Rules & Regulations of the State of Tennessee
Title 0240 - Board of Regents
Subtitle 0240-02 - Systemwide Student Rules
Chapter 0240-02-03 - Student Conduct and Disciplinary Sanctions
Section 0240-02-03-.06 - DISCIPLINARY PROCEDURES
Universal Citation: TN Comp Rules and Regs 0240-02-03-.06
Current through September 24, 2024
(1) General
(a) Institutions shall provide students with
a system of constitutionally and legally sound procedures that provide the
protection of due process of law in accordance with these rules, institutional
restatement of these rules, and applicable state and federal law. The
institution's restatement of rules, processes, and procedures shall be
published on the institution's website and communicated to students.
(b) At community colleges, the Vice President
of Student Affairs or other administrator designated by the institution is
responsible for matters within the scope of these rules, except that the Chief
Academic Officer is responsible for matters related to academic misconduct. In
situations where the conduct could fall within both areas of responsibility,
the two (2) offices will confer and decide which rules will apply and advise
the student or student organization in writing of the decision. At colleges of
applied technology, the president or designee has responsibility.
(c) Complaints related to discrimination,
harassment, and retaliation that are not subject to another rule will be
investigated and resolved in accordance with these rules and the institution's
restatement of these rules, procedures, and processes.
1. In determining whether the evidence
establishes a violation of these rules, the institution shall use the standard
of evidence for contested cases under the UAPA and Department of State Rule
1360-04-01. At all times the burden of obtaining evidence and establishing a
violation shall be on the institution.
2. In the event of bias or conflict of
interest by an institutional official, the institution may appoint a
substitute, who may or may not be employed by the institution.
3. The investigator shall conduct an
appropriate investigation, which may include interviews of the parties and
witnesses, as well as review of documents and other information. The purpose of
the investigation is to determine whether the evidence establishes a violation
of these rules. The parties are encouraged, but not required, to provide
information that they want the investigator to consider.
4. The investigator shall provide written
notice of receipt of a written complaint or the decision to initiate an
investigation.
5. The investigator
shall notify students that the institution will comply with FERPA and only
disclose information in accordance with FERPA and other applicable
law.
6. The investigator shall
prepare a report summarizing the investigation. The report shall include, but
not be limited to, the dates of the alleged occurrences, the response of the
respondent, the findings of the investigator, and recommendations regarding
disposition of the complaint.
7.
The report shall be submitted to the institution's president within sixty (60)
calendar days following receipt of the complaint, absent cause for extending
the investigation timeline. In situations where more time is needed to complete
the investigation, written notice shall be provided to the parties explaining
the reasons.
8. The president shall
review the investigator's report and shall make a written determination as to
whether these rules have been violated and the appropriate disciplinary
sanction, if any. The president's determination and the investigator's report
shall be provided to the parties, unless prohibited by law.
9. Either party may send a written request to
reconsider to the president within ten (10) working days, absent good cause, of
receipt of the president's determination.
(i)
The request to reconsider process shall consist of an opportunity for the
parties to provide information to the president's attention that would change
the determination and/or disciplinary sanction. A party must explain why the
factual information was incomplete, the analysis of the facts was incorrect,
the determination was affected by bias or a conflict of interest, procedural
irregularity, and/or the appropriate standard was not applied, and how this
would affect the determination. Failure to do so may result in denial of the
request to reconsider.
(ii) The
parties will not be allowed to present their request to reconsider in person
unless the president determines, in his or her sole discretion, to allow an
in-person appearance.
(iii) The
president shall issue a written response to the request to reconsider as
promptly as possible. The decision will constitute the institution's final
decision.
(iv) The institution
shall provide written notice of the ability to contest the determination and/or
disciplinary sanctions, including where applicable, the ability to request a
contested case hearing pursuant to the UAPA, to the parties at the time the
parties are advised of the determination and upon the resolution of any request
to reconsider or appeal.
