking privileges for the remainder of the current academic year and/or impoundment of the vehicle.

(a) Parking Permit Violations - Ten dollars ($ 10.00) per citation except as noted:

1. No permit, improperly displayed permit, mutilated permit, or expired permit.

2. Forging, copying, or using an altered, lost or stolen permit; displaying a permit not issued to vehicle; or falsifying information for the purpose of securing subscribed permit ($25.00 fine plus possible loss of parking privileges).

3. Registration of two vehicles and parking of both vehicles within the assigned area at the same time during normal working hours (Monday through Friday, 7:30 a.m.

• 5:00 p.m.).

4. Parking out of assigned area during normal working hours (Monday - Friday, 7:30 a.m. - 5:00 p.m.).

(b) Parking Violations -Ten dollars ($10.00) per citation except as noted (municipal penalties may also be imposed):

1. Parking in a no-parking zone or other unauthorized area.

2. Parking in a loading zone for more than 20 minutes without flashers on, or so as to block a dumpster.

3. Parking in a fire lane or so as to obstruct access to a fire hydrant twenty-five dollars ($25.00) per citation.

4. Parking so as to block or obstruct traffic, street, sidewalk, driveway, building entrance or exit or vehicle.

5. Parking in the wrong direction on a one way street.

6. Parking overtime.

7. Disability parking violation, as defined by State law (e.g., an unauthorized use of a disabled parking space, ramp, plate, or placard; parking a vehicle so that a portion of the vehicle encroaches into a disabled parking space in a manner which restricts, or reasonably could restrict, a person confined to a wheelchair from exiting or entering a vehicle properly parked within the disabled parking space).

The fine for a disability parking violation is set by State law, Tennessee Code Annotated section 55-21-108. As of July 1, 2008, the fine was set at two hundred dollars ($200). The fine imposed under these regulations will increase or decrease automatically when increased or decreased by State law. The fine for a disability parking violation shall not be suspended or waived. In addition to the fine, not more than five (5) hours of community service work may be imposed for a disability parking violation. Any community service work requirements imposed shall be to assist the disabled community by monitoring disabled parking spaces, providing assistance to disability centers or to disabled veterans, or other such purposes.

8. Double parking.

(c) Moving Violations - Twenty-five dollars ($25.00) per citation.

1. Failing to obey traffic control signal or sign.

2. Driving off the roadway or street.

3. Operating a vehicle without a valid driver’s license.

4. Failing to obey police officer.

5. Reckless driving and/or racing.

6. Driving at excessive speeds.

7. Failing to yield right-of-way at pedestrian crossing.

8. Leaving the scene of an accident.

9. Failing to signal turn or stop.

10. Driving the wrong way on a one-way street.

11. Following too closely.

12. Operating a vehicle that is mechanically unsafe.

13. Driving while under the influence of alcohol or narcotics.

14. Operating vehicles causing loud or unnecessary noises, such as loud mufflers, horns, p.a. systems, etc.

15. Any other actions considered moving violations.

16. Breaking gate arm (plus cost of repairs or replacement).

History

• Authority: T.C.A. §49-9-209(e).
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Repeal and new rule filed May 27, 1986; effective August 12, 1986. Amendment filed October 31, 1990; effective January 29, 1991. Amendment filed September 3, 1992; effective December 29, 1992. Amendment filed January 13, 1999; effective May 31, 1999. Amendment filed November 17, 2000; effective March 30, 2001. Amendment filed October 30, 2007; effective February 28, 2008. Amendment filed November 17, 2008; effective March 30, 2009.

Tenn. Comp. R. & Regs. 1720-03-07-.03 IMPOUNDMENT OF VEHICLES

(1) A parked vehicle may be impounded and an $80.00 fee imposed:

(a) If it is parked in a fire lane or obstructing access to a fire hydrant.

(b) If it is parked in a manner which blocks access to a dumpster that is scheduled to be emptied.

(c) If it is parked in a manner which blocks access to UT Health Science Center garages, lots, buildings, facilities or campus thoroughfares.

(d) If it is parked illegally in a reserved parking area.

(e) For a disability parking violation.

(f) When the vehicle displays a permit that has been reported lost or stolen.

(g) When a vehicle displays a forged or altered permit.

(h) When a vehicle has six (6) or more unpaid citations that have not been appealed and the vehicle is found parked on UT Health Science Center property, provided the owner of such vehicle is first notified in writing of the existence of delinquent citations and UT Health Science Center’s intent to tow such vehicle when it is found on UT Health Science Center property, whether parked legally or illegally. Vehicle will then be held until said citations are paid in full.

(i) If it is parked on campus after parking privileges have been forfeited.

(ii) If it is parked illegally and creates an emergency situation.

History

• Authority: T.C.A. §49-9-209(e).
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Repeal and new rule filed May 27, 1986; effective August 12, 1986. Amendment filed October 31, 1990; effective January 29, 1991. Amendment filed September 3, 1992; effective December 29, 1992. Amendment filed November 17, 2000; effective March 20, 2001. Amendment filed November 17, 2008; effective March 30, 2009.

Tenn. Comp. R. & Regs. 1720-03-07-.04 APPEALS

(1) Citations which are to be appealed must be appealed in writing within fifteen (15) calendar days from the date of issue. Faculty, staff, and UT Health Science Center visitors appeal to:

The Parking Appeals Hearing Panel, Parking Services, The University of Tennessee Health Science Center, TN 38163. Students appeal to: The Student Appeals Board, Room 309 Student/Alumni Center, Memphis, TN 38163. For each parking violation citation not paid within thirty (30) calendar days after the date of issue, or the date of denial of an appeal, whichever is later, a five dollar ($5.00) late fee shall be assessed and added to the citation fine.

(2) Anyone claiming an impounded vehicle shall have the right to an immediate hearing by a neutral hearing examiner appointed by the Vice President for Health Affairs or his designee.

The hearing examiner, after conducting a hearing, will direct either the release of the vehicle or payment of the appropriate charges as a condition for the release of the vehicle, depending on whether the findings, in the hearing examiner's opinion, indicate that a violation occurred.

History

• Authority: T.C.A. §4-9-209(e).
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Amendment filed July 29, 1983; effective October 14, 1983. Repeal and new rule filed May 27, 1986; effective August 12, 1986. Amendment filed October 31, 1990; effective January 29, 1991. Amendment filed August 31, 1995; effective December 30, 1994. Amendment filed November 17, 2000; effective March 30, 2001.

Tenn. Comp. R. & Regs. 1720-03-07-.05 REPEALED

History

• Authority: Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Repeal filed July 29, 1983; effective October 14, 1983.

Tenn. Comp. R. & Regs. 1720-03-07-.06 REPEALED

History

• Authority: Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Repeal filed July 29, 1983; effective October 14, 1983.

Tenn. Comp. R. & Regs. 1720-03-07-.07 REPEALED

History

• Authority: Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Repeal filed May 27, 1986; effective August 12, 1986.

Tenn. Comp. R. & Regs. 1720-03-07-.09 REPEALED

History

• Authority: Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Amendment filed August 31, 1982; effective November 15, 1982. Repeal filed May 27, 1986; effective August 12, 1986.

Tenn. Comp. R. & Regs. 1720-03-07-.08 REPEALED

History

• Authority: Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Amendment filed August 31, 1982; effective November 15, 1982. Repeal filed May 27, 1986; effective August 12, 1986.

Tenn. Comp. R. & Regs. 1720-03-07-.10 REPEALED

History

• Authority: Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Amendment filed August 31, 1982; effective November 15, 1982. Repeal filed May 27, 1986; effective August 12, 1986.

Tenn. Comp. R. & Regs. 1720-03-07-.11 REPEALED

History

• Authority: Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Repeal filed October 16, 1979; effective November 30, 1979. Repeal and new rule filed December 30, 1980; effective March 31, 1981. Amendment filed August 31, 1982; effective November 15, 1982. Amendment filed October 16, 1984; effective January 14, 1985. Repeal and new rule filed May 27, 1986; effective August 12, 1986.

Tenn. Comp. R. & Regs. 1720-03-07-.12 REPEALED

History

• Authority: Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Repeal filed December 29, 1980; effective March 31, 1981.

Tenn. Comp. R. & Regs. 1720-03-07-.13 REPEALED

History

• Authority: Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Repeal filed December 29, 1980; effective March 31, 1981.

Tenn. Comp. R. & Regs. 1720-03-07-.14 REPEALED

History

• Authority: Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Repeal filed May 27, 1986; effective August 12, 1986.

Tenn. Comp. R. & Regs. 1720-03-07-.15 REPEALED

History

• Authority: Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Repeal and new rule filed July 29, 1983; effective October 14, 1983. Repeal filed May 27, 1986; effective August 12, 1986.

Tenn. Comp. R. & Regs. 1720-03-07-.16 REPEALED

History

• Authority: Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Repeal and new rule filed July 29, 1983; effective October 14, 1983. Repeal filed May 27, 1986; effective August 12, 1986.

Tenn. Comp. R. & Regs. 1720-03-07-.17 REPEALED

History

• Authority: Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed October 16, 1984; effective January 14, 1985. Repeal filed May 27, 1986; effective August 12, 1986.

Chapter 1720-03-08 Repealed

Tenn. Comp. R. & Regs. 1720-03-08 Repealed

RULES

OF THE UNIVERSITY OF TENNESSEE HEALTH SCIENCE CENTER 1720-3-13

REPEALED -- 1 of 1 --

Chapter 1720-04-01 Access to Campus

Tenn. Comp. R. & Regs. 1720-04-01-.01 I.D

CARDS.

(1)Each student at the University is required to obtain and carry an official University Identification Card. This card is used to check out books from the library, to use the check cashing service, to gain admission to certain events sponsored by the University or student organizations, to obtain discounts on items from certain local businesses, and to establish the owner’s right to use University facilities.

The card is property of the University and may be reclaimed if used by any person other than the one whose signature it bears. It must be shown when requested by any University official.

History

• Authority: Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5 and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Repealed by Public Chapter 575; effective July 1, 1986. New rule filed May 27, 1986; effective August 12, 1986. Amendment filed August 31, 1995; effective December 30, 1995.

Tenn. Comp. R. & Regs. 1720-04-01-.02 REPEALED

History

• Authority: Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5 and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Repealed by Public Chapter 575; effective July 1, 1986.

Tenn. Comp. R. & Regs. 1720-04-01-.03 REPEALED

History

• Authority: Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5 and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Repealed by Public Chapter 575; effective July 1, 1986.

Tenn. Comp. R. & Regs. 1720-04-01-.04 REPEALED

History

• Authority: Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5 and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Repealed by Public Chapter 575; effective July 1, 1986.

Chapter 1720-04-02 Types of Registered Student Organizations

Tenn. Comp. R. & Regs. 1720-04-02-.01 POLICY OVERVIEW

(1)At UT, voluntary associations of students are an important part of the educational process. The University has a positive responsibility to encourage such associations as a means by which students can develop full civic and social awareness. In doing so it neither endorses nor disclaims any particular idea, system of thought or point of view. The ultimate testing place for all of these is not in any one office or council, but in the minds of responsible citizenry.

(2)When groups of students wish to have a continuous association causing them to congregate for activities on the campus, requiring from time to time the use of University facilities and holding themselves out to the general public as a group centered on the campus, it is proper that they be registered by the University. All registered associations shall be accorded the same privileges and bound by the same obligations. Registration by the University does not constitute endorsement of the purposes or activities of an association by the faculty, administration or student body.

History

• Authority: T.C.A. §49-9-209(e).
• Administrative History: New rule filed May 27, 1986; effective August 12, 1986. (For history prior to August 12, 1986 see pages (iii)-(v).) Amendment filed August 31, 1995; effective December 30, 1995. Amendment filed November 17, 2000; effective March 30, 2001.

Tenn. Comp. R. & Regs. 1720-04-02-.02 CATEGORIES OF STUDENT ORGANIZATIONS

(1)General. With the exception of social fraternities and sororities, whose relationship with the institution requires a more detailed and exacting peer and administrative review, any group of students may seek to register as either a Continuing or Temporary Registered Student Organization.

(2)Continuing Registered Student Organizations. Any group of at least 10 students meeting the requirements contained herein and whose purpose for existing is presumed to endure beyond a given academic semester is considered a Continuing Registered Student Organization.

(3)Temporary Registered Student Organization. Any group of at least 10 students meeting the requirements contained herein and whose purpose for existing is presumed to be less than 90 days is considered to be a Temporary Registered Student Organization.

(4)Student Political Parties. Any group of at least 10 students meeting the requirements contained herein and whose purpose for existing is presumed to endure through elections for Student Government only will be considered a Student Political Party.

History

• Authority: T.C.A. §4-9-209(e).
• Administrative History: New rule filed May 27, 1986; effective August 12, 1986. (For history prior to August 12, 1986 see pages (iii)-(v).) Amendment filed August 31, 1995; effective December 30, 1995. Amendment filed November 17, 2000; effective March 30, 2001. TYPES OF REGISTERED STUDENT ORGANIZATIONSCHAPTER-1720-4-2

Tenn. Comp. R. & Regs. 1720-04-02-.03 SORORITIES AND FRATERNITIES

Any group seeking to establish a social fraternal organization on campus must contact either the Interfraternity or Panhellenic Council for procedures and policies relative to this action. Registration is granted by the Provost on the recommendation of the Student Affairs staff.

Withdrawal of registration of social fraternal organizations may be initiated by the University administration or the respective governing body with the final decision being the responsibility of the University administration. Social fraternities and sororities shall not be required to reveal their secret rituals provided these rituals do not conflict with local, state or federal law or with University regulations.

History

• Authority: T.C.A. §49-9-209(e).
• Administrative History: New rule filed May 27, 1986; effective August 12, 1986. (For history prior to August 12, 1986 see pages (iii)-(v).) Amendment filed March 22, 1990; effective June 26, 1990. Amendment filed August 31, 1995; effective December 30, 1995. Amendment filed November 17, 2000; effective March 30, 2001.

Tenn. Comp. R. & Regs. 1720-04-02-.04 ADVISORY COMMITTEE ON STUDENT ORGANIZATIONS

(1)The Office of the Dean of Students shall utilize an Advisory Committee on Student Organizations in the procedural review of constitutions of proposed organizations. The ACSO may also formulate and recommend rules, regulations, and policies regarding registered student organizations.

(2)Matters pertaining to policies within an organization shall be the concern of the organization and its advisory council. Matters pertaining to the relationship of an organization to other organizations or to the University shall be the concern of the ACSO.

(3)Student members of the ACSO shall be appointed by the President of the Student Body with the approval of the Student Government Association. The Dean of Students will appoint a staff person to serve as committee secretary and liaison with the Office of the Dean of Students.

History

• Authority: T.C.A. §49-9-209(e).
• Administrative History: New rule filed May 27, 1986; effective August 12, 1986. (For history prior to August 12, 1986 see pages (iii)-(v).) Amendment filed August 31, 1995; effective December 30, 1995. Amendment filed November 17, 2000; effective March 30, 2001. 1720-4-2- 05 REGISTRATION PROCESS. (1)New organizations may register any time during the year except during the last two weeks of an academic term. To apply, an organization must complete the proper form provided by the Office of the Dean of Students and submit three copies of its constitution to the Office of the Dean of Students for review. Local chapters of regional or national organizations will be required to submit their local constitution and, in addition, any statements of their parent organization to which their local constitution refers or which determine local policy above and beyond that which is stated in local constitution. The local constitution must contain the following: (a)The name of the organization. The phrase "The University of Tennessee" is regarded as a trademark and consequently cannot precede the name of a campus organization; however, the phrase may follow the name, e.g., Chess Club at The University of Tennessee. (b)A statement of the purpose. Said purpose must include aims and activities legal under local, state, and federal law, and this statement of purpose must be in conformity with written University regulations. It is required that the actual purpose of a student organization conform with the purposes stated within the organization’s constitution. (c)Membership eligibility requirements. Registered student organizations, including those affiliated with an extramural organization, shall be open to all students - unless the organization, by its nature, exists explicitly for a certain subgroup - in selecting its membership. There must be no discrimination with respect to race, gender, disability, religion or national origin. This statement must appear verbatim in organization constitutions. TYPES OF REGISTERED STUDENT ORGANIZATIONSCHAPTER-1720-4-2 (d)Officers. A listing of the names and titles of all officers as well as the names of at least ten (10) petitioning members shall be submitted with the constitution. This information should be completed on a form provided by the Office of the Dean of Students. Officers must be full-time students, except for organizations where membership is composed of both faculty and student members and a faculty member may serve as an officer. To be eligible to serve as an officer of a registered student organization, a student must be in good academic standing at the time of his/her election or appointment and during his/her term of office. In addition, a student may be judged ineligible for the office if found guilty by a Student Disciplinary Board of a violation of Student Standards of Conduct. When an election is held in a registered student organization, the names of the new officers must be transmitted to the Office of the Dean of Students within one (1) week. (e)A statement of the terms of officers and the time and method of election. (f)Frequency of meetings. (g)Financial statement. A statement of any membership dues, including amount and frequency of payment; agreement that all funds will be received and disbursed through the Student Activities Business Office if the organization receives University Programs and Services Fee Funds; and a provision for the disposition of funds remaining in the event of the dissolution of the group must be included. (h)Provision for faculty advisor. All registered student organizations must choose one or more advisors, and a provision for this selection must be included in the constitution, but the name of the advisor(s) should not be listed. Except for local chapters of national social fraternities and sororities, which may have alumni advisors, the advisor shall be a full-time faculty member or administrative officer. In procuring an advisor, questions regarding faculty or administrative status should be referred to the Office of the Dean of Students. Advisors are responsible for being familiar with the constitution and purposes of the student organization they are advising and with University policies regarding student organizations. Advisors may counsel their organization in the exercise of responsibility, but they do not have the authority to control the policy of the organization. The officers of the organization are responsible for keeping their advisors aware of the policies and actions of their organization. Financial records must be available to the organization's advisors at all times. (2)The ACSO will review the constitution and any other information available in order to determine whether the organization conforms to the policies and regulations established for the registration of University student organizations. Authority: T.C.A. §49-9-209(e).

Tenn. Comp. R. & Regs. 1720-04-02-.06 RECOMMENDATION FOR REGISTRATION

(1)If the ACSO determines that the organization should be registered, it will so recommend to the Dean of Students in writing and provide a copy of said correspondence to the petitioning group. The group may begin operation ten days after receipt of the letter unless notified in writing that the Dean of Students has rejected the Committee’s recommendation.

(2)All prospective organizations are allowed three organizational meetings in University facilities prior to action of the ACSO.

TYPES OF REGISTERED STUDENT ORGANIZATIONSCHAPTER-1720-4-2

History

• Authority: Public Acts of Tennessee, 1839-1840, chapter 98, Section 5 and Public Acts of Tennessee, 1807, chapter 64.
• Administrative History: New rule filed May 27, 1986; effective August 12, 1986. (For history prior to August 12, 1986 see pages (iii)-(v).) Amendment filed August 31, 1995; effective December 30, 1995.

Tenn. Comp. R. & Regs. 1720-04-02-.07 HAZING

Student organizations are prohibited from engaging in hazing activities

History

• Authority: T.C.A. §49-7-123.
• Administrative History: Original rule filed June 18, 1996; effective October 28, 1996.

Tenn. Comp. R. & Regs. 1720-04-02-.08 DENIAL OF REGISTRATION

(1)A refusal by the ACSO to recommend registration of a student organization or a refusal by the Dean of Students to register an organization must be based on one or more of the following grounds:

(a)The statement of purpose is illegal under local, state, or federal laws or does not conform with written University regulations.

(b)The organization would, in the opinion of the ACSO or the Dean of Students, constitute a danger to the continued or proper functioning of the University.

History

• Authority: Public Acts of Tennessee, 1839-1840, chapter 98, Section 5 and Public Acts of Tennessee, 1807, chapter 64.
• Administrative History: New rule filed May 27, 1986; effective August 12, 1986. (For history prior to August 12, 1986 see pages (iii)-(v).) Amendment filed August 31, 1995; effective December 30, 1995. (Formerly 1720-4-2- .07)

Tenn. Comp. R. & Regs. 1720-04-02-.09 TERMS OF REGISTRATION

(1)An updated list of registered organizations is prepared each term by the Office of the Dean of Students.

Organizations must complete the Information Form provided by the Office of the Dean of Students in order to be included on the official list.

(2)A student organization may be removed from the list of registered organizations by the ACSO or the Dean of Students if:

(a)The organization does not show a reasonable amount of activity in promoting the ends and purposes specified in its constitution, as evidenced by membership meetings and other activities.

Student organizations are expected to comply when requested to provide a brief report on their year’s activities.

(b)The organization violates University regulations, including those governing student organizations, or local, state or federal laws.

History

• Authority: T.C.A. §49-9-209(e).
• Administrative History: New rule filed May 27, 1986; effective August 12, 1986. (For history prior to August 12, 1986 see pages (iii)-(v).) Amendment filed March 22, 1990; effective June 26, 1990. Amendment filed August 31, 1995; effective December 30, 1995. (Formerly 1720-4-2-.08). Amendment filed January 13, 1999; effective May 31, 1999. Amendment filed November 17, 2000; effective March 30, 2001.

Tenn. Comp. R. & Regs. 1720-04-02-.10 APPEALS

(1)Any decision by the Dean of Students refusing to register an organization or any decision by the ACSO to withdraw registration from an organization may be appealed to the Students Affairs Council by the affected organization. In addition, any decision by the ACSO to refuse to withdraw registration from an organization upon request by the Dean of Students may be appealed by the Dean of Students to the Student Affairs Council.

TYPES OF REGISTERED STUDENT ORGANIZATIONSCHAPTER-1720-4-2

(2)When a decision by the ACSO or the Dean of Students is appealed, the Student Affairs Council shall abide by the following procedures in hearing the appeal:

(a)The ACSO or Dean of Students (depending on whose decision is being appealed) has the burden of proving the charges against the organization, including the presentation of a detailed statement of why the organization should be denied registration or registration should be withdrawn under the University’s policy governing student organizations.

(b)The organization may be represented by an advisor of its choice.

(c)The organization may present a defense against the charges. A copy of the charges must have been provided to the organization a reasonable time in advance of the hearing, along with all information available to the ACSO or the Dean of Students in drawing up the charges.

(3)The decision of any board or administrative officer of The University of Tennessee is subject to review by the Provost and the President.

History

• Authority: T.C.A. §49-9-209(e).
• Administrative History: New rule filed May 27, 1986; effective August 12, 1986. (For history prior to August 12, 1986 see pages (iii)-(v).) Amendment filed October 31, 1990; effective January 29, 1991. Amendment filed August 31, 1995; effective December 30, 1995. (Formerly 1720-4-2-.09). Amendment filed November 17, 2000; effective March 30, 2001.

Tenn. Comp. R. & Regs. 1720-04-02-.11 AFFILIATIONS

(1)Registered student organizations may be affiliated with an organization off the campus where such affiliation is:

(a)Clearly indicated, either by the title of the organization or its constitution at the time of registration, or by specific statements in connection with any activities growing out of a later affiliation.

(b)Consistent with the purposes set forth in the constitution.

(c)Not such as to change significantly the nature of the organization as primarily an association of students on campus. Affiliation with an extramural organization does not of itself affect the right of a student organization to operate on the campus. When seeking registration, the student organization must make clear those obligations imposed on the local chapter by extramural affiliation.

(d)When there is a conflict between the policies and procedures of the extramural organization and those of the University (e.g., policies pertaining to membership eligibility or voting privileges), the obligation of the student organization is to the University and its policies.

History

• Authority: T.C.A. §49-9-209(e).
• Administrative History: New rule filed May 27, 1986; effective August 12, 1986. (For history prior to August 12, 1986 see pages (iii)-(v).) Amendment filed August 31, 1995; effective December 30, 1995. (Formerly 1720-4-2-.10). Amendment filed November 17, 2000; effective March 30, 2001.

Chapter 1720-04-03 Student Code of Conduct

Tenn. Comp. R. & Regs. 1720-04-03-.01 PREAMBLE

(1) Students at the University of Tennessee are members of both the University community and the larger community of which the University is a part. Accordingly, students are responsible for conducting themselves in a lawful manner as well as in compliance with University rules and policies. In addition, the University has developed a set of aspirational goals titled, Principles of Civility and Community, which encourages all members of the University community to foster a learning environment where diversity is valued, respected, and celebrated.

(2) The University has established the Student Code of Conduct (“Code”) in order to advance the mission of the University and sustain a culture of excellence by: maintaining a safe learning environment; requiring students to conduct themselves in ways that allow for their personal growth and development as well as others, in the most positive manner possible; protecting the rights and privileges of all members of the University community; providing a basis for orderly conduct of the affairs of the University; promoting a positive relationship between the University and its surrounding community; preserving the University’s reputation 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 law-abiding citizen.

(3) The University’s behavioral standards are set forth in the Code’s Standards of Conduct (Section .04). Students who engage in conduct that is inconsistent with the Standards of Conduct are subject to University disciplinary action. The process by which the University investigates and resolves alleged violations of the Standards of Conduct is called the student conduct process. The student conduct process resolves allegations of misconduct but also is an educational process designed to promote learning and development as it relates to appropriate decision making. The student conduct process is consistent, fair, and provides means of resolution that are commensurate with the skills and abilities of the participants in the process.

(4) The effectiveness of the student conduct process rests partially upon the participation of all members of the University community. Active participation in the process by students, faculty, and staff reflects a willingness to address the difficult issues brought before them for the betterment of individual students and the University community. This involvement is vital to the establishment of true community standards.

(5) Authority and responsibility relating to the Code are delegated to the Vice Chancellor for Student Life, who has delegated certain authority and responsibility to the Office of Student Conduct and Community Standards (“SCCS”).

(6) The University is committed to respecting students’ constitutional rights. The Code 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.

(7) Students are responsible for being fully acquainted with and for complying with the Code, the applicable undergraduate or graduate catalog, the student handbook (Hilltopics), and other rules and policies relating to students.

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 rule filed September 15, 1976; effective October 15, 1976. Amendment filed March 29, 1978; effective June 14, 1978. Repealed by Public Chapter 575, effective July 1, 1986. New rule filed May 27, 1986; effective August 12, 1986. Amendment filed October 31, 1990; effective January 29, 1991. Amendment filed August 31, 1995; effective December 30, 1995. Repeal and new rule filed April 12, 2012; effective September 28, 2012. Repeal and new rules filed May 24, 2017; effective August 22, 2017. Amendments filed May 14, 2021; effective August 12, 2021. Amendments expired pursuant to Chapter 1024, § 1 of the 2022 Public Acts, effective May 11, 2022, and the rule reverted to its previous status.

Tenn. Comp. R. & Regs. 1720-04-03-.02 JURISDICTION

(1) Geographical Limits. The Code applies to the conduct of a student that occurs on Universitycontrolled property. With respect to a student’s conduct that does not occur on Universitycontrolled property, the University has the discretion to discipline a student for conduct in violation of the Code if the student's conduct adversely affects the interests of the University, including, without limitation, when the conduct:

(a) Occurs during or in connection with a University-affiliated activity, including, without limitation, an overseas study program, clinical or field placement, internship, or inservice experience;

(b) Consists of academic dishonesty or research misconduct;

(c) Is prohibited by local, state, or federal law;

(d) Involves another member of the University community; or (e) Threatens, or indicates that the student may pose a threat to, the health or safety of the student or other person, or the security of any person's property, including, without limitation, alcohol-related misconduct, drug-related misconduct, arson, battery, fraud, hazing, sexual assault or misconduct, stalking, and theft.

(2) Professional and Ethical Standards. Graduate or professional programs within the University may take separate and independent academic action against students for alleged violations of professional and/or ethical standards using procedures other than those contained in the Code.

(3) Responsibility for Conduct. Each student shall be responsible for his/her conduct from the time of application for admission 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 of actual enrollment (and even if his/her conduct is not discovered until after a degree is awarded).

(4) Student Organizations’ Responsibility for Violations of the Standards of Conduct.

Notwithstanding anything in the Code to the contrary, a student organization may be found responsible for conduct that violates the Standards of Conduct only if the conduct is fairly attributable to the student organization. Whether conduct is fairly attributable to the student organization will be determined by SCCS based on a totality of the following criteria:

(a) Whether the misconduct was endorsed by one (1) or more officers of the student organization (“endorsed by” means: having prior knowledge that the misconduct was reasonably likely to occur and failing to take reasonable preventative or corrective action; failing to attempt to stop known misconduct while it is occurring; and/or helping to plan, promote, or carry out the misconduct);

(b) Whether the misconduct occurred in connection with an activity:

1. Financed by the student organization and/or one (1) or more members or alumni of the student organization who contributed personal funds in lieu of organizational funds;

2. Related to initiation into, admission into, affiliation with, or as a condition for continued membership in the student organization; and/or 3. Advertised, promoted, or publicized in such a way that a reasonable student viewing or hearing the advertisement, promotion, or publication would believe that the activity was affiliated with the student organization.

(c) Whether the misconduct occurred on property owned, controlled, rented, leased, and/or used by the student organization and/or any of its members/alumni acting on the student organization’s behalf; and/or (d) Whether a member of the student organization attempted to conceal the activity connected with the misconduct or conceal the misconduct of another member of the student organization.

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 rule filed May 27, 1986; effective August 12, 1986. Amendment filed August 31, 1995; effective December 30, 1995. Repeal and new rule filed April 12, 2012; effective September 28, 2012. Emergency rule filed August 12, 2015; effective through February 8, 2016. Amendment filed September 14, 2015; effective December 13, 2015. Repeal and new rules filed May 24, 2017; effective August 22, 2017. Emergency rules filed August 13, 2020; effective through February 9, 2021. Emergency rules expired effective February 10, 2021, and the rules reverted to their previous statuses. Amendments filed December 17, 2020; effective March 17, 2021. Amendments filed May 14, 2021; effective August 12, 2021.

Tenn. Comp. R. & Regs. 1720-04-03-.03 RELATIONSHIP BETWEEN THE CODE AND CRIMINAL LAW

(1) Independent Action. The Code has been adopted in furtherance of the University’s interests and serves to supplement, rather than substitute for, the enforcement of civil and criminal law. Accordingly, University disciplinary action may be instituted against a student whose conduct potentially violates both criminal law and the Standards of Conduct without regard to the pending status of criminal charges or civil litigation. At the discretion of SCCS, disciplinary action relating to a violation of the Standards of Conduct may be carried out prior to, simultaneously with, or following criminal proceedings. Students alleged to have violated the Standards of Conduct may not challenge any aspect of the University’s student conduct process on the grounds that criminal charges, civil litigation, or other University proceedings regarding the same incident are pending or have been terminated, dismissed, reduced, or have not yet been adjudicated.

(2) University’s Interaction with Other Entities. The University will cooperate with law enforcement and other government agencies in the enforcement of criminal law on University-controlled property and in the conditions imposed by criminal courts for the rehabilitation of students who have violated the criminal law.

(3) Withdrawals. If a Respondent voluntarily withdraws from the University before the conclusion of the student conduct process, SCCS retains the right to investigate and resolve the allegations made against the Respondent. A disciplinary hold may remain in place or be implemented after the student withdraws in order to enforce this Section .03(3).

(4) Time Extensions and Rescheduling. Any time period described in the Code may be extended for good cause at the discretion of SCCS. Any meeting or hearing described in the Code may be rescheduled for good cause at the discretion of SCCS.

(5) Voluntary Impairment. A student’s voluntary impairment to themselves resulting from the use and/or consumption of alcohol, drugs, chemicals, and/or other substances does not excuse or diminish a violation of the Code, except as provided in Section .12 (Amnesty for Individual Good Samaritans and Students in Need of Emergency Medical Attention).

(6) Other Rights – Sexual Harassment, Sexual Assault, Dating Violence, Domestic Violence, Stalking, Sexual Exploitation, or Retaliation. In addition to rights granted in the Code, in cases involving an allegation of sexual harassment, sexual assault, dating or domestic violence, stalking, sexual exploitation, or retaliation, the Complainant and the Respondent shall have the rights outlined in the University’s rules, policies, and procedures for investigating and resolving complaints of sexual harassment, sexual assault, dating violence, domestic violence, stalking, sexual exploitation, or retaliation in accordance with Title IX of the Education Amendments of 1972, the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, University rules, and other applicable law.

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 rule filed May 27, 1986; effective August 12, 1986. Amendment filed March 22, 1990; effective June 26, 1990. Amendment filed October 31, 1990; effective January 29, 1991. Amendment filed November 20, 1990; effective February 27, 1991. Amendment filed September 3, 1992; effective December 29, 1992. Amendment filed August 31, 1995; effective December 30, 1995. Amendment filed June 18, 1996; effective October 28, 1996. Repeal and new rule filed April 12, 2012; effective September 28, 2012. Repeal and new rules filed May 24, 2017; effective August 22, 2017. Emergency rules filed August 13, 2020; effective through February 9, 2021. Emergency rules expired effective February 10, 2021, and the rules reverted to their previous statuses. Amendments filed December 17, 2020; effective March 17, 2021. Amendments filed May 14, 2021; effective August 12, 2021.

Tenn. Comp. R. & Regs. 1720-04-03-.04 STANDARDS OF CONDUCT

Students are prohibited from engaging in the following types of misconduct:

(1) Academic Dishonesty. Cheating, plagiarism, or any other act of academic dishonesty, including, without limitation, an act in violation of the Honor Statement.

(2) False Information. Providing false information to a University official.

(3) Misuse of Information in Connection with University Investigation or Hearing. Falsifying, distorting, misrepresenting, or withholding information in connection with a University investigation or hearing, except as provided in Section .05(1)(i).

(4) Misconduct Relating to Records or Identification. Forging, altering, destroying, falsifying, or misusing records or identification, whether in print or electronic form.

(5) 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 or safety; 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 violence to a particular individual or group of individuals.

(6) Discrimination and/or Harassment. Discrimination: Conduct that discriminates against any person(s) or organization(s) based on a characteristic protected by federal, state, or local law prohibiting discrimination; or conduct that violates the University’s rules or policies prohibiting discrimination. Harassment: 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 an educational opportunity or benefit.

(7) Sexual Harassment, Sexual Assault, Dating Violence, Domestic Violence, Stalking, Sexual Exploitation, and/or Retaliation. Violating the University’s Policy on Sexual Harassment, Sexual Assault, Dating and Domestic Violence, and Stalking, which includes sexual exploitation and retaliation.

(8) Invasion of Privacy. Invasion of another person’s privacy when that person has a reasonable expectation of privacy, including, without limitation, using electronic or other means to make a video or photographic record of any person in a location in which the person has a reasonable expectation of privacy, without the person’s knowledge or consent. This includes, but is not limited to, making a video or photographic record of a person in showers, locker rooms, or restrooms. The storing, sharing, and/or distributing of such nonconsensual recordings by any means is also prohibited.

(9) Private or Public Property. Any of the following conduct with respect to private or public property, including, without limitation, University-controlled property: theft; misappropriation; unauthorized possession, use, sale, duplication, or entry; vandalism; destruction; damage; or conduct that is reasonably likely to cause damage.

(10) Hazing. Any intentional or reckless act, on or off University-controlled property, by one (1) student, acting alone or with others, which is directed against any other student, which endangers the mental or physical health, safety, or welfare of that student, or which induces or coerces a student to endanger his or her mental or physical health, safety, or welfare.

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 regardless of the student’s willingness to participate.

(11) Disorderly Conduct. Fighting or other physically violent or physically threatening conduct; creating a hazardous or physically offensive condition by any act that serves no legitimate

purpose; making noise that could unreasonably disturb others who are carrying on lawful activities; or conduct that breaches the peace.

(12) Lewd, Indecent, or Obscene Conduct. Engaging in lewd, indecent, or obscene conduct, including, without limitation, public exposure of one’s sexual organs, public urinating, and public sexual acts.

(13) Imminent Lawless Action. Engaging in speech either orally or in writing that is directed to inciting or producing imminent lawless action and is likely to incite or produce such action.

(14) Fire Safety. Any act of arson; falsely reporting a fire, the presence of an explosive or incendiary device, or other emergency; setting off a false fire alarm; or tampering with, removing, or damaging fire alarms, fire extinguishers or any other safety or emergency equipment from its proper location except when removed in a situation in which there is a reasonable belief of the need for such equipment.

(15) University Keys, Access Cards, and Identification. Possessing, using, or duplicating University keys, University access cards, or University identification cards without authorization from the University.

(16) Information Technology. Theft, misuse, or unauthorized use of information technology facilities, resources, or access codes, including, without limitation: unauthorized entry into or transfer of a file; using another person’s identification and/or password without that person’s consent; using information technology facilities or resources to interfere with the work of another student, faculty member, staff member, or other member of the University community; using information technology facilities or resources to interfere with normal operation of a University information technology system or network; circumventing University information technology system or network security; using information technology facilities or resources in violation of copyright laws; falsifying an e-mail header; and conduct that violates the University’s policy on the acceptable use of information technology resources.

(17) Weapons. Possessing, carrying, using, storing, or manufacturing any weapon if prohibited by federal, state, or local law; or 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 his/her designee or unless federal or state law affirmatively gives a student a right, irrespective of the Code, to possess or carry a weapon on University-controlled property or in connection with a University-affiliated activity.

(18) Alcohol-Related Conduct – University Property or University Activities. Consuming, manufacturing, possessing, distributing, dispensing, selling, or being under the influence of alcoholic beverages on University-controlled property or in connection with a Universityaffiliated activity unless expressly permitted by University rules or policy.

(19) Alcohol-Related Conduct Prohibited by Law. Consuming, manufacturing, possessing, distributing, dispensing, selling, or being under the influence of alcoholic beverages, if prohibited by federal, state, or local law.

(20) Providing Alcohol to Underage Person. Providing an alcoholic beverage to a person younger than twenty-one (21) years of age, unless permitted by law.

(21) Drugs and Drug Paraphernalia. Using, manufacturing, possessing, distributing, selling, dispensing, or being under the influence of drugs, if prohibited by federal, state, or local law; using, manufacturing, possessing, distributing, or selling drug paraphernalia, if prohibited by federal, state, or local law; using or possessing a prescription drug if the prescription was not issued to the student; or distributing or selling a prescription drug to a person to whom the prescription was not originally issued.

(22) Failure to Fulfill a University Financial Obligation. Failing to timely fulfill a University bill, account, or other financial obligation owed to the University.

(23) Failure to Respond, Comply, or Identify. Failing to respond to a request to report to a University administrative office; failing to comply with a lawful directive of a University employee or other public official acting within the scope of his/her duties, except as provided in Section .05(1)(i); or failing to identify oneself to a University employee or other public official acting within the scope of his/her duties when requested to do so.

(24) Failure to Appear. 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, unless the student has a right to not appear under state or federal law.

(25) Violation of Interim Administrative Actions, Disciplinary Sanctions, or Conditions of Re- Enrollment. Violating the terms of a no-contact directive, an interim restriction, a disciplinary sanction, or a condition of re-enrollment imposed by the University.

(26) Obstruction or Disruption of University Activity. Obstructing or disrupting teaching, learning, studying, research, public service, administration, disciplinary proceedings, emergency services, or any other University-affiliated activity, or the free flow of pedestrian or vehicular traffic on University-controlled property. In no event shall this rule be construed to discipline a student for speech protected by the First Amendment to the United States Constitution.

(27) Violation of University Policy or Rule. Violating a University policy or rule, including, without limitation, University policies or rules relating to facilities’ use, smoking, the acceptable use of information technology resources, research misconduct, finder’s fees relating to clinical investigations involving human subjects or access to University data or materials, University libraries, dining services, parking or transportation, University identification card use, residence halls, and registered student organizations.

(28) Act Prohibited by Law. Committing an act that is prohibited by local, state, or federal law.

(29) Attempted Violation; Accessory to Violation. Attempting to commit a violation of a Standard of Conduct or being an accessory to the commission of an act or attempted act in violation of a Standard of Conduct.

(30) Retaliation. Engaging in retaliation. Retaliation 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, including, without limitation, any act or omission constituting “retaliation” under the University's Policy on Sexual Harassment, Sexual Assault, Dating and Domestic Violence, and Stalking and University rules. Retaliation violates the Standards of Conduct regardless of whether the underlying allegation of a violation of the Standards of Conduct is ultimately found to have merit. Retaliation can include, without limitation: (a) an act or omission committed against a person’s family, friends, advisors, and/or other persons reasonably expected to provide information in connection with a University investigation or hearing; and (b) an act or omission committed by a student through a third party.

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 rule filed May 27, 1986; effective August 12, 1986. Amendment filed March 22, 1990; effective June 26, 1990. Amendment filed October 31, 1990; effective January 29, 1991. Amendment filed August 31, 1995; effective December 30, 1995. Repeal and new rule filed April 12, 2012; effective September 28, 2012. Emergency ruled filed August 12, 2015; effective through February 8, 2016. Amendment filed September 14, 2015; effective December 13, 2015. Repeal and new rules filed May 24, 2017; effective August 22, 2017. Emergency rules filed August 13, 2020; effective through February 9, 2021. Emergency rules expired effective February 10, 2021, and the rules reverted to their previous statuses. Amendments filed December 17, 2020; effective March 17, 2021. Amendments filed May 14, 2021; effective August 12, 2021.

Tenn. Comp. R. & Regs. 1720-04-03-.05 FUNDAMENTAL RIGHTS

(1) Rights of the Respondent. The following summarizes the rights granted to a Respondent in the student conduct process:

(a) Right to be assisted by an Advisor during all stages of the student conduct process, in accordance with Section .05(3);

(b) Right to an opportunity for an Educational Conference, in accordance with Section .06(5);

(c) Right to resolve allegations of misconduct and/or sanctions through a Formal Hearing, in accordance with Section .07(2);

(d) Right to receive notice of meetings and hearings at which the Respondent may be present and receive access to records used during those meetings and hearings, as provided in the Code;

(e) Right to the presumption that the Respondent is not responsible for the allegations of misconduct (i.e., the University bears the burden of presenting information demonstrating that it is more likely than not that the Respondent violated a Standard of Conduct);

(f) Right to not be directly questioned in a hearing by anyone other than the Student Life Hearing Officer (“SLHO”) or the Chairperson of the Student Conduct Board (“SCB”), except when a Title IX Hearing must be held in accordance with Section .09;

(g) Right to challenge the fairness and/or impartiality of a SLHO, a member of the SCB, a member of the Appellate Board, or a Title IX Hearing Officer;

(h) Right to have a SLHO Hearing or SCB Hearing conducted in accordance with Section .08, including, without limitation, the right to present information to the SLHO or SCB, the right to propose questions for the SLHO or Chairperson to ask witnesses, the right to request that information be excluded from the SLHO or SCB’s consideration, and the right to make a closing statement, except when a Title IX Hearing must be held in accordance with Section .09;

(i) Right to refrain from presenting information and witnesses during a hearing before the SLHO, the SCB, or the Title IX Hearing Officer, and the right to not have the SLHO, the SCB, or the Title IX Hearing Officer draw an inference adverse to the Respondent if the Respondent chooses not to present information or witnesses;

(j) Right to Notice of Decision of the SLHO, SCB or Title IX Hearing Officer, in accordance with Section .08(5) and Section .09(7);

(k) Right to appeal the decisions of the SLHO, SCB or a Title IX Hearing Officer that are contained in the Notice of Decision, in accordance with Section .08(6) and Section .09(9);

(l) Right to receive a copy of a notice of an initial, interim, or final decision, or a change in such a decision, issued by the Vice Chancellor for Student Life, SCCS, a SLHO, the SCB, the Appellate Board, and/or a Title IX Hearing Officer (e.g., Notice of Allegations, Notice of Decision, Notice of Final Decision), simultaneously with the Complainant’s receipt of a copy of the notice of the decision; and (m) Right to appeal a decision issued by SCCS, a SLHO, the SCB, or a Title IX Hearing Officer and receive a notice containing information about the right to appeal simultaneously with the Complainant’s receipt of a notice of such information, in accordance with Section .07, Section .08, and Section .09.

