Section 0240-06-01-.12 - DETERMINATION REGARDING RESPONSIBILITY(1) The hearing officer will issue a written determination simultaneously to the complainant and respondent regarding responsibility, using a clear and convincing evidence standard 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 ETSU'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 ETSU imposes on the respondent, and whether remedies designed to restore or preserve equal access to ETSU's education program or activity will be provided to the complainant; and(f) ETSU'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 ETSU 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. 0240-06-01-.12
Emergency rules filed August 14, 2020; effective through February 10, 2021. Emergency rules expired effective February 11, 2021, and the rules reverted to their previous statuses. New rules filed May 4, 2021; effective 8/2/2021.Authority: T.C.A. §§ 49-8-101(a)(2)(A), 49-8-203(a)(1)(D), and 49-8-203(a)(4).