(d) Students and student organizations
subject to any disciplinary sanction are entitled to a due process hearing in
accordance with these rules and standards established by the constitutions of
the State of Tennessee and the United States unless that right is waived after
receiving written notice of the available procedures.
(e) All proceedings under these rules will be
held in closed session and not open to the public. Formal rules of evidence
shall not be applicable. The administrator or committee chair may exclude
evidence, which in their judgment is immaterial, irrelevant, or unduly
repetitious. Evidence in contested case hearings will be considered in
accordance with TBR Rule 0240-01-05 and Department of State Rule
1360-04-01.
(f) Written notice to a
student or student organization is accomplished either by handing a copy to the
student; sending documents via to email to the student's or student
organization's institutional email account; email account of record on file
with the institution; or by sending a copy via certified mail, registered mail,
return receipt requested mail, or a nationally recognized delivery service that
tracks delivery to the student's residence of record or the student
organization's address of record.
(2) Initiation of Charges
(a) An institution may initiate the
disciplinary process on the basis of written allegations received from any
source, including any member of the college community. Complaints should be
directed to the Vice President of Student Affairs or other administrator
identified by the institution, except that complaints relating to
discrimination, harassment, and retaliation should be referred to the
administrator identified by the institution so that such complaints can be
handled in accordance with these rules. The institution may also initiate
disciplinary procedures without written allegations if it becomes aware of
potential violations of these rules through other means.
(b) When the allegations, if proven, may
warrant the imposition of a disciplinary sanction, the institution shall inform
the student of the allegations and proceed to gather information concerning the
matter, including, but not limited to, interviewing relevant witnesses and
reviewing relevant documents and evidence. Students who may be the subject of
disciplinary sanctions will be provided the minimum due process protections
identified in these rules.
(c)
After reviewing the evidence, the administrator with responsibility for the
matter shall decide whether sufficient evidence exists to charge the student,
and if so, the appropriate disciplinary sanction(s). Notice of the charges and
disciplinary sanction(s), if any, shall be provided in writing to the student.
If there is insufficient evidence to continue the disciplinary process, the
matter will be closed, and written notice will be provided to the
student.
(3) Minimum Due Process Protections. Institutions shall provide the following minimum procedural due process protection components in disciplinary matters:
(a) The student shall be advised, in writing,
of the breach of the rule(s) of which he or she is charged;
(b) The student shall be advised of the time,
date, and place of the hearing allowing reasonable time for preparation;
and
(c) The student shall be
advised of the following rights applicable at the hearing:
1. The right to present his or her
case;
2. The right to be
accompanied by an advisor of his or her choice. The advisor's participation
shall be limited to advising the student, and not include advocating on behalf
of the student, speaking on behalf of the student, or otherwise actively
representing the student. An advisor is not permitted to interfere with the
hearing;
3. The right to call
witnesses on his or her behalf;
4.
The right to confront witnesses against him or her; and
5. The method and time limitations for
appeal, if any is applicable.
(4) Options for Students. Four (4) potential processes exist for adjudication of disciplinary matters. The student will be informed in writing of each available option and the due process rights associated with each option. A student will have five (5) business days following written notification to select an option. If a student fails to return the election of a procedure in a timely manner, the student will be deemed to have waived the right to contest the disciplinary sanction. Selection of one (1) option constitutes waiver of all other options.
(a) Contested Case Hearing. All cases which
may result in either suspension or expulsion of a student from the institution
for disciplinary reasons, or revocation of registration of a student
organization, are subject to the contested case provisions of the Uniform
Administrative Procedures Act, T.C.A. §§
4-5-301
et seq., and TBR Rule 0240-01-05, unless the student or student organization,
after receiving written notice, waives those procedures.
(b) A student at a community college may
elect an institutional panel hearing. A student at a college of applied
technology may elect a formal hearing in front of a single administrator
appointed by the president.
