Section 0240-07-06-.13 - APPEAL OF DETERMINATION OF RESPONSIBILITY OR DISMISSAL OF FORMAL COMPLAINT(1) Both parties may appeal a determination regarding responsibility or the dismissal of a formal complaint or any allegations therein, only on the following bases: (a) Procedural irregularity that affected the outcome of the matter;(b) New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made and that could affect the outcome of the matter; and(c) The Title IX Coordinator, investigator(s), or hearing officer had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the outcome of the matter.(2) A party wishing to appeal a determination regarding responsibility or the dismissal of a formal complaint or any allegations therein must file a written appeal with the Title IX Coordinator within ten (10) business days of the date of the determination or the dismissal. The written appeal must identify the basis or bases for the appeal and explain with specificity the facts supporting the basis or bases of the appeal.(3) In the event of an appeal filed by the other party, the non-appealing party will be permitted to submit a written statement in support of the outcome.(4) As to all appeals, the Title IX Coordinator will:(a) Notify the other party in writing when an appeal is filed and implement appeal procedures equally for both parties;(b) Ensure that the decision-maker(s) for the appeal is not the same person as any investigator(s) or the hearing officer that reached the determination regarding responsibility or dismissal, the investigator(s), or the Title IX Coordinator;(c) Ensure that the decision-maker(s) for the appeal complies with the standards set forth in Rule 0240-07-06-.10(4).(5) Within a reasonable time, the decision-maker(s) will issue a written appeal decision describing the result of the appeal and the rationale for the result.(6) The Title IX Coordinator will provide the written appeal decision simultaneously to both parties.Tenn. Comp. R. & Regs. 0240-07-06-.13
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).