(2) Rights of the Complainant.

(a) A Complainant shall be granted equivalent rights to the rights granted to a Respondent under the Code including, without limitation:

1. Right to meet with SCCS to ask questions and receive information about the student conduct process, including, without limitation, the status of an investigation;

2. Right to receive notice of meetings and hearings at which the Complainant may be present and receive access to records used during those meetings and hearings, as provided in the Code;

3. Right to be assisted by an Advisor during all stages of the student conduct process, in accordance with Section .05(3);

4. Right to present information and witnesses during meetings and hearings, including, without limitation, investigations, or hearings before a Student Life Hearing Officer (“SLHO”), the Student Conduct Board (“SCB”), or a Title IX Hearing Officer;

5. Right to not be directly questioned in a hearing by anyone other than the SLHO or the Chairperson of the Student Conduct Board (“SCB”), except when a Title IX Hearing must be held in accordance with Section .09;

6. Right to challenge the fairness and/or impartiality of a SLHO, a member of the SCB, a member of the Appellate Board, or a Title IX Hearing Officer;

7. Right to receive a copy of a notice of an initial, interim, or final decision, or a change in such a decision, issued by the Vice Chancellor for Student Life, SCCS, a SLHO, the SCB, the Appellate Board, and/or a Title IX Hearing Officer (e.g., Notice of Allegations, Notice of Decision, Notice of Final Decision), simultaneously with the Respondent’s receipt of a copy of the notice of the decision;

8. Right to appeal a decision issued by SCCS, a SLHO, the SCB, or a Title IX Hearing Officer and receive a notice containing information about the right to appeal simultaneously with the Complainant’s receipt of a notice of such information, in accordance with Section .07, Section .08, and Section .09; and/or 9. Right to otherwise participate in the student conduct process.

(b) Notwithstanding any provision of the Code to the contrary, including, without limitation, this Section .05(2), a Complainant shall not have the right to attend a meeting or hearing, receive information concerning, or otherwise participate in the student conduct process if such attendance, receipt of information, or participation would violate state or federal law.

(3) Right to an Advisor. The Complainant and the Respondent may choose to be assisted by one (1) Advisor during all stages of the student conduct process.

(a) Selection of an Advisor. SCCS encourages a Complainant or a Respondent who chooses to be assisted by an Advisor to consider selecting a University employee or student who has received training from SCCS about the student conduct process. The Complainant and the Respondent may obtain the names of trained advisors from SCCS. At their own expense, the Complainant and the Respondent may choose a person who is not employed by the University to serve as an Advisor (e.g., friend, attorney). The Complainant and the Respondent should select as an Advisor a person whose schedule allows attendance at the scheduled date, time, and place for meetings and hearings scheduled by SCCS because meeting and hearing delays generally will not be granted due to the scheduling conflicts of an Advisor. If a Complainant or Respondent does not have an Advisor present at a Title IX Hearing, the University must provide one (selected by the University) without fee or charge to that party.

(b) Role of an Advisor. The role of an Advisor is limited to assisting, advising, and/or supporting a Complainant or Respondent during the student conduct process, including at all meetings, investigative interviews, and hearings. An Advisor is not permitted to speak for or on behalf of a Complainant or Respondent, appear in lieu of a Complainant or Respondent, participate as a witness, or participate directly in any other manner during any phase of the student conduct process, except in a Title IX Hearing. In a Title IX Hearing, the Advisor (who may be, but is not required to be, an attorney) is permitted to speak on behalf of a Complainant or Respondent for the purposes of asking questions of the other party and witnesses, in accordance with

Section .09(5)(f). In a Uniform Administrative Procedures Act (“UAPA”) Hearing, the Complainant and the Respondent may have an attorney advocate on their behalf, in accordance with state law.

(c) Notification of the Right to Have an Advisor. SCCS shall provide written notice to the Complainant and the Respondent of their rights to an Advisor. The notice shall contain an explanation of the role of an Advisor during the student conduct process.

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 rule filed May 27, 1986; effective August 12, 1986. Amendment filed March 22, 1990; effective June 26, 1990. Amendment filed October 31, 1990; effective January 29, 1991. Amendment filed August 31, 1995; effective December 30, 1995. Amendment filed November 17, 2000; effective March 30, 2001. Repeal and new rule filed April 12, 2012; effective September 28, 2012. Emergency rule filed August 12, 2015; effective through February 8, 2016. Amendment filed September 14, 2015; effective December 13, 2015. Repeal and new rules filed May 24, 2017; effective August 22, 2017. Emergency rules filed August 13, 2020; effective through February 9, 2021. Emergency rules expired effective February 10, 2021, and the rules reverted to their previous statuses. Amendments filed December 17, 2020; effective March 17, 2021. Amendments filed May 14, 2021; effective August 12, 2021.

Tenn. Comp. R. & Regs. 1720-04-03-.06 STUDENT CONDUCT PROCESS: INITIAL STAGES

(1) Receipt and Review of Allegations of Misconduct.

(a) Except as stated in Section .06(1)(b), SCCS 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 housing employee, or a law enforcement agency. SCCS also may initiate the student conduct process in the absence of written allegations if SCCS becomes aware, through other means, of potential misconduct committed by a student. Upon receipt of written allegations or other information concerning potential student misconduct, SCCS will review the information and determine whether to initiate the student conduct process. SCCS’s determination of whether to initiate the student conduct process generally will be based on: the preliminary investigation by SCCS or other University official(s), if any, into the allegations received by SCCS; SCCS’s determination of whether the alleged conduct falls within the jurisdiction of the Code; and SCCS’s determination of whether the alleged conduct, if true, violated the Standards of Conduct.

(b) In cases involving allegations of sexual harassment, sexual assault, dating violence, domestic violence, stalking, or sexual exploitation, the student conduct process is initiated upon the filing of a Formal Complaint by a Complainant or by the Title IX Coordinator. As soon as practicable after the filing of a Formal Complaint, SCCS will provide a Notice of Receipt of Formal Complaint to the parties who are known. The Notice of Receipt of Formal Complaint shall include the following information: 1. notice of the student conduct process that applies to the allegations; 2. the identities of the parties involved in the incident; 3. the conduct allegedly constituting the violation; 4. the date and location of the incident, if known; 5. a statement that the Respondent is presumed not responsible for the alleged conduct; 6. a statement that a determination regarding responsibility is made at the conclusion of the student conduct process; 7. the parties’ right to have an Advisor of their choice, who may be, but is not required to be, an attorney; 8. the parties’ right to inspect and review evidence; and 9. notice of the provisions of the Code that prohibit providing false information to a University official.

(2) Conflicts of Interest.

(a) The student conduct process must be carried out in a manner that is free from conflicts of interest or bias consistent with due process of law.

(b) A University employee shall not act on behalf of SCCS in the student conduct process in any case in which: 1. the employee is a Complainant, Respondent, or a witness; or 2. the employee determines, for any other reason (e.g., personal prejudice or bias), that he/she cannot be fair or impartial.

(c) In all cases involving allegations of sexual assault, dating violence, domestic violence, or stalking, the student conduct process must include protections for the Respondent analogous to, and no less protective than, the conflict of interest provisions of Tennessee Code Annotated § 4-5-303. Notwithstanding the preceding sentence: 1. an attorney for the University is allowed to provide legal advice to multiple University employees who serve in different roles in the process of disciplining a student; and 2. the University is allowed to provide the Complainant with equivalent rights as the Respondent during the student conduct process.

(3) Interim Administrative Actions.

(a) 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 (Section .06(3)(b)), a disciplinary hold (Section .06(3)(c)), and interim restrictions (Section .06(3)(d)).

(b) No-Contact Directive. In cases involving allegations of assault, injury, sexual harassment, sexual assault, dating violence, domestic violence, stalking, sexual exploitation, 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 the University issue a no-contact directive to a student. However, the University retains ultimate authority to decide whether or not to issue a no-contact directive.

(c) 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 SCCS to require the Respondent to participate in the student conduct process or 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). A student who, at the time of commencement, is subject to a continuing disciplinary penalty or an unresolved disciplinary charge shall not be awarded a degree before the resolution of all disciplinary charges and/or the satisfaction of all sanctions.

(d) Interim Restrictions.

1. Generally, the status of a student alleged to have violated the Standards of Conduct is not affected until the conclusion of the student conduct process (Section .07(5)). However, the Vice Chancellor for Student Life may impose interim restrictions prior to the conclusion of the student conduct process related to the alleged misconduct when the Vice Chancellor for Student Life has reasonable cause to believe that: 1. a 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 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) business days of the imposition of the interim restrictions, the Respondent shall be offered an opportunity to appear before the Vice Chancellor for Student Life 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, University-owned housing removal and/or reassignment, and/or interim suspension. Restrictions contained within no-contact directives (Section .06(3)(b)) are not interim restrictions. An interim suspension is an official separation of the student from the University until the conclusion of the student conduct process or the interim suspension is lifted, whichever occurs first. While on interim suspension, the student loses all University rights and privileges (e.g., enrollment privileges) except for the rights and privileges to contest the allegations pursuant to the Code, shall not represent the University in any official manner, and shall not be present on University-controlled property or participate in University-affiliated activities without the prior approval of the Vice Chancellor for Student Life. When placed on interim suspension, the Respondent may receive a grade of “W,” or when deemed appropriate by instructor, a grade of “I.” A Respondent who violates the terms of an interim restriction shall be subject to further disciplinary action and may be treated as a trespasser.

2. Notwithstanding any provision in this Section .06(3)(d), in any case that includes Title IX Allegations, the Vice Chancellor for Student Life may impose an interim suspension on a Respondent only after undertaking an individualized safety and risk analysis, and 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 of the Respondent. The Vice Chancellor for Student Life will provide the Respondent notice and an opportunity for the Respondent to challenge an interim suspension within three (3) business days.

(4) 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 Code. In addition, subject to the other provisions of the 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 Code may be revoked.

(5) Educational Conference.

(a) Scope of the Educational Conference. The Educational Conference is a meeting between SCCS and the Respondent in which the following generally occurs:

1. SCCS 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 SCCS.

2. SCCS provides the Respondent with an opportunity to respond to the allegations, including, without limitation, an opportunity to present information to SCCS concerning the allegations and identify witnesses whom the Respondent believes SCCS should interview to obtain additional information.

3. Both SCCS and the Respondent may ask questions to each other and seek clarifying information about the allegations, the possible sanction(s), and the student conduct process.

4. Except in cases that include Title IX Allegations, based on information provided by the Respondent during the Educational Conference, SCCS may issue a noaction determination (Section .07(5)(a)) or continue its investigation in order to determine whether it is more likely than not that the Respondent violated the Standards of Conduct.

(b) Notice of Educational Conference. A Notice of Educational Conference is a written notice through which SCCS notifies the Respondent that SCCS 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 SCCS has begun or will begin an investigation of allegations SCCS 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 Standards of Conduct, 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 .05(3), including information about the role of an Advisor; 6. the internet address where the Respondent can review a copy of the Code; 7. a date, time, and place for an Educational Conference with SCCS to discuss the incident, or, in the alternative, an instruction that the Respondent contact SCCS 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 SCCS’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 SCCS has sent the Respondent a Notice of Educational Conference, then the Respondent waives all rights to a Formal Hearing, and SCCS has the discretion to deem the Respondent to have accepted SCCS’s determination of responsibility for misconduct and may impose appropriate sanction(s) for the misconduct (unless the Respondent’s absence is excused by SCCS for good cause), unless prohibited by state or federal law. SCCS also may determine that the Respondent’s failure to attend the Educational Conference constitutes a separate violation of the Standards of Conduct.

(6) Investigation of Allegations of Misconduct.

(a) SCCS may investigate the allegations against the Respondent by interviewing witnesses and obtaining other information. If SCCS investigates allegations against a Respondent, SCCS will: 1. ensure that the burden of proof of gathering evidence rests on the University and not on the parties; 2. provide an equal opportunity for the parties to identify and present witnesses for interview, including fact witnesses and expert witnesses, and other inculpatory and exculpatory evidence; and 3. provide written notice of the date, time, location, participants, and purpose of all investigative interviews and other meetings, with sufficient time to prepare to participate. SCCS is not obligated to interview a witness identified by the Respondent or the Complainant if SCCS believes the witness is not likely to possess relevant information, is not likely to lead SCCS to the discovery of relevant information, or the information the witness is likely to possess is cumulative of other information gathered by SCCS. SCCS may interview and re-interview the Complainant, the Respondent, and/or any other person at any time during the investigation in order to obtain additional and/or clarifying information. Investigations conducted by SCCS will be prompt, thorough, and equitable. In conducting an investigation, SCCS 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 SCCS. Parts of SCCS’s investigation may occur before, during, and/or after the Educational Conference (Section .06(5)) and/or any other part of the student conduct process. At the conclusion of its investigation, SCCS may prepare a written investigative report of the findings of the investigation. The investigative 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 Standards of Conduct.

(b) In cases in which a Complainant or the Title IX Coordinator has filed a Formal Complaint alleging sexual harassment, sexual assault, dating violence, domestic violence, stalking, or sexual exploitation, SCCS will provide both parties with an equal opportunity to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in the Formal Complaint. Prior to completion of the investigative report, SCCS will send to each party and the party’s Advisor, if any, the evidence subject to inspection and review. The parties must have at least ten (10) business days to submit a written response, which SCCS will consider prior to completion of the investigative report. After the investigative report is final, the parties shall have ten (10) business days to submit a written response to the report. No hearing shall occur until that 10-day period has expired, even if the parties have submitted responses prior to the expiration of the 10-day period.

(7) Notice of Allegations and Notice of Sanctions.

(a) A Notice of Allegations is a written notice that informs the Respondent that SCCS has concluded that it is more likely than not that the Respondent violated the Standards of Conduct. A Notice of Allegations generally includes, without limitation, the following information: 1. a brief summary of the facts of Respondent’s alleged misconduct; 2. notice that SCCS has determined that it is more likely than not that Respondent violated the Standards of Conduct; 3. notice of the specific Standard(s) of Conduct that SCCS has determined the Respondent more likely than not violated; 4. the Respondent’s option(s) to elect a Formal Hearing to contest SCCS’s determination of responsibility for misconduct and/or the sanction(s); and 5. the names of witnesses likely to present information concerning the alleged misconduct if the Respondent elects to contest the allegations through a Formal Hearing. SCCS may provide the Respondent with a Notice of Allegations during the Educational Conference.

(b) A Notice of Sanctions is a written notice that informs the Respondent of the disciplinary sanction(s) that SCCS proposes for the violation(s) of the Standards of Conduct. SCCS may provide the Respondent with a Notice of Sanctions during the Educational Conference.

Author ity: 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 rule filed May 27, 1986; effective August 12, 1986. Amendment filed August 31, 1995; effective December 30, 1995. Repeal and new rule filed April 12, 2012; effective September 28, 2012. Repeal and new rules filed May 24, 2017; effective August 22, 2017. Emergency rules filed June 29, 2018; effective through December 26, 2018.

Emergency rules filed July 30, 2018; effective through January 26, 2019. Amendments filed June 29, 2018; effective September 27, 2018. Emergency rules filed August 13, 2020; effective through February 9, 2021. Emergency rules expired effective February 10, 2021, and the rules reverted to their previous statuses. Amendments filed December 17, 2020; effective March 17, 2021. Amendments filed May 14, 2021; effective August 12, 2021.

Tenn. Comp. R. & Regs. 1720-04-03-.07 STUDENT CONDUCT PROCESS: RESOLUTIONS

(1) Resolution by Agreement.

(a) Purpose and Effects of a Resolution Agreement. At any time during the student conduct process, a Respondent may resolve allegations of misconduct (other than Title IX Allegations) by signing a Resolution Agreement proposed by SCCS. By signing a Resolution Agreement, the Respondent: 1. accepts responsibility for violating the Standards of Conduct; 2. agrees to the imposition of the sanction(s); and 3. waives all rights the Respondent may have to resolve the allegations through a Formal Hearing. A Resolution Agreement is not valid until it is signed by both the Respondent and SCCS.

(b) Revocation or Appeal of a Resolution Agreement. The Respondent may not revoke or appeal a Resolution Agreement signed by the Respondent.

(c) Resolution Agreement – Sexual Harassment, Sexual Assault, Dating Violence, Domestic Violence, Stalking, Sexual Exploitation, or Retaliation. In a case involving a Formal Complaint of sexual harassment, sexual assault, dating violence, domestic violence, stalking, sexual exploitation or retaliation that does not include Title IX Allegations, SCCS will notify the Complainant about the proposed Resolution Agreement in writing and provide the Complainant with the opportunity to object to the proposed Resolution Agreement. A Complainant must notify SCCS of his/her objection in writing within five (5) business days from the date that SCCS informs the Complainant about the proposed Resolution Agreement. If the Complainant timely informs SCCS of his/her objection, then SCCS may address the Complainant’s objection by modifying the proposed Resolution Agreement that is agreeable to both the Respondent and the Complainant and having the Respondent sign the modified Resolution Agreement. Otherwise, SCCS will continue the student conduct process and resolve the allegations against the Respondent in accordance with the Code.

Formal Complaints of sexual harassment, sexual assault, dating violence, domestic violence, stalking, or sexual exploitation that include Title IX Allegations may not be resolved through a Resolution Agreement but may be resolved through an Informal Resolution set forth in Section .07(4).

(2) Resolution by Formal Hearing.

(a) Types of Formal Hearings. A Formal Hearing is a process through which a Respondent has a right to contest allegations of misconduct and/or the sanctions proposed by SCCS 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. The Code provides for four (4) types of Formal Hearings, depending on the gravity of the disciplinary sanctions that have been proposed by SCCS and the nature of the allegations:

1. A hearing before a Student Life Hearing Officer, which is described in Section .07(2)(d);

2. A hearing before the SCB (“SCB Hearing”), which is described in Section .08;

3. A hearing before a Title IX Hearing Officer (“Title IX Hearing”), which is described in Section .09, and which is the only Formal Hearing provided under the Code for determining responsibility for Title IX Allegations; and 4. A contested case hearing under the Uniform Administrative Procedures Act (“UAPA Hearing”), which is conducted in accordance with the University’s procedures for conducting contested case proceedings under the UAPA, Chapter 1720-01-05.

(b) Rights to a Formal Hearing. A Respondent has the right to a Formal Hearing in every case before a Respondent can be found responsible for the alleged violation of the Standards of Conduct. In every case other than those that include Title IX Allegations, the Respondent has the right to resolve allegations of misconduct and/or proposed sanctions through a hearing before a Student Life Hearing Officer. In every case other than those that include Title IX Allegations, a Respondent also has the right to resolve allegations of misconduct and/or the proposed sanctions through a SCB Hearing or a UAPA Hearing when SCCS proposes one (1) or more of the following sanctions: 1. deferred suspension; 2. suspension; 3. expulsion; 4. University housing removal; 5. withholding of degree; 6. revocation of degree; or 7. revocation or suspension of the student organization’s University registration. Both Complainants and Respondents have the right to a Title IX Hearing when a Formal Complaint includes Title IX Allegations.

(c) How to Request a Formal Hearing. In every case other than those that include Title IX Allegations, a Formal Hearing may be requested by the Respondent only in writing using the form(s) approved by SCCS. Orally requesting a Formal Hearing shall not constitute a valid request for a Formal Hearing. If a Respondent timely requests a Formal Hearing and has a right to have either a UAPA Hearing or a SCB Hearing, then the University will conduct a UAPA Hearing unless the Respondent executes a written waiver of the right to a UAPA Hearing.

(d) Hearing before a Student Life Hearing Officer. A Student Life Hearing Officer is a University employee designated and trained by SCCS to conduct a Formal Hearing consistently with the procedures outlined in the Code for SCB Hearings (e.g., Section .08), except as provided in this Section .07(2)(d). In conducting a Formal Hearing, a Student Life Hearing Officer has the same authority of the Chairperson of the SCB except that, unlike the Chairperson of the SCB, but like the voting members of the SCB, the Student Life Hearing Officer is the decision maker concerning whether the Respondent violated the Standards of Conduct, and, if so, what sanction(s) to impose.

The decision of a Student Life Hearing Officer may be appealed to the Appellate Board using procedures consistent with the procedures outlined in the Code for appeals of decisions of the SCB.

(e) Consequences of Failing to Timely Elect a Formal Hearing. If the Respondent fails to elect a Formal Hearing within five (5) business days of SCCS transmitting a Notice of Sanctions in writing to the Respondent, then the Respondent waives all rights to a Formal Hearing, and SCCS has the discretion to deem the Respondent to have accepted SCCS’s determination of responsibility for misconduct and may impose sanction(s) deemed appropriate by SCCS (unless SCCS extends the time for the Respondent to request a Formal Hearing for good cause). If SCCS extends the time for the Respondent to request a Formal Hearing and the Respondent fails to elect a Formal Hearing within the additional time granted by SCCS, then the Respondent waives all rights to a Formal Hearing, and SCCS has the discretion to deem the Respondent to have accepted SCCS’s determination of responsibility for misconduct and may impose sanction(s) deemed appropriate by SCCS. All cases that include Title IX Allegations will proceed to Title IX Hearing without either party having to elect the hearing, unless an Informal Resolution is reached as set forth in Section .07(4) or a hearing is otherwise not required or permitted by law.

(3) Alternative Resolution.

(a) Proposal of Alternative Resolution. At any time during the student conduct process, allegations against the Respondent (except for Title IX Allegations which may be resolved through the Informal Resolution process set forth in Section .07(4)) may be resolved through an alternative resolution. An alternative resolution is a resolution that is reached through a process and/or by a sanction or restriction not described in the Code. Before proposing an alternative resolution SCCS shall determine whether an alternative resolution would be appropriate based on the facts and circumstances of the case, and, if so, what type of alternative resolution process should be used. In cases involving sexual harassment, sexual assault, dating violence, domestic violence, stalking, sexual exploitation, or retaliation that are not subject to the Informal Resolution process, SCCS will consult with the Title IX Coordinator in making that determination. Examples of alternative resolution processes that may be proposed by SCCS include but are not limited to mediation, facilitated dialogue, conflict coaching, and restorative justice. The process of trying to reach an alternative resolution is voluntary (i.e., neither the Respondent nor a Complainant is required to participate). If an Alternative Resolution Agreement is not reached, then the student conduct process will proceed, and the allegations against the Respondent will be resolved through one of the other resolution methods in the Code.

(b) Alternative Resolution Agreement. An Alternative Resolution Agreement is a written agreement that confirms an agreement to resolve the allegations against the Respondent through an alternative resolution. To be valid, an Alternative Resolution Agreement shall in all cases be signed by SCCS and the Respondent, and shall include a waiver of the Respondent’s right, if any, to have a Formal Hearing on the allegations. Prior to the execution of an Alternative Resolution Agreement, if a Complainant has not participated with SCCS in the discussion of an alternative resolution, then SCCS will provide the Complainant with an opportunity to provide a timely objection to the proposed alternative resolution. In appropriate cases, SCCS may request the Complainant to sign an Alternative Resolution Agreement and determine that the Alternative Resolution Agreement is not effective without the Complainant’s signature. Neither the Respondent nor the Complainant may revoke or appeal an Alternative Resolution Agreement.

(4) Informal Resolution. In cases that include Title IX Allegations, at any time prior to reaching a determination regarding responsibility, SCCS may facilitate an informal resolution process that does not involve a full investigation and adjudication. To facilitate an informal resolution, SCCS will (a) provide to the parties a written notice disclosing the allegations and 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, and (b) obtain the parties’ voluntary, written consent to the informal resolution process. At any time prior to agreeing to a resolution, any party has the right to withdraw from the informal resolution process and resume the student conduct process with respect to the Formal Complaint.

(5) Conclusion of the Student Conduct Process. This Section .07(5) summarizes the different ways in which the student conduct process may be concluded. If more than one (1) of the following events occur, then the student conduct process concludes on the date of the last event to occur. SCCS generally will provide the Respondent with written notice about the conclusion of the student conduct process within a reasonable time after the conclusion of the process. If permitted or required by law, SCCS also will provide the Complainant with written notice about the conclusion of the student conduct process within a reasonable time after the conclusion of the process.

(a) No Action Determination. The student conduct process concludes when SCCS makes a final determination at any point in the process that no action will be taken (e.g., SCCS determines the preponderance of the evidence does not support a finding that the Respondent violated the Standards of Conduct; a Complainant declines to participate in the student conduct process; or SCCS does not have sufficient information or witnesses to move forward with the student conduct process). SCCS may reinitiate the student conduct process upon receipt of new information; however, after SCCS has determined to take no action, SCCS may reinitiate the student conduct process after a student has graduated only in cases involving Section .04(1) (academic dishonesty) or a violation of the University’s rules or policy on research misconduct. A Complainant who is informed by SCCS of a no action determination may appeal the decision to the SCCS, in writing, within five (5) business days of the date that SCCS transmitted notice of the no action determination to the Complainant. The decision of SCCS is final and may not be appealed.

(b) Failure to Attend or Schedule an Educational Conference. In accordance with Section .06(5)(c), the student conduct process concludes when: SCCS has issued a Notice of Educational Conference; the Respondent either fails to attend an Educational Conference or fails to comply with SCCS’s instruction to contact SCCS to schedule an Educational Conference within the time frame designated in the Notice of Educational Conference; and SCCS does not exercise its discretion to excuse the Respondent’s failure for good cause.

(c) Failure to Request a Formal Hearing after Notice of Sanctions. In accordance with

Section .07(2)(e), the student conduct process concludes when the Respondent fails to elect a Formal Hearing within five (5) business days of SCCS sending or delivering a Notice of Sanctions to the Respondent, and SCCS does not exercise its discretion to excuse the Respondent’s failure for good cause.

(d) Resolution Agreement. The student conduct process concludes when a Resolution Agreement is executed in accordance with Section .07(1).

(e) Alternative Resolution Agreement. The student conduct process concludes when an Alternative Resolution Agreement is executed in accordance with Section .07(3).

(f) Informal Resolution. The student conduct process concludes when an Informal Resolution is agreed upon in accordance with Section .07(4).

(g) Notice of Decision of a Student Life Hearing Officer – No Valid Appeal. The student conduct process concludes when a Student Life Hearing Officer has issued and transmitted a Notice of Decision and neither the Respondent nor the Complainant has submitted a valid Notice of Appeal.

(h) Notice of Decision of a Student Conduct Board – No Valid Appeal. The student conduct process concludes when a Student Conduct Board has issued and transmitted a Notice of Decision under Section .08(5) and neither the Respondent nor the Complainant has submitted a valid Notice of Appeal under Section .08(6).

(i) Notice of Appellate Board Final Decision. The student conduct process concludes when the Appellate Board has issued a Notice of Final Decision.

(j) Notice of Decision of Title IX Hearing Officer – No Valid Appeal. The student conduct process concludes when a Title IX Hearing Officer has issued a Notice of Decision or written determination regarding responsibility under Section .09(7) and neither the Respondent nor the Complaint has submitted a valid Notice of Appeal.

(k) Notice of Title IX Appeal Final Decision. The student conduct process concludes when the Vice Chancellor for Student Life has issued a Notice of Title IX Final Decision under

Section .09(9).

(l) UAPA. The student conduct process concludes when the UAPA Hearing process has concluded, either through a final order, settlement, or otherwise, under the University’s rules for conducting contested case proceedings under the UAPA, Chapter 1720-01- 05.

(m) Expiration and Satisfaction of All Sanctions. A Respondent’s SCCS case concludes and is considered closed when SCCS determines that the time periods for all sanctions given to the Respondent have expired (except for the sanction of expulsion, which does not expire), and the Respondent has satisfied all other terms and conditions of all sanctions that the Respondent received.

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 rule filed May 27, 1986; effective August 12, 1986. Amendment filed March 22, 1990; effective June 26, 1990. Amendment filed October 31, 1990; effective January 29, 1991. Amendment filed August 31, 1995; effective December 30, 1995. Repeal and new rule filed April 12, 2012; effective September 28, 2012. Repeal and new rules filed May 24, 2017; effective August 22, 2017. Emergency rules filed June 29, 2018; effective through December 26, 2018. Emergency rules filed July 30, 2018; effective through January 26, 2019. Amendments filed June 29, 2018; effective September 27, 2018. Emergency rules filed August 13, 2020; effective through February 9, 2021. Emergency rules expired effective February 10, 2021, and the rules reverted to their previous statuses. Amendments filed December 17, 2020; effective March 17, 2021. Amendments filed May 14, 2021; effective August 12, 2021.

Tenn. Comp. R. & Regs. 1720-04-03-.08 STUDENT CONDUCT BOARD: HEARINGS AND APPEALS

(1) Notice of SCB Hearing.

(a) When a Notice of SCB Hearing Is Sent. If the Respondent requests a SCB Hearing in accordance with Section .07(2), then SCCS will send the Respondent and the Complainant a Notice of SCB Hearing at least seven (7) 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 (SCCS 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 Officer will request the SCB impose on the Respondent; 4. the names of all witnesses through whom the Conduct Officer is likely to present information during the SCB Hearing; 5. a notice of the right to the assistance and/or support of an Advisor during the SCB Hearing; and 6. a description of all tangible or electronic information that the Conduct Officer 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 SCCS’ 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 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.

(c) 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. SCCS has the discretion to make the final determination of whether to grant such a request and will notify the Respondents of the decision.

(d) Consequences of Failing to Attend a SCB Hearing. If the Respondent fails to attend a SCB Hearing, then the Respondent waives all rights to an 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 Standards of Conduct; and may determine that the Respondent’s failure to attend the hearing constitutes a separate violation of the Standards of Conduct. If the SCB determines, in the Respondent’s absence, that it is more likely than not that the Respondent violated the Standards of Conduct, then SCCS may implement the sanctions imposed by the SCB and conclude the student conduct process.

(2) Composition of the Student Conduct Board.

(a) Eligible Pool. The University shall appoint a pool of persons who are eligible to serve on a SCB. The University may appoint University students, University faculty members, or University staff employees; however, an employee who works in SCCS is ineligible to serve on a SCB. Persons appointed by the University will be trained by SCCS to serve on a SCB.

(b) Appointment of the SCB.

1. General. The SCB is appointed ad hoc for each hearing by the Director of SCCS from the pool described in Section .08(2)(a). SCCS shall appoint a SCB consisting of one (1) non-voting Chairperson and seven (7) voting members.

SCCS shall not appoint persons on the basis of how SCCS anticipates that they will vote. The Chairperson shall be a University faculty member or staff employee who has received training from SCCS on how to conduct a SCB Hearing. Five (5) voting members and one (1) non-voting Chairperson constitute a quorum of the SCB that was appointed by SCCS; however, SCCS will make reasonable efforts to seat a SCB consisting of seven (7) voting members. Regardless of the number of voting members present, all classifications of the University community (students, faculty, and/or staff) must be represented by at least one (1) voting member, except as provided in Section .08(2)(b)2. or Section .08(2)(b)3.

2. Exception for Cases Involving Allegations of Sexual Misconduct. Notwithstanding anything to the contrary in Section .08(2)(b)1., SCCS shall not appoint students to serve on the SCB in a case involving an allegation of sexual misconduct unless both the Respondent and the Complainant consent to having students appointed to serve on the SCB hearing their case.

3. Exception for Cases Involving Allegations of Research Misconduct.

Notwithstanding anything to the contrary in Section .08(2)(b)1., SCCS shall not appoint students to serve on the SCB in a case involving an allegation of research misconduct.

(c) 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 (e.g., having a personal prejudice or bias) shall excuse themselves from serving on the SCB, in which case SCCS shall appoint a substitute member of the panel in accordance with the rules in Section .08(2)(b).

(3) General Rules Governing SCB Hearings.

(a) Required Pre-Hearing Information and Copies – Complainant and Respondent.

1. At least five (5) business days prior to the SCB Hearing, the Complainant and the Respondent must provide the following to SCCS in writing:

(i) The name of their Advisor, if any, who will attend the SCB Hearing;

(ii) The names of all witnesses and a brief summary of the information that they reasonably anticipate that each witness will provide to the SCB; and (iii) 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.

2. 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 .08(3)(a) (i.e., other witnesses not identified to SCCS 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 Formal Hearing, informing them about the date, time, and place of the SCB Hearing, and securing their attendance at the SCB Hearing.

3. During the sanctioning phase of the SCB hearing only, the parties may present statements 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 Standard of Conduct. The Complainant’s statement may include a description of the impact of the Respondent’s conduct on the Complainant. The Respondent’s statement may include a description of any factors the Respondent believes mitigates the conduct. The Respondent may also present character statements during the sanctioning phase of the hearing only.

(b) Pre-Hearing Review of Information. Individuals involved with the hearing are responsible for contacting SCCS 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, SCCS will make copies of information submitted by the Complainant, the Respondent, and the Conduct Officer available for review by the Complainant, Respondent, their respective Advisors, and members of the SCB. Those individuals will be notified by SCCS when materials are available for review. SCCS may make the information available electronically. In their sole discretion, SCCS may redact irrelevant information prior to making information available.

(c) Recording of the SCB Hearing. The University shall be responsible for making a verbatim record (e.g., digital or other recording) of a SCB Hearing. Deliberations of the SCB shall not be recorded. The record of the SCB Hearing shall be the property of the University. 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. However, the University will provide a copy of the verbatim record to the Complainant and the Respondent upon request.

(d) Attendance and Participation. Attendance during an SCB Hearing generally is limited to members of the SCB, the Conduct Officer, the Complainant and the Complainant’s Advisor, the Respondent and the Respondent’s Advisor, and witnesses. The Conduct Officer, 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 SCCS 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. However, the previous sentence shall not apply, and the Complainant and the Complainant’s Advisor shall have the right to attend the entire SCB Hearing, in cases of sexual assault, dating violence, domestic violence, and stalking. 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 simultaneously see, hear, otherwise access the communications of any party or witness who is attending or participating by closed circuit television, video conferencing, or other similar means.

(4) Procedural Rules for SCB Hearings.

(a) Right to Challenge the Selection of a SCB Member. At the beginning of 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 SCCS may appoint a substitute member of the SCB in accordance with Section .08(2)(b) 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 Officer, 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 .08(3)(a), or information from witnesses who were not disclosed in advance of the hearing in accordance with Section .08(3)(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 on a particular occasion the person acted in accordance with the character or character trait. Generally, in cases involving an allegation of sexual misconduct, neither the Complainant’s nor the Respondent’s prior sexual history is relevant to the issue of whether sexual misconduct occurred and will not be considered by the SCB.

However, when the Respondent contends that the Complainant gave consent for a particular sexual act, the prior sexual history between the Complainant and the Respondent may be relevant to assess the manner and nature of communications between the parties, although the mere existence of a current or previous dating, romantic, intimate, or sexual relationship with the other person does not allow a Respondent to imply or infer consent. The Complainant’s and the Respondent’s prior sexual history may also be relevant in other limited circumstances, such as to show intent, motive, absence of mistake, or to explain an injury or physical finding.

(d) Persons Who May Present Information. The only persons who may present information and/or witnesses during a SCB Hearing are the Conduct Officer, 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 SCCS 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. The Chairperson may ask questions and/or submit a request for additional information to the Respondent, the Complainant, the Conduct Officer, and/or witnesses. The Conduct Officer, the Respondent and/or the Complainant shall not directly ask questions to each other or other witnesses. The Conduct Officer, 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 Officer, the Respondent, the Complainant, and/or members of the SCB. The method of questioning witnesses outlined in this Section .08(4)(f) is used to preserve the educational tone of the SCB Hearing and to avoid the creation of an adversarial environment.

(g) Closing Statements. At the close of the SCB Hearing, the Chairperson may allow the Conduct Officer, 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.

(h) Burden of Presenting Information Demonstrating Misconduct. The Conduct Officer bears the burden of presenting information demonstrating that it is more likely than not that the Respondent violated a Standard of Conduct, 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 Officer, the Complainant, or the Respondent if the Complainant or the Respondent chooses not to present information or witnesses to the SCB.

(5) Notice of 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 Standard of Conduct alleged in the Notice of Allegations to have been violated, whether it is more likely than not that the Respondent violated the Standards of Conduct. The SCB will decide by majority vote whether the Respondent violated the Standards of Conduct. The Chairperson shall not vote on the decision of whether the Respondent is responsible for violating the Standards of Conduct or what sanctions should be imposed unless there is a tie vote of the SCB.

(b) Basis of Decision. The SCB shall base its decision solely on information 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 Officer, the Respondent, and the Complainant have had a chance to review and respond to the additional information either in a resumption of the SCB Hearing or in writing.

(c) Determination of Sanction(s). If the SCB decides that the Respondent violated the Standards of Conduct, then the SCB will decide the appropriate sanction(s) by majority vote. The Conduct Officer and the Complainant may advocate that the SCB impose a specific sanction(s), and the Respondent may respond. In deciding the appropriate sanctions for a Respondent’s misconduct, the SCB may consider any statements provided by the Complainant and/or the Respondent as described in Section .08(3)(a)3. During the sanctioning phase, the SCB may also consider a statement provided by the Conduct Officer about the Respondent’s conduct history.

(d) Issuance of Notice of Decision. Within three (3) 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 SCCS. SCCS shall notify the Respondent about the Notice of Decision and provide a copy of the Notice of Decision. If permitted or required under law, SCCS 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) Inf ormation in Notice of Decision. The following information shall be included in the Notice of Decision: (1) for each Standard of Conduct identified in the Notice of Allegations, the SCB’s decision concerning whether it is more likely than not that the Respondent violated the Standard of Conduct and the SCB’s rationale for the decision concerning the alleged violation of the Standard of Conduct, 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 and the Complainant’s options, if any, to appeal the decision of the SCB.

(6) Appealing Decisions of the Student Conduct Board.

(a) Appealable Decisions. The Conduct Officer, the Complainant and/or 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 .08(6)(c).

(b) Notice of Appeal. An appeal is procedurally valid only if all of the following requirements are met: 1. an appeal shall be submitted in writing by fully completing a form approved by SCCS called a “Notice of Appeal”; 2. the Notice of Appeal shall be received by SCCS within five (5) business days of the date that SCCS transmitted the Notice of Decision; and 3. the Notice of Appeal shall not include information that is not included in the record of the SCB Hearing, except the Notice of Appeal may contain a summary of the new information described in Section .08(6)(c)(3).

(c) 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:

1. Clearly Unreasonable Sanction. The sanction(s) imposed by the SCB is clearly unreasonable (i.e., has no sound basis or justification in reason).

2. 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.

3. 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.

4. 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 Standard of Conduct 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.

(d) 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 .08(6)(b)), until a Notice of Final Decision is issued by the Appellate Board, whichever is later. In cases in which the sanction of degree revocation is imposed, the sanction shall be presented to the Chancellor for approval before the sanction is imposed.

(e) Appellate Board. The Appellate Board is the University body that considers appeals of decisions of the SCB, after a procedurally valid Notice of Appeal has been submitted to SCCS. SCCS will appoint a pool of persons trained by SCCS who are eligible to serve on an Appellate Board. SCCS may appoint University students, University faculty members, or University staff employees to be members of that pool. SCCS shall not appoint persons on the basis of how SCCS anticipates that they will vote.

(f) Determination of Procedural Validity of Notice of Appeal. Within five (5) business days after the receipt of a Notice of Appeal, SCCS 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 SCCS, and contains a valid ground for appeal listed in Section .08(6)(c). If a Notice of Appeal is procedurally invalid and the time for submitting a Notice of Appeal under this Section .08(6)(f) has expired, then SCCS shall send the Conduct Officer, 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.

(g) Appointment of Appellate Board. If the Notice of Appeal is procedurally valid, then SCCS shall appoint an Appellate Board to hear the appeal from the pool of persons who are eligible to serve on an Appellate Board. An Appellate Board shall be composed of one (1) non-voting Chairperson and three (3) voting members. At least one (1) voting member of the Appellate Board shall be a University student; except, however, SCCS shall not appoint students to serve on an Appellate Board in a case involving an allegation of research misconduct or involving an allegation of sexual misconduct unless both the Respondent and the Complainant consent to having students appointed to serve on the Appellate Board hearing their case. The Director of SCCS shall not appoint a person to serve as Chairperson or a voting member of the Appellate Board 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 SCCS or whose direct supervisor is the Conduct Officer who participated in the SCB Hearing shall be ineligible to serve as a member of the Appellate Board.

(h) Transmittal of Notice of Appeal. After the appointment of the members of the Appellate Board, SCCS 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 members of the Appellate Board and all non-appealing parties (e.g., if the Respondent appeals, the Conduct Officer and the Complainant would be the non-appealing parties). A nonappealing party may submit a written response to the Notice of Appeal to the Appellate Board within five (5) business days of SCCS’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 a member of the Appellate Board on the grounds that the person cannot be fair and impartial in deciding the case. If SCCS determines that the person cannot be fair and impartial, then SCCS may appoint a substitute member of the SCB in accordance with Section .08(6)(g).

(i) Recusal. Any member of the Appellate Board who determines that they cannot decide the appeal fairly and impartially for any reason shall recuse themselves from serving on the Appellate Board, in which case SCCS shall appoint a substitute member of the Appellate Board in accordance with this Section .08(6)(g).

(j) Review of the Record. The Appellate Board’s final decision shall be based on its 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 Section .08(6)(h).

(k) Potential Decisions of the Appellate Board. The Appellate Board shall reach one (1) of the following decisions, by a majority vote, if the appeal is determined to be procedurally valid:

1. Affirm both the SCB’s finding that the Respondent violated the Standards of Conduct and the sanctions imposed by the SCB;

2. In a case involving a clearly unreasonable sanction, the Appellate Board may modify the sanctions imposed by the SCB by imposing a greater or lesser sanction(s);

3. In a case involving a material procedural error, the Appellate Board shall remand the case for a new hearing to be conducted by a new SCB or the same SCB.

The Appellate Board should recommend to the Chairperson how to correct the procedural error. SCCS may appoint a substitute member for any member of the SCB who is unavailable to participate in the new hearing;

4. In a case of new information that fits the criteria described in Section .08(6)(c)3., remand the case to the same SCB for the limited purpose of hearing the new information and reconsidering its decision based on the new information. SCCS may appoint a substitute member for any member of the SCB who is unavailable to participate in hearing the new information or the reconsideration of the decision; or 5. In a case in which a SCB member had a personal prejudice or bias, remand the case for a new hearing to be conducted by a new SCB.

(l) Notice of Final Decision. The Appellate Board shall communicate its decision through a written notice called a Notice of Final Decision. The Notice of Final Decision should be issued within ten (10) business days of the submission of the Notice of Appeal. The Notice of Final Decision shall be sent to SCCS, who will notify the Conduct Officer, the Respondent, the Chairperson of the SCB, and, if permitted or required by law, the Complainant about the Notice of Decision and provide them with a copy of the Notice of Decision. The decision of the Appellate Board is final and is not subject to appeal.

