Section 0240-05-06-.11 - DETERMINATION REGARDING RESPONSIBILITY(1) The hearing officer will issue a written determination simultaneously to the complainant and respondent regarding responsibility, using a preponderance of evidence to reach a determination.(2) The written determination must include:(a) Identification of 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 APSU's rule, policy, and, if applicable, code of conduct to the facts;(e) A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any disciplinary sanctions APSU imposes on the respondent, and whether remedies designed to restore or preserve equal access to APSU's education program or activity will be provided to the complainant; and(f) APSU's procedures and permissible bases for the complainant and/or respondent to appeal. (3) Either party may submit a written statement in support of the outcome to the Title IX Coordinator within ten (10) business days of the date of the determination or dismissal.(4) The Title IX Coordinator will be responsible for effective implementation of any remedies.(5) The determination regarding responsibility becomes final either on the date that APSU provides the parties with the written appeal decision, if an appeal is filed, or if an appeal is not filed, the date on which an appeal would no longer be considered timely.Tenn. Comp. R. & Regs. 0240-05-06-.11
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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