Section 0240-05-06-.09 - GRIEVANCE PROCESS FOR FORMAL COMPLAINTS(1) APSU will apply its grievance procedures and requirements equally to both parties.(2) During the course of the grievance process, APSU will treat complainants and respondents equitably by providing remedies to a complainant where a determination of responsibility for sexual harassment has been made against the respondent, and by following its grievance process before the imposition of any disciplinary sanctions or other actions that are not supportive measures against a respondent.(3) APSU will design remedies to restore or preserve equal access to APSU's education program or activity. Such remedies may include supportive measures; however, remedies need not be non-disciplinary or non-punitive and need not avoid burdening the respondent.(4) APSU will ensure that the Title IX Coordinator, investigator, hearing officer, or decision-maker does not have a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent.(5) APSU will require an objective evaluation of all relevant evidence - including both inculpatory and exculpatory evidence - and prohibit credibility determinations based on a person's status as a complainant, respondent, or witness.(6) APSU will presume that the respondent is not responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of the grievance process.(7) APSU will apply a preponderance of the evidence standard for all formal complaints.(8) APSU will require the grievance process, including the appeal process, to conclude within a reasonably prompt time frame.(9) APSU will provide the range of possible disciplinary sanctions and remedies or list the possible disciplinary sanctions and remedies that APSU may implement following any determination of responsibility.(10) APSU will describe the range of supportive measures available to complainants and respondents.(11) APSU will provide the parties with the same opportunities to have others present during any grievance proceeding, including the opportunity to be accompanied to any related meeting or proceeding by the advisor of their choice, who may be, but is not required to be, an attorney.(12) APSU will not limit the choice or presence of advisor for either the complainant or respondent in any grievance proceeding; however, APSU may establish restrictions regarding the extent to which the advisor may participate in the proceedings, as long as the restrictions apply equally to both parties.(13) APSU will provide to a party whose participation is invited or expected, written notice of the date, time, location, participants, and purpose of all proceedings or hearings, or other meetings with a party, with sufficient time for the party to prepare to participate.(14) APSU will appoint a hearing officer that meets the training requirements set forth in T.C.A. § 45-324.Tenn. Comp. R. & Regs. 0240-05-06-.09
Emergency rules filed November 20, 2020; effective through May 19, 2021. Emergency rules expired effective May 20, 2021, and the rules reverted to their previous statuses. New rules filed July 21, 2021; effective 10/19/2021.Authority: T.C.A. §§ 49-8-101(a)(2)(A) and 49-8-203(a).
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