(7) Other Issues Heard by the SCB. In addition to hearing disputes concerning violations of the Standards of Conduct, the Student Conduct Board shall also be the University body that hears disputes concerning the interpretation of the Student Government Constitution and disputes concerning the results of Student Government elections.

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 rule filed May 27, 1986; effective August 12, 1986. Amendment filed March 22, 1990; effective June 26, 1990. Amendment filed October 31, 1990; effective January 29, 1991. Amendment filed August 31, 1995; effective December 30, 1995. Amendment filed November 17, 2000; effective March 30, 2001. Repeal and new rule filed April 12, 2012; effective September 28, 2012. Repeal and new rules filed May 24, 2017; effective August 22, 2017. Emergency rules filed June 29, 2018; effective through December 26, 2018. Emergency rules filed July 30, 2018; effective through January 26, 2019. Amendments filed June 29, 2018; effective September 27, 2018. Emergency rules filed August 13, 2020; effective through February 9, 2021. Emergency rules expired effective February 10, 2021, and the rules reverted to their previous statuses. Amendments filed December 17, 2020; effective March 17, 2021. Amendments filed May 14, 2021; effective August 12, 2021.

Tenn. Comp. R. & Regs. 1720-04-03-.09 TITLE IX HEARINGS: HEARINGS AND APPEALS

(1) The Title IX Hearing. Any case that includes Title IX Allegations that reaches the Formal Hearing stage will be resolved through a Title IX Hearing. The Title IX Hearing must be conducted in accordance with 34 C.F.R. 106.45.

(2) The Title IX Hearing Officer. The Vice Chancellor for Student Life (or a designee) will appoint a qualified Title IX Hearing Officer to conduct the Title IX Hearing and will notify the parties and their Advisors, if any, of the appointment. The Title IX Hearing Officer may be a University employee, a team of University employees, an external person engaged to conduct the Title IX Hearing, or a team of external people engaged to conduct the Title IX Hearing. A party may object to the appointment of any Title IX Hearing Officer, in writing to the Vice Chancellor for Student Life. Any objection must be received within three (3) business days of the notice of appointment, and it must state the party’s grounds for objecting. The Vice Chancellor for Student Life will decide whether an objection is justified, and that decision is final. If a Title IX Hearing Officer is removed based on an objection, the Vice Chancellor for Student Affairs will appoint a new qualified Title IX Hearing Officer to conduct the Title IX Hearing.

(3) Notice of Title IX Hearing.

(a) When a Notice of Title IX Hearing Is Sent. The Title IX Hearing Officer will send the Respondent and the Complainant a Notice of Title IX Hearing at least ten (10) business days in advance of the date of the hearing.

(b) Information in the Notice of Title IX Hearing. The Notice of Title IX Hearing will contain, or be accompanied by, the following information: 1. the date, time, and place of the Title IX Hearing; 2. notice of 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 University must provide an Advisor of the University’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; 3. notice that any cross-examination of any other party or witness must be conducted by the Advisor, and never by a party personally; and 4. notice that all of the evidence obtained as part of the investigation that is directly related to the allegations raised in the Formal Complaint will be available to the parties at the hearing. Other pre-hearing information may also be included in the Notice of Title IX Hearing. Any Title IX Hearing may be rescheduled by the Title IX Hearing Officer or upon request of any party and for good cause shown.

(c) More than One Respondent. In cases involving more than one (1) Respondent, Title IX Hearings concerning each Respondent’s conduct may be conducted separately upon written request of a party submitted at least seven (7) business days in advance of the hearing. SCCS has the discretion to make the final determination of whether to grant such a request and will notify the parties of the decision.

(d) Consequences of Failing to Attend a Title IX Hearing. If a party fails to attend a Title IX Hearing, the Title IX Hearing Officer may proceed with the Title IX Hearing without that party’s participation.

(4) General Rules Governing Title IX Hearings.

(a) The Title IX Hearing will take place no sooner than ten (10) business days after the parties’ receipt of the written investigative report.

(b) The Title IX Hearing Officer may conduct pre-hearing meetings or conferences with the parties and their Advisors, if any, to discuss any pre-hearing issues, including but not limited to, the date of the hearing, the location of the hearing, any technology to be used at the hearing, the general rules governing the hearing, including any rules of decorum, the identification of witnesses, and the availability of evidence at the hearing.

(c) Each party must notify the Title IX Hearing Officer at least five (5) business days before the hearing of the identity of the party’s Advisor, if any, or that the party does not have an Advisor so that the University can provide an Advisor.

(d) At the request of either party, the University will provide for the hearing to occur with the parties located in separate rooms with technology enabling the Title IX Hearing Officer and parties to simultaneously see and hear the party or the witness answering questions.

(e) Upon request of a party, and for good cause shown, the Title IX Hearing Officer may permit the participation of witnesses who were not identified by the party to the investigator, or the inclusion of evidence at the Title IX Hearing that was not provided by the party to the investigator.

(5) Procedural Rules for Title IX Hearings.

(a) Authority of the Title IX Hearing Officer. The Title IX Hearing Officer has the authority to maintain order and make all decisions necessary for the fair, orderly, and expeditious conduct of the Title IX Hearing. The Title IX Hearing Officer shall be the final decision maker concerning what, how, and in what order witnesses are questioned and evidence is examined.

(b) Exclusion of Information.

1. 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.

2. The University cannot 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 which are made and maintained in connection with the provision of treatment to the party, unless the University obtains that party’s voluntary, written consent to do so.

3. The University cannot 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.

(c) Preliminary Matters. The Title IX Hearing Officer shall begin the hearing by explaining the substance of the allegations and the specific University rule or policy allegedly violated.

(d) Attendance and Participation. Attendance during a Title IX Hearing generally is limited to the Title IX Hearing Officer, a representative from SCCS, the Complainant and the Complainant's Advisor, the Respondent and the Respondent's Advisor, and witnesses.

Witnesses may attend the Title IX Hearing only while they are presenting information to the Title IX Hearing Officer, unless the witness is the Complainant or the Respondent.

The Title IX Hearing Officer and SCCS have the discretion to allow other persons to attend the Title IX Hearing, in accordance with state and federal law.

(e) Opening Statements. The Complainant and then the Respondent may each make an opening statement to the Title IX Hearing Officer, and they may provide a written copy of their opening statements to the Title IX Hearing Officer at the hearing. The Title IX Hearing Officer will provide a copy of any written opening statement received to the other party.

(f) Questioning the Witnesses. Following any opening statements, the Title IX Hearing Officer will question the Complainant, the Respondent, and any witnesses requested by the parties or deemed to have relevant information by the Title IX Hearing Officer.

The Title IX 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 must be conducted directly, orally, and in real time by the party’s Advisor of choice and never by a party personally. Only relevant cross-examination and other questions may be asked of a party or witness.

Before the Complainant, the Respondent, or any witness answers a cross-examination or other question, the Title IX Hearing Officer must first determine whether the question is relevant and explain any decision to exclude a question as not relevant. If a party or witness does not submit to cross-examination at the hearing, the Title IX Hearing Officer must not rely on any statement of that party or witness in reaching a determination regarding responsibility; provided, however, that the Title IX Hearing Officer cannot draw an inference about the determination regarding responsibility based solely on a party’s or witness’s absence from the hearing or refusal to answer cross-examination or other questions. Notwithstanding any provisions in this Section .09(5)(f) to the contrary, alleged verbal conduct by a Respondent that constitutes any

part of the Title IX Allegations at issue in the case may be considered by the Title IX Officer in reaching a determination regarding responsibility even if the Respondent does not submit to cross-examination during the Title IX Hearing.

(g) Closing Statements. At the close of the Title IX Hearing, the Title IX Hearing Officer may allow the Complainant and the Respondent equal opportunities to make closing statements summarizing the information presented to the Title IX Hearing Officer and/or advocating the decision that the Title IX Hearing Officer should reach.

(6) Recording of the Title IX Hearing. The University will create an audio or audiovisual recording or transcript of the hearing and make it available to the parties for inspection and review.

(7) Notice of Decision of Title IX Hearing Officer. Within ten (10) business days of the hearing, the Title IX Hearing Officer must issue a written determination regarding responsibility (“Notice of Decision of Title IX Hearing Officer”). The written determination must include (a) identification of the 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 the Code to the facts; (e) a statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any disciplinary sanctions imposed on the Respondent, and whether remedies designed to restore or preserve equal access to the University’s education program or activity will be provided by the University to the Complainant; and (f) the procedures and permissible bases for the Complainant and Respondent to appeal. If the Respondent is determined responsible, the Title IX Hearing Officer may consider relevant information provided at the hearing by the Complainant, the Respondent, or any other witness in deciding the appropriate sanction for the Respondent’s misconduct.

(8) Notice of Decision of Title IX Hearing Officer to SCCS. The Title IX Hearing Officer shall transmit a copy of the Notice of Decision of Title IX Hearing Officer to SCCS. SCCS shall notify the Respondent, the Complainant, and their Advisors about the written determination and provide a copy of it simultaneously to the parties and their Advisors.

(9) Appealing Decisions of the Title IX Hearing Officer.

(a) Appealable Decisions. The Complainant and the Respondent may appeal the decisions of the Title IX Hearing Officer that are contained in the Notice of Decision of Title IX Hearing Officer (as well as a decision by the University to dismiss a Formal Complaint that includes Title IX Allegations), but the grounds for appeal are limited to those described in Section .09(8)(c).

(b) Notice of Appeal. An appeal is procedurally valid only if all of the following requirements are met: 1. an appeal shall be submitted in writing by fully completing a form approved by SCCS called a “Notice of Appeal”; 2. the Notice of Appeal shall be received by the Vice Chancellor for Student Life, or their designee, within five (5) business days of the date that SCCS transmitted the Notice of Decision; and 3. the Notice of Appeal shall not include information that is not included in the record of the Title IX Hearing, except the Notice of Appeal may contain a summary of the new information described in Section .09(8)(c)3. SCCS will notify the other party in writing when an appeal is received.

(c) 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:

1. Clearly Unreasonable Sanction. The sanction(s) imposed by the Title IX Hearing Officer is clearly unreasonable (i.e., has no sound basis or justification in reason).

2. Procedural Error. A procedural irregularity affected the outcome of the matter.

3. New Evidence. New evidence that was not reasonably available at the time the determination regarding responsibility was made that could affect the outcome of the matter.

4. Conflict of Interest or Bias. The Title IX Coordinator, the investigator(s), or the Title IX 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.

(d) Effective Date of Sanction. The sanction(s) imposed by the Title IX Hearing Officer 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 .09(8)(c)), until a Notice of Title IX Final Decision is issued by the Vice Chancellor for Student Life, whichever is later.

(e) Appeal Process. Each party may submit a written statement in support of or challenging the outcome of the Title IX Hearing. The written statement must be received by the Vice Chancellor for Student Life within five (5) business days of the date on which the Notice of Appeal was filed, or within five (5) business days on which the non-appealing party received notice that the other party filed a Notice of Appeal.

Within five (5) business days of the receipt of the last timely submitted appeal, the Vice Chancellor for Student Life will issue a written decision (Notice of Title IX Final Decision) describing the result of the appeal and the rationale for the result, which will be provided simultaneously to both parties. The decision of the Vice Chancellor for Student Life is final and not subject to further appeal.

History

• Authority: T.C.A. § 49-9-209(e).
• Administrative History: New rule filed December 17, 2020; effective March 17, 2021. Amendments filed May 14, 2021; effective August 12, 2021.

Tenn. Comp. R. & Regs. 1720-04-03-.10 SANCTIONS

(1) General Rules.

(a) Purposes of Sanctions. The purposes of sanctions include, without limitation: (1) to educate the Respondent about appropriate conduct; (2) to promote the personal and professional development of the Respondent; (3) to discourage the Respondent and other students from violating the Standards of Conduct; and (4) to protect other members of the University community. The sanctions 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; the Respondent’s academic classification (e.g., undergraduate, graduate, freshman, sophomore, junior, senior); and other aggravating or mitigating factors.

(b) Administrative and Developmental Sanctions. A student who accepts responsibility or is found responsible for violating the Standards of Conduct generally will be given one (1) or more administrative sanctions. A student may also be given one (1) or more developmental sanctions.

(2) Administrative Sanctions.

(a) Warning. A warning is a written notice to a student that informs them that they have violated the Standards of Conduct, that the misconduct must cease and/or not reoccur, and that further misconduct will likely result in the imposition of more serious sanctions.

(b) Disciplinary Probation. Disciplinary probation is imposed for a designated period of time during which the student may continue to be enrolled but must demonstrate conduct that conforms to the Standards of Conduct. 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 reenroll following a suspension will be placed on disciplinary probation. Subsequent violations of the Standards of Conduct 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 Standards of Conduct. 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 Standards of Conduct while the student is on deferred suspension, then the sanction of suspension will be the minimum sanction that will be 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 designated 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 reenroll. 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-controlled property without the prior approval of the Vice Chancellor for Student Life. The student may be required to meet with an assigned Student Life staff member periodically while suspended to ensure the student is making satisfactory progress regarding the developmental sanctions issued.

The Vice Chancellor for Student Life will determine whether the student is eligible for consideration for re-enrollment by the University’s admissions office(s). Prior to reenrollment, the student must satisfy the terms and conditions of all sanction(s) that are required to be completed prior to re-enrollment. Students who are permitted to return to the University following a period of suspension will automatically be placed on disciplinary probation by SCCS for a designated period of time, which is designed to facilitate a smooth transition back to the University community. A student on postsuspension disciplinary probation must abide by the Standards of Conduct and all terms and conditions placed on the student’s re- enrollment.

(e) Expulsion. Expulsion is a sanction that permanently bars a person 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-controlled property without the prior approval of the Vice Chancellor for Student Life.

(f) Withholding of Degree. The University may withhold a degree as a disciplinary sanction for a designated 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. Revocation of a degree shall be approved by the Chancellor before the revocation is effective. If approved by the Chancellor, 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.

(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 University-affiliated activities. Any exceptions to social probation must be approved, in advance, by the Vice Chancellor for Student Life.

(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 an opportunity to demonstrate the ability to abide by the Standards of Conduct. 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 Standards of Conduct 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.

(3) Developmental Sanctions. In addition to an administrative sanction(s), one (1) or more of the following developmental sanctions may be imposed 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, offering a formal apology (in writing and/or in person); 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 SCCS. The student may be held responsible for the payment of reasonable expenses relating to the educational activity.

(b) Restitution. Restitution is compensation for loss, damage, and/or injury incurred as a result of the student’s conduct. 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. Normally, all restitution must be paid or made within two (2) weeks of the imposition of the sanction.

(c) Supervised Work/Service. A student may be assigned unpaid work or 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, or participation in University-affiliated activities (e.g., 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.

(4) Parental Notifications. If a student accepts responsibility or is found responsible for violating a Standard of Conduct involving drugs or alcohol, and that student is under twenty-one (21) years of age, SCCS shall inform the parent or legal guardian of that student of the violation, as required by state law. Typically, SCCS fulfills the parental notification requirement by mailing written notification to the parent or legal guardian’s address listed with the Office of the University Registrar. SCCS may also notify parents or legal guardians through other means when necessary or appropriate. Parental notification is not considered a disciplinary sanction.

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 rule filed May 27, 1986; effective August 12, 1986. Amendment filed March 22, 1990; effective June 26, 1990. Amendment filed October 31, 1990; effective January 29, 1991. Amendment filed August 31, 1995; effective December 30, 1995. Amendment filed November 17, 2000; effective March 30, 2001. Repeal and new rule filed April 12, 2012; effective September 28, 2012. Repeal and new rules filed May 24, 2017; effective August 22, 2017. Emergency rules filed July 30, 2018; effective through January 26, 2019. Amendments filed June 29, 2018; effective September 27, 2018. Rule was originally numbered 1720-04-03-.09 but was renumbered

Tenn. Comp. R. & Regs. 1720-04-03-.11 HONOR STATEMENT

(1) Honor Statement. An essential feature of the University is a commitment to maintaining an atmosphere of intellectual integrity and academic honesty. As such the University utilizes an Honor Statement that reads, “As a student of the University, I pledge that I will neither knowingly give nor receive any inappropriate assistance in academic work, thus affirming my own personal commitment to honor and integrity.”

(2) Informing Students and Faculty. The following methods will generally be used to inform students and faculty members about the Honor Statement: (1) the Honor Statement appears on undergraduate and graduate applications for admission, and applicants will be required to acknowledge his/her affirmation of the Honor Statement in writing; (2) information regarding the Honor Statement is included in the undergraduate and graduate catalogs, Hilltopics; (3) the Honor Statement is discussed during student orientation programs; (4) faculty members are encouraged to discuss the Honor Statement with students in their courses; (5) faculty members are encouraged to include the Honor Statement in their course syllabus; (6) implementation methods and alternatives are discussed during faculty orientation programs; and (7) the enforcement of the Honor Statement is through the Standards of Conduct (Section .04(1)) and the student conduct process.

(3) Academic Dishonesty. The Honor Statement prohibits cheating, plagiarism, and any other type of academic dishonesty.

(4) Plagiarism. Plagiarism is using the intellectual property or product of someone else without giving proper credit. The undocumented use of someone else’s words or ideas in any medium of communication (unless such information is recognized as common knowledge) is a serious offense, subject to disciplinary action that may include failure in a course and/or dismissal from the University. Specific examples of plagiarism include, but are not limited to:

1. using without proper documentation (quotation marks and citation) written or spoken words, phrases, or sentences from any source; 2. summarizing without proper documentation (usually a citation) ideas from another source (unless such information is recognized as common knowledge); 3. borrowing facts, statistics, graphs, pictorial representations, or phrases without acknowledging the source (unless such information is recognized as common knowledge); 4. collaborating on a graded assignment without the instructor’s approval; and 5. submitting work, either in whole or partially created by a professional service or used without attribution (e.g., paper, speech, bibliography, or photograph).

(5) Examples of Other Types of Academic Dishonesty. Specific examples of other types of academic dishonesty include, but are not limited to: 1. providing or receiving unauthorized information during an examination or academic assignment, or the possession and/or use of unauthorized materials during an examination or academic assignment; 2. providing or receiving unauthorized assistance in connection with laboratory work, field work, scholarship, or another academic assignment; 3. falsifying, fabricating, or misrepresenting data, laboratory results, research results, citations, or other information in connection with an academic assignment; 4. serving as, or enlisting the assistance of, a substitute for a student in the taking of an examination or the performance of an academic assignment; 5. altering grades, answers, or marks in an effort to change the earned grade or credit; 6. submitting without authorization the same assignment for credit in more than one (1) course; 7. forging the signature of another or allowing forgery by another on any class or University-related document such as a class roll or drop/add sheet; 8. gaining an objectively unfair academic advantage by failing to observe the expressed procedures or instructions relating to an exam or academic assignment; and 9. engaging in an activity that unfairly places another student at a disadvantage, such as taking, hiding, or altering resource material, or manipulating a grading system.

(6) Responsibilities Associated with the Honor Statement. All members of the University community have responsibilities associated with the Honor Statement. These responsibilities are unique to each sector of the University community. Each student is responsible for his/her own personal integri ty in academic life. Each student is responsible for knowing and adhering to the terms and conditions of the Honor Statement and may acknowledge his/her adherence to the Honor Statement by writing, “Pledged,” and signing on a graded class assignment or examination. Although there is no affirmative duty to report the academic dishonesty of another, each student, given the dictates of his/her own conscience, may choose to report any violation of the Honor Statement to a faculty member or to SCCS. The discouragement of academic dishonesty, and the response to academic dishonesty, is the immediate responsibility of the instructor. However, students are not excused from complying with the Honor Statement because of an instructor’s failure to address or discourage academic dishonesty.

(7) Academic Dishonesty.

(a) Notice of Academic Dishonesty and Informal Opportunity to Respond. When an act of alleged academic dishonesty, in violation of Section .04(1) is discovered by, or brought to the attention of, an instructor, the instructor shall notify the student about the alleged academic dishonesty, describe the information supporting the allegation, and give the student an informal opportunity to respond to the allegation(s) and information.

(b) Referral by Academic Department to SCCS. After the instructor provides the student with an informal opportunity to respond, and if the instructor still believes that an act of academic dishonesty has occurred, the instructor shall refer the incident to SCCS. In referring the incident to SCCS, the instructor shall include the academic penalty that the instructor plans to impose, if any. The referring instructor will not assign an academic penalty or a final grade for the course pending resolution of the allegation by SCCS. If a grade must be submitted at the end of the grading period, the student will receive a temporary grade of “Not Reported” (NR) until the case is resolved. The instructor does not have the authority under the Code to impose a sanction identified in

Section .10(2) or Section .10(3).

(c) Academic Penalties and Appeals of Academic Penalties. If, at the conclusion of the student conduct process, SCCS determines that a student is not responsible for violating Section .04(1), the instructor shall not impose any academic penalty. If SCCS determines that a student is responsible for violating Section .04(1), the instructor may impose an academic penalty, in addition to any sanctions imposed by SCCS under

Section .10(2) or .10(3). Academic penalties may include, without limitation, dismissal from a program of study; a failing or reduced grade in the academic exercise, assignment, examination, and/or course; loss of credit for the work involved; an assignment to repeat the work, to be graded on its merits; and/or a warning. An instructor may impose more than one (1) academic penalty. A student may appeal an academic penalty, as distinct from a student disciplinary sanction, through the appropriate institutional academic misconduct or grade appeal procedures, including the Undergraduate Council Appeal Procedure or Graduate Council Appeal Procedure.

(8) Academic Dishonesty – Resolution through the Student Conduct Process. After receiving any conduct referral for academic dishonesty, SCCS will proceed with the student conduct process. SCCS may issue a Notice of Allegations for violating Section .04(1) regardless of the response of the instructor to the alleged academic dishonesty. If SCCS issues a finding of responsibility and Notice of Sanctions for a violation of Section .04(1), then the allegations shall be resolved through a Resolution Agreement, a Formal Hearing, or an Alternative Resolution Process, pursuant to Section .07 of the Code.

(9) College of Law. The University of Tennessee College of Law has adopted and promulgated its own Code of Academic Conduct, Chapter 1720-04-09. Chapter 1720-04-09 shall control in the event of a conflict between this Code and Chapter 1720-04-09.

(10) Research Misconduct. Notwithstanding anything in this Code to the contrary, allegations of research misconduct shall be reported, assessed, inquired into, investigated, and resolved consistently with the University’s Policy on Misconduct in Research and Service.

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 rule filed May 27, 1986; effective August 12, 1986. Amendment filed March 22, 1990; effective June 26, 1990. Amendment filed October 31, 1990; effective January 29, 1991. Amendment filed August 31, 1995; effective December 30, 1995. Amendment filed November 17, 2000; effective March 30, 2001. Repeal and new rule filed April 12, 2012; effective September 28, 2012. Repeal and new rules filed May 24, 2017; effective August 22, 2017. Rule was originally numbered 1720-04-03-.10 but was renumbered 1720-04-03-.11 with the introduction of a new emergency rule 1720-04-03-.09 filed August 13, 2020; effective through February 9, 2021. Emergency rules expired effective February 10, 2021, and the rules reverted to their previous statuses and numbering. Rule was originally numbered 1720-04-03-.10 but was renumbered 1720-04-03-.11 with the introduction of a new rule 1720-04-03-.09 filed December 17, 2020; effective March 17, 2021. Amendments filed December 17, 2020; effective March 17, 2021. Amendments filed May 14, 2021; effective August 12, 2021.

Tenn. Comp. R. & Regs. 1720-04-03-.12 AMNESTY FOR INDIVIDUAL GOOD SAMARITANS AND STUDENTS IN NEED OF

EMERGENCY MEDICAL ATTENTION.

(1) Background. The University of Tennessee holds paramount the health, safety, and welfare of students. Accordingly, all University students are expected to alert appropriate officials in the event of a health, safety, or welfare emergency, including, without limitation, a situation involving the abuse of alcohol or other drugs.

(2) Expectations. When individual students know or reasonably should have known that other individual students are in need of emergency medical attention, the individual students are expected to: (1) contact appropriate people to report the incident and request assistance (e.g., University staff members, law enforcement), and provide those people with the names and contact information for the individual students reporting the incident and the impaired individual students; and (2) demonstrate cooperation and care by remaining with the impaired individual students and providing reasonable assistance during and after the incident.

Individual students who take all of the steps described in this Section .12(2) will be referred to as a “Good Samaritan” under the Code. The individual students in need of emergency medical attention will be referred to as an “individual impaired student” under the Code.

(3) Amnesty for Individual Good Samaritans. Unless individual Good Samaritans have engaged in a repeated or serious violation of the Standards of Conduct (e.g., physical or sexual assault, property destruction, disorderly behavior, theft, second incident of misconduct involving alcohol or drugs), individual Good Samarita ns will not be subject to formal University disciplinary action for misconduct discovered by the University as a result of the Good Samaritan’s report. While no formal University disciplinary action may be taken, the individual students who acted as a Good Samaritan may be required to meet with a University staff member to discuss the individual Good Samaritan’s misconduct and adhere to appropriate remedial and/or educational recommendations.

(4) Amnesty for Individual Impaired Students. Unless individual impaired students have engaged in a repeated or serious violation of the Standards of Conduct (e.g., physical or sexual assault, property destruction, disorderly behavior, theft, second incident of misconduct involving alcohol or drugs), individual impaire d students will not be subject to formal University disciplinary action for misconduct discovered by the University as a result of the Good Samaritan’s report. While no formal University disciplinary action may be taken, the individual impaired students may be required to meet with a University staff member, participate in educational activities, and/or establish that the individual students have addressed issues that contributed to the misconduct.

(5) Application of Amnesty to Student Organizations. Student organizations, through their officers and members, are also expected to take responsible action in emergency situations. While this Section .12 may not fully apply to a student organization, adherence to steps described in Section .12(2) by a student organization’s officers and/or members will be considered a mitigating factor when determining the outcome or sanction. Additionally, the University will consider a failure of officers and/or members to adhere to steps described in Section .12(2) to be an aggravating factor when determining the outcome or sanction.

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 rule filed January 13, 1999; effective May 31, 1999. Repeal and new rule filed April 12, 2012; effective September 28, 2012. Repeal and new rules filed May 24, 2017; effective August 22, 2017. Rule was originally numbered 1720- 04-03-.11 but was renumbered 1720-04-03-.12 with the introduction of a new emergency rule 1720-04- 03-.09 filed August 13, 2020; effective through February 9, 2021. Emergency rules expired effective February 10, 2021, and the rules reverted to their previous statuses and numbering. Rule was originally numbered 1720-04-03-.11 but was renumbered 1720-04-03-.12 with the introduction of a new rule 1720- 04-03-.09 filed December 17, 2020; effective March 17, 2021. Amendments filed December 17, 2020; effective March 17, 2021. Amendments filed May 14, 2021; effective August 12, 2021.

Tenn. Comp. R. & Regs. 1720-04-03-.13 EMERGENCY POWERS

When, in the judgment of the University’s Chancellor, conditions are such that it is impractical for the Student Conduct Board to function, the Vice Chancellor for Student Life may suspend these procedural regulations and appoint an ad hoc committee to hear a conduct matter. Any such ad hoc committee shall follow procedures that will insure that the Respondent is provided with due process. The final decision of the ad hoc committee may be appealed to the Vice Chancellor for Student Life, but the grounds for appeal are limited to those outlined in Section .08(6)(c).

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 rule filed May 27, 1986; effective August 12, 1986. Amendment filed March 22, 1990; effective June 26, 1990. Amendment filed October 31, 1990; effective January 29, 1991. Amendment filed August 31, 1995; effective December 30, 1995. Amendment to renumber rule from 1720-04-03-.11 filed January 13, 1999; effective May 31, 1999. Amendment filed November 17, 2000; effective March 30, 2001. Repeal and new rule filed April 12, 2012; effective September 28, 2012. Repeal and new rules filed May 24, 2017; effective August 22, 2017. Rule was originally numbered 1720-04-03-.12 but was renumbered 1720-04-03-.13 with the introduction of a new emergency rule 1720-04-03-.09 filed August 13, 2020; effective through February 9, 2021. Emergency rules expired effective February 10, 2021, and the rules reverted to their previous statuses and numbering. Rule was originally numbered 1720-04-03-.12 but was renumbered 1720-04-03-.13 with the introduction of a new rule 1720-04-03-.09 filed December 17, 2020; effective March 17, 2021.

Tenn. Comp. R. & Regs. 1720-04-03-.14 MAINTENANCE, DISCLOSURE, AND EXPUNGEMENT OF STUDENT

DISCIPLINARY RECORDS.

(1) Maintenance of Student Disciplinary Records. The University maintains student disciplinary records separately from student academic records.

(2) Disclosure of Student Disciplinary Records while a Student Is Enrolled.

(a) While a student is enrolled in the University, SCCS may disclose disciplinary records to University officials who have a legitimate educational interest in the disciplinary records, subject to Section .14(2)(b), or to students who request to inspect their disciplinary records. SCCS may disclose disciplinary records to other persons only in accordance with state or federal law or with the student’s consent and in some circumstances will be required by state or federal law to disclose disciplinary records (e.g., subpoena, judicial order).

(b) While a student is still enrolled in the University but applying for post-graduation employment or graduate school, SCCS will disclose a student’s disciplinary records to persons outside of SCCS only with the student’s consent and if one of the following sanctions was imposed on the student while the student was enrolled in the University: suspension; expulsion; withholding of degree; or revocation of degree. Notwithstanding the previous sentence, SCCS will disclose disciplinary records as required by state or federal law (e.g., subpoena, judicial order).

(3) Disclosure of Student Disciplinary Records after a Student Is No Longer Enrolled. After a student is no longer enrolled in the University, SCCS will disclose a student’s disciplinary records to persons outside of SCCS only with the student’s consent and if one (1) of the following sanctions was imposed on the student while the student was enrolled in the University: suspension; expulsion; withholding of degree; or revocation of degree.

Notwithstanding the previous sentence, SCCS will disclose disciplinary records as required by state or federal law (e.g., subpoena, judicial order).

(4) Expungement of Student Disciplinary Records. SCCS permanently maintains student disciplinary records for students who have received the following sanctions (or their equivalents under previous versions of the Code): suspension; expulsion; withholding of degree; or revocation of degree. SCCS expunges student disciplinary records for other students seven (7) years after graduation or the last date of enrollment, except as prohibited by law or a University litigation hold.

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 rule filed May 27, 1986; effective August 12, 1986. Amendment filed March 22, 1990; effective June 26, 1990. Amendment filed August 31, 1995; effective December 30, 1995. Amendment to renumber rule from 1720-04-03-.12 filed January 13, 1999; effective May 31, 1999. Amendment filed November 17, 2000; effective March 30, 2001. Repeal and new rule filed April 12, 2012; effective September 28, 2012. Repeal and new rules filed May 24, 2017; effective August 22, 2017. Emergency rules filed July 30, 2018; effective through January 26, 2019. Amendments filed June 29, 2018; effective September 27, 2018. Rule was originally numbered 1720-04- 03-.13 but was renumbered 1720-04-03-.14 with the introduction of a new emergency rule 1720-04-03- .09 filed August 13, 2020; effective through February 9, 2021. Emergency rules expired effective February 10, 2021, and the rules reverted to their previous statuses and numbering. Rule was originally numbered 1720-04-03-.13 but was renumbered 1720-04-03-.14 with the introduction of a new rule 1720- 04-03-.09 filed December 17, 2020; effective March 17, 2021. Amendments filed December 17, 2020; effective March 17, 2021. Amendments filed May 14, 2021; effective August 12, 2021.

Tenn. Comp. R. & Regs. 1720-04-03-.15 DEFINITIONS OF TERMS USED IN THE CODE

The following words, terms, or phrases, when used in the Code, shall have the following meanings:

(1) Attend: To participate in a meeting or hearing electronically or in person.

(2) Business Day: Any weekday not designated by the University as a holiday or administrative closure 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.

(3) Chairperson: A faculty or staff member appointed by SCCS to preside over and facilitate a SCB Hearing.

(4) Code, Code of Conduct, or Student Code of Conduct: The University of Tennessee, Knoxville’s Student Code of Conduct, Chapter 1720-04-03.

(5) Complainant: An individual who may have been subjected to student conduct that violates the Standards of Conduct, regardless of whether that individual makes a complaint or report to SCCS. This term does not imply pre-judgment concerning whether the Respondent violated the Standards of Conduct. SCCS is the final decision maker with respect to whether an individual is a Complainant for purposes of the Code.

(6) Conduct Officer: A University employee designated by SCCS to present information on behalf of SCCS to the Student Conduct Board.

(7) Disciplinary Hold: The University hold described in Section .06(3)(c).

(8) Disciplinary Records: A written record that personally identifies a Respondent and is maintained by SCCS.

(9) Faculty Member or Instructor: A person hired by the University to conduct teaching, research, or supervised clinical placements.

(10) Formal Complaint. A document filed by a Complainant (or signed by the Title IX Coordinator) alleging that a Respondent engaged in sexual harassment, sexual assault, dating violence, domestic violence, stalking, or sexual exploitation, and requesting that the University investigate the allegation. There are two (2) types of Formal Complaints: (a) Formal Complaints that include Title IX Allegations (as defined under Section .15(29)); and (b)

Formal Complaints that do not include Title IX Allegations, but do otherwise include allegations of sexual harassment, sexual assault, dating violence, domestic violence, stalking, or sexual exploitation.

(11) Formal Hearing: A SCB Hearing, a hearing before a Student Life Hearing Officer, a Title IX Hearing, and/or a UAPA Hearing.

(12) Good Faith: Having a belief in the truth of information that a reasonable person in the same position could have, based on the information known to the person communicating the information at the time the information was communicated by that person. Information is not communicated in good faith if it is communicated with knowing or reckless disregard for information that would negate the former information.

(13) Member of the University Community: A person who is a student, University employee, University volunteer, invited visitor to University-controlled property, or participant in a University-affiliated activity.

(14) Notice or Notify (given to students): Written notice transmitted by United States mail, courier service, or hand delivery to the address the University’s Registrar has on file for the student; and/or by e-mail to a 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 SCCS.

(15) Possession: Direct control of a substance or property, actual knowledge of a substance or property, and/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.

(16) Protected Activity: A person’s good faith: (a) opposition to conduct prohibited under the Standards of Conduct; (b) report to the University about conduct prohibited under the Standards of Conduct to the University; (c) participation (or reasonable expectation of participation) in any manner in an investigation, meeting, hearing, or interim measure; or (d) exercise of rights or responsibilities under any provision of the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act.

(17) Reasonable Person: A sober, objectively reasonable person in the same situation, and with the same sex, gender identity, and sexual orientation as the person whose words and/or conduct are being evaluated.

(18) Relevant Information: Information having any tendency to make the existence of any fact that is of consequence to determining whether the Respondent violated the Standards of Conduct more probable or less probable than it would be without the information. This definition does not apply to Title IX Hearings.

(19) Respondent: A student or student organization who has been accused of violating the Standards of Conduct and/or whose conduct is being investigated by SCCS.

(20) Sanction: An administrative sanction and/or a developmental sanction.

(21) SCB: Student Conduct Board.

(22) SCCS: The Office of Student Conduct and Community Standards, which acts through University employees designated by the Director of SCCS to act on behalf of the University in the student conduct process, including, without limitation, University employees who work in SCCS and University employees who work in University Housing.

(23) Sexual Harassment. Conduct on the basis of sex that satisfies one (1) or more of the following: (a) an employee of the University conditioning the provision of an aid, benefit, or service of the University 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 the University’s education program or activity; or (c) sexual assault, dating violence, domestic violence, or stalking.

(24) Staff Member: A person employed by the University on a part- or full-time basis, primarily involved in planning, organizing, staffing, directing and controlling efforts to achieve the goals and objectives of the University.

(25) Standards of Conduct: Chapter 1720-04-03-.04.

(26) Student: For purposes of the Code, the term “student” means:

(a) A person enrolled or registered for study at the University, either full-time or part-time, pursuing undergraduate, graduate, or professional studies, as well as non-degree and non-credit programs and courses;

(b) A student organization;

(c) A person who has completed the immediately preceding academic term and is eligible for re-enrollment;

(d) A person who is not officially enrolled but who has a continuing relationship with the University (e.g., on educational leave or other approved leave status);

(e) A person who attended the University during a previous academic term and who engaged in misconduct during the time of enrollment; and/or (f) A person who has been admitted to the University and later matriculates at the University, with respect to misconduct:

1. That occurs as part of the application process; or 2. That occurs post-admission and pre-matriculation and falls within the jurisdiction of the Code (e.g., occurs on University-controlled property).

(27) Student Life Hearing Officer. As more fully described in Section .07(2)(d), a University employee designated by the Director of SCCS to conduct a Formal Hearing.

(28) Student Organization: An organization composed of University students that has submitted a pending application or has completed the process for registration according to University rules.

(29) Title IX Allegations. Allegations within a Formal Complaint that a Respondent’s conduct constitutes Sexual Harassment (as defined under Section .15(23)) in the University’s education program or activity and occurred within the United States.

(30) Title IX Hearing Officer. As more fully described in Section .09(2), a person or persons appointed to conduct a Title IX Hearing.

(31) UAPA: Uniform Administrative Procedures Act, Tennessee Code Annotated, §§ 4-5-301 et seq.

(32) UAPA Hearing: A formal hearing conducted by an administrative judge or hearing officer in accordance with the University’s procedures for conducting a contested case hearing pursuant to the UAPA, Chapter 1720-01-05.

(33) University: The University of Tennessee, Knoxville, which includes the University of Tennessee Institute of Agriculture and the University of Tennessee Space Institute; and their campuses, centers, and constituent parts including, without limitation, their academic, administrative, or auxiliary departments or divisions.

(34) University-Affiliated Activity: An activity on or off University-controlled property that is initiated, aided, authorized, sponsored, or supervised by the University.

(35) University-Controlled Property: All land, grounds, structures, or any other property owned, controlled, or operated by the University. For purposes of this rule, University-controlled property includes, without limitation, all streets, alleys, sidewalks, and public ways abutting such property. University-controlled property also includes computers and network systems owned, controlled, or operated by the University or funded by the University.

(36) University Official: An employee of the University, including, without limitation, faculty members and staff members, or, for purposes of this Code, a University-recognized volunteer, when acting in the performance of their duties. Student employees may be considered University officials when acting in the performance of their duties (e.g., event staff, resident assistants, and teaching assistants).

(37) Vice Chancellor for Student Life: The University’s chief student affairs officer, to whom the Chancellor has delegated responsibility for the administration of the Code. For the purposes of the Code, the term also includes any University employee whom the Vice Chancellor for Student Life designates to act in place of the Vice Chancellor for Student Life.

(38) Weapon: Any device, instrument, or substance that is designed to, or reasonably could be expected to, inflict a wound, incapacitate, or cause serious bodily injury or death, including, without limitation, firearms (loaded and unloaded, real firearms and devices that would reasonably appear to a law enforcement officer to be real firearms), ammunition, 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, but not water guns), 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 pocket knives 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.

(39) Written: To communicate words on paper or electronically. A notice delivered via e-mail constitutes a written notice under the Code.

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 rule filed May 27, 1986; eff ective August 12, 1986. Amendment filed March 22, 1990; effective June 26, 1990. Amendment filed August 31, 1995; effective December 30, 1995. Amendment to renumber rule from 1720-04-03-.13 filed January 13, 1999; effective May 31, 1999. Repeal and new rule filed April 12, 2012; effective September 28, 2012. Repeal and new rules filed May 24, 2017; effective August 22, 2017. Rule was originally numbered 1720-04-03-.14 but was renumbered 1720-04-03-.15 with the introduction of a new emergency rule 1720-04-03-.09 filed August 13, 2020; effective through February 9, 2021. Emergency rules filed August 13, 2020; effective through February 9, 2021. Emergency rules expired effective February 10, 2021, and the rules reverted to their previous statuses and numbering. Rule was originally numbered

Tenn. Comp. R. & Regs. 1720-04-03-.16 REPEALED

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 rule filed May 27, 1986; effective August 12, 1986. Amendment filed August 31, 1995; effective December 31, 1995. Amendment to renumber rule from 1720-04-03-.14 filed January 13, 1999; effective May 31, 1999. Amendment filed November 17, 2000; effective March 30, 2001. Repeal and new rule filed April 12, 2012; effective September 28, 2012. Repeal filed May 24, 2017; effective August 22, 2017. Rule was originally numbered

Tenn. Comp. R. & Regs. 1720-04-03-.17 REPEALED

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 rule filed May 27, 1986; effective August 12, 1986. Amendment filed March 22, 1990; effective June 26, 1990. Repeal filed October 31, 1990; effective January 29, 1991. Amendment filed August 31, 1995; effective December 30, 1995. Amendment to Renumber rule from 1720-04-03-.15 filed January 13, 1999; effective May 31, 1999. Amendment filed November 17, 2000; effective March 30, 2001. Repeal and new rule filed April 12, 2012; effective September 28, 2012. Repeal filed May 24, 2017; effective August 22, 2017. Rule was originally numbered 1720-04-03-.16 but was renumbered 1720-04-03-.17 with the introduction of a new emergency rule 1720-04-03-.09 filed August 13, 2020; effective through February 9, 2021. Emergency rules expired effective February 10, 2021, and the rules reverted to their previous statuses and numbering. Rule was originally numbered 1720-04-03-.16 but was renumbered 1720-04-03-.17 with the introduction of a new rule 1720-04-03-.09 filed December 17, 2020; effective March 17, 2021.

Tenn. Comp. R. & Regs. 1720-04-03-.18 REPEALED

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 rule filed May 27, 1986; effective August 12, 1986. Amendment filed August 31, 1995; effective December 30, 1995. Amendment to Renumber rule from 1720-04-03-.16 filed January 13, 1999; effective May 31, 1999. Amendment filed November 17, 2000; effective March 30, 2001. Repeal and new rule filed April 12, 2012; effective September 28, 2012. Repeal filed May 24, 2017; effective August 22, 2017. Rule was originally numbered

Chapter 1720-04-04 Repealed

Tenn. Comp. R. & Regs. 1720-04-04-.01 REPEALED

History

• Authority: T.C.A. § 49-9-209(e) and Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: New rule filed May 27, 1986; effective August 12, 1986. (For history prior to August 12, 1986 see pages (iii)-(i).) Amendment filed March 22, 1990; effective June 26, 1990. Amendment filed August 31, 1995; effective December 30, 1995. Amendment filed January 13, 1999; effective May 31, 1999. Repeal and new rule filed October 30, 2007; effective February 28, 2008. Repeal filed September 16, 2016; effective August 1, 2017.

Tenn. Comp. R. & Regs. 1720-04-04-.06 REPEALED

History

• Authority: T.C.A. § 49-9-209(e) and Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: New rule filed May 27, 1986; effective August 12, 1986. (For history prior to August 12, 1986 see pages (iii)-(i).) Amendment filed October 18, 1989; effective January 29, 1990. Amendment filed March 22, 1990; effective June 26, 1990. Amendment filed August 31, 1995; effective December 30, 1995. Amendment filed January 13, 1999; effective May 31, 1999. Repeal and new rule filed October 30, 2007; effective February 28, 2008. Repeal filed September 16, 2016; effective August 1, 2017.

