Rules & Regulations of the State of Tennessee
Title 0240 - Board of Regents
Subtitle 0240-06 - East Tennessee State University
Chapter 0240-06-01 - Title IX Compliance
Section 0240-06-01-.13 - APPEAL OF DETERMINATION OF RESPONSIBILITY OR DISMISSAL OF FORMAL COMPLAINT

Universal Citation: TN Comp Rules and Regs 0240-06-01-.13

Current through September 24, 2024

(1) ETSU will provide both parties with the opportunity to appeal a determination regarding responsibility or the dismissal of a formal complaint or any allegations therein, only on the following bases:

(a) Procedural irregularity that affected the outcome of the matter;

(b) New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made and that could affect the outcome of the matter; and

(c) The Title IX Coordinator, investigator(s), or hearing officer had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the outcome of the matter.

(2) A party wishing to appeal a determination regarding responsibility or the dismissal of a formal complaint or any allegations therein must file a written appeal with the Title IX Coordinator within ten (10) business days of the date of the determination or the dismissal. The written appeal must identify the basis or bases for the appeal and explain with specificity the facts supporting the basis or bases of the appeal.

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

(a) Notify the other party in writing when an appeal is filed and implement appeal procedures equally for both parties;

(b) Ensure that the decision-maker(s) for the appeal is not the same person as any investigator(s) or the hearing officer that reached the determination regarding responsibility or dismissal, the investigator(s), or the Title IX Coordinator;

(c) Ensure that the decision-maker(s) for the appeal complies with the standards set forth in Rule 0240 -06-01-.10(4).

(4) Within a reasonable time, the decision-maker(s) will issue a written appeal decision describing the result of the appeal and the rationale for the result.

(5) The Title IX Coordinator will provide the written appeal decision simultaneously to both parties.

Authority: T.C.A. §§ 49-8-101(a)(2)(A), 49-8-203(a)(1)(D), and 49-8-203(a)(4).

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.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.