Rules & Regulations of the State of Tennessee
Title 1540 - Higher Education Commission
Chapter 1540-01-10 - Regulation of Postsecondary Educational Institutions with Optional Expedited Authorization (oea)
Section 1540-01-10-.07 - COMPLAINTS
Universal Citation: TN Comp Rules and Regs 1540-01-10-.07
Current through September 24, 2024
(1) Commission staff shall investigate any signed student complaint involving an OEA institution after verifying that the student has exhausted the institution complaint process.
(2) Commission staff's investigation shall determine as necessary:
(a) Whether the
institution followed its policies as represented to the student; and
(b) Whether the institution failed to
disclose a fact or made a verbal or written inaccurate representation to the
student that affected the student's ability to make an appropriate decision
concerning the student's investment of time and money.
(3) When determining whether a finding is appropriate, Commission staff shall take into consideration any reasonable offers the institution made to resolve the student's complaint at the institutional level.
(4) The investigation will proceed as follows:
(a)
Complaints shall be signed and submitted as provided for in Rule .08 of these
rules.
(b) Any named institution
will receive a copy of the complaint and be provided an opportunity to respond
to all allegations contained in the complaint.
(c) Any named institution shall provide all
information requested by Commission staff as part of the
investigation.
(d) As part of the
investigation process, Commission staff may work with the complainant and the
named institution to effectuate a settlement.
(e) If there are no findings, the complaint
will be closed, and the written determination shall include a date by which an
aggrieved party may submit a request for further review by the Executive
Director as provided for in Rule
1540-01-02-.19(8)(g).
Such date shall be ten (10) business days after the date of the written
determinations. If no request for review is received, the complaint will be
closed.
(f) If there are findings
and proposed recommendations, the following process will be used:
1. Commission staff shall provide in the
written determinations and proposed recommendations a date by which either
party may respond to the findings or recommendations. Such date shall not be
earlier than ten (10) business days after the date of the written
determinations.
2. Following review
of the responses, if any, Commission staff may:
(i) Determine that the complaint is closed by
providing written notice to the parties. The written notice shall include a
date by which an aggrieved party may submit a request for further review by the
Executive Director as provided for in Rule
1540-01-02-.19(8)(f);
or
(ii) Recommend that the
Executive Director take some action that is within the scope of the proposed
recommendations. Any decision of the Executive Director to take action will be
provided to the parties by letter and shall include a date by which an
aggrieved party may submit a request for further review by the Commission as
provided for in Rule
1540-01-02-.19(8)(f).
(g) Any request for
review shall be in writing, signed, and provide a detailed explanation of each
alleged error with references to the Act or these rules. A request may be
denied if it is not received in a timely manner.
(h) Any party to the complaint aggrieved or
adversely affected by any final commission action may obtain judicial review of
the action as provided in T.C.A. §
49-7-2012.
Authority: T.C.A. §§ 49-7-2005 and 49-7-2022; Acts 2016, Ch. 868; and 2022 Tenn. Pub. Ch. No. 1044.
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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