Tenn. Comp. R. & Regs. 1720-04-04-.02 REPEALED

History

• Authority: T.C.A. § 49-9-209(e) and Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: New rule filed May 27, 1986; effective August 12, 1986. (For history prior to August 12, 1986 see pages (iii)-(i).) Amendment filed March 22, 1990; effective June 26, 1990. Amendment filed August 31, 1995; effective December 30, 1995. Repeal and new rule filed October 30, 2007; effective February 28, 2008. Repeal filed September 16, 2016; effective August 1, 2017.

Tenn. Comp. R. & Regs. 1720-04-04-.03 REPEALED

History

• Authority: T.C.A. § 49-9-209(e) and Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: New rule filed May 27, 1986; effective August 12, 1986. (For history prior to August 12, 1986 see pages (iii)-(i).) Amendment filed August 31, 1995; effective December 30, 1995. Repeal and new rule filed October 30, 2007; effective February 28, 2008. Repeal filed September 16, 2016; effective August 1, 2017.

Tenn. Comp. R. & Regs. 1720-04-04-.04 REPEALED

History

• Authority: T.C.A. § 49-9-209(e) and Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: New rule filed May 27, 1986; effective August 12, 1986. (For history prior to August 12, 1986 see pages (iii)-(i).) Amendment filed March 22, 1990; effective June 26, 1990. Amendment filed August 31, 1995; effective December 30, 1995. Repeal and new rule filed October 30, 2007; effective February 28, 2008. Repeal filed September 16, 2016; effective August 1, 2017.

Tenn. Comp. R. & Regs. 1720-04-04-.05 REPEALED

History

• Authority: T.C.A. § 49-9-209(e) and Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: New rule filed May 27, 1986; effective August 12, 1986. (For history prior to August 12, 1986 see pages (iii)-(i).) Amendment filed March 22, 1990; effective June 26, 1990. Amendment filed August 31, 1995; effective December 30, 1995. Repeal and new rule filed October 30, 2007; effective February 28, 2008. Repeal filed September 16, 2016; effective August 1, 2017.

Chapter 1720-04-05 Traffic and Parking Regulations

Tenn. Comp. R. & Regs. 1720-04-05-.01 GENERAL

(1) These regulations are established by the Traffic and Parking Authority of The University of Tennessee as directed by resolution of The University of Tennessee Board of Trustees on June 20, 1968. They are applicable to all students, faculty, staff, and visitors on the Knoxville campus of The University of Tennessee. Students are required to obey these regulations as a condition of attendance at the University, and faculty and staff (hereinafter referred to as staff) members are required to obey them as a condition of employment.

(2) The purpose of these regulations is to facilitate the safe and orderly conduct of University business and provide parking facilities in support of this function within the limits of available space.

(3) The UT Police Department is responsible for implementation and enforcement of these regulations. Records are maintained by the Parking and Transit Services Department, 865- 974-6031.

(4) The University shall have no responsibility for loss or damage to any vehicle or its contents operated or parked on the Knoxville campus of The University of Tennessee.

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

History

• Authority: T.C.A §49-9-209(e).
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Amendment filed July 29, 1983; effective October 14, 1983. Repealed by Public Chapter 575; effective July 1, 1986. New rule filed May 27, 1986; effective August 12, 1986. Amendment filed October 31, 1990; effective January 29, 1991. Amendment filed August 31, 1995; effective December 30, 1995. Amendment fled November 17, 2000; effective March 30, 2001. Amendment filed November 17, 2008; effective March 30, 2009.

Tenn. Comp. R. & Regs. 1720-04-05-.02 REGISTRATION OF VEHICLES

(1) All motor vehicles operated by staff and students in connection with their employment or attendance at The University of Tennessee must be registered with the Parking and Transit Services Department. Registration alone does not confer any parking privileges at any time on campus. Registration improves the security of campus, identifies the operator as affiliated with the University and provides for more expedient notification in the event of any emergency. THERE WILL BE NO CHARGE FOR REGISTRATION.

(2) Transferable registration hanging tags will be issued to staff and students registering their vehicles. To be valid, these tags must be clearly visible and hanging from the rear view mirror of the registrant s vehicle.

(3) Registration tags are not parking permits and do not confer any parking privileges at any time on campus.

(4) Parking at University Apartments requires a special registration tag that is to be obtained from the Resident Manager’s Office of the apartment complex of residency. This tag will authorize parking at a particular housing unit only. Parking in University lots on the Agriculture and Main Campuses will require the appropriate staff or student parking permit, which may be obtained at the Parking and Transit Services Department, University Center, Room 24, or 2121 Stephenson Drive.

(5) Vehicle registration must be renewed at the beginning of each Fall Semester and is valid until the beginning of the following Fall Semester so long as the registrant remains a student or a University employee.

(6) Staff vehicle registrations must be accomplished within 72-hours of joining the University staff and within 72-hours of acquiring a vehicle. A temporary permit is required during this initial 72-hour period. Staff vehicle registration must be renewed each year at the beginning of the parking year (August 1 through July 31).

(7) Student vehicle registration must be accomplished by the first day of class or within 72 hours of acquiring a vehicle. A temporary permit is required during this 72-hour period.

(8) Lost or stolen registration tags (E tags, K tags) will be replaced without charge.

(9) The person to whom a vehicle is registered is responsible for that vehicle and all violation citations issued thereto. If the person operating the vehicle is other than the registrant when a violation is committed, both he/she and the registrant may be cited.

(10) Specific EXPIRATION DATES are indicated on each registration tag.

(11) Ownership of vehicle registration is not transferable.

History

• Authority: T.C.A. §49-9-209(e).
• Administrative History: Original rule filed May 27, 1986; effective August 12, 1986. Amendment filed March 22, 1990; effective June 26, 1990. Amendment filed October 31, 1990; effective January 29, 1991. Amendment filed August 31, 1995; effective December 30, 1995. Amendment filed January 13, 1999; effective May 31, 1999. Amendment filed November 17, 2000; effective March 30, 2001. Amendments filed November 17, 2008; effective March 30, 2009.

Tenn. Comp. R. & Regs. 1720-04-05-.03 STAFF SPACE ALLOCATION AND PARKING ASSIGNMENT

(1) Parking spaces will be allocated to the departments through the appropriate dean or director.

(2) Deans or directors will make individual assignments not to exceed the number of spaces allocated.

(a) Priority of assignment is up to each department; however, professional rank, seniority, job requirements or physical limitations should be prime considerations.

(b) Assignments will be made by the Parking and Transit Services Department in accordance with instructions from deans or directors.

(c) Assignments and permits extend from the time of issuance to the beginning of the following fall semester.

(d) Staff members will present to the Parking and Transit Services Department letters of authorization from deans or directors for area assignment.

History

• Authority: T.C.A. §49-9-209(e).
• Administrative History: Original rule filed May 27, 1986; effective August 12, 1986. Amendment filed October 31, 1990; effective January 29, 1991. Amendment filed August 31, 1995; effective December 30, 1995. Amendment filed January 13, 1999; effective May 31, 1999. Amendment filed November 17, 2000; effective March 30, 2001. Amendment filed November 17, 2008; effective March 30, 2009.

Tenn. Comp. R. & Regs. 1720-04-05-.04 VEHICLE OPERATION

(1) All persons operating a vehicle on University property or in the campus area, which includes city streets running through University 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) Under normal conditions the maximum speed limit on campus streets is 20 mph and 30 mph on the city streets or as posted. However, 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 will be obeyed.

(5) All persons operating vehicles are responsible for maintaining control of the vehicle, safe operation of the vehicle, and observance of traffic control signs, barriers, and devices.

(6) Operating a motor vehicle in any area other than a street or roadway intended for motor vehicles is prohibited.

(7) All accidents must be reported to the University Police immediately (974-3111).

(8) Bicycles operated on campus or city streets will be controlled under the same regulations and conditions that apply to motor vehicles.

History

• Authority: Public Acts of Tennessee, 1839-1840, chapter 98, Section 5 and Public Acts of Tennessee, 1807, chapter 64.
• Administrative History: Original rule filed May 27, 1986; effective August 12, 1986. Amendment filed October 31, 1990; effective January 29, 1991. Amendment filed August 31, 1995; effective December 30, 1995. Amendment filed January 13, 1999; effective May 31, 1999.

Tenn. Comp. R. & Regs. 1720-04-05-.05 VIOLATIONS

(1) The following examples shall constitute violations of these regulations:

(a) Registration 1. On University property with no visible permit or registration tag 2. Altered or mutilated registration tag or parking permit 3. Unauthorized possession of registration tag or parking permit 4. Falsification of registration information (b) Parking 1. In a no parking zone 2. In unauthorized area 3. In loading zone (including loading dock)

4. Blocking Demptster Dumpster 5. In fire lane 6. Blocking or obstructing traffic, street, sidewalk driveway, fire hydrant, building entrance or exit or another vehicle.

5. Parked wrong way on one-way street 8. Parked overtime 9. Disability parking violation, as defined by State law (e.g., an unauthorized use of a disabled parking space, ramp, plate, or placard; parking a vehicle so that a portion of the vehicle encroaches into a disabled parking space in a manner which restricts, or reasonably could restrict, a person confined to a wheelchair from exiting or entering a vehicle properly parked within a disabled parking space).

6. Parked outside lines or appropriately marked space (c) Moving 1. Exceeding posted speed limit 2. Excessive speed for existing conditions 3. Failure to obey traffic control signal or sign 4. Failure to obey a police officer 5. Operating a vehicle without a valid operator’s license 6. Driving off of roadway or street 7. Reckless driving and/or racing 8. Failure to yield right-of-way at pedestrian crossing 9. Leaving scene of accident 10. Failure to signal turn or stop 11. Wrong way on one-way street 12. Following too closely 13. Operating mechanically unsafe vehicle 14. Driving while under the influence of alcohol or narcotics 15. Operating vehicle causing loud or unnecessary noise, such as loud mufflers, horns, P.A. systems, etc.

History

• Authority: T.C.A. §49-9-209(e).
• Administrative History: Original rule filed May 27, 1986; effective August 12, 1986. Amendment filed March 22, 1990; effective June 26, 1990. Amendment filed October 31, 1990; effective January 29, 1991. Amendment filed August 31, 1995; effective December 30, 1995. Amendment filed January 13, 1999; effective May 31, 1999. Amendment filed November 17, 2000; effective March 30, 2001. Amendments filed November 17, 2008; effective March 30, 2009.

Tenn. Comp. R. & Regs. 1720-04-05-.06 ENFORCEMENT

(1) University violation citations must be answered in person or by mail at the Parking and Transit Services Department, University Center, Room 24, or 2121 Stephenson Drive, within fourteen (14) calendar days after issuance to avoid 50% penalty for late payment or forfeiture of right to appeal.

(2) City citations must be answered as indicated on the citations.

(3) Vehicles having a violation citation(s) which has not been satisfactorily disposed of by payment of assessed penalties/fines within the fourteen (14) calendar day period or by a successful appeal may be towed/booted whenever found parked on University property, provided the owner of such vehicle will first be notified in writing of (a) The existence of delinquent violation citation(s);

(b) The owner’s right to a hearing and where such hearing may be obtained; and (c) The University’s intent to tow/boot such vehicle when it is next found on University property, whether parked legally or illegally.

(4) Vehicles parked in a fire lane, designated handicapped parking space, reserved parking space, or in such manner as to impede the flow of traffic or disrupt the orderly affairs of the University may be impounded/booted. Owners of vehicles impounded/booted for the above reasons have a right to a hearing that will be provided on request prior to the payment of penalties.

(5) Hearing will be provided at the Parking and Transit Services Department located at University Center, Room 24.

(6) Impounded vehicles may be claimed at University Center, Room 24, M-F, 8:30 a.m.-4:30 p.m. After this time, vehicles may be claimed at UT Police Department, 1110 Cumberland Avenue. Impounded vehicles will be released only upon proper identification.

History

• Authority: T.C.A. §49-9-209(e).
• Administrative History: Original rule filed May 27, 1986; effective August 12, 1986. Amendment filed October 31, 1990; effective January 29, 1991. Amendment filed August 31, 1995; effective December 30, 1995. Amendment filed January 13, 1999; effective May 31, 1999. Amendment filed November 17, 2000; effective March 30, 2001. Amendments filed November 17, 2008; effective March 30, 2009.

Tenn. Comp. R. & Regs. 1720-04-05-.07 PENALTIES

(1) Fines and Other Penalties for Violations - Staff, Students and Visitors.

(a) Registration violation $32.00 (except an altered or mutilated registration tag or parking permit violation, an unauthorized possession of registration tag or parking permit violation, and a falsification of registration information violation, the penalty for each of which is $250.00).

(b) Parking violation $24.00, except for the following violations:

1. Fire lane violation $42.00;

2. Disability parking violation. The fine for a disability parking violation is set by State law, Tennessee Code Annotated section 55-21-108. As of July 1, 2008, the fine was set at two hundred dollars ($200). The fine imposed under these regulations will increase or decrease automatically when increased or decreased by State law. The fine for a disability parking violation shall not be suspended or waived. In addition to the fine, not more than five (5) hours of community service work may be imposed for a disability parking violation. Any community service work requirements imposed shall be to assist the disabled community by monitoring disabled parking spaces, providing assistance to disability centers or to disabled veterans, or other such purposes.

(c) Moving violation $29.00 (d) Impounded/towed vehicle $60.00 (plus $5.00 per day storage fee)

(e) Booted vehicle $42.00 (plus $3.00 per day storage fee)

(2) If a citation is not paid or appealed within fourteen (14) calendar days after issuance, a penalty of 50% of the fee will be assessed. In case a citation is appealed, all amounts due must be paid within fourteen (14) calendar days of notification that the original appeal was not sustained.

(3) Disciplinary Action - Staff and Students.

(a) Any staff member or student who has failed to pay citations is subject to disciplinary action up to and including termination or dismissal from the University.

(b) Students with outstanding traffic citations will not be permitted to register at the beginning of the semester until indebtedness is cleared.

(c) A staff member with outstanding traffic citations will not be allowed to register a vehicle or purchase a parking permit.

History

• Authority: T.C.A. §49-9-209(e) and Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed May 27, 1986; effective August 12, 1986. Amendment filed March 22, 1990; effective June 26, 1990. Amendment filed October 31, 1990; effective January 29, 1991. Amendment filed August 31, 1995; effective December 30, 1995. Amendment filed January 13, 1999; effective May 31, 1999. Amendment filed November 17, 2000; effective March 30, 2001. Amendments filed November 10, 2005; effective March 30, 2006. Amendment filed October 30, 2007; effective February 28, 2008. Amendments filed November 17, 2008; effective March 30, 2009. Amendment filed July 18, 2014; effective October 15, 2014.

Tenn. Comp. R. & Regs. 1720-04-05-.08 APPEALS

(1) Student and Staff Appeals Boards are appointed by the Traffic and Parking Authority:

(2) A written appeal, using the form supplied by the Parking and Transit Services Department, is the initial step in the appeals process. This must be done within fourteen (14) calendar days from the issuance of the citation or the right of appeal will be forfeited. Appeals must be made by the person cited or person to whom the vehicle is registered. Oral or written requests from other persons will not be accepted except to clarify that a person cited is not an active UT employee or student.

(3) Failure to appear without prior notice at scheduled Staff or Student Appeals Board meetings will result in forfeiture of right to appeal to the Board.

(4) A Staff Appeals Board meets as required at University Center, Room 24. A Student Appeals Board meets regularly during each semester at the same location. The Parking and Transit Services Department (865-974-6031) may be contacted for appeals information.

(5) Information concerning higher appeals is available for those who wish to pursue the appeals process further.

(6) A staff member or student who receives MORE THAN six (6) citations, paid or unpaid (but not including citations under appeal) in the same academic year may be required to forfeit his or her parking privilege for the remainder of that academic year. Such a violator will be scheduled to appear before an Appeals Board. The Board will make a recommendation to the UT-Traffic and Parking Authority about forfeiture of the parking privilege. A person who parks his or her car on campus after the parking permit has been forfeited may have the car impounded/booted until all citations are paid, including the impoundment/booting fee.

History

• Authority: T.C.A. §49-9-209(e).
• Administrative History: Original rule filed May 27, 1986; effective August 12, 1986. Amendment filed October 31, 1990; effective January 29, 1991. Amendment filed August 31, 1995; effective December 30, 1995. Amendment filed November 17, 2000; effective March 30, 2001. Amendments filed November 17, 2008; effective March 30, 2009.

Tenn. Comp. R. & Regs. 1720-04-05-.09 RESTRICTIONS

(1) University streets or grounds may not be used by any firm, corporation or person for advertising or commercial purposes.

(2) Excessive noise by musical instruments, loudspeakers, faulty mufflers, or muffler cutouts is prohibited on streets within the Campus Area.

(3) Student and staff vehicles are to be removed from designated parking lots by 7:00 a.m. on days when football games are scheduled at Neyland Stadium. Vehicles remaining after 7:00 a.m. will be removed and impounded.

History

• Authority: Public Acts of Tennessee, 1839-1840, chapter 98, Section 5 and Public Acts of Tennessee, 1807, chapter 64.
• Administrative History: Original rule filed May 27, 1986; effective August 12, 1986. Amendment filed August 31, 1995; effective December 30, 1995. Amendment filed January 13, 1999; effective May 31, 1999.

Tenn. Comp. R. & Regs. 1720-04-05-.10 SPECIAL OCCASIONS AND EMERGENCIES

On special occasions - for example: athletic events, concerts, graduation exercises, etc., and in emergencies - parking and traffic limitations may be imposed by UT Police or the Parking and Transit Services Department as required by the conditions which prevail.

History

• Authority: T.C.A. §49-9-209(e).
• Administrative History: Original rule filed May 27, 1986; effective August 12, 1986. Amendment filed August 31, 1995; effective December 30, 1995. Amendment filed January 13, 1999; effective May 31, 1999. Amendment filed November 17, 2000; effective March 30, 2001. Amendment filed November 17, 2008; effective March 30, 2009.

Tenn. Comp. R. & Regs. 1720-04-05-.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) All persons will avoid walking across lawns or against traffic signs.

History

• Authority: Public Acts of Tennessee, 1839-1840, chapter 98, Section 5 and Public Acts of Tennessee, 1807, chapter 64.
• Administrative History: Original rule filed May 27, 1986; effective August 12, 1986. Amendment filed October 31, 1990; effective January 29, 1991. Amendment filed August 31, 1995; effective December 30, 1995.

Chapter 1720-04-06 Library Fines

Tenn. Comp. R. & Regs. 1720-04-06-.01 FOR REGULAR LOANS

No regular overdue fines for books, monographs, serials, periodicals, or other items not specified below.

(1) A notice is sent 1 to 8 days after your book is due. If you do not respond a final bill for replacement will be sent about 21 days later. Failure to receive notices does not relieve the borrower of his/her responsibility.

History

• Authority: T.C.A. §49-9-209(e).
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Amendment filed March 29, 1978; effective June 14, 1976. Repeal filed May 27, 1986; effective August 12, 1986. Repeal and new rule filed March 22, 1990; effective June 26, 1990. Amendment filed September 20, 1999; effective January 28, 2000. Repeal and new rule filed November 10, 2005; effective March 30, 2006.

Tenn. Comp. R. & Regs. 1720-04-06-.02 FOR RESERVE BOOKS, MEDIA, AND EQUIPMENT

(1) 2-hour reserve/overnight - $.25 per hour per item to a maximum of $20.00 per item.

(2) 1-day, 3-day/7-day reserve and equipment - $1.00 per day per item to a maximum of $20.00 per item.

(3) 3-hour or 24-hour Equipment Loans, $.25 per hour per item overdue up to a maximum of $20.00 per item.

(4) 3-day Media (e.g. video, DVD) loans - $.25 per hour per item overdue up to a maximum of $20.00 per item.

History

• Authority: T.C.A. §49-9-209(e).
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Repeal and new rule filed March 22, 1990; effective June 26, 1990. Amendment filed September 20, 1999; effective January 28, 2000. Repeal and new rule filed November 10, 2005; effective March 30, 2006.

Tenn. Comp. R. & Regs. 1720-04-06-.03 LOST ITEMS AND EQUIPMENT

Resolution of lost items and equipment transactions require payment of accumulated fines plus library cost recoveries (Item or equipment replacement cost plus $20.00 processing fee).

History

• Authority: T.C.A. §49-9-209(e).
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Repeal and new rule file March 22, 1990; effective June 26, 1990. Amendment filed January 13, 1999; effective May 31, 1999. Repeal and new rule filed November 10, 2005; effective March 30, 2006.

Tenn. Comp. R. & Regs. 1720-04-06-.04 DISPOSITION OF FINES

The money paid as fines goes into the University's General Fund.

History

• Authority: Public Acts of Tennessee, 1839-1840, chapter 98, Section 5, and Public Acts of Tennessee, 1807, chapter 64.
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Repeal and new rule filed March 22, 1990; effective June 26, 1990.

Tenn. Comp. R. & Regs. 1720-04-06-.05 UNPAID FINES AND OVERDUE MATERIALS

Failure to clear your record may result in your being stopped in registration for subsequent terms or in having your transcript held until payment is received.

History

• Authority: Public Acts of Tennessee, 1839-1840, chapter 98, Section 5, and Public Acts of Tennessee, 1807, chapter 64.
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Repeal and new rule filed March 22, 1990; effective June 26, 1990.

Tenn. Comp. R. & Regs. 1720-04-06-.06 BLOCKING OF PRIVILEGES

Although the maximum fine accruable on any publication is $20.00, you will be blocked from borrowing additional library materials when you have accumulated $5.00 in fines or other outstanding library obligations.

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 rule filed September 15, 1976; effective October 15, 1976. Repeal and new rule filed March 22, 1990; effective June 26, 1990. Amendment filed September 20, 1999; effective January 28, 2000.

Tenn. Comp. R. & Regs. 1720-04-06-.07 RECALLS

All books on loan are subject to recall. When a recall is requested, a new due date is set for ten days from the date of the request. If the recalled item is not returned within that ten-day period, your borrowing privileges will be blocked and fines of $.50 per day will be assessed from the new due date forward to a maximum of $20.00.

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 rule filed September 15, 1976; effective October 15, 1976. Repeal and new rule filed March 22, 1990; effective June 26, 1990. Amendment filed September 20, 1999; effective January 28, 2000. Amendment filed November 10, 2005; effective March 30, 2006.

Chapter 1720-04-07 College of Veterinary Medicine

Tenn. Comp. R. & Regs. 1720-04-07-.01 MAINTENANCE OF ETHICAL AND PROFESSIONAL STANDARDS OF THE

VETERINARY PROFESSION. Failure to maintain the high ethical and professional standards of the veterinary profession may subject a student to dismissal or other appropriate remedial action by the University.

(1) A student enrolled in the College of Veterinary Medicine is subject to disciplinary action up to and including dismissal for engaging in the following acts of misconduct, regardless of whether such misconduct is engaged in on or off University owned or controlled property:

(a) Commission of an offense classified as a felony by Tennessee s criminal statues or by Federal criminal statutes.

(b) Unlawful use, possession, or sale of drugs or narcotics, whether or not felonious.

(c) Plagiarism, falsification of rccords, or other act which substantially impugns the integrity of the student.

(d) Violation of the Standards of Conduct listed in rule 1720-4-3-.03(l).

(e) Other unprofessional or unethical conduct which would bring disrepute or disgrace upon student or profession or which would tend to substantially reduce or eliminate the student s ability to effectively practice in his/her profession.

(2) A student applying for admission to the College of Veterinary Medicine shall also be subject to the above provisions and may be denied admission on the basis of his or her failure to maintain the aforementioned ethical and professional standards.

History

• Authority: Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: New rule filed May 27, 1986; effective August 12, 1986. (For history prior to August 1986 see pages (iii)-(v)). Amendment filed October 31, 1990; effective January 29, 1991. Amendment filed August 31, 1995; effective December 30, 1995. Amendment filed January 13, 1999; effective May 31, 1999. -- 1 of 1 --

Chapter 1720-04-08 Maintenance of Ethical and Professional Standards - Nursing

Tenn. Comp. R. & Regs. 1720-04-08-.01 INTRODUCTION

Failure to maintain the high ethical and professional standards of the nursing profession may subject a student in the College of Nursing to permanent dismissal or other appropriate remedial action by the University.

History

• Authority: Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed May 27, 1986; effective August 12, 1986. (For history prior to August 12, 1986 see pages (iii)-(v)). Amendment filed October 31, 1990; effective January 29, 1991. Amendment filed August 31, 1995; effective December 30, 1995.

Tenn. Comp. R. & Regs. 1720-04-08-.02 REASONS FOR DISMISSAL OR REMEDIAL ACTION

(1) A student enrolled in the College of Nursing is subject to disciplinary action up to and including permanent dismissal for engaging in the following acts of misconduct:

(a) Commission of an offense classified as a felony by Tennessee s criminal statutes or by Federal criminal statutes.

(b) Unlawful use, possession, or sale of drugs or narcotics, whether or not felonious.

(c) Plagiarism, falsification of records, or other act which substantially impugns the integrity of the student.

(d) Violation of the Standards of Conduct listed in Section 1720-4-3-.03(l).

(e) Other unprofessional or unethical conduct which would bring disrepute or disgrace upon student or profession or which would tend to substantially reduce or eliminate the student s ability to effectively practice his/ her profession.

(2) A student applying for admission to the College of Nursing shall also be subject to the above provisions and may be denied admission on the basis of his or her failure to maintain the aforementioned ethical and professional standards.

History

• Authority: Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed May 27, 1986; effective August 12, 1986. (For history prior to August 12, 1986 see pages (iii)-(v)). Amendment filed October 31, 1990; effective January 29, 1991. Amendment filed August 31, 1995; effective December 30, 1995. -- 1 of 1 --

Chapter 1720-04-09 Code of Academic Conduct - College of Law

Tenn. Comp. R. & Regs. 1720-04-09-.01 PREAMBLE

The Code of Academic Conduct establishes and provides a system for the enforcement of minimum standards of integrity, fairness, equal opportunity, and professionalism in the conduct of academic pursuits at The University of Tennessee College of Law. As with the American Bar Association’s “Code of Professional Responsibility,” the touchstone of our system is self regulation. The policy of self regulation underlying the Code of Academic Conduct demands the cooperation of each member of the Law School community.

All work should be done in full compliance with both the spirit and letter of the Code.

History

• Authority: Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Repeal and new rule filed August 22, 1980; effective December 1, 1980. Amendment filed July 29, 1983; effective October 14, 1983. Repeal and new rule filed May 27, 1986; effective August 12, 1986. Amendment filed October 31, 1990; effective January 29, 1991. Amendment filed August 31, 1995; effective December 30, 1995. Amendment filed January 13, 1999; effective May 31, 1999.

Tenn. Comp. R. & Regs. 1720-04-09-.02 STATEMENT OF PURPOSES

The purpose of the Code of Academic Conduct is to promote and secure academic integrity, fairness, equal academic opportunity, and professionalism at The University of Tennessee College of Law.

History

• Authority: Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Repeal and new rule filed August 22, 1980; effective December 1, 1980. Amendment filed July 29, 1983; effective October 14, 1983. Repeal and new rule filed May 27, 1986; effective August 12, 1986. Amendment filed October 31, 1990; effective January 29, 1991. Amendment filed August 31, 1995; effective December 30, 1995.

Tenn. Comp. R. & Regs. 1720-04-09-.03 SCOPE

(1)This Code of Conduct applies to all students who are enrolled in the College of Law and are involved in academic matters pertaining to the College of Law.

(2)A student is enrolled in the College of Law if he or she is registered for a course offered by the College of Law or is engaged in any of the academic matters specified in rule 1720-4-9-.03(3)(a) through (g).

(3)“Academic matters pertaining to the College of Law” means any activities which may affect a grade, satisfaction of requirements for graduation, or the award of professional honors at the College of Law, and any other activities sponsored or administered by the College of Law in which such grades, satisfaction of degree requirements, or professional honors are relevant. Academic matters include but are not limited to:

(a)Examinations;

(b)Research or other assignments to be done for a course;

(c)Any work which is in whole or partial satisfaction of requirements to receive credit for participation in any activity for which credit is given;

(d)Registration for enrollment in courses which may be taken in whole or partial satisfaction of requirements for graduation;

(e)Competitions for professional honors awarded by the College of Law or under its auspices, including but not limited to Law Review membership, Moot Court awards, and essay prizes;

(f)Participation in the activities of the Academic Review Board of the College of Law or the activities of any individual, committee, or board authorized to establish or administer policies pertaining to academic matters at the College of Law; and (g)Representations about one’s participation or performance in an academic matter in connection with any activity sponsored or administered by the College of Law.

History

• Authority: Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Repeal and new rule filed August 22, 1980; effective December 1, 1980. Amendment filed July 29, 1983; effective October 14, 1983. Repeal and new rule filed May 27, 1986; effective August 12, 1986. Amendment filed October 31, 1990; effective January 29, 1991. Amendment filed August 31, 1995; effective December 30, 1995. Amendment filed January 13, 1999; effective May 31, 1999.

Tenn. Comp. R. & Regs. 1720-04-09-.04 STANDARDS OF CONDUCT

(1)Prohibited Conduct: It shall be a violation of the Code of Academic Conduct for any student enrolled in the College of Law to commit an act of academic dishonesty. A student has committed an act of academic dishonesty if he/she;

(a)With respect to any academic matter, intentionally; 1.Misrepresents a fact or fails to state a fact in circumstances which render any statement made misleading; 2.Sequesters, mutilates, destroys, or uses without permission the books or work product of another student; or 3.Sequesters, mutilates, or destroys library materials; or (b)With respect to an examination, intentionally; 1.Acquires or attempts to acquire a copy of any examination without the permission of the instructor responsible for the examination; 2.Uses or attempts to use materials other than those specifically authorized by the instructor responsible for the examination; 3.Provides or acquires, or attempts to provide or acquire, information or assistance when specifically prohibited from doing so by the instructor responsible for the examination; 4.Copies or attempts to copy the examination answer of another student or permits or attempts to permit another student to copy his/her answers; or 5.Engages or attempts to engage in any other form of cheating, i.e., conduct specifically intended to secure an unfair advantage or to subject another to an unfair disadvantage; or (c)With respect to research or other writing assignments in connection with the academic matters specified in Section 1720-4-9-.03(3)(b), (c) or (e), intentionally 1.Uses or attempts to use materials the use of which has been specifically prohibited by the instructor or other person responsible for the academic matter; 2.Plagiarizes; 3.Gives or receives, or attempts to give or receive, information or assistance when specifically prohibited from doing so by the instructor or person responsible for the academic matter; or 4.Engages or attempts to engage in other forms of cheating, i.e., conduct specifically intended to secure an unfair advantage or to subject another to an unfair disadvantage; or (d)With respect to his/her participation in the activities of the Academic Review Board of the College of Law or of any individual, committee, or board authorized to administer policies about academic matters pertaining to the College of Law, intentionally 1.Obstructs the administration of such policies by sequestering, mutilating, or destroying relevant materials; 2.Refuses to provide relevant information within his/her possession when requested to do so by an individual, committee, or board acting within their authority to administer policies pertaining to academic matters, except where permitted to do so by law or by regulations of The University of Tennessee; or 3.Where prohibited by law or by regulations of The University of Tennessee, discloses to others information about specific students or identifiable groups of students which was acquired by virtue of his/her participation in the administration of such policies, except where such disclosure is necessary to report an act of academic dishonesty to the Dean of the College of Law.

(2)Reporting Prohibited Conduct: Students enrolled in the College of Law who know of acts of academic dishonesty committed by another student enrolled in the College of Law are expected to report such acts to the Dean of the College of Law.

History

• Authority: Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Repeal and new rule filed August 22, 1980; effective December 1, 1980. Amendment filed July 29, 1983; effective October 14, 1983. Repeal and new rule filed May 27, 1986; effective August 12, 1986. Amendment filed October 31, 1990; effective January 29, 1991. Amendment filed August 31, 1995; effective December 30, 1995. Amendment filed January 13, 1999; effective May 31, 1999.

Tenn. Comp. R. & Regs. 1720-04-09-.05 ADMINISTRATION OF THE CODE

(1)There shall be established an Academic Review Board of the College of Law.

(a)Composition and membership: The Academic Review Board of the College of Law shall consist of both appointed faculty and elected student members as set forth below. Additionally, the Academic Review Board shall consist of a member of the Office of the Dean of Students, who shall serve as the non-voting chairperson of the Board; the responsibilities of the chairperson shall include the scheduling of meetings, notification of parties and witnesses, and reporting regularly to the Student Affairs Council the activities of the College of Law’s Academic Review Board. 1.Faculty members: As each case arises, the Dean of the College of Law shall appoint an appropriate number of faculty members to the Academic Review Board to ensure the availability of a quorum, as set forth below. 2.Student members: Two members from each College of Law class shall be elected by the student body at large to serve as the student members to the Academic Review Board.

Student members shall be subject to the Dean’s approval and shall serve until their successors are elected. Elections shall be held once a year at the beginning of the Fall Semester. Three student members, selected from the elected six, shall be chosen by the Dean as each case arises to ensure the availability of a quorum, as set forth below. If a quorum cannot be obtained from duly elected student members of the Academic Review Board, the Dean shall appoint additional student members from a list of students submitted to him/her by the Executive Council of the Student Bar Association. 3.Quorum: a quorum shall consist of the non-voting chairperson, three voting faculty members appointed as set forth above, and three voting student members elected or appointed as set forth above.

(2)The Academic Review Board shall have jurisdiction:

(a)To adjudicate charges that an individual has committed an act of academic dishonesty in connection with an academic matter pertaining to the College of Law while that individual was enrolled in the College of Law and to impose, subject to the authority of the Dean of Students, any of the following penalties: 1.Loss of Privileges. These penalties are intended to serve as reminders of operating regulations and are for specific periods of time. Such penalties may include loss of scholarship, stipend, right to participate in certain extracurricular activities, use of facilities, etc. 2.Disciplinary Reprimand. Disciplinary reprimands are used for minor infractions. A reprimand indicates that further violations will result in more severe disciplinary actions. 3.Disciplinary Probation. Disciplinary Probation means that a student is permitted to remain in the University on a probationary status. Conviction of a similar violation during probation will result in suspension. Other conditions of probation are specific to the individual case and may include loss of eligibility to serve as a student organization officer or to participate in specified student activities. The Director of the Office of Student Conduct, who is charged with the responsibility of supervising those on probation, may also specify the terms of probation. 4.Suspension for a Specific Period of Time. Suspension for a specific period of time is used in cases of serious misconduct or repeat offenders and means that the student is withdrawn from the University and is not eligible to apply for readmission for the designated period of time. Usually, the period of designated suspension does not exceed one year. 5.Indefinite Suspension. Indefinite suspension means that no specific date has been recommended by the Board for the readmission of the suspended student. This penalty is used when the prognosis of rehabilitation is uncertain and the Board desires that some additional evidence of rehabilitation be presented by the student before he/she is readmitted to the University. Applications for readmission shall be considered by the Student Affairs Council. 6.Permanent dismissal. Permanent dismissal means that a student is permanently barred from matriculating as a student on the Knoxville campus. This penalty is used when the violation of one or more of the institution’s Standards of Conduct is deemed so serious as to warrant total and permanent disassociation from the University community without the possibility of re-enrollment; or when, by his/her repeated violation of the institution’s Standards of Conduct, a student exhibits blatant disregard for the health and safety of other members of the University community or the University’s right to establish rules of conduct. 7.In cases where a Board desires to impose permanent dismissal or suspension, it may so recommend to the Dean of Students. In the event a recommendation of permanent dismissal or suspension is not approved by the Dean of Students, he or she may substitute any less severe penalty. If probation is substituted, it may be for a greater period than the period specified for suspension. The Dean of Students shall notify the Dean of the College of Law when a recommendation for permanent dismissal or suspension is not approved.

(b)To hear appeals by an individual against whom a penalty has been assessed by an instructor in the College of Law for alleged acts of academic dishonesty in connection with academic matters for which that instructor was responsible and to either uphold or make findings and recommendations at variance with the determination of the instructor.

(c)To hear such other academic matters as may be appropriate under the standards set forth in Hilltopics.

(3)The procedures for adjudication of alleged acts of academic dishonesty by the Academic Review Board of the College of Law shall be as follows:

(a)Allegations that an individual has violated the Code of Academic Conduct shall be communicated in writing to the Dean of the College of Law. If the Dean concludes that there are reasonable grounds to believe that a violation has occurred, he or she shall refer the matter to the Office of the Dean of Students for prosecution and shall empanel an Academic Review Board as provided in Section 1720-4-9-.05(l).

(b)A quorum, consisting of six Board members, must be present in order to hear a case. A twothirds vote of the members is required for all decisions of the Board. Any Board member who cannot hear the evidence fairly and objectively for any reason shall dismiss himself/herself from the case.

(c)The chairperson shall ascertain that the accused has been advised of his/her rights and shall read the statement of charges. The accused shall have the right to: 1.Exercise or waive his/her right, as set forth in Hilltopics, to a hearing conducted in accordance with the Uniform Administrative Procedures Act (T.C.A. § 4-5-101 et seq.). 2.Written notice of charge(s), an account of the alleged misconduct, the name of any witnesses to the misconduct, and notice of the scheduled hearing delivered 72 hours before the hearing. The student may request additional time by showing good cause. 3.A public or closed hearing. A public hearing can involve only a limited number of spectators, and appropriate control measure will be established by the Dean of Students.

If there is difficulty with crowd control, the hearing board chairperson can designate those parties to be present. 4.Notice of the maximum allowable penalty (i.e., permanent dismissal). 5.The assistance of the counsel of his/her choice. 6.Testify or remain silent at his/her option. 7.Present witnesses. 8.The presumption of innocence. The burden of proof rests with the University to establish by a preponderance of the evidence that the accused has committed the alleged act of academic dishonesty. 9.A written decision specifying the rule violated, penalty assessed and right to appeal. 10.Challenge the seating of any Board member for good cause. The dismissal of a challenged hearing board member shall be at the discretion of the hearing board chairperson. If the chairperson is challenged, he/she may be excused at the discretion of the majority of the hearing board. 11.Have his/her case heard only on the misconduct specified in the written notice; 12.Challenge the admissibility of evidence. 13.Confront or cross-examine all available adverse witnesses. 14.Appeal to the Student Affairs Council as provided in 1720-4-9-.05(o).

(d)A student who fails to appear before the Academic Review Board in accordance with proper notification shall be deemed to have waived his/her right to be present during the presentation of evidence to the Board, to know the evidence against him/her, to present evidence in his/her own behalf, and to exercise reasonable cross-examination of witnesses appearing against him/her.

This waiver shall become effective if the student fails to appear at the designated time and place of the hearing unless, prior to the time set for the hearing, the student communicates in writing to the Dean of Students good cause for granting a continuance of a scheduled hearing.

(e)The accused shall enter a plea of guilty or not guilty. If a guilty plea is entered, he/she shall be advised of the maximum penalty.

(f)The chairperson is in charge of maintaining an orderly discussion throughout the hearing.

Proceedings should be conducted with fitting dignity and should reflect the importance and seriousness of the hearing. Any person who fails to follow the instructions of the chairperson, after a warning, shall be referred to the Dean of Students for appropriate disciplinary action.

(g)In the event that the accused pleads guilty, the Board shall review the circumstances of the case and make appropriate decisions or recommendations regarding the penalty.

(h)The Dean of Students or his/her designee shall present such evidence as he/she has at the hearing, including any witnesses. He/she shall not present written statements as evidence, unless circumstances make such presentation necessary and unavoidable. Under similar restrictions the accused may present written statements in his/her defense. Unsigned statements shall not be admitted as evidence.

(i)After the presentation of evidence by the Dean of Students, the accused shall be allowed to present all relevant evidence. If a not guilty plea has been entered, evidence in mitigation of the alleged offense shall be presented only after the Board has determined the issue of innocence or guilt.

(j)During Board deliberations all persons except the Board members shall be excused from the hearing room. All matters upon which the decision may be based must be introduced at the hearing, and the decision shall be based solely upon the evidence presented. No mention will be made during the hearing on innocence or guilt of the student’s previous disciplinary record, unless appropriate as rebuttal to character evidence introduced by the accused.

(k)Upon a determination of guilt by the Board, the previous disciplinary record of the accused, if any, shall be given to the Board together with the recommendation of the Dean of Students as to an appropriate penalty.

(l)After the Board determines the penalty, the accused shall be advised in writing of its decision.

(m)The results of the Board’s decision shall be kept on official University judicial forms, and such a record will be considered sufficient. If a verbatim record of the hearing is prepared, it shall be retained in the custody of the Dean of Students and considered a confidential disciplinary record. If necessary for adjudication of an appeal, the Dean of Students may prepare a summary, certified by the chairperson of the Academic Review Board, of that portion of the record that has been designated by the Student Affairs Council as material to the appeal.

(n)A Board member shall not discuss cases prior to or after the hearing. The information received by members of a judicial board during a case is considered strictly confidential.

(o)An individual who has been found guilty and penalized by the Academic Review Board of the College of Law shall have the right to appeal those decisions to the Student Affairs Council, the final decision-making board of The University of Tennessee, Knoxville judicial system. All appeals shall be taken in accordance with the following: 1.In all cases the request for appeal must be submitted in writing to the Dean of Students within seven (7) calendar days of written notice of the board decision. If the seventh (7th) day falls on a weekend or holiday, the time is extended to the next regular work day. 2.If written briefs are submitted, they must be submitted within the same time allowed for filing a request for appeal. Under normal circumstances, appeals will be heard within fourteen (14) days after they have been filed. 3.Unless the Student Affairs Council elects to hear the case de novo, all appeals must be taken upon the record made before the Academic Review Board of the College of Law. 4.The Student Affairs Council will review the request for appeal together with any written briefs or other supporting documents to determine if the appeal presents a substantial question within the scope of review. The scope of review shall be limited to the following:

(i)Penalty. In cases appealing the appropriateness of the penalty, the appeal board shall uphold the penalty unless the penalty is shown to be “clearly unreasonable”

(i.e., “that which has been clearly and fully proven to have no sound basis or justification in reason”).

(ii)New Evidence. In cases appealed on grounds of new evidence, the moving party must show that such evidence is material to the decision of the board on the issue of innocence or guilt, and that said evidence could not have been discovered by due diligence prior to the original hearing.

(iii)Due Process. In cases appealed on the grounds of denial of due process, the moving party must show that the adjudicatory process of the initial hearing was not conducted in conformity with properly prescribed procedures. In this regard, the moving party must also show that the alleged discrepancy was materially adverse to the moving party’s interest. Nothing contained in the foregoing shall be construed as limiting the right of the Dean of Students to request the Student Affairs Council to review the decision of the Academic Review Board of the College of Law.

(p)The decision of the Student Affairs Council is subject to review by the Provost and the President of The University of Tennessee.

(4)The procedures for an appeal of a penalty assessed by an instructor for alleged acts of academic dishonesty shall be as follows:

(a)Penalties for academic dishonesty may be imposed by an instructor. He/she has full authority to suspend a student from his/her class, to refuse to allow a student to take an examination, to lower a student’s grade, to assign a grade of 0.0 in an exercise or examination, or to assign a grade of 0.0 in the course. In addition to or prior to establishing a penalty, the instructor may refer the case to an Academic Review Board by notifying the Dean of the College of Law. In all cases involving suspension of a student from a class, the student must be provided a hearing, as hereinafter described, prior to the effective date of such suspension.

(b)An instructor shall notify the student in writing of the penalty, the nature of the misconduct for which the penalty was assessed, the names of any witnesses to the misconduct, and the student’s right to appeal, and shall have the writing countersigned by the Dean of the College of Law.

