Section 0240-07-06-.12 - DETERMINATION REGARDING RESPONSIBILITY(1) The hearing officer will issue a written determination simultaneously to the complainant and respondent regarding responsibility, using a preponderance of the 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 MTSU'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 MTSU imposes on the respondent, and whether remedies designed to restore or preserve equal access to MTSU's education program or activity will be provided to the complainant; and(f) MTSU's procedures and permissible bases for the complainant and/or respondent to appeal.(3) The Title IX Coordinator will be responsible for effective implementation of any remedies.(4) The determination regarding responsibility becomes final either on the date that MTSU 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. 0240-07-06-.12
New rules filed November 13, 2020; to have become effective February 11, 2021. However, a 75-day stay of the effective date of the rules was filed December 18, 2020; new effective date to have been April 27, 2021. Withdrawal of the stay filed February 4, 2021; new effective date 3/31/2021.Authority: T.C.A. §§ 49-8-101(a)(2)(A), 49-8-203(a)(1)(D), and 49-8-203(a)(4).