1. Institutional
Panel Hearing (Community Colleges)
(i) An
institutional panel hearing committee at a community college shall consist of
at least three (3) individuals and include at least one (1) student. The dean
of students or other administrator identified by the institution will assemble
the committee and coordinate the hearing but will not vote as to the
committee's decision. An individual who has an interest in the incident, a
conflict of interest, or a bias is not permitted to serve on the committee. The
institution may appoint individuals from standing pools and/or appoint ad hoc
committees.
(ii) The committee will
set a hearing date that is within fifteen (15) business days of receipt of the
student's request for a panel hearing. The student must be notified of the
date, time, and location of the hearing as soon as possible, but given at least
seven (7) calendar days' notice. A student will be notified of the due process
protections provided for in these rules.
(iii) The committee will conduct the hearing,
consider the relevant evidence presented, and make a decision based on a simple
majority vote. The committee can either uphold, overturn, or lessen the
disciplinary finding and/or sanction. The results of the decision will be
conveyed to the student in writing, through the dean of students or other
administrator identified by the institution, within ten (10) business days of
the hearing.
(iv) If the committee
upholds or lessens the disciplinary finding and/or sanction, the student may
appeal in writing to the president within five (5) business days following
receipt of the decision of the committee. The president will make a decision
within ten (10) business days. The president's decision is final.
(v) The president, dean of students or other
administrator identified by the institution has the ability to extend deadlines
for good cause and upon written notice to the student.
(vi) The institution shall maintain all
submissions by the student and all decisions of institutional officials and
committees permanently.
2. Formal Administrative Hearing (Colleges of
Applied Technology)
(i) The president of a
college of applied technology shall appoint an administrator who will set a
hearing date that is within fifteen (15) business days of receipt of the
student's request for a hearing. The student must be given at least seven (7)
calendar days' notice of the hearing. A student will be notified of the due
process protections provided for in these rules.
(ii) The administrator will conduct a
hearing, consider the relevant evidence presented, and make a decision either
upholding, overturning, or lessening the disciplinary finding and/or sanction.
The results of the decision will be conveyed to the student within ten (10)
business days of the hearing.
(iii)
If the administrator upholds or lessens the disciplinary finding and/or
sanction, the student may appeal in writing to the president within five (5)
business days following receipt of the decision of the committee. The president
will make a decision within ten (10) business days. The president's decision is
final.
(iv) The president has the
ability to extend deadlines for good cause and upon written notice to the
student.
(c)
Administrative Resolution. An administrative resolution involves the student
meeting with a single administrator appointed by (i) for community college
students, the dean of students or other administrator identified by the
institution or (ii) for college of applied technology students, the president.
There is no appeal. The decision of the administrator is final.
(d) A student may elect not to contest the
disciplinary action, either affirmatively or by failing to return the election
of a procedure in a timely manner, which serves as a waiver of the right to
contest the disciplinary action.
(5) Procedures Related to Interim Involuntary Withdrawal or Suspension Hearings
(a) When the
Vice President for Student Affairs or other administrator identified by the
institution determines that an interim suspension or other interim measure is
required for the health and safety of the institutional community and/or
property, or to prevent an ongoing imminent threat of disruption to or
interference with the normal operations of the institution, the student will
receive an opportunity for an informal hearing with the Vice President of
Student Affairs or other administrator identified by the institution to contest
the interim measure.
(b) The
informal hearing will be held within five (5) calendar days, absent good
cause.
(c) The evidence presented
at the hearing shall be limited to that which is relevant to the basis asserted
for imposition of the interim suspension or other interim measure.
(d) The student will be entitled to a formal
hearing in accordance with the due process protections described in these rules
before a permanent disciplinary sanction is imposed.
(6) Alternative Resolution Procedures: An institution, with the consent of all relevant parties, may use an alternative resolution method including, but not limited to, an apology, mediation or a negotiated resolution.
Authority: T.C.A. §§ 4-5-101, et seq. and 49-8-203.
Disclaimer: These regulations may not be the most recent version. Tennessee may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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