Copies shall go to the Office of the Dean of Students, and, if the student is enrolled in another academic unit, to the head of that academic unit.

(c)A student who has been penalized by an instructor shall first discuss the penalty with the instructor involved and, if necessary, the Dean of the College of Law. If the student is unable to resolve the penalty with the instructor and the Dean, he/she may appeal the penalty to the Academic Review Board by notifying the Dean within seven calendar days of receipt of written notice of the penalty from the instructor.

(d)An appeal by a student to an Academic Review Board must be in writing. It is the responsibility of the student to make a complete and thorough case for the appeal to the board. This is particularly important because of the procedure which allows the Academic Review Board to make a determination based on documentary evidence without providing the student an opportunity to make an oral presentation. The appeal statement should contain the following information: 1.The name of the person the appeal is against, what class (if any) is involved, and when and where the problem took place. 2.The nature of the complaint; the specific way in which the student was allegedly aggrieved, harmed, injured, or denied rights. (Example: unjust allegation of academic dishonesty.) 3.The specifics of the problem. A mere statement like, “I did not cheat, misuse materials, etc.” is not sufficient. The student must state why he/she feels the penalty imposed by the instructor was improper or unfair. 4.The existence of papers, exams, reports, etc. which verify the complaint; the names of persons (another student, advisor, etc.) who can verify the facts. 5.The steps which have been taken to solve the problem and the names of the persons, including the instructor, with whom the student has talked in an effort to resolve the problem. 6.The remedy desired by the student. 7.The student’s name, address, telephone number, student identification number, and signature.

(e)Upon receipt of a student appeal statement, the Dean of the College of Law shall empanel an Academic Review Board as provided in Section 1720-4-9-.05(l).

(f)A quorum of six board members must be present in order to hear an appeal. A two-thirds vote of the members is required for all decisions of the Board. Any board member who cannot hear the appeal fairly and objectively for any reason shall dismiss himself/herself from the case.

(g)The chairperson shall ascertain that the student who has been penalized has been advised of his/her rights in connection with the appeal of the penalty. The student shall have the right to: 1.As provided in Section 1720-4-9-.05(4)(b), written notice of the penalty, account of the misconduct for which the penalty was imposed, the names of any witnesses to the misconduct, and the student’s right to appeal the penalty. 2.Assistance of the counsel of his or her choice. 3.The presumption of innocence. The burden of proof rests with the University to establish by a preponderance of the evidence that the accused has committed the alleged act of academic dishonesty for which the penalty was imposed. 4.A written decision specifying the Academic Review Board’s determination of the appeal and the student’s right to appeal an adverse decision, as provided in Section 1720-4-9- .05(4)(k) and (1). 5.Challenge the seating of any board member for good cause. The dismissal of a challenged Hearing Board member shall be at the discretion of the Hearing Board chairperson. If the chairperson is challenged, he/she may be excused at the discretion of the majority of the Hearing Board. 6.Have his/her case heard only on the misconduct specified in the written notice. 7.If a formal hearing is approved by the Academic Review Board, the additional rights to:

(i)At least 72 hours notice of the time and place of the hearing.

(ii)Testify or remain silent at his/her option.

(iii)Challenge the admissibility of evidence.

(iv)Confront or cross-examine all available adverse witnesses.

(v)Present witnesses.

(vi)A public or closed hearing. A public hearing can involve only a limited number of spectators, and appropriate control measure will be established by the Dean of Students. If there is difficulty with crowd control, the chairperson of the Academic Review Board can designate those parties to be present.

(vii)A student who fails to appear before the Academic Review Board in accordance with proper notification shall be deemed to have waived his/her rights to be present during the presentation of evidence to the Board, to know the evidence against him/her, to present evidence in his/her own behalf, and to exercise reasonable cross-examination of witnesses appearing against him/her. This waiver shall become effective if the student fails to appear at the designated time and place of the hearing unless, prior to the time set for the hearing, the student communicated in writing to the Dean of Students good cause for granting a continuance of a scheduled hearing.

(h)The Academic Review Board shall first review all written documentation submitted to it by the appellant and the instructor and, if necessary, conduct a preliminary investigation to determine if a full evidentiary hearing by the Board is necessary. If the Board determines that a full evidentiary hearing is not necessary to insure that fundamental fairness is extended to both the student and the instructor involved, the Board shall forthwith render its determination of the appeal.

(i)If a formal hearing is approved by the Academic Review Board, the Board shall inform the appellant, the instructor, the Dean of the College of Law, and the Office of the Dean of Students of that determination.

(j)The formal hearing shall be conducted in accordance with the appellant’s rights as specified in

Section 1720-4-9-.05(4)(g) and in accordance with the following procedures: 1.The chairperson is in charge of maintaining an orderly discussion throughout the hearing.

Proceedings should be conducted with fitting dignity and should reflect the importance and seriousness of the hearing. Any person who fails to follow instructions of the chairperson, after a warning, shall be referred to Dean of Students for appropriate disciplinary action. 2.The Dean of Students or his/her designee shall present such evidence as he/she has at the hearing, including any witnesses. He/she shall not present written statements as evidence, unless circumstances make such presentation necessary and unavoidable. Under similar restrictions the accused may present written statements in his/her defense. Unsigned statements shall not be admitted as evidence. 3.After the presentation of evidence by the Dean of Students, the accused shall be allowed to present all relevant evidence. 4.During Board deliberations all persons except the board members shall be excused from the hearing room. All matters upon which the decision may be based must be introduced at the hearing, and the decision shall be based solely upon the evidence presented. No mention will be made during the hearing of the student s previous disciplinary record, unless appropriate as rebuttal to character evidence introduced by the accused. 5.A board member shall not discuss cases prior to or after the hearing. The information received by members of a judicial board during a case is considered strictly confidential.

(k)If the board supports the determination made by the instructor, the case is terminated. However, an appeal based upon procedural due process may be made to the Student Tribunal in accordance with its prescribed procedures by notifying the Office of the Dean of Students within seven (7) calendar days of written notice of the Board’s determination.

(l)If the Board makes findings and recommendations at variance with the determination of the instructor, these recommendations shall be forwarded to the instructor and the Dean of the College of Law. 1.If the instructor accepts the recommendations of the Board, the case is terminated. 2.If the instructor elects not to follow the recommendations of the Academic Review Board, the student may appeal the penalty to the Student Affairs Council in accordance with its prescribed procedures by notifying the Office of the Dean of Students within seven (7) calendar days of written notice of the instructor’s election.

(i)If the Student Affairs Council supports the determination of the instructor, the case is terminated.

(ii)Any other recommendation of the Student Affairs Council will be forwarded to the Provost for final adjudication.

(iii)The results of the appeal shall be forwarded by the Office of the Dean of Students to the administrative head of all academic units involved.

(m)The decision of any board or administrative officer of The University of Tennessee is subject to review by the Provost and the President of the University of Tennessee.

(5)Matters referred to the Academic Review Board pursuant to 1720-4-9-.05(2)(c) shall be governed by the procedures set forth in chapter 1720-4-3.

(6)In the event an individual has been adjudicated guilty of an act of academic dishonesty committed while he/she was enrolled in the College of Law, or was penalized by an instructor in the College of Law for acts of academic dishonesty, and such adjudication or penalty has not been appealed or has been upheld upon appeal, the College of Law shall report such fact to duly authorized bar examiners when requested to report on that individual s academic record at the College of Law.

History

• Authority: T.C.A.§49-9-209(e).
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Amendment filed March 29, 1978; effective June 14, 1978. Repeal and new rule filed August 22, 1980; effective December 1, 1980. Amendment filed July 29, 1983; effective October 14, 1983. Repeal and new rule filed May 27, 1986; effective August 12, 1986. Amendment filed March 22, 1990; effective June 26, 1990. Amendment filed October 31, 1990; effective January 29, 1991. Amendment filed August 31, 1995; effective December 30, 1995. Amendment filed January 13, 1999; effective May 31, 1999. Amendment filed November 17, 2000; effective March 30, 2001.

Tenn. Comp. R. & Regs. 1720-04-09-.06 REPEALED

History

• Authority: Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5 and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Repeal and new rule filed August 22, 1980; effective December 1, 1980. Amendment filed July 29, 1983; effective October 14, 1983. Repeal filed May 27, 1986; effective August 12, 1986.

Tenn. Comp. R. & Regs. 1720-04-09-.07 REPEALED

History

• Authority: Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5 and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Amendment filed March 29, 1978; effective June 14, 1978. Repeal and new rule filed August 22, 1980; effective December 1, 1980. Amendment filed July 29, 1983; effective October 14, 1983. Repeal filed May 27, 1986; effective August 12, 1986.

Tenn. Comp. R. & Regs. 1720-04-09-.08 REPEALED

History

• Authority: Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5 and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Amendment filed March 29, 1978; effective June 14, 1978. Repeal and new rule filed August 22, 1980; effective December 1, 1980. Amendment filed July 29, 1983; effective October 14, 1983. Repeal filed May 27, 1986; effective August 12, 1986.

Tenn. Comp. R. & Regs. 1720-04-09-.09 REPEALED

History

• Authority: Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5 and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Amendment filed March 29, 1978; effective June 14, 1978. Repeal and new rule filed August 22, 1980; effective December 1, 1980. Amendment filed July 29, 1983; effective October 14, 1983. Repeal filed May 27, 1986; effective August 12, 1986.

Tenn. Comp. R. & Regs. 1720-04-09-.10 REPEALED

History

• Authority: Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5 and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Amendment filed March 29, 1978; effective June 14, 1978. Repeal and new rule filed August 22, 1980; effective December 1, 1980. Amendment filed July 29, 1983; effective October 14, 1983. Repeal filed May 27, 1986; effective August 12, 1986.

Tenn. Comp. R. & Regs. 1720-04-09-.11 REPEALED

History

• Authority: Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5 and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Repeal filed August 22, 1980; effective December 1, 1980.

Tenn. Comp. R. & Regs. 1720-04-09-.12 REPEALED

History

• Authority: Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5 and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Repeal filed August 22, 1980; effective December 1, 1980.

Tenn. Comp. R. & Regs. 1720-04-09-.13 REPEALED

History

• Authority: Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5 and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Repeal filed August 22, 1980; effective December 1, 1980.

Tenn. Comp. R. & Regs. 1720-04-09-.14 REPEALED

History

• Authority: Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5 and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Repeal filed August 22, 1980; effective December 1, 1980.

Chapter 1720-04-16 Reserved

Tenn. Comp. R. & Regs. 1720-04-16 Reserved

RULES

OF THE UNIVERSITY OF TENNESSEE -- 1 of 1 --

Chapter 1720-05-01 Student Rights and Responsibilities

Tenn. Comp. R. & Regs. 1720-05-01-.01 INTRODUCTION

(1) Students at the University of Tennessee at Martin are members of both the University community and the larger community of which the University is a part. Accordingly, students are responsible for conducting themselves in a lawful manner and in compliance with University rules and policies. The University has established the following rules 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 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 law-abiding citizen.

(2) The University 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.

(3) Students are responsible for being fully acquainted and for complying with the University catalog, handbook, and other rules and policies relating to students. Failure or refusal to comply with the rules and policies established by the University may subject a student to disciplinary action up to and including permanent dismissal from the University.

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 rule filed September 15, 1976. Repeal and new rule filed May 27, 1986; effective August 12, 1986. Amendment filed October 31, 1990; effective January 29, 1991. Repeal and new rule filed April 17, 2012; effective September 28, 2012.

Tenn. Comp. R. & Regs. 1720-05-01-.02 DEFINITIONS

The following words, terms, or phrases, when used in this Chapter, shall have the following meanings:

(1) Business Day: Any weekday not designated by the University as a holiday or administrative closure day. When calculating a time period of business days specified in this Chapter, the business day of the event that triggers a time period is excluded.

(2) Disciplinary Hold: The University hold described in Section .05(3).

(3) Faculty Member: A person hired by the University to conduct teaching, research, or supervised clinical placements.

(4) Good Faith: Having a belief in the truth of information that a reasonable person in the same position could have, based on the information known to the person communicating the information at the time the information was communicated by that person. Information is not communicated in good faith if it is communicated with knowing or reckless disregard for information that would negate the former information.

(5) Formal Complaint: A document filed by a Complainant (or signed by the Title IX Coordinator) alleging that a Respondent engaged in sexual harassment, sexual assault, dating violence, domestic violence, stalking, or sexual exploitation, and requesting that the University investigate the allegation. There are two (2) types of Formal Complaints: (i) Formal Complaints that include Title IX Allegations (as defined under Section .02(15)); and (ii)

Formal Complaints that do not include Title IX Allegations, but do otherwise include allegations of sexual harassment, sexual assault, dating violence, domestic violence, stalking, or sexual exploitation.

(6) Member of the University Community: A person who is a student, University employee, University volunteer, invited visitor to University-controlled property, or participant in a University-affiliated activity.

(7) Notice: Written notice transmitted by United States mail, courier service, or hand delivery to the address the University’s Registrar has on file for the student; and/or by e-mail to a 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 email address is the official method of communication used by the University.

(8) Possession: Direct control of a substance or property, actual knowledge of a substance or property, and/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.

(9) Protected Activity: A person’s good faith: (1) opposition to conduct prohibited under the Standards of Conduct; (2) report to the University about conduct prohibited under the Standards of Conduct to the University; (3) participation (or reasonable expectation of participation) in any manner in an investigation, meeting, hearing, or interim measure; or (4) exercise of rights or responsibilities under any provision of the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act.

(10) Sexual Harassment: Conduct on the basis of sex that satisfies one (1) or more of the following: (1) an employee of the University conditioning the provision of an aid, benefit, or service of the University on an individual’s participation in unwelcome sexual conduct; (2) unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the University’s education program or activity; or (3) sexual assault, dating violence, domestic violence, or stalking.

(11) Staff Member: A person employed by the University on a part- or full-time basis, primarily involved in planning, organizing, staffing, directing and/or controlling efforts to achieve the goals and objectives of the University.

(12) Standards of Conduct: Chapter 1720-05-01-.04.

(13) Student: For purposes of this Chapter, the term “student” means:

(a) A person enrolled or registered for study at the University, either full-time or part-time, pursuing undergraduate, graduate, or professional studies, as well as non-degree and non-credit programs and courses;

(b) A student organization;

(c) A person who has completed the immediately preceding academic term and is eligible for re-enrollment;

(d) A person who is not officially enrolled but who has a continuing relationship with the University (e.g., on educational leave or other approved leave status);

(e) A person who attended the University during a previous academic term and who engaged in misconduct during the time of enrollment; and/or (f) A person who has been admitted to the University and later matriculates at the University, with respect to misconduct:

1. That occurs as part of the application process; or 2. That occurs post-admission and pre-matriculation and falls within the jurisdiction of the Code (e.g., occurs on University-controlled property).

(14) Student Organization: An organization that is composed solely of University students that has submitted a pending application or has completed the process for registration according to University rules.

(15) Title IX Allegations: Allegations within a Formal Complaint that a Respondent’s conduct constitutes Sexual Harassment (as defined under Section .02(10)) in the University’s education program or activity and occurred within the United States, as defined in federal regulations, 34 C.F.R. 106.30(a).

(16) “UAPA” means the Uniform Administrative Procedures Act, Tennessee Code Annotated §§ 4- 5-101 et seq.

(17) University: The University of Tennessee at Martin, including without limitation its campuses, centers, institutes, and constituent parts.

(18) University-Affiliated Activity: means an activity on or off University-controlled property that is initiated, aided, authorized, sponsored, or supervised by the University.

(19) University-Controlled Property: All land, grounds, structures, or any other property owned, controlled, or operated by the University. For purposes of this rule, University-controlled property includes, without limitation, all streets, alleys, sidewalks, and public ways abutting such property. University-controlled property also includes computers and network systems owned, controlled, or operated by the University or funded by the University.

(20) University Official: An employee of the University, including, without limitation, faculty members and staff members, or, for purposes of this Chapter, a University-recognized volunteer, when acting in the performance of their duties. Student employees may be considered University officials when acting in the performance of their University duties.

(21) Weapon: Any device, instrument, or substance that is designed to, or reasonably could be expected to, inflict a wound, incapacitate, or cause serious bodily injury or death, including, without limitation, firearms (loaded and unloaded, real firearms and devices that would reasonably appear to a law enforcement officer to be real firearms), ammunition, electronic control devices (including but not limited to tasers and stun guns), devices designed to discharge an object (including but not limited to bb guns, air guns, pellet guns, potato guns, and slingshots, but not water guns), explosives, dangerous chemicals (including but not limited to 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 pocket knives that fold (but not excluding switchblades); chemical repellents available over-the-counter for selfdefense; instruments used solely for personal hygiene, preparation of food, maintenance, University-related instruction, or University employment-related duties.

(22) Written: To communicate words either on paper and/or electronically. For example, a notice delivered via e-mail constitutes a written notice under this rule.

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 rule filed September 15, 1976. Repeal and new rule filed May 27, 1986; effective August 12, 1986. Amendment filed October 31, 1990; effective January 29, 1991. Amendment filed January 13, 1999; effective May 31, 1999. Repeal and new rule filed April 17, 2012; effective September 28, 2012. Emergency rule filed August 27, 2015; effective through February 23, 2016. Amendment filed September 14, 2015; effective December 13, 2015. Emergency rules filed June 29, 2018; effective through December 26, 2018. Amendments filed June 29, 2018; effective September 27, 2018. Amendments filed September 30, 2019; effective December 29, 2019. Emergency rules filed August 13, 2020; effective through February 9, 2021. Emergency rules expired effective February 10, 2021, and the rules reverted to their previous statuses. Amendments filed December 17, 2020; effective March 17, 2021.

Tenn. Comp. R. & Regs. 1720-05-01-.03 JURISDICTION

(1) The Standards of Conduct, Chapter 1720-05-01-.04, apply to conduct that occurs on University-controlled property.

(2) The University also has the discretion to discipline a student for an act in violation of the Standards of Conduct that occurs off University-controlled property if the conduct adversely affects the interests of the University, including, but not limited to, conduct which:

(a) Occurs in connection with a University-affiliated activity, including, but not limited to, an overseas study program or a clinical, field, internship, or in-service experience;

(b) Involves another member of the University community; or (c) Threatens, or indicates that the student may pose a threat to, the health or safety of him/herself or others or the security of any person’s property, including, but not limited to, alcohol-related offenses, drug-related offenses, arson, battery, fraud, hazing, participation in group violence, rape, sexual assault or misconduct, stalking, and theft.

(3) The Standards of Conduct have been adopted in furtherance of the University’s interests and serve to supplement, rather than substitute for, the enforcement of the civil and criminal law.

Accordingly, University disciplinary action may be instituted against a student charged with conduct that potentially violates both the criminal law and the Standards of Conduct without regard to the pendency of criminal charges or civil litigation. At the discretion of the Vice Chancellor for Student Affairs, or his/her designee, disciplinary action relating to a violation of the Standards of Conduct may be carried out prior to, simultaneously with, or following criminal proceedings. Students accused of violating the Standards of Conduct may not challenge the University disciplinary proceedings on the grounds that criminal charges, civil litigation, or other University proceedings regarding the same incident are pending or have been terminated, dismissed, reduced, or not yet adjudicated.

(4) Each student shall be responsible for his/her conduct from the time of application for admission 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 of actual enrollment (and even if conduct is not discovered by the University until after a degree is awarded). Should a student withdraw from the University with disciplinary charges pending, the student’s academic record and/or ability to register for classes may be encumbered by the appropriate University office.

(5) Graduate or professional programs within the University may initiate charges against students for alleged violations of professional standards or ethics as a separate issue or as an extension of alleged acts of academic dishonesty or other violations of the Standards of Conduct.

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 rule filed September 15, 1976. Repeal and new rule filed May 27, 1986; effective August 12, 1986. Amendment filed October 31, 1990; effective January 29, 1991. Amendment filed November 20, 1990; effective February 27, 1991. Amendment filed September 3, 1992; effective December 29, 1992. Amendment filed June 18, 1996; effective October 28, 1996. Amendment filed January 13, 1999; effective May 31, 1999. Repeal and new rule filed April 17, 2012; effective September 28, 2012.

Tenn. Comp. R. & Regs. 1720-05-01-.04 STANDARDS OF CONDUCT

Students are prohibited from engaging in the following types of misconduct:

(1) Academic Dishonesty. Cheating, plagiarism, or any other act of academic dishonesty, including, without limitation, an act in violation of the Honor Code.

(2) False Information. Providing false information to a University official.

(3) Misuse of Information in Connection with University Investigation or Hearing. Falsifying, distorting, misrepresenting, or withholding information in connection with a University investigation or hearing.

(4) Misconduct Relating to Records or Identification. Forging, altering, destroying, falsifying, or misusing records or identification, whether in print or electronic form.

(5) 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 or safety; 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.

(6) Harassment. Unwelcome conduct that is so severe, pervasive, and objectively offensive, that it substantially interferes with the ability of a person to work, learn, live, or participate in or benefit from the services, activities, or privileges provided by the University. In no event shall this rule be construed to discipline a student for speech protected by the First Amendment to the United States Constitution (e.g., mere insulting or offensive speech).

(7) Sexual Harassment, Sexual Assault, Dating Violence, Domestic Violence, Stalking, Sexual Exploitation, and/or Retaliation. Violating the University’s Policy on Sexual Harassment, Sexual Assault, Dating and Domestic Violence, and Stalking, which includes sexual exploitation and retaliation.

(8) Invasion of Privacy. Invasion of another person’s privacy when that person has a reasonable expectation of privacy, including, without limitation, using electronic or other means to make a video or photographic record of any person in a location in which the person has a reasonable expectation of privacy, without the person’s knowledge or consent. This includes, but is not limited to, making a video or photographic record of a person in shower/locker rooms or restrooms. The storing, sharing, and/or distributing of such nonconsensual recordings by any means is also prohibited.

(9) Private or Public Property. Any of the following conduct with respect to private or public property, including, without limitation, University-controlled property: theft; misappropriation; unauthorized possession, use, sale, duplication, or entry; vandalism; destruction; damage; or conduct that is reasonably likely to cause damage.

(10) Hazing. Any intentional or reckless act, on or off University-controlled property, by one (1) student, acting alone or with others, which is directed against any other student, which endangers the mental or physical health, safety, or welfare of that student, or which induces or coerces a student to endanger his or her mental or physical health, safety, or welfare.

“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.

(11) Disorderly Conduct. Fighting or other physically violent or physically threatening conduct; creating a hazardous or physically offensive condition by any act that serves no legitimate

purpose; making noise that could unreasonably disturb others who are carrying on lawful activities; or conduct that breaches the peace.

(12) Lewd, Indecent, or Obscene Conduct. Engaging in lewd, indecent, or obscene conduct, including, without limitation, public exposure of one’s sexual organs, public urinating, and public sexual acts.

(13) Imminent Lawless Action. Engaging in speech either orally or in writing that is directed to inciting or producing imminent lawless action and is likely to incite or produce such action.

(14) Fire Safety. Any act of arson; falsely reporting a fire, the presence of an explosive or incendiary device, or other emergency; setting off a false fire alarm; or tampering with, removing, or damaging fire alarms, fire extinguishers or any other safety or emergency equipment from its proper location except when removed in a situation in which there is a reasonable belief of the need for such equipment.

(15) University Keys, Access Cards, and Identification. Possessing, using, or duplicating University keys, University access cards, or University identification cards without authorization from the University.

(16) Information Technology. Theft, misuse, or unauthorized use of information technology facilities, resources, or access codes, including, without limitation: unauthorized entry into or transfer of a file; using another person’s identification and/or password without that person’s consent; using information technology facilities or resources to interfere with the work of another student, faculty member, staff member, or other member of the University community; using information technology facilities or resources to interfere with normal operation of a University information technology system or network; circumventing University information technology system or network security; using information technology facilities or resources in violation of copyright laws; falsifying an e-mail header; and conduct that violates the University’s policy on the acceptable use of information technology resources.

(17) Weapons. Possessing, carrying, using, storing, or manufacturing any weapon on Universitycontrolled property or in connection with a University-affiliated activity, unless authorized in writing by the Chief of Police or his/her designee or unless federal or state law affirmatively gives a student a right, irrespective of this Chapter, to possess or carry a weapon on University-controlled property or in connection with a University-affiliated activity.

(18) Alcohol-Related Conduct – University Property or University Activities. Consuming, manufacturing, possessing, distributing, dispensing, selling, or being under the influence of alcoholic beverages on University-controlled property or in connection with a Universityaffiliated activity unless expressly permitted by University policy.

(19) Alcohol-Related Conduct Prohibited by Law. Consuming, manufacturing, possessing, distributing, dispensing, selling, or being under the influence of alcoholic beverages, if prohibited by federal, state, or local law.

(20) Providing Alcohol to Underage Person. Providing an alcoholic beverage to a person younger than twenty-one (21) years of age, unless permitted by law.

(21) Drugs and Drug Paraphernalia. Using, manufacturing, possessing, distributing, selling, dispensing, or being under the influence of drugs, if prohibited by federal, state, or local law; using, manufacturing, possessing, distributing, or selling drug paraphernalia, if prohibited by federal, state, or local law; using or possessing a prescription drug if the prescription was not issued to the student; or distributing or selling a prescription drug to a person to whom the prescription was not originally issued.

(22) Failure to Fulfill a University Financial Obligation. Failing to timely fulfill a University bill, account, or other financial obligation owed to the University.

(23) Failure to Respond, Comply, or Identify. Failing to respond to a request to report to a University administrative office; failing to comply with a lawful directive of a University employee or other public official acting within the scope of his/her duties; or failing to identify oneself to a University employee or other public official acting within the scope of his/her duties when requested to do so.

(24) Failure to Appear. 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, unless the student has a right to not appear under state or federal law.

(25) Violation of Interim Administrative Actions, Disciplinary Sanctions, or Conditions of Re- Enrollment. Violating the terms of a no-contact directive, an interim restriction (e.g., interim suspension), a disciplinary sanction, or a condition of re-enrollment imposed by the University.

(26) Obstruction or Disruption of University Activity. Obstructing or disrupting teaching, learning, studying, research, public service, administration, disciplinary proceedings, emergency services, or any other University-affiliated activity, or the free flow of pedestrian or vehicular traffic on University-controlled property. In no event shall this rule be construed to discipline a student for speech protected by the First Amendment to the United States Constitution.

(27) Violation of University Policy or Rule. Violating a University policy or rule, including, without limitation, University policies or rules relating to facilities’ use, smoking, the acceptable use of information technology resources, research misconduct, finder’s fees relating to clinical investigations involving human subjects or access to University data or materials, University libraries, dining services, parking or transportation, University identification card use, sexual harassment, residence halls, and registered student organizations.

(28) Act Prohibited by Law. Committing an act that is prohibited by local, state, or federal law.

(29) Attempted Violation; Accessory to Violation. Attempting to commit a violation of a Standard of Conduct or being an accessory to the commission of an act or attempted act in violation of a Standard of Conduct.

(30) Retaliation. Engaging in retaliation. Retaliation 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, including, without limitation, any act or omission constituting “retaliation” under the University's Policy on Sexual Harassment, Sexual Assault, Dating and Domestic Violence, and Stalking and University rules. Retaliation violates the Standards of Conduct regardless of whether the underlying allegation of a violation of the Standards of Conduct is ultimately found to have merit. Retaliation can include, without limitation: (1) an act or omission committed against a person’s family, friends, advisors, and/or other persons reasonably expected to provide information in connection with a University investigation or hearing; and (2) an act or omission committed by a student through a third party.

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 rule filed September 15, 1976; effective October 15, 1976. Amendment filed August 22, 1980; effective December 1, 1980. Amendment filed August 27, 1981; effective November 30, 1981. Amendment filed July 29, 1983; effective October 14, 1983. Repeal and new rule filed May 27, 1986; effective August 12, 1986. Amendment filed October 14, 1990; effective January 29, 1991. Amendment filed January 13, 1999; effective May 31, 1999. Repeal and new rule filed April 17, 2012; effective September 28, 2012. Emergency rule filed August 27, 2015; effective through February 23, 2016. Amendment filed September 14, 2015; effective December 13, 2015. Amendments filed September 30, 2019; effective December 29, 2019. Emergency rules filed August 13, 2020; effective through February 9, 2021. Emergency rules expired effective February 10, 2021, and the rules reverted to their previous statuses. Amendments filed December 17, 2020; effective March 17, 2021.

Tenn. Comp. R. & Regs. 1720-05-01-.05 SANCTIONS

(1) Disciplinary sanctions are primarily intended to educate students and student organizations about appropriate behavior, encourage students and student organizations to take responsibility for misconduct, promote the personal and professional development of students, discourage other students and student organizations from violating the Standards of Conduct, and protect members of the University community. The sanctions imposed should be 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 student’s or student organization’s conduct record; the student’s or student organization’s responsiveness to the conduct process; whether the student acted in self-defense, and, if so, whether the amount of force used was reasonable under the circumstances; student academic classification; and other aggravating or mitigating factors.

(2) The following sanctions may be imposed on any student found to have violated the Standards of Conduct:

(a) Warning. A warning is a notice that the student is violating or has violated the Standards of Conduct. A disciplinary warning is used for minor infractions and consists of a restatement of the Standard(s) of Conduct violated with an official warning concerning future behavior.

(b) Loss of Privilege. A loss of privilege is intended to serve as a reminder of the Standards of Conduct and is for a specific period of time. Privileges that may be lost include, but are not limited to, scholarships, stipends, participation in extracurricular activities (e.g. intramurals), housing privileges, participation in social activities, and use of certain University-controlled property (e.g., information technology resources).

(c) Education. Students may be required to attend classes, at their own expense, dealing with issues such as the consequences of alcohol or drug use, civility, ethics, or other topics as deemed appropriate by the Vice Chancellor for Student Affairs or his/her designee.

(d) Restitution. Restitution may be required in situations that involve destruction, damage, or loss of property, or unreimbursed medical expenses resulting from physical injury.

Restitution may take the form of a monetary payment or appropriate service to repair or otherwise compensate for the destruction, damage, or loss.

(e) Disciplinary Probation. Disciplinary probation permits a student to remain at the University on probationary status but with the understanding that a future violation of the Standards of Conduct may result in suspension. Conditions of probation include loss of eligibility to join a student organization and to serve as an officer in a student organization. Other conditions are specific to the individual case and may include ineligibility to participate in certain student activities. Probation may be for a definite or indefinite period.

(f) Suspension for a Specific Period of Time. Suspension for a specific period of time means that the student is withdrawn from the University and is not eligible to apply for readmission for a designated period of time. Usually, the designated period of time does not exceed one (1) calendar year. Persons suspended from the University may not return to the campus for the duration of their suspension, except to conduct official business with an administrative officer or faculty member. Upon return to the University following a suspension for a specific period of time, the student shall be placed on indefinite disciplinary probation.

(g) Indefinite Suspension. Indefinite suspension is imposed in cases of serious or repeated misconduct or in cases in which the prognosis for rehabilitation is uncertain. Indefinite suspension means that the student is withdrawn from the University for an unspecified period of time but typically for a minimum of one (1) calendar year from the effective date of the indefinite suspension. A student who receives the sanction of indefinite suspension is not eligible to apply for readmission until the student successfully petitions the University Council to lift the suspension. Upon return to the University following an indefinite suspension, the student shall be placed on indefinite disciplinary probation.

(h) Permanent Dismissal. Permanent dismissal means that a student is permanently barred from matriculating as a student on the Martin campus. This sanction is used when the violation of one (1) or more Standards of Conduct is deemed so serious as to warrant total and permanent disassociation from the University community without the possibility of re-enrollment; or when, by his/her repeated violation of the Standards of Conduct, a student exhibits blatant disregard for the health and safety of other members of the University community or the University’s right to establish rules of conduct.

(i) Revocation of Degree. Revocation of a degree means revoking a degree already awarded to a student by the University. Revocation of a degree shall be approved by the University of Tennessee Board of Trustees.

(3) A disciplinary hold may be placed on a student’s account until the completion of the student disciplinary process and/or until the student satisfies the terms and conditions of any sanctions imposed. A student who, at the time of commencement, is subject to a continuing disciplinary sanction or an unresolved disciplinary charge shall not be awarded a degree before the conclusion of all sanctions and/or resolution of all disciplinary charges.

(4) The following sanctions may be imposed on a student organization found to have violated the Standards of Conduct:

(a) Warning. A warning is a notice that the student organization is violating or has violated the Standards of Conduct. A disciplinary warning is used for minor infractions and co nsists of a restatement of the Standard(s) of Conduct violated with an official warning concerning future behavior.

(b) Loss of Privilege. A loss of privilege is intended to serve as a reminder of the Standards of Conduct and is for a specific period of time. Examples of privileges that may be lost include participating in extracurricular activities (e.g., intramurals), housing privileges, participating in social activities, and using certain University-controlled property.

(c) Education. Student organizations and/or their representatives may be required to attend classes, at their own expense, dealing with issues such as the consequences of alcohol or drug use, civility, ethics, or other topics as deemed appropriate by the Vice Chancellor for Student Affairs or his/her designee.

(d) Restitution. Restitution may be required in situations that involve destruction, damage, or loss of property, or unreimbursed medical expenses resulting from physical injury.

Restitution may take the form of a monetary payment or appropriate service to repair or otherwise compensate for the destruction, damage, or loss.

(e) Social Probation. This sanction prohibits a student organization from sponsoring or participating in specified social activities. While on social probation, a student organization may not host social events (e.g., mixers, date parties, formals, and band parties) or participate in University-affiliated activities (e.g., Homecoming). Any exceptions to social probation must be approved, in advance, by the Vice Chancellor for Student Affairs or his/her designee.

(f) Disciplinary Probation. Disciplinary probation means that a student organization is permitted to retain University registration on a probationary status. Violation of the Standards of Conduct during the period of disciplinary probation may result in more serious sanctions, including revocation of University registration.

(g) Revocation of University Registration. In cases of serious misconduct, a student organization’s University registration may be revoked.

(5) More than one (1) of the sanctions listed above may be imposed for any single violation of the Standards of Conduct. Sanctions may be applied retroactively to the date of the offense.

(6) Intoxication or impairment because of alcohol, drugs, chemicals, or other substances does not diminish or excuse a violation of the Standards of Conduct.

(7) Except for an interim suspension, disciplinary sanctions shall not become effective until after opportunities for appeal have been exhausted. Sanctions may be applied retroactively to the date of the offense. Coursework performed while disciplinary charges are pending or disciplinary proceedings are underway shall be considered conditional. Coursework may be affected or disregarded based on a final finding of misconduct or the sanction imposed, which may result in loss of course credit, a loss of tuition and/or fees, a delay in the awarding of a degree, or revocation of a degree that was awarded prior to a final decision in the disciplinary proceeding.

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 rule filed July 29, 1983; effective October 14, 1983. Repeal and new rule filed May 27, 1986; effective August 12, 1986. Amendment filed January 13, 1999; effective May 31, 1999. Repeal and new rule filed April 17, 2012; effective September 28, 2012. Amendments filed September 30, 2019; effective December 29, 2019.

Tenn. Comp. R. & Regs. 1720-05-01-.06 NO CONTACT DIRECTIVES

In cases involving allegations of assault, injury, sexual abuse, harassment, or in cases where there is reason to believe continued contact between a student/student organization and specific persons, including complainants and witnesses, may interfere with those persons’ security, safety or ability to participate effectively in work or studies, the Vice Chancellor for Student Affairs, or his/her designee, may require that the student/student organization not have verbal, physical, or written contact with specific persons for a definite or indefinite period of time.

The student/student organization will receive written or electronic notice of the no contact directive. 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/student organization. In addition to an internal University no contact directive, complainants are advised that other similar options exist and can be obtained from law enforcement and civil and criminal courts.

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 rule filed April 17, 2012; effective September 28, 2012.

Tenn. Comp. R. & Regs. 1720-05-01-.07 INTERIM SUSPENSION

(1) When the Vice Chancellor for Student Affairs or his/her designee has reasonable cause to believe that a student’s or student organization’s continued presence on University-controlled property or at University-affiliated activities poses a significant risk of substantial harm to the health or safety of others or to property or poses an ongoing threat to the disruption of, or interference with, the normal operations of the University, the Vice Chancellor for Student Affairs or his/her designee may impose an interim suspension prior to the conclusion of a full hearing on the alleged misconduct.

(2) An interim suspension shall be confirmed by a written statement that explains the basis for the interim suspension and shall remain in effect until the conclusion of a full hearing in accordance with the rules of the University, which shall be held without undue delay. The statement shall be delivered to the student in person, to the address the University has on file for the student, or to the student’s University-provided e-mail account. The statement shall be delivered in person or via e-mail to the advisor to the student organization.

(3) Within three (3) business days of the imposition of the suspension, the student or student organization shall be offered an opportunity to appear personally before the Vice Chancellor for Student Affairs or his/her designee in order to discuss the following issues only: (i) the reliability of the information concerning the student’s conduct; and (ii) whether the conduct and surrounding circumstances reasonably indicate that the student’s or student organization’s continued presence on University-controlled property or at University-affiliated activities poses a significant risk of substantial harm to the health or safety of others or to property or poses an imminent threat of disruption of or interference with the normal operations of the University.

(4) During an interim suspension, the student or student organization shall be denied access to University-controlled property, including residence halls, and all other University-affiliated activities or privileges for which the student or student organization might otherwise be eligible, as the Vice Chancellor for Student Affairs or his/her designee determines in his/her sole discretion to be appropriate. A student or student organization who receives an interim suspension and violates the terms of the interim suspension shall be subject to further disciplinary action and may be treated as a trespasser. Permission to be on Universitycontrolled property or participate in University-affiliated activities may be granted by the Vice Chancellor for Student Affairs or his/her designee.

(5) When a student is placed on interim suspension from the University, he/she may be assigned a grade of “W” or “I,” whichever is deemed more appropriate by the faculty member involved.

(6) Notwithstanding any other provision in this Section .07, in any case in which a Formal Complaint is filed that includes Title IX Allegations, the Vice Chancellor for Student Affairs may impose an interim suspension on a Respondent only after undertaking an individualized safety and risk analysis, and 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 of the Respondent. The Vice Chancellor for Student Affairs will provide the Respondent notice and an opportunity for the Respondent to challenge an interim suspension or removal within three (3) business days.

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 rule filed April 17, 2012; effective September 28, 2012. Emergency rules filed August 13, 2020; effective through February 9, 2021. Emergency rules expired effective February 10, 2021, and the rules reverted to their previous statuses. Amendments filed December 17, 2020; effective March 17, 2021.

Tenn. Comp. R. & Regs. 1720-05-01-.08 HEARING PROCEDURES

(1) Conflicts of Interest.

(a) The student conduct process must be carried out in a manner that is free from conflicts of interest or bias and is consistent with due process of law.

(b) In all cases involving allegations of sexual assault, dating violence, domestic violence, or stalking and/or retaliation, the student conduct process must include protections for the accused student/respondent analogous to, and no less protective than, the conflict of interest provisions of Tennessee Code Annotated § 4-5-303. Notwithstanding the preceding sentence: (1) an attorney for the University is allowed to provide legal advice to multiple University employees who serve in different roles in the process of disciplining a student; and (2) the University is allowed to provide the alleged victim/complainant with equivalent rights as the accused student/respondent during the student conduct process.

(2) Allegations of Sexual Harassment, Sexual Assault, Dating Violence, Domestic Violence, Stalking, or Sexual Exploitation.

(a) Case Initiation. In cases involving allegations of sexual harassment, sexual assault, dating violence, domestic violence, stalking, or sexual exploitation, the student conduct process is initiated upon the filing of a Formal Complaint by a Complainant or by the Title IX Coordinator. As soon as practicable after the filing of a Formal Complaint, the Office of Student Conduct will provide a Notice of Receipt of Formal Complaint to the parties who are known. The Notice of Receipt of Formal Complaint shall include the following information: (1) notice of the student conduct process that applies to the allegations; (2) the identities of the parties involved in the incident; (3) the conduct allegedly constituting the violation; (4) the date and location of the incident, if known;

(5) a statement that the Respondent is presumed not responsible for the alleged conduct; (6) a statement that a determination regarding responsibility is made at the conclusion of the student conduct process; (7) the parties’ right to have an advisor of their choice, who may be, but is not required to be, an attorney; (8) the parties’ right to inspect and review evidence; and (9) notice of the provisions of the Code that prohibit providing false information to a University official.

(b) Right to an Advisor. The Complainant and the Respondent each may be assisted by one (1) advisor of their choice and at their own cost during all stages of the student conduct process. The advisor may be, but is not required to be, an attorney. If a Complainant or Respondent does not have an advisor present at a Title IX Hearing, the University must provide one (selected by the University) without fee or charge to that party. The role of an advisor is limited to assisting, advising, and/or supporting a Complainant or Respondent during the student conduct process, including at all meetings, investigative interviews, and hearings. An advisor is not permitted to speak for or on behalf of a Complainant or Respondent, appear in lieu of a Complainant or Respondent, participate as a witness, or participate directly in any other manner during any phase of the student conduct process, except in a Title IX Hearing. In a Title IX Hearing, the advisor is permitted to speak on behalf of a Complainant or Respondent for the purposes of asking questions of the other party and witnesses, in accordance with Section .08(8)(e)6. of this Chapter.

(c) Investigations.

1. Investigations of allegations of sexual harassment, sexual assault, dating violence, domestic violence, stalking, or sexual exploitation will be conducted by the Office of Student Conduct unless another person or organization is designated to serve as the investigator in accordance with University rules or policy.

2. Investigations will be conducted in a prompt, fair, and impartial manner.

3. When conducting an investigation, the Office of Student Conduct (or other designated investigator) will act as a fair and impartial party rather than as a representative of the person who filed the Formal Complaint.

4. During an investigation, the Complainant(s), the Respondent(s), witnesses, or any other persons may be interviewed, and other relevant information and documentation will be obtained as applicable. The Office of Student Conduct (or other designated investigator) may interview and re-interview the Complainant(s), Respondent(s), witnesses, and/or any other person at any time during the investigation in order to obtain additional and/or clarifying information.

5. During an investigation, the Office of Student Conduct will (1) ensure that the burden of proof and burden of gathering evidence rests on the University and not on the parties; (2) provide an equal opportunity for the parties to identify and present witnesses for interview, including fact witnesses and expert witnesses, and other inculpatory and exculpatory evidence; and (3) provide written notice of the date, time, location, participants, and purpose of all investigative interviews and other meetings, with sufficient time to prepare to participate.

6. The Office of Student Conduct will provide both parties with an equal opportunity to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in the Formal Complaint. Prior to completion of the investigative report, the Office of Student Conduct will send to each party and the party’s advisor, if any, the evidence subject to inspection and review. The parties must have at least ten (10) business days to submit a written response, which the Office of Student Conduct will consider prior to completion of the investigative report. After the investigative report is completed, the parties must have at least ten (10) business days to submit a written response to the report, and no hearing shall occur until that period has lapsed, even if the parties have submitted responses prior to the expiration of the ten (10) day period.

(3) Notice of Charges.

(a) A student charged with violating the Standards of Conduct, Chapter 1720-05-01-.04, shall be provided written notice of:

1. The substance of the charge(s) against him/her;

2. The disciplinary action taken or proposed; and 3. His/her rights to a hearing should he/she wish to contest the charge(s) and information concerning the process for requesting a hearing, including the requirement that a request for a hearing before the Disciplinary Hearing Board must be made within five (5) days of the student’s receipt of the notice of the charges against him/her.

(b) This Section .08(3)(a) does not apply to Formal Complaints that include Title IX Allegations.

(4) Hearing Options. A student charged with violating the Standards of Conduct, Chapter 1720- 05-01-.04, shall have the following options for a hearing:

(a) An administrative hearing before the Student Conduct Officer;

(b) A hearing before the Disciplinary Hearing Board;

(c) A hearing before a Title IX Hearing Officer (“Title IX Hearing”), which is described in

Section .08(8) and which is the only hearing option provided under the Code for determining responsibility for Title IX Allegations; or (d) A hearing in accordance with the University’s rules for conducting contested case proceedings under the Uniform Administrative Procedures Act (“UAPA Hearing”). All disciplinary cases that may result in suspension or permanent dismissal of a student, the revocation of a degree, or the revocation of registration of a student organization are subject to the contested case provisions of the UAPA. The University’s procedures for conducting contested case hearings under the UAPA are contained in Chapter 1720-01-05, and the University’s rules concerning waivers of contested case proceedings are contained in Chapter 1720-01-03. Disciplinary hearings will be conducted in accordance with the University’s procedures for conducting contested case proceedings under the UAPA unless the student waives those procedures in writing and elects to have his or her case resolved in accordance with Section .08(6) or

Section .08(7).

(5) Notice of Hearing Concerning Allegations of Sexual Harassment, Sexual Assault, Dating Violence, Domestic Violence, Stalking, Sexual Exploitation, and/or Retaliation. In administrative hearings before the Student Conduct Officer or hearings before the Disciplinary Hearing Board, at least seventy-two (72) hours prior to a hearing under Section .08(6) or Section .08(7) concerning allegations of sexual harassment, sexual assault, dating violence, domestic violence, stalking, sexual exploitation, and/or retaliation, the University shall provide the accused student/respondent with notice of the following: (1) the time, place, and date of the hearing; (2) the name of each witness the University expects to present at the hearing and those the University may present if the need arises; (3) notice of 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 (4) 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.

(6) Administrative Hearing. A student charged with violating the Standards of Conduct has a right to resolve a disciplinary case through an administrative hearing with the Student Conduct Officer by accepting responsibility for violating the Standards of Conduct. Following the student’s written acceptance of responsibility and written waiver of the right to a hearing under the UAPA, the Student Conduct Officer will assess a penalty that is appropriate under

Chapter 1720-05-01-.05. Following the assessment of the penalty, the student may acknowledge the acceptance of the penalty in writing or appeal the penalty to the Vice Chancellor for Student Affairs in accordance with Chapter 1720-05-01-.09. A student who resolves a disciplinary case through an administrative hearing with the Student Conduct Officer may only appeal the penalty to the Vice Chancellor for Student Affairs.

(7) Disciplinary Hearing Board.

(a) The Disciplinary Hearing Board is an ad hoc board composed of five (5) members of the University Council, in addition to the Vice Chancellor for Student Affairs, who shall serve as the non-voting chairperson of the Disciplinary Hearing Board. The Disciplinary Hearing Board hears cases of alleged violations of the Standards of Conduct and other cases deemed appropriate by the Vice Chancellor for Student Affairs. The Vice Chancellor for Student Affairs shall select the members of the Disciplinary Hearing Board from the membership of the University Council. A majority vote of the members present is required for all decisions of the board.

(b) A request for a hearing before the Disciplinary Hearing Board shall be made within five (5) days of the student’s receipt of the notice of the charges against him/her. A hearing shall be scheduled promptly after receipt of the request for a hearing. A student shall be notified of the date, place, and time for the hearing at least seventy-two (72) hours in advance of the hearing. A student has no right to have a hearing before the Disciplinary Hearing Board unless the student waives the provisions of the UAPA in writing.

(c) Members of the Disciplinary Hearing Board shall be impartial and anyone lacking such impartiality shall recuse himself/herself. The accused student has the right to challenge any member of the Disciplinary Hearing Board for good cause and request that he/she be dismissed and replaced. The chairperson of the Board determines whether to dismiss and replace a member of the Disciplinary Hearing Board. Neither the Student Conduct Officer nor a person who investigated the allegations of misconduct against the accused student shall be a member of the Disciplinary Hearing Board or advise the Disciplinary Hearing Board.

(d) The chairperson of the Disciplinary Hearing Board will conduct the hearing, without regard to technical rules of procedures in such a manner as will best serve the cause of justice within the following general guidelines:

1. An accused student has a right to a hearing closed to the public. In cases involving more than one (1) student, the chairperson may permit the hearings concerning each student to be conducted separately.

2. The chairperson shall rule on all motions, objections, and other procedural issues. The chairperson shall ascertain that the accused student has been advised of the charges against him/her and shall then read a statement describing the charges. A student who fails to appear before the Disciplinary Hearing Board following proper notice shall be deemed to have waived his/her rights to be present during the hearing, to know the evidence against him/her, to present evidence in his/her own behalf, and to exercise reasonable crossexamination of witnesses appearing against him/her. This waiver shall become effective if the student fails to appear at the designated time and place of the hearing unless, at least twenty-four (24) hours prior to the hearing, the student communicates in writing to the Dean of Students good cause for granting a continuance of the hearing. However, no student may be found to have violated the Standards of Conduct solely because the student failed to appear before the Disciplinary Hearing Board. In all cases, the evidence in support of the charges shall be presented to and considered by the Disciplinary Hearing Board.

3. The accused shall enter a plea of responsible or not responsible. If a responsible plea is entered, he/she shall be advised of the maximum penalty, and the Board shall review the circumstances of the case and make appropriate decisions or recommendations regarding the penalty.

4. The accused student may be accompanied by no more than one (1) advisor during the hearing, including but not limited to a parent, spouse, friend, or attorney. The role of the advisor shall be limited to providing advice or support to the accused student. Even if accompanied by an advisor, the accused student is responsible for presenting his/her own case to the Disciplinary Hearing Board.

An advisor is not permitted to: introduce evidence; raise objections; present arguments; directly address the members of the Disciplinary Hearing Board, the Student Conduct Officer, or any witnesses participating in the hearing; or otherwise participate in the hearing. In consideration of the limited role of the advisor, and of the compelling interest of the University to expeditiously conclude the matter, a hearing shall not be delayed due to the unavailability of an advisor.

The accused student shall inform the Student Conduct Officer of the name of the student’s advisor, if any, at least three (3) days before the hearing before the Disciplinary Hearing Board.

5. Each party to a hearing shall be given an opportunity to make opening and closing statements.

6. Each party to a hearing shall be afforded a full and fair opportunity to present all evidence, including witnesses, reasonably relating to the charge or action at issue. Each party will have the right to question opposing witnesses. Technical rules of evidence will not apply. Evidence which is irrelevant, immaterial, repetitious or voluminous may be limited or excluded. Hearsay evidence is admissible. If a not responsible plea has been entered, evidence in mitigation of the alleged offense shall be presented only if the Board has determined that the accused student is responsible for the violation.

7. The Student Conduct Officer shall present the case on behalf of the University.

The University shall have the burden of proving, by a preponderance of the evidence, the truth of the charge(s) at issue. Where the charge(s) is found to be true, the accused student shall have the burden of proving that the disciplinary action taken or proposed is arbitrary, capricious, or unreasonable.

8. The Board will consider all evidence presented, giving due consideration to the credibility or weight of each item presented. During Board deliberations all persons except the Board members shall be excused from the hearing room.

The decision shall be based solely upon the evidence presented. No mention will be made during the hearing on innocence or guilt of the student’s previous disciplinary record, unless appropriate as rebuttal to character evidence introduced by the accused.

9. After a determination of responsibility by the Board, the Student Conduct Officer, on behalf of the University, shall present the previous disciplinary record of the accused student if any, and evidence of any other aggravating circumstances, to the Board together with the recommendation of the Student Conduct Officer as to an appropriate penalty.

10. After presentation of evidence by the Student Conduct Officer, the accused shall be allowed to present character evidence, evidence of mitigating circumstances, and an alternative penalty recommendation.

11. After the Board determines the penalty, the accused student shall be advised in writing of its decision within forty-eight (48) hours of the hearing.

12. A record will be made of the hearing procedures. However, defects in the record will not invalidate the proceedings. The results of the Board’s decision shall be kept on official University forms. If a verbatim record of the hearing is prepared, it shall be retained in the custody of the Office of Student Conduct and considered a confidential disciplinary record.

13. Appeals from decisions of the Disciplinary Hearing Board may be made to the Vice Chancellor for Student Affairs in accordance with Chapter 1720-05-01-.09.

14. In cases involving an allegation of sexual assault or misconduct, the hearing procedures shall be modified to afford the alleged victim all of the rights described in Chapter 1720-05-01-.08(9). The Disciplinary Hearing Board may consider evidence introduced by the alleged victim as part of the University’s proof.

(8) Title IX Hearing.

(a) Any case involving allegations that a Respondent’s conduct constitutes Sexual Harassment in the University’s education program or activity in the United States as defined in 34 C.F.R. 106.30(a) (“Title IX Allegations”) will be resolved through a Title IX Hearing. The Title IX Hearing must be conducted in accordance with 34 C.F.R. 106.45.

(b) Appointment of Title IX Hearing Officer. The Vice Chancellor for Student Affairs will appoint a qualified Title IX Hearing Officer to conduct the Title IX Hearing and will notify the parties and their advisors, if any, of the appointment. The Title IX Hearing Officer may be a University employee, a team of University employees, an external person engaged to conduct the Title IX Hearing, or a team of external people engaged to conduct the Title IX Hearing.

(c) Notice of Title IX Hearing.

1. When a Notice of Title IX Hearing is Sent. The Title IX Hearing Officer will send the Respondent and the Complainant a Notice of Title IX Hearing at least ten (10) business days in advance of the date of the hearing.

2. Information in the Notice of Title IX Hearing. The Notice of Title IX Hearing will contain, or be accompanied by, the following information: (1) the date, time, and place of the Title IX Hearing; (2) notice of 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 University must provide an advisor of the University’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; (3) notice that any cross-examination of any other party or witness must be conducted by the advisor, and never by a party personally; and (4) notice that all of the evidence obtained as part of the investigation that is directly related to the allegations raised in the Formal Complaint will be available to the parties at the hearing. Other pre-hearing information may also be included in the Notice of Title IX Hearing. Any Title IX Hearing may be rescheduled by the Title IX Hearing Officer or upon request of any party and for good cause shown.

3. Consequences of Failing to Attend a Title IX Hearing. If a party fails to attend a Title IX Hearing, the Title IX Hearing Officer may proceed with the Title IX Hearing without that party’s participation.

(d) General Rules Governing Title IX Hearings.

1. The Title IX Hearing will take place no sooner than ten (10) business days after the parties’ receipt of the written investigative report.

2. The Title IX Hearing Officer may conduct pre-hearing meetings or conferences with the parties and their advisors, if any, to discuss any pre-hearing issues, including but not limited to, the date of the hearing, the location of the hearing, any technology to be used at the hearing, the general rules governing the hearing, including any rules of decorum, the identification of witnesses, and the availability of evidence at the hearing.

3. Each party must notify the Title IX Hearing Officer at least five (5) business days before the hearing of the identity of the party’s advisor, if any, or that the party does not have an advisor so that the University can provide an advisor.

4. At the request of either party, the Office of Student Conduct will provide for the hearing to occur with the parties located in separate rooms with technology enabling the Title IX Hearing Officer and parties to simultaneously see and hear the party or the witness answering questions.

5. Upon request of a party, and for good cause shown, the Title IX Hearing Officer may permit the participation of witnesses who were not identified by the party to the investigator, or the inclusion of evidence at the Title IX Hearing that was not provided by the party to the investigator.

(e) Procedural Rules for Title IX Hearings.

1. Authority of the Title IX Hearing Officer. The Title IX Hearing Officer has the

authority to maintain order and make all decisions necessary for the fair, orderly, and expeditious conduct of the Title IX Hearing. The Title IX Hearing Officer shall be the final decision maker concerning what, how, and in what order witnesses are questioned and evidence is examined.

2. Exclusion of Information.

(i) 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.

(ii) The University cannot 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 which are made and maintained in connection with the provision of treatment to the party, unless the University obtains that party’s voluntary, written consent to do so.

(iii) The University cannot 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.

3. Preliminary Matters. The Title IX Hearing Officer shall begin the hearing by explaining the substance of the allegations and the specific University rule or policy allegedly violated.

4. Attendance and Participation. Attendance during a Title IX Hearing generally is limited to the Title IX Hearing Officer, a representative from the Office of Student Conduct, the Complainant and the Complainant's advisor, the Respondent and the Respondent's advisor, and witnesses. Witnesses may attend the Title IX Hearing only while they are presenting information to the Title IX Hearing Officer, unless the witness is the Complainant or the Respondent. The Title IX Hearing Officer and the Office of Student Conduct have the discretion to allow other persons to attend the Title IX Hearing, in accordance with state and federal law.

5. Opening Statements. The Complainant and then the Respondent may make a brief statement of no longer than ten (10) minutes to the Title IX Hearing Officer, and they may provide a written copy of their statements to the Title IX Hearing Officer at the hearing. The Title IX Hearing Officer will provide a copy of any written statement received to the other party.

6. Questioning the Witnesses. Following any opening statements, the Title IX Hearing Officer will question the Complainant, the Respondent, and any witnesses requested by the parties or deemed to have relevant information by the Title IX Hearing Officer. The Title IX 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 crossexamination must be conducted directly, orally, and in real time by the party’s advisor of choice and never by a party personally. Only relevant crossexamination and other questions may be asked of a party or witness. Before the Complainant, the Respondent, or any witness answers a cross-examination or other question, the Title IX Hearing Officer must first determine whether the question is relevant and explain any decision to exclude a question as not relevant. If a party or witness does not submit to cross-examination at the hearing, the Title IX Hearing Officer must not rely on any statement of that party or witness in reaching a determination regarding responsibility; provided, however, that the Title IX Hearing Officer cannot draw an inference about the determination regarding responsibility based solely on a party’s or witness’s absence from the hearing or refusal to answer cross-examination or other questions.

7. Closing Statements. At the close of the Title IX Hearing, the Title IX Hearing Officer may allow the Complainant and the Respondent equal opportunities to make statements summarizing the information presented to the Title IX Hearing Officer and/or advocating the decision that the Title IX Hearing Officer should reach.

(f) Recording of the Title IX Hearing. The University will create an audio or audiovisual recording or transcript of the hearing and make it available to the parties for inspection and review.

(g) Notice of Decision. Within fifteen (15) business days of the hearing, the Title IX Hearing Officer must issue a written determination regarding responsibility (“Notice of Decision”). The Notice of Decision must include (i) identification of the allegations potentially constituting Sexual Harassment; (ii) 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; (iii) findings of fact supporting the determination; (iv) conclusions regarding the application of the Code to the facts; (v) a statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any disciplinary sanctions imposed on the Respondent, and whether remedies designed to restore or preserve equal access to the University’s education program or activity will be provided by the University to the Complainant; and (vi) the procedures and permissible bases for the Complainant and Respondent to appeal. In deciding the appropriate sanctions for a Respondent’s misconduct, the Title IX Hearing Officer may consider information provided at the hearing by the Complainant, the Respondent, or any other witness with relevant information concerning the appropriate sanctions, if the Respondent is determined responsible.

(h) Notice of Decision to the Office of Student Conduct. The Title IX Hearing Officer shall transmit a copy of the Notice of Decision to the Office of Student Conduct. The Office of Student Conduct shall notify the Respondent, the Complainant, and their advisors about the written determination and provide a copy of it simultaneously to the parties and their advisors.

(i) Appeal. The decision of the Title IX Hearing Officer may be appealed to the Vice Chancellor for Student Affairs in accordance with Section .09(2) of this Chapter.

(9) In accordance with Title IX of the Education Amendments of 1972, the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, and other applicable law, the University will investigate and resolve reports of sexual harassment, sexual assault, dating violence, domestic violence, stalking and/or retaliation in accordance with the University’s Policy on Sexual Harassment, Sexual Assault, Dating and Domestic Violence, and Stalking and University rules, and the Respondent and the Complainant shall have the rights outlined in that Policy and University rules.

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 rule filed April 17, 2012; effective September 28, 2012. Emergency rule filed August 27, 2015; effective through February 23, 2016. Amendment filed September 14, 2015; effective December 13, 2015. Emergency rules filed June 29, 2018; effective through December 26, 2018. Amendments filed June 29, 2018; effective September 27, 2018. Amendments filed September 30, 2019; effective December 29, 2019. Emergency rules filed August 13, 2020; effective through February 9, 2021. Emergency rules expired effective February 10, 2021, and the rules reverted to their previous statuses. Amendments filed December 17, 2020; effective March 17, 2021.

Tenn. Comp. R. & Regs. 1720-05-01-.09 APPEALS

(1) Appeal of Decisions of a Student Conduct Officer or Disciplinary Board Hearing. A decision of the Disciplinary Hearing Board, or a decision of the Student Conduct Officer concerning a penalty following an administrative hearing, may be appealed to the Vice Chancellor for Student Affairs.

(a) The request for appeal shall be submitted in writing to the Vice Chancellor for Student Affairs within five (5) business days of written notice of the decision of the Disciplinary Hearing Board or Student Conduct Officer.

(b) The request for appeal shall contain:

1. A statement that the student or student organization appeals the decision of the Disciplinary Hearing Board or Student Conduct Officer; and 2. A brief statement of the grounds for the appeal.

(c) All appeals to the Vice Chancellor for Student Affairs are written and heard based upon the record made before the Disciplinary Hearing Board.

(d) Pending the outcome of an appeal, the penalty specified in the decision of the Disciplinary Hearing Board shall not be imposed.

(e) The Vice Chancellor for Student Affairs may:

1. Affirm the decision of the Disciplinary Hearing Board or Student Conduct Officer;

2. Amend the decision of the Disciplinary Hearing Board or Student Conduct Officer;

3. Return the case to the Disciplinary Hearing Board or Student Conduct Officer with instructions for reconsideration of the case; or 4. Overturn the decision of the Disciplinary Hearing Board.

(2) Appeal of Decisions of a Title IX Hearing Officer. A decision of a Title IX Hearing Officer following a Title IX Hearing (or the dismissal of a Formal Complaint alleging Title IX Allegations) may be appealed by either the Complainant or the Respondent to the Vice Chancellor for Student Affairs.

(a) The request for appeal shall be submitted in writing to the Vice Chancellor for Student Affairs.

(b) The request for appeal shall contain:

1. A statement that the student appeals the decision of the Title IX Hearing Officer; and 2. A brief statement of the grounds for the appeal.

(c) Pending the outcome of an appeal, the penalty specified in the decision of the Title IX Hearing Officer shall not be imposed.

(d) Grounds for Appeal. The grounds for the appeal, which shall be limited to one (1) or more of the following grounds:

1. Procedural Error. A procedural irregularity affected the outcome of the matter.

2. New Evidence. New evidence that was not reasonably available at the time the determination regarding responsibility was made that could affect the outcome of the matter.

3. Conflict of Interest or Bias. The Title IX Coordinator, the investigator(s), or the Title IX 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.

4. Clearly Unreasonable Sanction. The sanction(s) imposed by the Title IX Hearing Officer is clearly unreasonable (i.e., has no sound basis or justification in reason).

(e) Appeal Process. Each party may submit a written statement in support of or challenging the outcome of the Title IX Hearing. The written statement must be received by the Vice Chancellor for Student Affairs within five (5) business days of the date on which the Notice of Appeal was filed, or within five (5) business days of the date on which the non-appealing party received notice that the other party filed a Notice of Appeal. Within five (5) business days of the receipt of the last written statement, the Vice Chancellor for Student Affairs will issue a written decision describing the result of the appeal and the rationale for the result, which will be provided simultaneously to both parties.

(f) The Vice Chancellor for Student Affairs may:

1. Affirm the decision of the Title IX Hearing Officer;

2. Amend the decision of the Title IX Hearing Officer;

3. Return the case to the Title IX Hearing Officer with instructions for reconsideration of the case; or 4. Overturn the decision of the Title IX Hearing Officer.

(3) The decision of any board or administrative officer of the University of Tennessee at Martin is subject to review by the Chancellor.

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 rule filed April 17, 2012; effective September 28, 2012. Emergency rules filed August 13, 2020; effective through February 9, 2021. Emergency rules expired effective February 10, 2021, and the rules reverted to their previous statuses. Amendments filed December 17, 2020; effective March 17, 2021.

Tenn. Comp. R. & Regs. 1720-05-01-.10 EMERGENCY POWERS

When, in the judgment of the Chancellor of the University of Tennessee at Martin, conditions are such that an emergency exists which makes it impossible for the system of judicial boards to function, he/she may suspend these procedural regulations. If the procedures are suspended, he/she may substitute for them arrangements for handling disciplinary matters that will insure the orderly functioning of the University and at the same time safeguard the basic rights of the students and student organizations.

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 rule filed April 17, 2012; effective September 28, 2012.

Tenn. Comp. R. & Regs. 1720-05-01-.11 INVOLUNTARY MEDICAL WITHDRAWAL OR SUSPENSION

(1) When a student is unable to effectively pursue his/her academic work, or when his/her behavior is disruptive to the normal educational processes of the University, or constitutes a threat to members of the University community, due to, among other things, alcohol use, drug use, or a physical or mental incapacitating condition, he/she may be withdrawn or temporarily suspended from the University as hereinafter provided.

(2) Withdrawal. A student may be withdrawn from the University only after an evaluation of his/her mental and physical condition by a panel of at least three (3) persons appointed by the Vice Chancellor for Student Affairs. The student shall be notified of the reasons for the evaluation and given an opportunity to present evidence to the committee. The committee’s findings and recommendations shall be forwarded to the Vice Chancellor for Student Affairs, who will notify the student in writing of his/her decision.

(3) Temporary Suspension. Whenever a student, because of his/her mental or physical condition constitutes a danger to persons or property, or when his/her behavior is disruptive to the normal educational processes of the University, he/she may be suspended from the University, for a reasonable period of time, by the Vice Chancellor for Student Affairs. If the University does not withdraw the student in accordance with procedures outlined above, he/she may return to the University at the end of the suspension period.

(4) Grades. When a student is withdrawn or temporarily suspended from the University, he/she may be assigned a grade of “W” or “I,” whichever is deemed appropriate by the faculty member involved.

(5) Readmission.

(a) A student who is involuntarily withdrawn under this rule may not be readmitted to the University before the start of the next semester or without the approval of the Vice Chancellor for Student Affairs. The student shall also meet all of the admission requirements of the University and of the school or college in which he/she wishes to be readmitted.

(b) A student shall submit a written request for permission to reapply to the University with the Vice Chancellor for Student Affairs by October 1 for Spring enrollment, by February 1 for Summer enrollment, and by May 1 for Fall enrollment. The student’s written request shall include an explanation of why the Vice Chancellor for Student Affairs should allow the student to reapply and an explanation of the student’s plan to transition successfully back into the academic community.

(c) The Vice Chancellor for Student Affairs may require the student to provide the panel of individuals who recommended that the student be involuntarily withdrawn with proof that the condition that caused the withdrawal is no longer present or that the condition is under control through treatment such that the student does not present a direct threat to the health or safety of him/herself or others and will not disrupt the normal educational processes of the University. Proof may consist of a current medical or mental health evaluation, demonstration of ongoing medical or mental health treatment, and a plan for treatment upon readmission. The panel may request any other information or documentation that it deems necessary. In exceptional circumstances, the panel may request a second, independent opinion of a qualified medical or mental health professional paid for by the University. In cases where the Vice Chancellor for Student Affairs has imposed other conditions for readmission, it is the responsibility of the student to provide documentation of compliance with those conditions.

(d) The panel’s recommendation concerning reenrollment or readmission shall be provided to the Vice Chancellor for Student Affairs, who will notify the student in writing of his/her decision. The decision of the Vice Chancellor for Student Affairs is final and may not be appealed.

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 rule filed April 17, 2012; effective September 28, 2012.

Tenn. Comp. R. & Regs. 1720-05-01-.12 INSPECTION AND SEARCH POLICIES

(1) Entry by University authorities into occupied rooms in residence halls will be divided into three (3) categories; inspection, search, and emergency. Inspection is defined as the entry into an occupied room by University authorities in order to ascertain the health and safety conditions in the room, to check the physical condition of the room, to make repairs on facilities, or to perform cleaning and janitorial operations. Search is defined as the entry into an occupied room by on-campus authorities for the purpose of investigating suspected violations of campus regulations. An emergency situation exists when the delay necessary to obtain a search authorization constitutes an apparent danger to person, property, or the building itself.

(2) Inspection: Scheduled inspections by on-campus authorities with the exception of daily janitorial operations shall be preceded, if possible, by twenty-four (24) hours’ notice to the residents. During the inspection there will be no search of drawers, closets, or personal belongings. This policy is applicable for residence halls and fraternity houses.

(3) Search: On-campus authorities will not enter a room for purposes of search without the permission of the resident unless they have a campus authorization to search, authorized by the Vice Chancellor for Student Affairs or his/her designee, which specifies the reasons for the search and the objects or information sought, or unless they enter in compliance with federal or state law. If possible, the student should be present during the search. Normally these searches will not be made unless the Vice Chancellor for Student Affairs or his/her designee is present.

(4) If the search reveals objects the possession of which violates a law or a University rule, the University may take appropriate disciplinary action even though the objects were not listed on the search authorization.

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 rule filed April 17, 2012; effective September 28, 2012.

Tenn. Comp. R. & Regs. 1720-05-01-.13 ACADEMIC DISHONESTY

The University of Tennessee at Martin has chosen as its primary objective quality undergraduate education. Commitment to this objective must include an obligation by all members of the University community to promote and protect the highest standards of integrity in study, research, instruction and evaluation. Dishonesty or unethical behavior does not belong at an institution dedicated to the promotion of knowledge and learning. Integrity of the academic process requires fair and impartial evaluation by faculty and honest academic conduct by students. A student may be found to have violated this obligation if he/she:

(1) Refers during an academic evaluation to materials, sources, or devices not authorized by the instructor;

(2) Provides assistance during an academic evaluation or assignment to another person in a manner not authorized by the instructor;

(3) Receives assistance during an academic evaluation or assignment from another person in a manner not authorized by the instructor;

(4) Possesses, buys, sells, obtains, or uses a copy of any materials intended to be used as an instrument of academic evaluation in advance of its administration;

(5) Acts as a substitute for another person in any academic evaluation or assignment;

(6) Utilizes another person as a substitute for him/herself in any academic evaluation or assignment;

(7) Practices any form of deceit in an academic evaluation or assignment;

(8) Depends on the aid of others, in a manner expressly prohibited by the instructor, in the research, preparation, creation, writing, performing, or publication of work to be submitted for academic credit or evaluation;

(9) Provides aid to another person, knowing such aid is expressly prohibited by the instructor, in the research, preparation, creation, writing, performing, or publication of work to be submitted for academic credit or evaluation;

(10) Indulges in plagiarism by presenting as one’s own, for academic evaluation or assignment, the ideas, representations, or works of another person or persons without customary and proper acknowledgment of sources;

(11) Submits the work of another person in a manner that represents the work to be one’s own;

(12) Knowingly permits one’s work to be submitted by another person without the instructor’s authorization;

(13) Attempts deceitfully to influence or change one’s academic evaluation or record; or (14) Indulges in conduct that is so disruptive as to infringe upon the rights of an instructor or fellow students during a class or examination session.

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 rule filed April 17, 2012; effective September 28, 2012.

Chapter 1720-05-02 Student Organizations

Tenn. Comp. R. & Regs. 1720-05-02-.01 STUDENT ORGANIZATIONS

(1) Although the primary purpose of the University is academic, voluntary associations of students are an important part of the educational process. The University has a positive responsibility to encourage such associations as a means by which students can develop full civic and social awareness. In doing so it neither endorses nor disclaims any particular idea, system of thought or point of view. The ultimate testing place for all of these is not in any one office or council, but in the minds of responsible citizenry.

(2) When groups of students wish to have a continuous association causing them to congregate for activities on the campus, requiring from time to time the use of University facilities, and holding themselves out to the general public as a group centered on the campus, it is proper that they be registered by the University. All registered associations shall be accorded the same privileges and bound by the same obligations. Registration by the University does not constitute endorsement of the purposes or activities of an association by the faculty, administration or student body.

History

• Authority: Public Acts of Tennessee, 1839-1840, chapter 98, Section 5 and Public Acts of Tennessee, 1807, chapter 64.
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Repeal and new rule filed August 22, 1980; effective December 1, 1980. Repeal and new rule filed May 27, 1986; effective August 12, 1986.

Tenn. Comp. R. & Regs. 1720-05-02-.02 TYPES OF REGISTERED STUDENT ORGANIZATIONS

With the exception of social fraternities and sororities whose relationship with the institution requires a more detailed and exacting peer and administrative review, any group of students may seek to register as either a Continuing or Temporary Registered Student Organization.

History

• Authority: Public Acts of Tennessee, 1839-1840, chapter 98, Section 5 and Public Acts of Tennessee, 1807, chapter 64.
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Repeal and new rule filed August 22, 1980; effective December 1, 1980. Repeal and new rule filed May 27, 1986; effective August 12, 1986.

Tenn. Comp. R. & Regs. 1720-05-02-.03 CONTINUING REGISTERED STUDENT ORGANIZATIONS

Any group of at least 10 students meeting the requirements contained herein whose purpose for existing is presumed to endure beyond a given academic semester is considered a Continuing Registered Student Organization.

History

• Authority: Public Acts of Tennessee, 1839-1840, chapter 98, Section 5 and Public Acts of Tennessee, 1807, chapter 64.
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Repeal and new rule filed August 22, 1980; effective December 1, 1980. Repeal and new rule filed May 27, 1986; effective August 12, 1986. Amendment filed January 13, 1999; effective May 31, 1999.

Tenn. Comp. R. & Regs. 1720-05-02-.04 TEMPORARY REGISTERED STUDENT ORGANIZATIONS

Any group of at least 10 students meeting the requirements contained herein whose purpose for existing is presumed to be less than 90 days is considered to be a Temporary Registered Student Organization.

History

• Authority: Public Acts of Tennessee, 1839-1840, chapter 98, Section 5 and Public Acts of Tennessee, 1807, chapter 64.
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Repeal and new rule filed August 22, 1980; effective December 1, 1980. Repeal and new rule filed May 27, 1986; effective August 12, 1986.

Tenn. Comp. R. & Regs. 1720-05-02-.05 REGISTRATION PROCESS

(1) Any student group may apply for registration by submitting a petition form provided by the Office of Student Affairs and a typewritten copy of the proposed Constitution, signed by the promoting students and the proposed adviser, to the Dean of Students prior to the last two weeks of the academic semester. Up to three meetings are allowed for organizational purposes. All local Constitutions must contain the following information:

(a) The name of the organization;

(b) A statement of the organization’s purpose;

(c) Membership eligibility requirements;

(d) Officers listed by title and function;

(e) A statement of the term of officers and the time and method of selection;

(f) A statement that the president will submit to the Office of Student Affairs an updated list of officers within two weeks of their election and will comply with requests to provide a brief report on their year’s activity;

(g) Frequency of meetings;

(h) A statement of any dues, including amount and frequency of collection;

(i) Provision for faculty adviser(s);

(j) A statement that the organization will not discriminate against any person for reasons which are illegal;

(k) Provision for disposition of funds upon dissolution of the organization.

(2) Recommendations for approval are forwarded to the University Council for action and then to the Chancellor for approval.

History

• Authority: Public Acts of Tennessee, 1839-1840, chapter 98, Section 5 and Public Acts of Tennessee, 1807, chapter 64.
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Repeal and new rule filed August 22, 1980; effective December 1, 1980. Repeal and new rule filed May 27, 1986; effective August 12, 1986. Amendment filed January 13, 1999; effective May 31, 1999.

Tenn. Comp. R. & Regs. 1720-05-02-.06 DENIAL OF REGISTRATION

(1) Refusal to recommend registration of a student organization must be based on one or more of the following grounds:

(a) If the statement of purpose or the proposal activities are illegal under local, state or federal laws or does not conform with written University regulations.

(b) If the organization would, in the opinion of the University Council or Chancellor, constitute clear and present danger of the continued or proper functioning of the University.

History

• Authority: Public Acts of Tennessee, 1839-1840, chapter 98, Section 5 and Public Acts of Tennessee, 1807, chapter 64.
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Repeal and new rule filed August 22, 1980; effective December 1, 1980. Amendment filed August 27, 1981; effective November 30, 1981. Repeal and new rule filed May 27, 1986; effective August 12, 1986.

Tenn. Comp. R. & Regs. 1720-05-02-.07 TERMS OF REGISTRATION

(1) An updated list of registered organizations is prepared each semester by the Office of Student Affairs.

Organizations must complete the Semester Information Form provided by the Office of Student Affairs in order to be included on the official list.

(2) A student organization may be removed from the list of registered organizations by the Office of Student Affairs if.

(a) The organization does not show a reasonable amount of activity in promoting the ends and purposes specified in its constitution, as evidenced by membership meetings and other activities.

(b) The organization violated University regulations, including those governing student organizations, or local, state and federal laws.

History

• Authority: Public Acts of Tennessee, 1839-1840, chapter 98, Section 5 and Public Acts of Tennessee, 1807, chapter 64.
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Repeal and new rule filed August 22, 1980; effective December 1, 1980. Repeal and new rule filed May 27, 1986; effective August 12, 1986. Amendment filed January 13, 1999; effective May 31, 1999

Tenn. Comp. R. & Regs. 1720-05-02-.08 HAZING

Student organizations are prohibited from engaging in hazing activities.

History

• Authority: T.C.A. §49-7-123 and Public Acts of Tennessee, 1839-1840, chapter 98, Section 5 and Public Acts of Tennessee, 1807, chapter 64.
• Administrative History: Original rule filed June 18, 1996; effective October 28, 1996.

Tenn. Comp. R. & Regs. 1720-05-02-.09 AFFILIATIONS

(1) Registered student organizations may be affiliated with an organization off the campus, where such affiliation is:

(a) Clearly indicated by the title of the organization or its constitution.

(b) Consistent with the purposes set forth in the constitution.

(c) Not such as to change significantly the nature of the organization as an association of students with primary interest on campus.

History

• Authority: Public Acts of Tennessee, 1839-1840, chapter 98, Section 5 and Public Acts of Tennessee, 1807, chapter 64.
• Administrative History: Original rule filed August 22, 1980; effective December 1, 1980. Amendment filed August 27, 1981; effective November 30, 1981. Repeal and new rule filed May 27, 1986; effective August 12, 1986. (Formerly 1720-5-2-.08)

Tenn. Comp. R. & Regs. 1720-05-02-.10 DISCIPLINARY ACTIONS AND PENALTIES

Student organizations should respect the rights of all members of the University community. The following categories of conduct subject organizations to disciplinary action by University officials ranging from disciplinary warnings up through withdrawal of charters:

Hazing, disorderly conduct, interference with activities of the University, other organizations or individuals; poor academic performance or social misconduct and improper discrimination.

History

• Authority: Public Acts of Tennessee, 1839-1840, chapter 98, Section 5 and Public Acts of Tennessee, 1807, chapter 64.
• Administrative History: Original rule filed August 22, 1980; effective December 1, 1980. Repeal and new rule filed May 27, 1986; effective August 12, 1986. (Formerly 1720-5-2-.09) Amendment filed January 13, 1999; effective May 31, 1999.

Tenn. Comp. R. & Regs. 1720-05-02-.11 ALCOHOLIC BEVERAGES

University policy prohibits any student organization from serving or permitting the consumption, possession or display of any alcoholic beverage or containers at any time, or by anyone on University premises. Student organization officers are responsible for refusing admission to their social gatherings of persons under the influence of alcoholic beverages. Student organizations sponsoring any social affairs are responsible for its general decorum.

History

• Authority: Public Acts of Tennessee, 1839-1840, chapter 98, Section 5 and Public Acts of Tennessee, 1807, chapter 64.
• Administrative History: Original rule filed August 22, 1980; effective December 1, 1980. Repeal and new rule filed May 27, 1986; effective August 12, 1986. (Formerly 1720-5-2-.10)

Tenn. Comp. R. & Regs. 1720-05-02-.12 MISCELLANEOUS

Additional clarification of policies and procedures and sample constitutions may be obtained in the Office of Student Affairs. Staff members will work with officials of student organizations to help them organize, plan training programs for officers and resolve problems which may arise.

History

• Authority: Public Acts of Tennessee, 1839-1840, chapter 98, Section 5 and Public Acts of Tennessee, 1807, chapter 64.
• Administrative History: Original rule filed August 22, 1980; effective December 1, 1980. Amendment filed August 27, 1981; effective November 30, 1981. Amendment filed July 29, 1983; effective October 14, 1983. Repeal and new rule filed May 27, 1986; effective August 12, 1986. (Formerly 1720-5-2-.12) Amendment filed January 13, 1999; effective May 31, 1999.

Chapter 1720-05-03 Publications

Tenn. Comp. R. & Regs. 1720-05-03-.01 PUBLICATIONS

(1) The Publications Committee approves all student publications funded all or in part by Universitycollected funds; establishes policies governing student publications; and appoints editorial staffs of the campus newspaper and yearbook, nominates their faculty advisers, and recommends the publications budgets. It is the committee's responsibility to see that the campus newspaper and yearbook meet standards of objectivity and taste consistent with the committee's own Code of Ethics and Policy Guide. The committee has the authority to reprimand or replace staff.

History

• Authority: Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5 and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Amendment filed August 22, 1980; effective December 1, 1980. Repeal and new rule filed May 27, 1986; effective August 12, 1986. -- 1 of 1 --

Chapter 1720-05-04 Repealed

Tenn. Comp. R. & Regs. 1720-05-04-.01 REPEALED

History

• Authority: T.C.A. § 49-9-209(e) and Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Amendment filed August 22, 1980; effective December 1, 1980. Repeal and new rule filed May 27, 1986; effective August 12, 1986. Repeal and new rule filed November 10, 2005; effective March 30, 2006. Repeal filed September 16, 2016; effective August 1, 2017.

Tenn. Comp. R. & Regs. 1720-05-04-.11 REPEALED

History

• Authority: T.C.A. § 49-9-209(e) and Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed May 27, 1986; effective August 12, 1986. Amendment filed January 13, 1999; effective May 31, 1999. Repeal filed November 10, 2005; effective March 30, 2006. Repeal filed September 16, 2016; effective August 1, 2017.

Tenn. Comp. R. & Regs. 1720-05-04-.02 REPEALED

History

• Authority: T.C.A. § 49-9-209(e) and Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed May 27, 1986; effective August 12, 1986. Amendment filed January 13, 1999; effective May 31, 1999. Repeal and new rule filed November 10, 2005; effective March 30, 2006. Repeal filed September 16, 2016; effective August 1, 2017.

Tenn. Comp. R. & Regs. 1720-05-04-.03 REPEALED

History

• Authority: T.C.A. § 49-9-209(e) and Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed May 27, 1986; effective August 12, 1986. Repeal and new rule filed November 10, 2005; effective March 30, 2006. Repeal filed September 16, 2016; effective August 1, 2017.

Tenn. Comp. R. & Regs. 1720-05-04-.04 REPEALED

History

• Authority: T.C.A. § 49-9-209(e) and Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed May 27, 1986; effective August 12, 1986. Amendment filed January 13, 1999; effective May 31, 1999. Repeal and new rule filed November 10, 2005; effective March 30, 2006. Repeal filed September 16, 2016; effective August 1, 2017.

Tenn. Comp. R. & Regs. 1720-05-04-.05 REPEALED

History

• Authority: T.C.A. § 49-9-209(e) and Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed May 27, 1986; effective August 12, 1986. Repeal and new rule filed November 10, 2005; effective March 30, 2006. Repeal filed September 16, 2016; effective August 1, 2017.

Tenn. Comp. R. & Regs. 1720-05-04-.06 REPEALED

History

• Authority: T.C.A. § 49-9-209(e) and Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed May 27, 1986; effective August 12, 1986. Amendment filed January 13, 1999; effective May 31, 1999. Repeal and new rule filed November 10, 2005; effective March 30, 2006. Repeal filed September 16, 2016; effective August 1, 2017.

Tenn. Comp. R. & Regs. 1720-05-04-.07 REPEALED

History

• Authority: T.C.A. § 49-9-209(e) and Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed May 27, 1986; effective August 12, 1986. Amendment filed January 13, 1999; effective May 31, 1999. Repeal and new rule file November 10, 2005; effective March 30, 2006. Repeal filed September 16, 2016; effective August 1, 2017.

Tenn. Comp. R. & Regs. 1720-05-04-.08 REPEALED

History

• Authority: T.C.A. § 49-9-209(e) and Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed May 27, 1986; effective August 12, 1986. Amendment filed January 13, 1999; effective May 31, 1999. Repeal and new rule filed November 10, 2005; effective March 30, 2006. Repeal filed September 16, 2016; effective August 1, 2017.

Tenn. Comp. R. & Regs. 1720-05-04-.09 REPEALED

History

• Authority: T.C.A. § 49-9-209(e) and Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed May 27, 1986; effective August 12, 1986. Amendment filed January 13, 1999; effective May 31, 1999. Repeal and new rule filed November 10, 2005; effective March 30, 2006. Repeal filed September 16, 2016; effective August 1, 2017.

Tenn. Comp. R. & Regs. 1720-05-04-.10 REPEALED

History

• Authority: T.C.A. § 49-9-209(e) and Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed May 27, 1986; effective August 12, 1986. Repeal and new rule filed November 10, 2005; effective March 30, 2006. Repeal filed September 16, 2016; effective August 1, 2017.

Chapter 1720-05-05 Library Fines

Tenn. Comp. R. & Regs. 1720-05-05-.01 LIBRARY FINES

(1) Books borrowed from the library’s regular collections are subject to a maximum overdue fine of 25 cents per day after a grace period of 7 days, up to the price of the book. For lost books, borrowers are assessed the current cost of replacement for each book plus a maximum processing fee of $10.00 per book. This procedure also applies to audiovisual materials. Government documents have a restricted loan period of one day, a maximum processing charge of $3.00, plus the replacement cost.

(2) Reserve books and unbound periodicals are subject to an overdue fine of 50 cents for the first hour, 25 cents for each additional hour to a maximum of the cost of the item.

(3) If fines for overdue books and charges for lost books are not paid as required, the borrowers will not be permitted to check out materials and will not be permitted by the business ofice and registrar to register or receive course credits and transcripts until the outstanding obligations are fully cleared.

History

• Authority: Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5 and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Repeal and new rule filed May 27, 1986. -- 1 of 1 --

Chapter 1720-05-06 Traffic and Parking Regulations

Tenn. Comp. R. & Regs. 1720-05-06-.01 GENERAL

(1) These regulations are established by the University of Tennessee at Martin (“UTM”) Parking

Authority, appointed by the University administration as directed by resolution of the University of Tennessee Board of Trustees on June 20, 1968. They are applicable to all UTM students, faculty, staff, and visitors on the UTM campus. Any persons operating vehicles on the UTM campus are subject to and required to comply with these traffic and parking regulations.

Students, faculty, and staff are required to obey these traffic and parking regulations as a condition of their attendance/employment at UTM.

(2) The purposes of these regulations are to facilitate the safe and orderly conduct of UTM business and to provide parking facilities in support of this function within the limits of available space.

(3) The UTM Department of Public Safety is responsible for implementation and enforcement of these regulations.

(4) A vehicle may be considered abandoned when the vehicle is left unattended on UTM property or on a city street adjacent to UTM property for more than seventy-two (72) consecutive hours or when other circumstances exist that indicate to UTM, in its discretion, that the vehicle has been abandoned. Under such circumstances, the UTM Department of Public Safety will place a warning sticker on the vehicle and if the vehicle is not moved within twenty-four (24) hours after such notice is given, UTM may remove the vehicle to an area of UTM’s choosing at the vehicle owner’s expense.

(5) All persons with a UTM vehicle registration decal are requested to remove such decal before disposing of the vehicle. Wherever used in this rule, “vehicle registration decal” means a decal issued by UTM that has not expired and, when properly displayed on a vehicle, authorizes a vehicle to be parked in certain designated parking spaces on UTM property.

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 rule filed May 27, 1986; effective August 12, 1986. Amendment filed October 31, 1990; effective January 29, 1991. Amendment filed January 13, 1999; effective May 31, 1999. Amendment filed January 21, 2004; effective May 28, 2004. Amendment filed January 5, 2007; effective May 31, 2007. Amendment filed November 17, 2008; effective March 30, 2009. Amendments filed June 2, 2009; effective October 28, 2009. Repeal and new rule filed September 25, 2013; effective February 28, 2014. Repeal and new rules filed August 9, 2018; effective November 7, 2018.

Tenn. Comp. R. & Regs. 1720-05-06-.02 REGISTRATION OF VEHICLES

(1) All vehicles operated by faculty, staff and students in connection with their employment or attendance at UTM must be registered with the UTM Department of Public Safety. This includes, but is not limited to, residents of Grove and University Courts Apartments who use UTM parking lots. For purposes of these regulations, a vehicle is operated by a faculty member, staff member, or student if the vehicle is being used to transport the faculty member, staff member, or student to/from the UTM campus.

(2) Persons not affiliated with UTM who have a need to regularly park on the UTM campus may be issued special vehicle registration decals as needed. Those persons may park in parking spaces for the time identified or designated by the special parking permit.

(3) Vehicle registration decals are issued at the time of student registration and must be properly displayed.

(4) Faculty and staff vehicle registration decals and collection of associated fees will be conducted prior to the beginning of each Fall semester and will be valid for the entire academic year. Vehicle registration will not be completed until the previous year’s citations have been cleared. New employees will be required to pay the vehicle registration fee at the time of their employment to obtain a vehicle registration decal.

(5) Student vehicle registration and collection of associated fees must be renewed at, or prior to, the beginning of each Fall semester and will be valid for the entire academic year.

(6) Student vehicle registrations must be completed prior to the first day of classes. If a student enrolls after the first day of classes, then the student must complete his/her vehicle registration within two (2) business days of enrollment. If a student begins using a vehicle on campus subsequent to the date of his/her enrollment, then the student must complete his/her vehicle registration within two (2) business days of first using the vehicle on campus.

(7) Generally, a student vehicle can only be registered in one (1) classification: commuter or noncommuter. However, students who meet certain requirements may register vehicles as staff.

To register as a staff member the student must teach eight (8) semester hours or have a forty (40) hour work week specified on appointment papers. The registration of student vehicles as staff members will be by agreement between the appropriate department chairman or dean and the UTM Department of Public Safety.

(8) UTM students, faculty, or staff with permanent disabilities and who possess a disability plate or placard issued by the State of Tennessee will be issued a vehicle registration decal at no charge. Students, faculty, or staff with temporary disabilities may apply for a temporary parking permit by submitting a written statement from a doctor to the UTM Department of Public Safety.

(9) The registrant is responsible for his/her registered vehicle and all parking violation citations relating to the parking of the registered vehicle. If the person operating the registered vehicle is other than the registrant when a parking violation is committed, both the operator and the registrant may be cited for the parking violation. However, UTM will not collect multiple fines for a single violation.

(10) The registrant is responsible for his/her UTM parking permit and all violation citations relating to the use of the registrant's parking permit, and is prohibited from sharing or otherwise permitting the parking permit to be used by other persons. If the person using a UTM parking permit when a violation is committed is other than the registrant to whom the parking permit was issued, both the person who committed the violation and the registrant may be cited.

However, UTM will not collect multiple fines for a single violation.

(11) The owner of an unregistered vehicle is responsible for the unregistered vehicle and all parking violation citations relating to the parking of the vehicle. If the person operating an unregistered vehicle is other than the owner of the vehicle when a parking violation is committed, both the operator and the owner may be cited for the parking violation. However, UTM will not collect multiple fines for a single violation.

(12) Expired vehicle registration decals must be removed so that only the current vehicle registration decals are displayed.

(13) Only one (1) vehicle registration decal may be purchased by each staff/faculty member or student, unless it is a replacement vehicle registration decal. The vehicle registration decal may be transferred to another vehicle either permanently or temporarily.

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 rule filed May 27, 1986; effective August 12, 1986. Amendment filed January 5, 2007; effective May 31, 2007. Amendment filed June 2, 2009; effective October 28, 2009. Repeal and new rule filed September 25, 2013; effective February 28, 2014. Repeal and new rules filed August 9, 2018; effective November 7, 2018.

Tenn. Comp. R. & Regs. 1720-05-06-.03 PARKING

(1) Staff parking areas are designated for all academic buildings on UTM property. Students shall not park in staff parking areas between 8:00 a.m. and 3:00 p.m. Monday through Friday or at other times designated by the UTM Department of Public Safety.

(2) Student parking areas are designated by letter, e.g., C-Commuting students, N-Noncommuting students. Student’s vehicles may be parked only in lots designated on the student’s vehicle registration decal and only during the hours provided on parking lot signage or at other times designated by the UTM Department of Public Safety.

(3) 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. Vehicles parked outside of marked spaces are subject to being issued a citation and/or towed/booted (4) Vehicles with disability plates or placards may park in any parking space on campus.

Vehicles with UTM temporary parking permits for persons with temporary disabilities may park in any parking space on campus except for permanently designated disability parking spaces.

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 rule filed May 27, 1986; effective August 12, 1986. Amendment filed January 5, 2007; effective May 31, 2007. Repeal and new rule filed September 25, 2013; effective February 28, 2014. Repeal and new rules filed August 9, 2018; effective November 7, 2018.

Tenn. Comp. R. & Regs. 1720-05-06-.04 VEHICLE OPERATION

(1) All persons operating vehicles on UTM property or in the campus area, which includes city streets adjacent to UTM 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 limit on campus streets is 15 mph and 30 mph on the city streets, unless otherwise posted. However, 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 and directions of police officers must be obeyed.

(5) All persons operating vehicles are responsible for maintaining control of the vehicle, safe operation, and observance of traffic control signs, barriers and devices.

(6) Operating or parking a vehicle in any area other than a street, roadway, or parking lot intended for vehicles is prohibited. Special parking exceptions must receive prior approval by the UTM Department of Public Safety.

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 rule filed May 27, 1986; effective August 12, 1986. Amendment filed January 5, 2007; effective May 31, 2007. Amendment filed November 17, 2008; effective March 30, 2009. Amendment filed June 2, 2009; effective October 28, 2009. Repeal and new rule filed September 25, 2013; effective February 28, 2014. Repeal and new rules filed August 9, 2018; effective November 7, 2018.

Tenn. Comp. R. & Regs. 1720-05-06-.05 TYPES OF VIOLATIONS

Violations of this regulation shall include, but are not limited to, the following:

(1) Registration.

(a) Vehicles not registered.

(b) Vehicle registration decals not properly affixed to vehicle.

(c) Unauthorized possession of vehicle registration decals.

(d) Falsification of registration information.

(e) Illegal use, reproduction, or alteration of a vehicle registration decal or of a temporary parking permit.

(2) Parking.

(a) In no parking areas, loading zones, or on grass.

(b) In unauthorized areas.

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

(d) In areas where curb is painted yellow or red or in areas not marked as a parking area with painted white lines.

(e) Vehicles parked in such a manner as to prohibit the emptying of trash dumpsters will be towed/booted away at the owner’s expense.

(f) Disability parking violation, as defined by state law (e.g., an unauthorized use of a disabled parking space, ramp, plate, or placard; parking a vehicle so that a portion of the vehicle encroaches into a disabled parking space in a manner which restricts, or reasonably could restrict, a person confined to a wheelchair from exiting or entering a vehicle properly parked within the disabled parking space).

(g) Each calendar day constitutes a separate offense for a vehicle parked in the same location in violation of these regulations.

(3) Moving.

(a) Exceeding posted speed limit.

(b) Excessive speed for existing conditions.

(c) Failure to obey traffic control sign or signal.

(d) Failure to obey police officer.

(e) Operating vehicle without valid operator’s license.

(f) Driving off of roadway or street.

(g) Reckless driving and/or racing.

(h) Failure to yield right-of-way at pedestrian crossing.

(i) Leaving scene of accident.

(j) Failure to signal turn or stop.

(k) Following too closely.

(l) Operating mechanically unsafe vehicle.

(m) Driving while under the influence of alcohol or narcotics.

(n) Operating vehicle causing loud or unnecessary noise, such as loud mufflers, horns, P.A. systems, etc.

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 rule filed May 27, 1986; effective August 12, 1986. Amendment filed November 21, 1989; effective February 28, 1990. Amendment filed June 5, 1991; effective September 28, 1991. Amendment filed January 13, 1999; effective May 31, 1999. Amendment filed January 21, 2004; effective May 28, 2004. Amendment filed January 5, 2007; effective May 31, 2007. Amendment filed October 30, 2007; effective February 28, 2008. Amendments filed November 17, 2008; effective March 30, 2009. Amendments filed November 17, 2008; effective March 30, 2009. Amendments filed June 2, 2009; effective October 28, 2009. Amendments filed April 12, 2012; effective September 28, 2012. Repeal and new rule filed September 25, 2013; effective February 28, 2014. Repeal and new rules filed August 9, 2018; effective November 7, 2018.

Tenn. Comp. R. & Regs. 1720-05-06-.06 PENALTIES

(1) Fines and Other Penalties.

(a) The fine for registration or parking violations is twenty-five dollars ($25), except for the following violations:

1. Vehicle registration decal not properly affixed to a vehicle – twenty dollars ($20);

2. Parking in a no parking area or a loading zone – thirty dollars ($30);

3. Parking in such a manner as to block or obstruct traffic, a street, a driveway, a fire hydrant, a building entrance or exit, or another vehicle – thirty dollars ($30) (the fine is twenty-five dollars ($25) for blocking a sidewalk or building entrance or exit);

4. Parking in an area where curb is painted red – forty dollars ($40);

5. Parking in an area that is not marked as a parking area with painted white lines – twenty dollars ($20);

6. Parking in such a manner as to prohibit the emptying of trash dumpsters – thirty dollars ($30) and the vehicle will be towed/booted;

7. The fine for a disability parking violation is set by State law, Tennessee Code Annotated section 55-21-108. As of July 1, 2008, the fine was set at two hundred dollars ($200). The fine imposed under these regulations will increase or decrease automatically when increased or decreased by State law. The fine shall not be suspended or waived. In addition to the fine, not more than five (5) hours of community service work may be imposed. Any community service work requirements imposed shall be to assist the disabled community by monitoring disabled parking spaces, providing assistance to disability centers or to disabled veterans, or other such purposes; or 8. Unauthorized possession of vehicle registration decals; falsification of registration information; and/or illegal use, reproduction, or alteration of vehicle registration decals – at the discretion of UTM, up to two hundred dollars ($200) per violation and restitution to the victim; or referral to City or General Sessions Court. UTM students and employees also may be subject to discipline under other UTM policies and procedures.

(b) A person who commits a moving violation will be referred to City or General Sessions Court.

(2) Student Disciplinary Action.

(a) Students who persist in violating these regulations or commit a single violation surrounded by aggravated circumstances will be referred to the Office of Student Affairs for disciplinary action in accordance with Chapter 1720-05-01.

(b) If more than five (5) citations are issued to a student in one (1) semester, the student will be notified by a warning sticker being placed on the vehicle window that his/her vehicle is subject to being towed/booted. If, after this notification, the student receives another citation during the same semester, the student’s vehicle will be subject to towing/booting for that citation and each subsequent citation for the remainder of that semester, even if the previous citations have been satisfied by paying fines or other penalties.

(c) Any student having outstanding citations (citations which have not been paid) will not be allowed to register for further course work until all such charges have been paid, unless authorized by UTM. No transcripts or other similar information will be made available for such students.

(3) Enforcement.

(a) A citation for any type of parking violation must be paid or appealed within fourteen (14) calendar days after the issuance of the citation. Failure to pay or appeal a citation within fourteen (14) calendar days after issuance of the citation constitutes a separate violation of these regulations. If a fine is not paid or appealed within fourteen (14) calendar days after the issuance of the citation, a twenty dollar ($20.00) late charge will be added.

(b) Windshield notices and/or other methods of notification will be used to provide the owner/operator of the vehicle with: (1) advance notice of UTM’s intent to tow/boot the vehicle as a result of the vehicle receiving more than five (5) citations in one (1) semester and (2) the owner’s/operator’s right to a hearing. In the event the owner/operator does not request a hearing or prevail at the hearing, his/her vehicle will be towed/booted whenever it is next found upon UTM property parked illegally.

(c) Vehicles parked in a fire lane, designated disability parking spaces, reserved parking spaces, or in such manner as to impede the flow of traffic or disrupt the orderly affairs of UTM may be towed/booted/impounded without advance notice. Owners/operators of vehicles towed/booted/impounded for the above reasons have a right to a hearing by a UTM official that will be provided upon request prior to the payment of any towing/booting charges, fines, and penalties. If towing/booting charges, fines, or penalties are assessed after such hearing, impounded/towed/booted vehicles will be released upon proper identification and receipt of payment of all towing/booting charges, fines, and penalties.

(d) Vehicles that are towed/booted/impounded or otherwise immobilized under these traffic and parking regulations will be released only upon the owner or registrant of the vehicle providing identification and paying to UTM all previously unpaid parking fines, penalties, and towing/booting charges levied by UTM. The release of a vehicle impounded in an impound lot not owned or operated by UTM also may be subject to payment of additional fees or charges levied by the owner/operator of the impound lot.

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 rule filed May 27, 1986; effective August 12, 1986. Amendment filed January 13, 1999; effective May 31, 1999. Amendment filed January 5, 2007; effective May 31, 2007. Repeal and new rule filed September 25, 2013; effective February 28, 2014. Repeal and new rules filed August 9, 2018; effective November 7, 2018.

Tenn. Comp. R. & Regs. 1720-05-06-.07 APPEALS

(1) Citations may be appealed to the Traffic Office and then to the Traffic Appeals Board. The decisions of the Traffic Appeals Board are final. The Traffic Appeals Board, which is composed of faculty, staff and students, meets each Fall semester and each Spring semester. The Traffic Appeals Board will review and make decisions by email communication on appeals that are submitted during the summer.

(2) Parking citations appeals may be submitted online at the UTM Department of Public Safety parking website (http://www.utm.edu/departments/publicsafety/citations_appeals.php ) within fourteen (14) calendar days of the issuance of the citation. Alternately, appeals may be mailed or hand-delivered to the Traffic Office. Persons who fail to appeal a parking citation within fourteen (14) calendar days of the citation's issuance forfeit their right to appeal the citation.

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 rule filed May 27, 1986; effective August 12, 1986. Amendment filed January 5, 2007, effective May 31, 2007. Repeal and new rule filed September 25, 2013; effective February 28, 2014. Repeal and new rules filed August 9, 2018; effective November 7, 2018.

Tenn. Comp. R. & Regs. 1720-05-06-.08 PEDESTRIAN REGULATIONS

Students, faculty, staff, and visitors 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.

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 rule filed May 27, 1986; effective August 12, 1986. Amendment filed January 5, 2007; effective May 31, 2007. Amendment filed November 17, 2008; effective March 30, 2009. Repeal and new rule filed September 25, 2013; effective February 28, 2014. Repeal and new rules filed August 9, 2018; effective November 7, 2018.

Tenn. Comp. R. & Regs. 1720-05-06-.09 SPECIAL OCCASIONS AND EMERGENCIES

On special occasions, such as athletic events, concerts, and graduation exercises, and in emergencies, parking and traffic limitations may be imposed by the UTM Department of Public Safety 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 rule filed May 27, 1986; effective August 12, 1986. Amendment filed January 13, 1999; effective May 31, 1999. Amendment filed January 5, 2007; effective May 31, 2007. Repeal and new rule filed September 25, 2013; effective February 28, 2014. Repeal and new rules filed August 9, 2018; effective November 7, 2018.

Tenn. Comp. R. & Regs. 1720-05-06-.10 REPEALED

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 rule filed September 25, 2013; effective February 28, 2014. Repeal filed August 9, 2018; effective November 7, 2018.

Chapter 1720-05-07 Maintenance of Ethical and Professional Standards-Nursing

Tenn. Comp. R. & Regs. 1720-05-07-.01 INTRODUCTION

Failure to maintain the high ethical and professional standards of the nursing profession may subject a student to suspension or other appropriate remedial action by the University.

History

• Authority: Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5 and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed September 15, 1976; effective October 15, 1976. Amendment filed August 31, 1982; effective November 15, 1982. Repeal and new rule filed May 27, 1986; effective August 12, 1986.

Tenn. Comp. R. & Regs. 1720-05-07-.02 REASONS FOR SUSPENSION OR REMEDIAL ACTION

(1)A student enrolled at The University of Tennessee at Martin is subject to disciplinary action up to and including suspension for engaging in the following acts of misconduct, regardless of whether such misconduct is engaged in on or off University-owned or -controlled property.

(a)Commission of an offense classified as a felony by Tennessee's criminal statues or by Federal criminal statutes.

(b)Unlawful use, possession, or sale of drugs or narcotics, whether or not felonious.

(c)Plagiarism, falsification of records, or other act which substantially impugns the integrity of the student.

(d)Other unprofessional and unethical conduct which would bring disrepute and disgrace upon both student and the nursing profession and which would tend to substantially reduce or eliminate the student's ability to effectively practice that profession.

(2)A student applying for admission to The University of Tennessee at Martin shall also be subject to the above provisions and may be denied admission on the basis of his or her failure to maintain the aforementioned ethical and professional standards.

History

• Authority: Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5 and Public Acts of Tennessee, 1807, Chapter 64.
• Administrative History: Original rule filed May 27, 1986; effective August 12, 1986. Amendment filed August 31, 1995; effective December 31, 1995.

Chapter 1720-07-01 Student Code of Conduct

Tenn. Comp. R. & Regs. 1720-07-01-.01 INTRODUCTION

(1) Students at the University of Tennessee (the “University”) are members of both the University community and the larger community of which the University is a part. Accordingly, students are responsible for conducting themselves in a lawful manner and in compliance with University rules and policies. The University has established the Student Code of Conduct (“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 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 law-abiding citizen.

(2) The University is committed to respecting students’ constitutional rights. The Code 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.

(3) Students are responsible for being fully acquainted with and for complying with the Code, the University catalog, handbook, and other rules and policies relating to students. Failure or refusal to comply with the rules and policies established by the University may subject a student to disciplinary action up to and including expulsion from the University.

History

• Authority: T.C.A. §§ 4-5-101, et seq. and 49-9-209(e).
• Administrative History: New rules fi led August 21, 2023; effective November 19, 2023.

Tenn. Comp. R. & Regs. 1720-07-01-.02 DEFINITIONS

The following words, terms, or phrases, when used in the Code, shall have the following meanings:

(1) Business Day: Any weekday not designated by the University as a holiday or administrative closure day. When calculating a time period of business days specified in this Code, the business day of the event that triggers a time period is excluded.

(2) Complainant: An individual who may have been subjected to student conduct that violates the Standards of Conduct, regardless of whether that individual makes a complaint or report to OSC. This term does not imply pre-judgment concerning whether the Respondent violated the Standards of Conduct. OSC is the final decision maker with respect to whether an individual is a Complainant for purposes of the Code.

November, 2023 2 (3) Conduct Officer: A University employee designated by OSC to hold administrative hearings or to present information on behalf of OSC to the Student Conduct Board.

(4) Disciplinary Hold: The University hold described in Section .11(3) of these rules.

(5) Faculty Member or Instructor: A person hired by the University to conduct teaching, research, or supervised clinical placements.

(6) Good Faith: Having a belief in the truth of information that a reasonable person in the same position could have, based on the information known to the person communicating the information at the time the information was communicated by that person. Information is not communicated in good faith if it is communicated with knowing or reckless disregard for information that would negate the former information.

(7) Formal Complaint: A document filed by a Complainant (or signed by the Title IX Coordinator) alleging that a Respondent engaged in sexual harassment, sexual assault, dating violence, domestic violence, stalking, or sexual exploitation, and requesting that the University investigate the allegation. There are two (2) types of Formal Complaints: (i) Formal Complaints that include Title IX Allegations (as defined under Section .02(20)); and (ii) Formal Complaints that do not include Title IX Allegations, but do otherwise include allegations of sexual harassment, sexual assault, dating violence, domestic violence, stalking, or sexual exploitation.

(8) Member of the University Community: A person who is a student, University employee, University volunteer, invited visitor to University-controlled property, or participant in a University-affiliated activity.

(9) Notice: Written notice transmitted by United States mail, courier service, or hand delivery to the address the University’s Registrar has on file for the student; and/or by e-mail to a 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 email address is the official method of communication used by the University.

(10) OSC: Office of Student Conduct, which acts through University employees designated by the Associate Vice Chancellor of Student Affairs to act on behalf of the University in the student conduct process, including, without limitation University employees who work in OSC and University employees who work in University Housing.

(11) Possession: Direct control of a substance or property, actual knowledge of a substance or property, and/or being in such close proximity to the substance or property that it is a reasonable presumption that a person had knowledge of the substance or property.

(12) Protected Activity: A person’s good faith: (a) opposition to conduct prohibited under the Standards of Conduct; (b) report to the University about conduct prohibited under the Standards of Conduct; (c) participation (or reasonable expectation of participation) in any manner in an investigation, meeting, hearing, or interim measure; or (d) exercise of rights or responsibilities under any provision of the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act.

(13) Respondent: A student or student organization who has been accused of violating the Standards of Conduct and/or whose conduct is being investigated by OSC.

(14) SCB: Student Conduct Board.

November, 2023 3 (15) Sexual Harassment: Conduct on the basis of sex that satisfies one (1) or more of the following:

(a) an employee of the University conditioning the provision of an aid, benefit, or service of the University 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 the University’s education program or activity; or (c) sexual assault, dating violence, domestic violence, or stalking.

(16) Staff Member: A person employed by the University on a part- or full-time basis, primarily involved in planning, organizing, staffing, directing and/or controlling efforts to achieve the goals and objectives of the University.

(17) Standards of Conduct: Rule 1720-07-01-.04.

(18) Student: For purposes of the Code, the term “student” means:

(a) A person enrolled or registered for study at the University, either full-time or part-time, pursuing undergraduate, graduate, or professional studies, as well as non-degree and non-credit programs and courses;

(b) A student organization;

(c) A person who has completed the immediately preceding Fall or Spring academic term and is eligible for re-enrollment;

(d) A person who is not officially enrolled but who has a continuing relationship with the University (e.g., on educational leave or other approved leave status);

(e) A person who attended the University during a previous academic term and who engaged in misconduct during the time of enrollment; and/or (f) A person who has been admitted to the University and later matriculates at the University, with respect to misconduct:

1. That occurs as part of the application process; or 2. That occurs post-admission and pre-matriculation and falls within the jurisdiction of the Code (e.g., occurs on University-controlled property).

(19) Student Organization: An organization composed of University students that has submitted a pending application or has completed the process for registration according to University rules.

(20) Title IX Allegations: Allegations within a Formal Complaint that a Respondent’s conduct constitutes Sexual Harassment (as defined under Section .02(15)) in the University’s education program or activity and occurred within the United States, as defined in federal regulations, 34 C.F.R. 106.30(a).

(21) Title IX Hearing Officer: As more fully described in Section .09(2), a person or persons appointed to conduct a Title IX Hearing.

(22) UAPA: Uniform Administrative Procedures Act, T.C.A. §§ 4-5-101 et seq.

(23) University: The University of Tennessee (Southern), including without limitation its campuses, centers, institutes, and constituent parts.

(24) University-Affiliated Activity: An activity on or off University-controlled property that is initiated, aided, authorized, sponsored, or supervised by the University.

November, 2023 4 (25) University-Controlled Property: All land, grounds, structures, or any other property owned, controlled, or operated by the University. For purposes of this Code, University-controlled property includes, without limitation, all streets, alleys, sidewalks, and public ways abutting such property. University-controlled property also includes computers and network systems owned, controlled, or operated by the University or funded by the University.

(26) University Official: An employee of the University, including, without limitation, faculty members and staff members, or, for purposes of this Code, a University-recognized volunteer, when acting in the performance of their duties. Student employees may be considered University officials when acting in the performance of their University duties.

(27) Weapon: Any device, instrument, or substance that is designed to, or reasonably could be expected to, inflict a wound, incapacitate, or cause serious bodily injury or death, including, without limitation, firearms (loaded and unloaded, real firearms and devices that would reasonably appear to a law enforcement officer to be real firearms), ammunition, electronic control devices (including but not limited to tasers and stun guns), devices designed to discharge an object (including but not limited to bb guns, air guns, pellet guns, potato guns, and slingshots, but not water guns), explosives, dangerous chemicals (including but not limited to 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 pocket knives 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, Universityrelated instruction, or University employment-related duties.

(28) Written: To communicate words on paper or electronically. A notice delivered via e-mail constitutes a written notice under this rule.

History

• Authority: T.C.A. §§ 4-5-101, et seq. and 49-9-209(e).
• Administrative History: New rules filed August 21, 2023; effective November 19, 2023.

Tenn. Comp. R. & Regs. 1720-07-01-.03 JURISDICTION

(1) Jurisdiction. The Code applies to the conduct of a student that occurs on University-controlled property. With respect to conduct that does not occur on University-controlled property, the University has the discretion to discipline a student for conduct in violation of the Code if the student's conduct adversely affects the interests of the University, including, without limitation, when the conduct:

(a) Occurs during or in connection with a University-affiliated activity, including, without limitation, an overseas study program, clinical or field placement, internship, or in-service experience;

(b) Consists of academic dishonesty or research misconduct;

(c) Is prohibited by local, state, or federal law;

(d) Involves another member of the University community; or (e) Threatens, or indicates that the student may pose a threat to, the health or safety of the student or other person, or the security of any person's property, including, without limitation, alcohol-related misconduct, drug-related misconduct, arson, battery, fraud, hazing, sexual assault or misconduct, stalking, or theft.

November, 2023 5 (2) Relation to Criminal and Civil Legal Proceedings. The Code has been adopted in furtherance of the University’s interests and serves to supplement, rather than substitute for, the enforcement of the civil and criminal law. Accordingly, University disciplinary action may be instituted against a student charged with conduct that potentially violates both the criminal law and the Standards of Conduct without regard to the pendency of criminal charges or civil litigation. At the discretion of the Associate Vice Chancellor of Student Affairs, disciplinary action relating to a violation of the Standards of Conduct may be carried out prior to, simultaneously with, or following criminal proceedings. Students accused of violating the Standards of Conduct may not challenge the University disciplinary proceedings on the grounds that criminal charges, civil litigation, or other University proceedings regarding the same incident are pending or have been terminated, dismissed, reduced, or not yet adjudicated.

(3) Responsibility for Conduct. Each student shall be responsible for his/her conduct from the time of application for admission 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 of actual enrollment (and even if his/her conduct is not discovered until after a degree is awarded). Should a student withdraw from the University with disciplinary charges pending, a disciplinary hold may be implemented or remain in place, and the student’s academic record and/or ability to register for classes may be encumbered by the appropriate University office.

(4) Professional and Ethical Standards. Graduate or professional programs within the University may take separate and independent academic action against students for alleged violations of professional and/or ethical standards using procedures other than those contained in the Code.

(5) Student Organizations’ Responsibility for Violations of the Standards of Conduct.

Notwithstanding anything in the Code to the contrary, a student organization may be found responsible for conduct that violates the Standards of Conduct only if the conduct is fairly attributable to the student organization. Whether conduct is fairly attributable to the student organization will be determined by OSC based on a totality of the following criteria:

(a) Whether the misconduct was endorsed by one (1) or more officers of the student organization (“endorsed by” means: having prior knowledge that the misconduct was reasonably likely to occur and failing to take reasonable preventative or corrective action; failing to attempt to stop known misconduct while it is occurring; and/or helping to plan, promote, or carry out the misconduct);

(b) Whether the misconduct occurred in connection with an activity:

1. Financed by the student organization and/or one (1) or more members or alumni of the student organization who contributed personal funds in lieu of organizational funds;

2. Related to initiation into, admission into, affiliation with, or as a condition for continued membership in the student organization; and/or 3. Advertised, promoted, or publicized in such a way that a reasonable student viewing or hearing the advertisement, promotion, or publication would believe that the activity was affiliated with the student organization.

(c) Whether the misconduct occurred on property owned, controlled, rented, leased, and/or used by the student organization and/or any of its members/alumni acting on the student organization’s behalf; and/or November, 2023 6 (d) Whether a member of the student organization attempted to conceal the activity connected with the misconduct or conceal the misconduct of another member of the student organization.

History

• Authority: T.C.A. §§ 4-5-101, et seq. and 49-9-209(e).
• Administrative History: New rules filed August 21, 2023; effective November 19, 2023.

Tenn. Comp. R. & Regs. 1720-07-01-.04 STANDARDS OF CONDUCT

Students are prohibited from engaging in the following types of misconduct:

(1) Academic Dishonesty. Cheating, plagiarism, or any other act of academic dishonesty, including, without limitation, an act in violation of the Honor Code.

(2) False Information. Providing false information to a University official.

(3) Misuse of Information in Connection with University Investigation or Hearing. Falsifying, distorting, misrepresenting, or withholding information in connection with a University investigation or hearing.

(4) Misconduct Relating to Records or Identification. Forging, altering, destroying, falsifying, or misusing records or identification, whether in print or electronic form.

(5) 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 their health or safety; 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.

(6) Harassment. Unwelcome conduct that is so severe, pervasive, and objectively offensive, that it substantially interferes with the ability of a person to work, learn, live, or participate in or benefit from the services, activities, or privileges provided by the University. In no event shall this rule be construed to discipline a student for speech protected by the First Amendment to the United States Constitution (e.g., mere insulting or offensive speech).

(7) Sexual Harassment, Sexual Assault, Dating Violence, Domestic Violence, Stalking, Sexual Exploitation, and/or Retaliation. Violating the University’s Policy on Sexual Harassment, Sexual Assault, Dating and Domestic Violence, and Stalking, which includes sexual exploitation and retaliation.

(8) Invasion of Privacy. Invasion of another person’s privacy when that person has a reasonable expectation of privacy, including, without limitation, using electronic or other means to make a video or photographic record of any person in a location in which the person has a reasonable expectation of privacy, without the person’s knowledge or consent. This includes, but is not limited to, making a video or photographic record of a person in shower/locker rooms or restrooms. The storing, sharing, and/or distributing of such nonconsensual recordings by any means is also prohibited.

(9) Private or Public Property. Any of the following conduct with respect to private or public property, including, without limitation, University-controlled property: theft; misappropriation; unauthorized possession, use, sale, duplication, or entry; vandalism; destruction; damage; or conduct that is reasonably likely to cause damage.

(10) Hazing. Any intentional or reckless act, on or off University-controlled property, by one (1) student, acting alone or with others, which is directed against any other student, which endangers the mental or physical health, safety, or welfare of that student, or which induces or coerces a student to endanger his or her mental or physical health, safety, or welfare. Hazing November, 2023 7 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, regardless of the student’s willingness to participate.

(11) Disorderly Conduct. Fighting or other physically violent or physically threatening conduct; creating a hazardous or physically offensive condition by any act that serves no legitimate

purpose; making noise that could unreasonably disturb others who are carrying on lawful activities; or conduct that breaches the peace.

(12) Lewd, Indecent, or Obscene Conduct. Engaging in lewd, indecent, or obscene conduct, including, without limitation, public exposure of one’s sexual organs, public urinating, and public sexual acts.

(13) Imminent Lawless Action. Engaging in speech, whether orally, in writing, or by electronic means, that is directed to inciting or producing imminent lawless action and is likely to incite or produce such action.

(14) Fire Safety. Any act of arson; falsely reporting a fire, the presence of an explosive or incendiary device, or other emergency; setting off a false fire alarm; or tampering with, removing, or damaging fire alarms, fire extinguishers or any other safety or emergency equipment from its proper location except when removed in a situation in which there is a reasonable belief of the need for such equipment.

(15) University Keys, Access Cards, and Identification. Possessing, using, or duplicating University keys, University access cards, or University identification cards without authorization from the University.

(16) Information Technology. Theft, misuse, or unauthorized use of information technology facilities, resources, or access codes, including, without limitation: unauthorized entry into or transfer of a file; using another person’s identification and/or password without that person’s consent; using information technology facilities or resources to interfere with the work of another student, faculty member, staff member, or other member of the University community; using information technology facilities or resources to interfere with normal operation of a University information technology system or network; circumventing University information technology system or network security; using information technology facilities or resources in violation of copyright laws; falsifying an e-mail header; and conduct that violates the University’s policy on the acceptable use of information technology resources.

(17) Weapons. Possessing, carrying, using, storing, or manufacturing any weapon if prohibited by federal, state, or local law; or 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 Director of Safety and Security or unless federal or state law affirmatively gives a student a right, irrespective of this Chapter, to possess or carry a weapon on University-controlled property or in connection with a University-affiliated activity.

(18) Alcohol-Related Conduct – University Property or University Activities. Consuming, manufacturing, possessing, distributing, dispensing, selling, or being under the influence of alcoholic beverages on University-controlled property or in connection with a Universityaffiliated activity unless expressly permitted by University rules or policy.

(19) Alcohol-Related Conduct Prohibited by Law. Consuming, manufacturing, possessing, distributing, dispensing, selling, or being under the influence of alcoholic beverages, if prohibited by federal, state, or local law.

(20) Providing Alcohol to Underage Person. Providing an alcoholic beverage to a person younger than twenty-one (21) years of age, unless permitted by law.

November, 2023 8 (21) Drugs and Drug Paraphernalia. Using, manufacturing, possessing, distributing, selling, dispensing, or being under the influence of drugs, if prohibited by federal, state, or local law; using, manufacturing, possessing, distributing, or selling drug paraphernalia, if prohibited by federal, state, or local law; using or possessing a prescription drug if the prescription was not issued to the student; or distributing or selling a prescription drug to a person to whom the prescription was not originally issued.

(22) Failure to Fulfill a University Financial Obligation. Failing to timely fulfill a University bill, account, or other financial obligation owed to the University.

(23) Failure to Respond, Comply, or Identify. Failing to respond to a request to report to a University administrative office; failing to comply with a lawful directive of a University employee or other public official acting within the scope of their duties; or failing to identify oneself to a University employee or other public official acting within the scope of their duties when requested to do so.

(24) Failure to Appear. 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, unless the student has a right to not appear under state or federal law.

(25) Violation of Interim Administrative Actions, Disciplinary Sanctions, or Conditions of Re- Enrollment. Violating the terms of a no-contact directive, an interim restriction (e.g., interim suspension), a disciplinary sanction, or a condition of re-enrollment imposed by the University.

(26) Obstruction or Disruption of University Activity. Obstructing or disrupting teaching, learning, studying, research, public service, administration, disciplinary proceedings, emergency services, or any other University-affiliated activity, whether the activity is in person or remote, or the free flow of pedestrian or vehicular traffic on University-controlled property. In no event shall this rule be construed to discipline a student for speech protected by the First Amendment to the United States Constitution.

(27) Violation of University Policy or Rule. Violating a University policy or rule, including, without limitation, University policies or rules relating to facilities’ use, smoking, the acceptable use of information technology resources, research misconduct, finder’s fees relating to clinical investigations involving human subjects or access to University data or materials, University libraries, dining services, parking or transportation, University identification card use, sexual harassment, residence halls, and registered student organizations.

(28) Act Prohibited by Law. Committing an act that is prohibited by federal, state, or local law.

(29) Attempted Violation; Accessory to Violation. Attempting to commit a violation of a Standard of Conduct or being an accessory to the commission of an act or attempted act in violation of a Standard of Conduct.

(30) Retaliation. Engaging in retaliation. Retaliation 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, including, without limitation, any act or omission constituting “retaliation” under the University's Policy on Sexual Harassment, Sexual Assault, Dating and Domestic Violence, and Stalking and University rules. Retaliation violates the Standards of Conduct regardless of whether the underlying allegation of a violation of the Standards of Conduct is ultimately found to have merit. Retaliation can include, without limitation: (a) an act or omission committed against a person’s family, friends, advisors, and/or other persons reasonably expected to provide information in connection with a University investigation or hearing; and (b) an act or omission committed by a student through a third party.

November, 2023 9

History

• Authority: T.C.A. §§ 4-5-101, et seq.; 49-7-123(b); and 49-9-209(e).
• Administrative History: New rules filed August 21, 2023; effective November 19, 2023.

Tenn. Comp. R. & Regs. 1720-07-01-.05 NO-CONTACT DIRECTIVES

In cases involving allegations of assault, injury, sexual abuse, harassment, or in 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 the University issue a no-contact directive to a student. However, the University retains ultimate authority to decide whether or not to issue a no-contact directive. Restrictions in a no-contact directive are not interim restrictions.

History

• Authority: T.C.A. §§ 4-5-101, et seq. and 49-9-209(e).
• Administrative History: New rules filed August 21, 2023; effective November 19, 2023.

Tenn. Comp. R. & Regs. 1720-07-01-.06 INTERIM RESTRICTIONS

(1) When the Associate Vice Chancellor of Student Affairs has reasonable cause to believe that a Respondent’s continued presence on University-controlled property or at University-affiliated activities poses a significant risk of substantial harm to the health or safety of others or to property or poses an ongoing threat to the disruption of, or interference with, the normal operations of the University, the Associate Vice Chancellor of Student Affairs may impose interim restrictions prior to the conclusion of the student conduct process. 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, University-owned housing removal and/or reassignment, and/or interim suspension.

(2) Interim restrictions shall be confirmed by written 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 shall be completed without undue delay.

(3) Within three (3) business days of the imposition of interim restrictions, the Respondent shall be offered an opportunity to appear personally before the Associate Vice Chancellor of Student Affairs in order to discuss the following issues only: (a) the reliability of the information concerning the Respondent’s conduct; and (b) whether the conduct and surrounding circumstances reasonably indicate that the Respondent’s continued presence on Universitycontrolled property or at University-affiliated activities poses a significant risk of substantial harm to the health or safety of others or to property or poses an imminent threat of disruption of or interference with the normal operations of the University.

(4) An interim suspension is an official separation of the Respondent from the University until the conclusion of the student conduct process or the interim suspension is lifted, whichever occurs first. While on interim suspension, the Respondent loses all University rights and privileges (e.g., enrollment privileges) except for the rights and privileges to contest the allegations pursuant to the Code, shall not represent the University in any official manner, and shall not be present on University-controlled property or participate in University-affiliated activities without the prior approval of the Associate Vice Chancellor of Student Affairs.

(5) When a Respondent is placed on interim suspension from the University, the Respondent may be assigned a grade of “W” or “I, ” whichever is deemed more appropriate by the faculty member involved.

November, 2023 10 (6) Notwithstanding any other provision in this Section .06, in any case in which a Formal Complaint is filed that includes Title IX Allegations, the Associate Vice Chancellor of Student Affairs may impose an interim suspension on a Respondent only after undertaking an individualized safety and risk analysis, and 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 of the Respondent. The Associate Vice Chancellor of Student Affairs will provide the Respondent notice and an opportunity for the Respondent to challenge an interim suspension or removal within three (3) business days.

History

• Authority: T.C.A. §§ 4-5-101, et seq. and 49-9-209(e).
• Administrative History: New rules filed August 21, 2023; effective November 19, 2023.

Tenn. Comp. R. & Regs. 1720-07-01-.07 STUDENT RIGHTS AND PRE-HEARING PROCEDURES

(1) Conflicts of Interest.

(a) The student conduct process must be carried out in a manner that is free from conflicts of interest or bias and is consistent with due process of law.

(b) In all cases involving allegations of sexual assault, dating violence, domestic violence, or stalking, the student conduct process must include protections for the Respondent analogous to, and no less protective than, the conflict of interest provisions of T.C.A. § 4-5-303. Notwithstanding the preceding sentence: 1. an attorney for the University is allowed to provide legal advice to multiple University employees who serve in different roles in the process of disciplining a student; and 2. the University is allowed to provide the Complainant with equivalent rights as the Respondent during the student conduct process.

(2) Burden of Proof and Standard of Proof. The Respondent has the right to the presumption that the Respondent is not responsible for the allegations of misconduct. The University bears the burden of presenting information demonstrating that the Respondent is responsible for any violations of the Standards of Conduct. The University uses the preponderance of the evidence standard when making determinations about whether a Respondent is responsible for violating a Standard of Conduct, meaning the information must demonstrate that it is more likely than not that the Respondent violated a Standard of Conduct.

(3) Right to an Advisor. The Complainant and the Respondent each may be assisted by one (1) advisor of their choice and at their own cost during all stages of the student conduct process.

The advisor may be, but is not required to be, an attorney. The role of an advisor is limited to assisting, advising, and/or supporting a Complainant or Respondent during the student conduct process, including at all meetings, investigative interviews, and hearings. An advisor is not permitted to speak for or on behalf of a Complainant or Respondent, appear in lieu of a Complainant or Respondent, participate as a witness, or participate directly in any other manner during any phase of the student conduct process, except in a Title IX Hearing. If a Complainant or Respondent does not have an advisor present at a Title IX Hearing, the University must provide one (1) (selected by the University) without fee or charge to that party.

In a Title IX Hearing, the advisor is permitted to speak on behalf of a Complainant or Respondent for the purposes of asking questions of the other party and witnesses in accordance with Section .09(5)(f) of this Chapter.

(4) Allegations of Sexual Harassment, Sexual Assault, Dating Violence, Domestic Violence, Stalking, or Sexual Exploitation. In cases involving allegations of sexual harassment, sexual assault, dating violence, domestic violence, stalking, or sexual exploitation, the student conduct process is initiated upon the filing of a Formal Complaint by a Complainant or by the Title IX Coordinator. As soon as practicable after the filing of a Formal Complaint, OSC will provide a Notice of Receipt of Formal Complaint to the parties who are known. The Notice of Receipt of November, 2023 11 Formal Complaint shall include the following information: (a) notice of the student conduct process that applies to the allegations; (b) the identities of the parties involved in the incident;

(c) the conduct allegedly constituting the violation; (d) the date and location of the incident, if known; (e) a statement that the Respondent is presumed not responsible for the alleged conduct; (f) a statement that a determination regarding responsibility is made at the conclusion of the student conduct process; (g) the parties’ right to have an advisor of their choice, who may be, but is not required to be, an attorney; (h) the parties’ right to inspect and review evidence; and (i) notice of the provisions of the Code that prohibit providing false information to a University official.

(5) Investigations.

(a) OSC may investigate the allegations against the Respondent by interviewing witnesses and obtaining other information. If OSC investigates allegations against a Respondent, OSC will 1. ensure that the burden of proof of gathering evidence rests on the University and not on the parties; 2. provide an equal opportunity for the parties to identify and present witnesses for interview, including fact witnesses and expert witnesses, and other inculpatory and exculpatory evidence; and 3. provide written notice of the date, time, location, participants, and purpose of all investigative interviews and other meetings, with sufficient time to prepare to participate. OSC is not obligated to interview a witness identified by the Respondent or the Complainant if OSC believes the witness is not likely to possess relevant information, is not likely to lead OSC to the discovery of relevant information, or the information the witness is likely to possess is cumulative of other information gathered by OSC. OSC may interview and re-interview the Complainant, the Respondent, and/or any other person at any time during the investigation in order to obtain additional and/or clarifying information. Investigations conducted by OSC will be prompt, thorough, and equitable. In conducting an investigation, OSC 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 OSC. At the conclusion of its investigation, OSC may prepare a written investigative report of the findings of the investigation. The investigative 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 Standards of Conduct.

(b) In cases in which a Complainant or the Title IX Coordinator has filed a Formal Complaint alleging sexual harassment, sexual assault, dating violence, domestic violence, stalking, or sexual exploitation, OSC will provide both parties with an equal opportunity to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in the Formal Complaint. Prior to completion of the investigative report, OSC will send to each party and the party’s advisor, if any, the evidence subject to inspection and review. The parties must have at least ten (10) business days to submit a written response, which OSC will consider prior to completion of the investigative report. After the investigative report is final, the parties shall have ten (10) business days to submit a written response to the report. No hearing shall occur until that 10-day period has expired, even if the parties have submitted responses prior to the expiration of the 10-day period.

(6) Notice of Allegations and Notice of Sanctions.

(a) A Notice of Allegations is a written notice that informs the Respondent that OSC has concluded that it is more likely than not that the Respondent violated the Standards of Conduct. A Notice of Allegations generally includes, without limitation, the following information: 1. a brief summary of the facts of Respondent’s alleged misconduct; 2. notice that OSC has determined that it is more likely than not that Respondent violated the Standards of Conduct; 3. notice of the specific Standard(s) of Conduct that OSC has determined the Respondent more likely than not violated; 4. the Respondent’s option(s)

November, 2023 12 to elect a hearing to contest OSC’s determination of responsibility for misconduct and/or the sanction(s); and 5. the names of witnesses likely to present information concerning the alleged misconduct if the Respondent elects to contest the allegations through a hearing.

(b) A Notice of Sanctions is a written notice that informs the Respondent of the disciplinary sanction(s) that OSC proposes for the violation(s) of the Standards of Conduct.

(c) If the Respondent fails to elect a hearing option available under Section .07(7) within seven (7) business days of OSC transmitting a Notice of Allegations and Notice of Sanctions in writing to the Respondent, then the Respondent waives all rights to a hearing, and OSC has the discretion to deem the Respondent to have accepted OSC’s determination of responsibility for misconduct and may impose sanction(s) deemed appropriate by OSC (unless OSC extends the time for the Respondent to request a Formal Hearing for good cause).

(d) This Section .07(6) does not apply to Formal Complaints that include Title IX Allegations.

(7) Hearing Options. A Respondent shall have the following options for a hearing:

(a) An administrative hearing before the Conduct Officer, which is described in Section .07(9);

(b) A hearing before the Student Conduct Board, which is described in Section .08;

(c) A hearing before a Title IX Hearing Officer (“Title IX Hearing”), which is described in

Section .09 and which is the only hearing option provided under the Code for determining responsibility for Title IX Allegations; or (d) A contested case hearing under the Uniform Administrative Procedures Act, which is conducted in accordance with the University’s procedures for conducting contested case proceedings under the UAPA, Chapter 1720-01-05.

(8) Alternative Resolution and Informal Resolution.

(a) Alternative Resolution. At any time during the student conduct process, allegations against the Respondent (except for Title IX Allegations which may be resolved through the Informal Resolution process set forth in Section .07(8)(b)) may be resolved through an alternative resolution. An alternative resolution is a resolution that is reached through a process and/or by a sanction or restriction not described in the Code. An alternative resolution concludes with a written agreement that confirms an agreement to resolve the allegations against the Respondent. To be valid, an alternative resolution agreement shall be signed by OSC and the Respondent, and shall include a waiver of the Respondent’s right, if any, to have a hearing on the allegations. Prior to the execution of an alternative resolution agreement, if a Complainant has not participated with OSC in the discussion of an alternative resolution, then OSC will provide the Complainant with an opportunity to provide a timely objection to the proposed alternative resolution. In appropriate cases, OSC may request the Complainant to sign an alternative resolution agreement and determine that the alternative resolution agreement is not effective without the Complainant’s signature. Neither the Respondent nor the Complainant may revoke or appeal an alternative resolution agreement after that party has signed the agreement. If an alternative resolution agreement is not reached, then the student conduct process will proceed, and the allegations against the Respondent will be resolved through one (1) of the other resolution methods in the Code.

November, 2023 13 (b) Informal Resolution. In cases that include Title IX Allegations, at any time prior to reaching a determination regarding responsibility, OSC may facilitate an informal resolution process that does not involve a full investigation and adjudication. To facilitate an informal resolution, OSC will (a) provide to the parties a written notice disclosing the allegations and 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, and (b) obtain the parties’ voluntary, written consent to the informal resolution process. At any time prior to agreeing to a resolution, any party has the right to withdraw from the informal resolution process and resume the student conduct process with respect to the Formal Complaint.

(9) Administrative Hearing Before Conduct Officer. A Respondent has a right to resolve a disciplinary case through an administrative hearing with the Conduct Officer by accepting responsibility for violating the Standards of Conduct. Following the Respondent’s written acceptance of responsibility and written waiver of the right to a hearing under the UAPA, if applicable, the Conduct Officer will assess a sanction that is appropriate under Chapter 1720- 07-01-.11. Following the assessment of the sanction, the Respondent may acknowledge the acceptance of the sanction in writing or appeal the sanction to the Associate Vice Chancellor of Student Affairs in accordance with Chapter 1720-07-01-.10. A Respondent who resolves a disciplinary case through an administrative hearing with the Conduct Officer may only appeal the sanction to the Associate Vice Chancellor of Student Affairs. A Respondent may not revoke a written acceptance of responsibility or a written acceptance of sanctions.

History

• Authority: T.C.A. §§ 4-5-101, et seq. and 49-9-209(e).
• Administrative History: New rules filed August 21, 2023; effective November 19, 2023.

Tenn. Comp. R. & Regs. 1720-07-01-.08 STUDENT CONDUCT BOARD HEARINGS

(1) Notice of SCB Hearing.

(a) When a Notice of SCB Hearing Is Sent. If the Respondent requests a SCB hearing in accordance with Section .07(7)(b), then OSC will send the Respondent and the Complainant a Notice of SCB Hearing at least seven (7) 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 (OSC 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 Officer will request the SCB impose on the Respondent; 4. the names of all witnesses through whom the Conduct Officer is likely to present information during the SCB hearing; 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 Officer 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 OSC’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 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.

(c) More than One Respondent. In cases involving more than one (1) Respondent, SCB hearings concerning each Respondent’s conduct may be conducted separately upon November, 2023 14 written request of a Respondent submitted at the time of the Respondent’s request for a hearing. OSC has the discretion to make the final determination of whether to grant such a request and will notify the Respondents of the decision.

(d) Consequences of Failing to Attend a SCB Hearing. If the Respondent fails to attend a SCB hearing, then the Respondent waives all rights to an 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 Standards of Conduct; and may determine that the Respondent’s failure to attend the hearing constitutes a separate violation of the Standards of Conduct. If the SCB determines, in the Respondent’s absence, that it is more likely than not that the Respondent violated the Standards of Conduct, then OSC may implement the sanctions imposed by the SCB and conclude the student conduct process.

(2) Composition of the Student Conduct Board.

(a) Eligible Pool. The University shall appoint a pool of persons who are eligible to serve on a SCB. The University may appoint University students, University faculty members, or University staff employees; however, an employee who works in OSC is ineligible to serve on a SCB. Persons appointed by the University will be trained by OSC to serve on a SCB.

(b) Appointment of the SCB. The SCB is an ad hoc board composed of three (3) members of the eligible pool and one (1) non-voting member of the eligible pool designated as the Chairperson. The SCB and the Chairperson are appointed by the Associate Vice Chancellor of Student Affairs.

(c) 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 (e.g., having a personal prejudice or bias) shall excuse themselves from serving on the SCB. The Complainant and the Respondent have the right to request the removal of any member of the SCB, including the Chairperson, on the grounds that the person cannot be fair and impartial in deciding the case. Any request for the removal of a member of the SCB must be made in writing to the Associate Vice Chancellor of Student Affairs at least three (3) business days in advance of the date of the hearing. If the Associate Vice Chancellor of Student Affairs decides that any member of the SCB cannot be fair and impartial, then the Associate Vice Chancellor of Student Affairs shall appoint a new member of the eligible pool.

(3) General Rules Governing SCB hearings.

(a) Required Pre-Hearing Information and Copies – Complainant and Respondent.

1. At least five (5) business days prior to the SCB hearing, the Complainant and the Respondent must provide the following to OSC in writing:

(i) The name of their advisor, if any, who will attend the SCB hearing;

(ii) The names of all witnesses and a brief summary of the information that they reasonably anticipate that each witness will provide to the SCB; and (iii) 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 November, 2023 15 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.

2. During the SCB hearing, the Complainant and the Respondent may present witnesses who were not identified in the Notice of SCB Hearing only if they comply with this Section .08(3)(a) (i.e., other witnesses not identified to OSC 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 SCB Hearing, informing them about the date, time, and place of the SCB hearing, and securing their attendance at the SCB hearing.

3. During the sanctioning phase of the SCB hearing only, the parties may present statements 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 Standard of Conduct. The Complainant’s statement may include a description of the impact of the Respondent’s conduct on the Complainant. The Respondent’s statement may include a description of any factors the Respondent believes mitigates the conduct. The Respondent may also present character statements during the sanctioning phase of the hearing only.

(b) Pre-Hearing Review of Information. Individuals involved with the hearing are responsible for contacting OSC 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, OSC will make copies of information submitted by the Complainant, the Respondent, and the Conduct Officer available for review by the Complainant, Respondent, their respective advisors, and members of the SCB. Those individuals will be notified by OSC when materials are available for review.

OSC may make the information available electronically. In its sole discretion, OSC may redact irrelevant information prior to making information available.

(c) Recording of the SCB Hearing. The University shall be responsible for making a verbatim record (e.g., digital or other recording) of a SCB hearing. Deliberations of the SCB shall not be recorded. The record of the SCB hearing shall be the property of the University.

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. However, the University will provide a copy of the verbatim record to the Complainant and the Respondent upon request.

(d) Attendance and Participation. Attendance during an SCB hearing generally is limited to members of the SCB, the Conduct Officer, the Complainant and the Complainant’s advisor, the Respondent and the Respondent’s advisor, and witnesses. The Conduct Officer, 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 OSC 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. However, the previous sentence shall not apply, and the Complainant and the Complainant’s advisor shall have the right to attend the entire SCB hearing, in cases of sexual assault, dating violence, domestic violence, and stalking. The Chairperson may accommodate concerns for the personal safety, well-being, and/or fears of confrontations of the Complainant, the Respondent, November, 2023 16 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 simultaneously see, hear, and otherwise access the communications of any party or witness who is attending or participating by closed circuit television, video conferencing, or other similar means.

(4) Procedural Rules for SCB Hearings.

(a) 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.

(b) Exclusion of Information. Upon the Chairperson’s initiation or upon request by the Conduct Officer, 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 .08(3)(a), or information from witnesses who were not disclosed in advance of the hearing in accordance with Section .08(3)(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 on a particular occasion the person acted in accordance with the character or character trait. Generally, in cases involving an allegation of sexual misconduct, neither the Complainant’s nor the Respondent’s prior sexual history is relevant to the issue of whether sexual misconduct occurred and will not be considered by the SCB. However, when the Respondent contends that the Complainant gave consent for a particular sexual act, the prior sexual history between the Complainant and the Respondent may be relevant to assess the manner and nature of communications between the parties, although the mere existence of a current or previous dating, romantic, intimate, or sexual relationship with the other person does not allow a Respondent to imply or infer consent.

The Complainant’s and the Respondent’s prior sexual history may also be relevant in other limited circumstances, such as to show intent, motive, absence of mistake, or to explain an injury or physical finding.

(c) Persons Who May Present Information. The only persons who may present information and/or witnesses during a SCB hearing are the Conduct Officer, 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).

(d) 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 OSC for assistance in resolving procedural questions fairly and in accordance with the Code.

(e) Questioning of Witnesses. Witnesses will provide information to the SCB and answer questions from the Chairperson. The Chairperson may ask questions and/or submit a request for additional information to the Respondent, the Complainant, the Conduct Officer, and/or witnesses. The Conduct Officer, the Respondent and/or the Complainant shall not directly ask questions to each other or other witnesses. The Conduct Officer, 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 November, 2023 17 to ask a witness a question proposed by the Conduct Officer, the Respondent, the Complainant, and/or members of the SCB. The method of questioning witnesses outlined in this Section .08(4)(e) is used to preserve the educational tone of the SCB hearing and to avoid the creation of an adversarial environment.

(f) Closing Statements. At the close of the SCB hearing, the Chairperson may allow the Conduct Officer, 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.

(g) Burden of Presenting Information Demonstrating Misconduct. The Conduct Officer bears the burden of presenting information demonstrating that it is more likely than not that the Respondent violated a Standard of Conduct, 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 Officer, the Complainant, or the Respondent if the Complainant or the Respondent chooses not to present information or witnesses to the SCB.

(5) Notice of 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 Standard of Conduct alleged in the Notice of Allegations to have been violated, whether it is more likely than not that the Respondent violated the Standards of Conduct. The SCB will decide by majority vote whether the Respondent violated the Standards of Conduct.

(b) Basis of Decision. The SCB shall base its decision solely on information 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 Officer, the Respondent, and the Complainant have had a chance to review and respond to the additional information either in a resumption of the SCB hearing or in writing.

(c) Determination of Sanction(s). If the SCB decides that the Respondent violated the Standards of Conduct, then the SCB will decide the appropriate sanction(s) by majority vote. The Conduct Officer and the Complainant may advocate that the SCB impose a specific sanction(s), and the Respondent may respond. In deciding the appropriate sanctions for a Respondent’s misconduct, the SCB may consider any statements provided by the Complainant and/or the Respondent as described in Section .08(3)(a)3.

During the sanctioning phase, the SCB may also consider a statement provided by the Conduct Officer about the Respondent’s conduct history.

(d) Issuance of Notice of Decision. Issuance of Notice of Decision. Within three (3) 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 OSC. OSC shall notify the Respondent about the Notice of Decision and provide a copy of the Notice of Decision.

If permitted or required under law, OSC 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 Standard of Conduct identified in the Notice of Allegations, the SCB’s decision concerning whether it is more likely than not that the Respondent violated the Standard of Conduct and the SCB’s rationale for the decision concerning the November, 2023 18 alleged violation of the Standard of Conduct, 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 and the Complainant’s options, if any, to appeal the decision of the SCB.

History

• Authority: T.C.A. §§ 4-5-101, et seq. and 49-9-209(e).
• Administrative History: New rules filed August 21, 2023; effective November 19, 2023.

Tenn. Comp. R. & Regs. 1720-07-01-.09 TITLE IX HEARINGS

(1) The Title IX Hearing. Any case that includes Title IX Allegations that reaches the hearing stage will be resolved through a Title IX Hearing. The Title IX Hearing must be conducted in accordance with 34 C.F.R. 106.45.

(2) The Title IX Hearing Officer. The Associate Vice Chancellor of Student Affairs (or a designee) will appoint a qualified Title IX Hearing Officer to conduct the Title IX Hearing and will notify the parties and their Advisors, if any, of the appointment. The Title IX Hearing Officer may be a University employee, a team of University employees, an external person engaged to conduct the Title IX Hearing, or a team of external people engaged to conduct the Title IX Hearing. The appointed Title X Hearing Officer will comply with the training requirements of Title IX. A party may object to the appointment of any Title IX Hearing Officer, in writing to the Associate Vice Chancellor of Student Affairs. Any objection must be received within three (3) business days of the notice of appointment, and it must state the party’s grounds for objecting. The Associate Vice Chancellor of Student Affairs will decide whether an objection is justified, and that decision is final. If a Title IX Hearing Officer is removed based on an objection, the Associate Vice Chancellor of Student Affairs will appoint a new qualified Title IX Hearing Officer to conduct the Title IX Hearing.

(3) Notice of Title IX Hearing.

(a) When a Notice of Title IX Hearing is Sent. The Title IX Hearing Officer will send the Respondent and the Complainant a Notice of Title IX Hearing at least ten (10) business days in advance of the date of the hearing.

(b) Information in the Notice of Title IX Hearing. The Notice of Title IX Hearing will contain, or be accompanied by, the following information: 1. the date, time, and place of the Title IX Hearing; 2. notice of 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 University must provide an advisor of the University’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; 3. notice that any cross-examination of any other party or witness must be conducted by the advisor, and never by a party personally; and 4. notice that all of the evidence obtained as part of the investigation that is directly related to the allegations raised in the Formal Complaint will be available to the parties at the hearing. Other pre-hearing information may also be included in the Notice of Title IX Hearing. Any Title IX Hearing may be rescheduled by the Title IX Hearing Officer or upon request of any party and for good cause shown.

(c) More than One Respondent. In cases involving more than one (1) Respondent, Title IX Hearings concerning each Respondent’s conduct may be conducted separately upon written request of a party submitted at least seven (7) business days in advance of the hearing. OSC has the discretion to make the final determination of whether to grant such a request and will notify the parties of the decision.

November, 2023 19 (d) Consequences of Failing to Attend a Title IX Hearing. If a party fails to attend a Title IX Hearing, the Title IX Hearing Officer may proceed with the Title IX Hearing without that party’s participation.

(4) General Rules Governing Title IX Hearings.

(a) The Title IX Hearing will take place no sooner than ten (10) business days after the parties’ receipt of the written investigative report.

(b) The Title IX Hearing Officer may conduct pre-hearing meetings or conferences with the parties and their advisors, if any, to discuss any pre-hearing issues, including but not limited to, the date of the hearing, the location of the hearing, any technology to be used at the hearing, the general rules governing the hearing, including any rules of decorum, the identification of witnesses, and the availability of evidence at the hearing.

(c) Each party must notify the Title IX Hearing Officer at least five (5) business days before the hearing of the identity of the party’s advisor, if any, or that the party does not have an advisor so that the University can provide an advisor.

(d) At the request of either party, the University will provide for the hearing to occur with the parties located in separate rooms with technology enabling the Title IX Hearing Officer and parties to simultaneously see and hear the party or the witness answering questions.

(e) Upon request of a party, and for good cause shown, the Title IX Hearing Officer may permit the participation of witnesses who were not identified by the party to the investigator, or the inclusion of evidence at the Title IX Hearing that was not provided by the party to the investigator.

(5) Procedural Rules for Title IX Hearings.

(a) Authority of the Title IX Hearing Officer. The Title IX Hearing Officer has the authority to maintain order and make all decisions necessary for the fair, orderly, and expeditious conduct of the Title IX Hearing. The Title IX Hearing Officer shall be the final decision maker concerning what, how, and in what order witnesses are questioned and evidence is examined.

(b) Exclusion of Information.

1. 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.

2. The University cannot 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 which are made and maintained in connection with the provision of treatment to the party, unless the University obtains that party’s voluntary, written consent to do so.

3. The University cannot 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.

November, 2023 20 (c) Preliminary Matters. The Title IX Hearing Officer shall begin the hearing by explaining the substance of the allegations and the specific University rule or policy allegedly violated.

(d) Attendance and Participation. Attendance during a Title IX Hearing generally is limited to the Title IX Hearing Officer, a representative from OSC, the Complainant and the Complainant's advisor, the Respondent and the Respondent's advisor, and witnesses.

Witnesses may attend the Title IX Hearing only while they are presenting information to the Title IX Hearing Officer, unless the witness is the Complainant or the Respondent.

The Title IX Hearing Officer and OSC have the discretion to allow other persons to attend th e Title IX Hearing, in accordance with state and federal law.

(e) Opening Statements. The Complainant and then the Respondent may each make an opening statement to the Title IX Hearing Officer, and they may provide a written copy of their opening statements to the Title IX Hearing Officer at the hearing. The Title IX Hearing Officer will provide a copy of any written opening statement received to the other party.

(f) Questioning the Witnesses. Following any opening statements, the Title IX Hearing Officer will question the Complainant, the Respondent, and any witnesses requested by the parties or deemed to have relevant information by the Title IX Hearing Officer. The Title IX 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 must be conducted directly, orally, and in real time by the party’s advisor of choice and never by a party personally. Only relevant crossexamination and other questions may be asked of a party or witness. Before the Complainant, the Respondent, or any witness answers a cross-examination or other question, the Title IX Hearing Officer must first determine whether the question is relevant and explain any decision to exclude a question as not relevant. The Title IX Hearing Officer cannot draw an inference about the determination regarding responsibility based solely on a party’s or witness’s absence from the hearing or refusal to answer cross-examination or other questions. Alleged verbal conduct by a Respondent that constitutes any part of the Title IX Allegations at issue in the case may be considered by the Title IX Officer in reaching a determination regarding responsibility even if the Respondent does not submit to cross-examination during the Title IX Hearing.

(g) Closing Statements. At the close of the Title IX Hearing, the Title IX Hearing Officer may allow the Complainant and the Respondent equal opportunities to make closing statements summarizing the information presented to the Title IX Hearing Officer and/or advocating the decision that the Title IX Hearing Officer should reach.

(6) Recording of the Title IX Hearing. The University will create an audio or audiovisual recording or transcript of the hearing and make it available to the parties for inspection and review.

(7) Notice of Decision of Title IX Hearing Officer. Within ten (10) business days of the hearing, the Title IX Hearing Officer must issue a written determination regarding responsibility (“Notice of Decision of Title IX Hearing Officer”). The written determination must include: 1. identification of the allegations potentially constituting Sexual Harassment; 2. 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; 3. findings of fact supporting the determination; 4. conclusions regarding the application of the Code to the facts; 5. a statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any disciplinary sanctions imposed on the Respondent, and whether remedies designed to restore or preserve equal access to the University’s education program or activity will be provided by November, 2023 21 the University to the Complainant; and 6. the procedures and permissible bases for the Complainant and Respondent to appeal. If the Respondent is determined responsible, the Title IX Hearing Officer may consider relevant information provided at the hearing by the Complainant, the Respondent, or any other witness in deciding the appropriate sanction for the Respondent’s misconduct.

(8) Notice of Decision of Title IX Hearing Officer to OSC. The Title IX Hearing Officer shall transmit a copy of the Notice of Decision of Title IX Hearing Officer to OSC. OSC shall notify the Respondent and the Complainant about the written determination and provide a copy of it simultaneously to the parties.

History

• Authority: T.C.A. §§ 4-5-101, et seq. and 49-9-209(e).
• Administrative History: New rules filed August 21, 2023; effective November 19, 2023.

Tenn. Comp. R. & Regs. 1720-07-01-.10 APPEALS

(1) A decision of the Student Conduct Board, a decision of the Title IX Hearing Officer, or a decision of the Conduct Officer concerning a sanction following an administrative hearing, may be appealed to the Associate Vice Chancellor of Student Affairs. Both Respondent and the Complainant (if any) may appeal a decision.

(a) The request for appeal shall be submitted in writing to the Associate Vice Chancellor of Student Affairs within five (5) business days of written notice of the decision being appealed. The request for appeal shall contain:

1. A statement identifying the decision from which the student is appealing; and 2. A brief statement of the grounds for the appeal.

(b) All appeals to the Associate Vice Chancellor of Student Affairs are heard based upon the record made during the hearing, with the exception of an appeal based on new evidence in Section .10(d)2. below.

(c) Pending the outcome of an appeal, the penalty specified in the decision on appeal shall not be imposed.

(d) Grounds for Appeal. The grounds for the appeal shall be limited to one (1) or more of the following grounds:

1. Procedural Error. A procedural irregularity affected the outcome of the matter.

2. New Evidence. New evidence that was not reasonably available at the time the determination regarding responsibility was made that could affect the outcome of the matter.

3. Conflict of Interest or Bias. The Conduct Officer or member of the Student Conduct Board, or in the case of a Title IX Hearing, Title IX Coordinator, the investigator(s), or the Title IX Hearing Officer, had a conflict of interest or bias that affected the outcome of the matter.

4. Clearly Unreasonable Sanction. The sanction(s) imposed by the Conduct Officer, Student Conduct Board, or Title IX Hearing Officer is clearly unreasonable (i.e., has no sound basis or justification in reason).

(e) Appeal Process. A Complainant or a Respondent may submit a written statement in support of or challenging a decision of the Student Conduct Board, a decision of the Title November, 2023 22 IX Hearing Officer, or a decision of the Conduct Officer concerning a sanction following an administrative hearing. The written statement must be received by the Associate Vice Chancellor of Student Affairs within five (5) business days of the date on which request for appeal was filed, or within five (5) business days of the date on which the nonappealing party received notice that the other party requested an appeal. Within five (5) business days of the receipt of the last written statement, the Associate Vice Chancellor of Student Affairs will issue a written decision describing the result of the appeal and the rationale for the result, which will be provided simultaneously to both parties.

(f) The Associate Vice Chancellor of Student Affairs may:

1. Affirm the decision;

2. Amend the decision;

3. Return the case to the Conduct Officer, Student Conduct Board, or Title IX Hearing Officer with instructions for reconsideration of the case; or 4. Overturn the decision of the Conduct Officer, Student Conduct Board, or Title IX Hearing Officer.

(2) The decision of the Associate Vice Chancellor of Student Affairs is final and not appealable.

History

• Authority: T.C.A. §§ 4-5-101, et seq. and 49-9-209(e).
• Administrative History: New rules filed August 21, 2023; effective November 19, 2023.

Tenn. Comp. R. & Regs. 1720-07-01-.11 SANCTIONS

(1) Disciplinary sanctions are primarily intended to educate students and student organizations about appropriate behavior, encourage students and student organizations to take responsibility for misconduct, promote the personal and professional development of students, discourage other students and student organizations from violating the Standards of Conduct, and protect members of the University community. The sanctions imposed should be 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 student’s or student organization’s conduct record; the student’s or student organization’s responsiveness to the conduct process; whether the student acted in self-defense, and, if so, whether the amount of force used was reasonable under the circumstances; student academic classification; and other aggravating or mitigating factors.

(2) The following sanctions may be imposed on any student found to have violated the Standards of Conduct:

(a) Warning. A warning is a notice that the student has violated the Standards of Conduct, that the misconduct must cease and/or not reoccur, and that further misconduct will likely result in the imposition of more serious sanctions.

(b) Loss of Privilege. 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, or participation in University-affiliated activities (e.g., extracurricular activities).

(c) Educational Activities. Educational activities are designed to educate the student about why certain conduct was inappropriate. Examples of such activities include, without limitation, offering a formal apology (in writing and/or in person); attending an educational November, 2023 23 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 OSC. The student may be held responsible for the payment of reasonable expenses relating to the educational activity.

(d) Restitution. Restitution may be required in situations that involve destruction, damage, or loss of property, or unreimbursed medical expenses resulting from physical injury.

Restitution may take the form of a monetary payment or appropriate service to repair or otherwise compensate for the destruction, damage, or loss.

(e) Disciplinary Probation. Disciplinary probation is imposed for a specified designated period of time during which the student may continue to be enrolled but must demonstrate conduct that conforms to the Standards of Conduct. 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 Standards of Conduct during a period of disciplinary probation may result in more serious sanctions such as suspension or expulsion from the University.

(f) Suspension. A suspension is an official separation of a student from the University for a specific designated period of time and/or until certain conditions are met. A suspension may be imposed for serious misconduct. 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 Universitycontrolled property without the prior approval of the Associate Vice Chancellor of Student Affairs. The student may be required to meet with an assigned University staff member periodically while suspended to ensure the student is making satisfactory progress regarding the developmental sanctions issued. The Associate Vice Chancellor of Student Affairs will determine whether the student is eligible for consideration for re-enrollment by the University’s admissions office(s). Prior to reenrollment, the student must satisfy the terms and conditions of all sanction(s) that are required to be completed prior to reenrollment. Students who are permitted to return to the University following a period of suspension will automatically be placed on disciplinary probation 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 Standards of Conduct and all terms and conditions placed on the student’s re-enrollment.

(g) Expulsion. Expulsion is a sanction that permanently bars a person 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-controlled property without the prior approval of the Associate Vice Chancellor of Student Affairs.

(h) 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. Revocation of a degree shall be approved by the Chancellor before the revocation is effective. If approved by the November, 2023 24 Chancellor, this sanction will be noted on the student’s academic transcript on a permanent basis (3) A disciplinary hold may be placed on a student’s account until the completion of the student disciplinary process and/or until the student satisfies the terms and conditions of any sanctions imposed. A student who, at the time of commencement, is subject to a continuing disciplinary sanction or an unresolved disciplinary charge shall not be awarded a degree before the conclusion of all sanctions and/or resolution of all disciplinary charges.

(4) In addition to the sanctions in Section .11(2), the following sanctions may be imposed on a student organization found to have violated the Standards of Conduct:

(a) Social Probation. 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 University-affiliated activities.

Any exceptions to social probation must be approved, in advance, by the Associate Vice Chancellor of Student Affairs or his/her designee.

(b) Disciplinary Probation. Disciplinary probation means that a student organization is permitted to retain University registration on a probationary status. Violation of the Standards of Conduct during the period of disciplinary probation may result in more serious sanctions, including revocation of University registration.

(c) Revocation or Suspension of University Registration. In cases of serious or repeated misconduct, a student organization’s University registration may be suspended or revoked.

(5) More than one (1) of the sanctions listed above may be imposed for any single violation of the Standards of Conduct.

(6) Voluntary intoxication or impairment because of alcohol, drugs, chemicals, or other substances does not diminish or excuse a violation of the Standards of Conduct.

(7) Except for interim restrictions, disciplinary sanctions shall not become effective until after opportunities for appeal have been exhausted. Sanctions may be applied retroactively to the date of the offense. Coursework performed while disciplinary charges are pending or disciplinary proceedings are underway shall be considered conditional. Coursework may be affected or disregarded based on a final finding of misconduct or the sanction imposed, which may result in loss of course credit, a loss of tuition and/or fees, a delay in the awarding of a degree, or revocation of a degree that was awarded prior to a final decision in the disciplinary proceeding.

(8) Parental Notifications. If a student accepts responsibility or is found responsible for violating a Standard of Conduct involving drugs or alcohol, and that student is under twenty-one (21) years of age, OSC shall inform the parent or legal guardian of that student of the violation, as required by state law. Typically, OSC fulfills the parental notification requirement by mailing written notification to the parent or legal guardian’s address listed with the Office of the University Registrar. OSC may also notify parents or legal guardians through other means when necessary or appropriate. Parental notification is not considered a disciplinary sanction.

History

• Authority: T.C.A. §§ 4-5-101, et seq.; 49-7-146; and 49-9-209(e).
• Administrative History: New rules filed August 21, 2023; effective November 19, 2023. November, 2023 25

Tenn. Comp. R. & Regs. 1720-07-01-.12 HONOR STATEMENT

(1) Honor Statement. An essential feature of the University is a commitment to maintaining an atmosphere of intellectual integrity and academic honesty. As such the University utilizes an Honor Statement that reads, “As a student of the University, I pledge that I will neither knowingly give nor receive any inappropriate assistance in academic work, thus affirming my own personal commitment to honor and integrity.” Each student is responsible for knowing and adhering to the terms and conditions of the Honor Statement.

(2) Academic Dishonesty. The Honor Statement prohibits cheating, plagiarism, and any other type of academic dishonesty.

(3) Plagiarism. Plagiarism is using the intellectual property or product of someone else without giving proper credit. The undocumented use of someone else’s words or ideas in any medium of communication (unless such information is recognized as common knowledge) is a serious offense, subject to disciplinary action that may include failure in a course and/or dismissal from the University. Specific examples of plagiarism include, but are not limited to: (a) using without proper documentation (quotation marks and citation) written or spoken words, phrases, or sentences from any source; (b) summarizing without proper documentation (usually a citation) ideas from another source (unless such information is recognized as common knowledge); (c) borrowing facts, statistics, graphs, pictorial representations, or phrases without acknowledging the source (unless such information is recognized as common knowledge); (d) collaborating on a graded assignment without the instructor’s approval; and (e) submitting work, either in whole or in part created by a professional service or used without attribution (e.g., paper, speech, bibliography, or photograph).

(4) Examples of Other Types of Academic Dishonesty. Specific examples of other types of academic dishonesty include, but are not limited to: 1. providing or receiving unauthorized information during an examination or academic assignment, or the possession and/or use of unauthorized materials during an examination or academic assignment; 2. providing or receiving unauthorized assistance in connection with laboratory work, field work, scholarship, or another academic assignment; 3. falsifying, fabricating, or misrepresenting data, laboratory results, research results, citations, or other information in connection with an academic assignment; 4. serving as, or enlisting the assistance of, a substitute for a student in the taking of an examination or the performance of an academic assignment; 5. altering grades, answers, or marks in an effort to change the earned grade or credit; 6. submitting without authorization the same assignment for credit in more than one (1) course; 7. forging the signature of another or allowing forgery by another on any class or University-related document such as a class roll or drop/add sheet; 8. gaining an objectively unfair academic advantage by failing to observe the expressed procedures or instructions relating to an exam or academic assignment; and 9. engaging in an activity that unfairly places another student at a disadvantage, such as taking, hiding, or altering resource material, or manipulating a grading system.

(5) Academic Dishonesty.

(a) Notice of Academic Dishonesty and Informal Opportunity to Respond. When an act of alleged academic dishonesty, in violation of Section .04(1) is discovered by, or brought to the attention of, an instructor, the instructor shall notify the student about the alleged academic dishonesty, describe the information supporting the allegation, and give the student an informal opportunity to respond to the allegation(s) and information.

(b) Referral By Academic Department to OSC. After the instructor provides the student with an informal opportunity to respond, and if the instructor still believes that an act of academic dishonesty has occurred, the instructor shall refer the incident to OSC. In referring the incident to OSC, the instructor shall include the academic penalty that the in structor plans to impose, if any. The referring instructor will not assign an academic November, 2023 26 penalty or a final grade for the course pending resolution of the allegation by OSC. If a grade must be submitted at the end of the grading period, the student will receive a temporary grade of “Not Reported” (NR) until the case is resolved. The instructor does not have the authority under the Code to impose a sanction identified in Rule 1720-07- 01-.11.

(c) Academic Penalties and Appeals of Academic Penalties. If, at the conclusion of the student conduct process, OSC determines that a student is not responsible for violating

Section .04(1) of this Chapter, the instructor shall not impose any academic penalty. If OSC determines that a student is responsible for violating Section .04(1) of this Chapter, the instructor may impose an academic penalty, in addition to any sanctions imposed by OSC under Section .11(2) of this Chapter. Academic penalties may include, without limitation, dismissal from a program of study; a failing or reduced grade in the academic exercise, assignment, examination, and/or course; loss of credit for the work involved; an assignment to repeat the work, to be graded on its merits; and/or a warning. An instructor may impose more than one (1) academic penalty. A student may appeal an academic penalty, as distinct from a student disciplinary sanction, through the appropriate institutional academic misconduct or grade appeal procedures.

(6) Academic Dishonesty – Resolution through the Student Conduct Process. After receiving any conduct referral for academic dishonesty, OSC will proceed with the student conduct process.

OSC may issue a Notice of Allegations for violating Section .04(1) of this Chapter regardless of the response of the instructor to the alleged academic dishonesty. If OSC issues a finding of responsibility and Notice of Sanctions for a violation of Section .04(1) of this Chapter, then the allegations shall be resolved through one of the hearing processes pursuant to Section .07(7) of the Code.

History

• Authority: T.C.A. §§ 4-5-101, et seq. and 49-9-209(e).
• Administrative History: New rules filed August 21, 2023; effective November 19, 2023.

Tenn. Comp. R. & Regs. 1720-07-01-.13 AMNESTY FOR INDIVIDUAL GOOD SAMARITANS AND STUDENTS IN NEED OF

EMERGENCY MEDICAL ATTENTION.

(1) Background. The University of Tennessee holds paramount the health, safety, and welfare of students. Accordingly, all University students are expected to alert appropriate officials in the event of a health, safety, or welfare emergency, including, without limitation, a situation involving the abuse of alcohol or other drugs.

(2) Expectations. When individual students know or reasonably should have known that other individual students are in need of emergency medical attention, the individual students are expected to: 1. contact appropriate people to report the incident and request assistance (e.g., University staff members, law enforcement), and provide those people with the names and contact information for the individual students reporting the incident and the impaired individual students; and 2. demonstrate cooperation and care by remaining with the impaired individual students and providing reasonable assistance during and after the incident. Individual students who take all of the steps described in this Section .13(2) will be referred to as a “Good Samaritan” under the Code. The individual students in need of emergency medical attention will be referred to as an “individual impaired student” under the Code.

(3) Amnesty for Individual Good Samaritans. Unless individual Good Samaritans have engaged in a repeated or serious violation of the Standards of Conduct (e.g., physical or sexual assault, property destruction, disorderly behavior, theft, second incident of misconduct involving alcohol or drugs), individual Good Samaritans will not be subject to formal University disciplinary action for misconduct discovered by the University as a result of the Good Samaritan’s report. While no formal University disciplinary action may be taken, the individual student who acted as a Good Samaritan may be required to meet with a University staff member to discuss the November, 2023 27 individual Good Samaritan’s misconduct and adhere to appropriate remedial and/or educational recommendations.

(4) Amnesty for Individual Impaired Students. Unless individual impaired students have engaged in a repeated or serious violation of the Standards of Conduct (e.g., physical or sexual assault, property destruction, disorderly behavior, theft, second incident of misconduct involving alcohol or drugs), individual impaired students will not be subject to formal University disciplinary action for misconduct discovered by the University as a result of the Good Samaritan’s report. While no formal University disciplinary action may be taken, the individual impaired students may be required to meet with a University staff member, participate in educational activities, and/or establish that the individual students have addressed issues that contributed to the misconduct.

(5) Application of Amnesty to Student Organizations. Student organizations, through their officers and members, are also expected to take responsible action in emergency situations. While this

Section .13 may not fully apply to a student organization, adherence to steps described in

Section .13(2) by a student organization’s officers and/or members will be considered a mitigating factor when determining the outcome or sanction. Additionally, the University will consider a failure of officers and/or members to adhere to steps described in Section .13(2) to be an aggravating factor when determining the outcome or sanction.

History

• Authority: T.C.A. §§ 4-5-101, et seq. and 49-9-209(e).
• Administrative History: New rules filed August 21, 2023; effective November 19, 2023.

Tenn. Comp. R. & Regs. 1720-07-01-.14 EMERGENCY POWERS

When, in the judgment of the University’s Chancellor, conditions are such that an emergency exists which makes it impossible for the Student Conduct Board to function, the Chancellor may suspend these procedural regulations and appoint an ad hoc committee to hear a conduct matter. Any such ad hoc committee shall follow procedures that will insure that the Respondent is provided with due process. The final decision of the ad hoc committee may be appealed to the Associate Vice Chancellor of Student Affairs, but the grounds for appeal are limited to those outlined in

Section .10(1)(d).

History

• Authority: T.C.A. §§ 4-5-101, et seq. and 49-9-209(e).
• Administrative History: New rules filed August 21, 2023; effective November 19, 2023.

Chapter 1720-07-02 Library Fines

Tenn. Comp. R. & Regs. 1720-07-02-.01 LIBRARY FINES

(1) There are no fines for overdue items borrowed from the library’s regular book collection or for overdue library equipment, unless those items are subject to recall as provided in Section .01(3) or deemed lost as provided in Section .01(4).

(2) Hourly reserve items are subject to an overdue fine of 25 cents per hour, up to a limit of $10.00 for each item. Daily reserve items are subject to an overdue fine of $1.00 per day, up to a limit of $10.00 for each item.

(3) All items from the library’s regular book collection and all library equipment are subject to recall.

When a recall is requested, a new due date is set for ten (10) days from the date of the request.

If the recalled item is not returned within that ten-day period, the borrower will be blocked from use of the library and subject to a fine of 50 cents per day up to a maximum of $10.00.

(4) Overdue notices will be sent to the borrower when any regular item, reserve item, or item of library equipment becomes due. If the borrower does not return the item within the time specified in the notice, the item will be deemed lost. A charge for the item’s replacement cost plus a $10.00 processing fee will be sent to the borrower twenty-one (21) days after the first overdue notice.

(5) If fines for overdue items and charges for lost items are not paid as required, the borrower will be blocked from borrowing items from the library until the outstanding obligations are paid.

History

• Authority: T.C.A. § 49-9-209(e).
• Administrative History: New rule filed August 21, 2023; effective November 19, 2023.

Chapter 1720-07-03 Parking Rules

Tenn. Comp. R. & Regs. 1720-07-03-.01 GENERAL

(1) These rules are intended to promote the safe and orderly parking of vehicles on the property of The University of Tennessee Southern (UTS); facilitate the safe and convenient operation of UTS business and services; and regulate parking on campus, with priority given to UTS business and services.

(2) The UTS Office of Safety and Security implements and enforces these rules.

(3) All persons parking vehicles and all persons owning vehicles parked on UTS property are subject to and required to comply with these rules.

History

• Authority: T.C.A. § 49-9-209(e).
• Administrative History: New rules filed August 21, 2023; effective November 19, 2023.

Tenn. Comp. R. & Regs. 1720-07-03-.0 7 APPEALS AND HEARINGS

(1) Citations may be appealed to the UTS Office of Safety and Security within fourteen (14) calendar days from the issuance of the citation, using the form provided by the UTS Office of Safety and Security. Persons who fail to appeal a citation within fourteen (14) calendar days of issuance of the citation forfeit their right to appeal the citation.

(2) If a vehicle is towed or immobilized, with or without advance notice, the registrant (if a registered vehicle) or the owner/operator (if an unregistered vehicle) shall have the right to a hearing upon request to the UTS Office of Safety and Security to contest the parking violation(s) for which the vehicle was towed or immobilized. A request for a hearing may be made within fourteen (14) calendar days of the date of the towing or immobilization. A registrant/owner/operator may November, 2023 5 pay any fines, penalties, immobilization fees and/or towing charges required for the mobilization or release of the vehicle prior to the hearing. Persons who fail to request a hearing within fourteen (14) calendar days of the towing or immobilization forfeit their right to a hearing.

If the underlying parking citation for which the vehicle was immobilized or towed is successfully appealed, then UTS shall refund any fines, penalties, immobilization fees or towing charges paid by the registrant/owner/operator.

(3) The Traffic Appeals Board, composed of faculty, staff, and students, will review appeals of citations and hear challenges involving the towing or immobilization of a vehicle. All decisions of the Traffic Appeals Board will be communicated to the appealing person in writing and are final.

History

• Authority: T.C.A. § 49-9-209(e).
• Administrative History: New rules filed August 21, 2023; effective November 19, 2023.