Section 0240-09-01-.07 - DISCIPLINARY PROCEDURES(1) Responsibility for Administration(a) The Dean of Students' Office is responsible for matters that are within the scope of this rule and related policies. The Provost's Office is responsible for matters that fall within Tennessee Tech rules and policies related to student academic misconduct. In situations where the conduct could fall within both areas of responsibility, the two (2) Offices will confer, decide which rule or policies will apply to the matter, and advise the Student in writing of their decision.(b) Complaints related to discrimination and harassment will be investigated in accordance with applicable Tennessee Tech rules and related policies. If Tennessee Tech determines that a Student has engaged in impermissible discrimination or harassment, the Student will be subject to the disciplinary procedures outlined in this rule unless superseded by another rule.(c) Other than the matters listed in 0240-09-01-.07 Section (1)(b), reports of acts and incidents involving Students or RSOs should be referred to the Dean of Students' Office for investigation.(2) Notice and Due Process Rights Related to Preliminary Meetings (a) A Student or RSO accused of any violation of this rule or related policies will receive written notice of the alleged violation. Tennessee Tech will deliver this notice by sending an email to the Student's or RSO's official Tennessee Tech email account. The notice will be effective on the date Tennessee Tech sends the email notification to the Student's or RSO's official Tennessee Tech email account.(b) Tennessee Tech will send the preliminary meeting notification letter at least forty-eight (48) hours prior to the preliminary meeting, absent good cause.(c) The preliminary meeting notification letter will include, at a minimum: 1. The time, place, and date of the preliminary meeting;2. A written statement of the alleged violation and description of the alleged behavior including time, date, and place of occurrence if such information is available;3. Notice of the right to be accompanied by an advisor of choice, including an attorney, provided the Student or RSO consents to sign a release of necessary education records to the advisor;4. Notice that the advisor may not speak on behalf of the Student or RSO in the disciplinary meeting; and5. Notice of the right to address any information that Tennessee Tech is relying on as a basis for the preliminary meeting.(d) Upon receipt of the preliminary meeting notification letter, the Student or RSO must contact the Dean of Students' Office within forty-eight (48) hours to schedule a preliminary meeting. Failure to do so will result in a disciplinary hold placed on the Student's account or in the case of an RSO, suspension of privileges.(3) Preliminary Meeting(a) During the preliminary meeting with the Dean of Students, the Student or RSO will have the opportunity to contest the alleged violation and present information.(b) The Student or RSO has the right to be accompanied by an advisor of choice, provided the Student or RSO consents to the release of necessary education records to the advisor. The advisor, however, may not speak on behalf of the Student or RSO in the preliminary meeting.(c) The Dean of Students may interview potential witnesses or victims necessary to conduct a thorough investigation of the alleged violation.(d) Following the preliminary meeting and investigation of the complaint, the Dean of Students will determine if sufficient information exists for the disciplinary process to continue. 1. If the Dean of Students concludes a violation did not occur, the conduct matter will be closed.2. If the Dean of Students determines there is sufficient information to proceed with the disciplinary process, the Student or RSO will have a hearing regarding the alleged violation.3. If the Dean of Students determines the alleged misconduct does not warrant consideration of suspension, expulsion, or revocation of degree or credential of a Student or revocation of registration of an RSO, the Student or RSO will have a hearing with the Dean of Students following the procedures in Section 6 (Hearings Before the Dean of Students).(4) Hearing Options in Cases of Possible Suspension, Expulsion, or Revocation of Degree or RSO Registration (a) If the Dean of Students determines the alleged misconduct could result in suspension, expulsion, or revocation of degree or credential of a Student or revocation of registration of an RSO, the Student or RSO will have the opportunity to: 1. Contest the alleged violation(s) under the Uniform Administrative Procedures Act (UAPA) in accordance with provisions outlined in the Uniform Administrative Procedures Act, T.C.A. §§ 4-5-301 et seq. and related rules; or,2. Waive a hearing pursuant to the UAPA and choose a hearing before the Dean of Students; or,3. Waive a UAPA hearing and choose a hearing before the Judicial Council. (5) Notice and Due Process Rights Related to Disciplinary Proceedings(a) Unless a Student or RSO waives in writing his/her/its right to a disciplinary proceeding, a Student or RSO accused of any violation of this rule or related policies will be given written notice of the alleged violation. Tennessee Tech will deliver this notice by sending an email to the Student's or RSO's official Tennessee Tech email account. The notice will be effective on the date Tennessee Tech sends the email notification to the Student's or RSO's official Tennessee Tech email account.(b) For proceedings that could result in suspension, expulsion, or revocation of degree or credential of a Student or revocation of registration of an RSO, or that involve allegations of sexual misconduct as defined by the Student Due Process Protection Act and subject to this rule, Tennessee Tech will send a notification letter at least seventy-two (72) hours prior to the disciplinary proceeding.(c) The notification letter will include, at a minimum:1. The time, place, and date of the disciplinary proceeding;2. The names of witnesses Tennessee Tech expects to present at the disciplinary proceeding and the names of witnesses Tennessee Tech may present if the need arises;3. An explanation of the Student's or RSO's right to request a copy of the investigative file, which will be redacted as required by federal and state law;4. An explanation of the Student's or RSO's right to request copies of all documents, copies of all electronically stored information, and access to tangible evidence that Tennessee Tech has in its possession, custody, or control and may use to support claims or defenses, unless use would be solely for impeachment. All such documents will be redacted as required by federal and state law.5. A written statement of the alleged violation and description of the alleged behavior including time, date, and place of occurrence if such information is available;6. Notice of the right to present his/her/its case to the appropriate disciplinary authority;7. Notice of the right to be accompanied by an advisor of choice, including an attorney, provided the Student or RSO consents to sign a release of necessary education records to the advisor;8. Notice that the advisor may not speak on behalf of the Student or RSO in the disciplinary meeting;9. Notice of the right to call witnesses who can speak on his/her/its behalf; and10. Notice of the right to address any information that is used by Tennessee Tech in a disciplinary proceeding.(6) Hearings before the Dean of Students (a) The Dean of Students will follow the procedures described in this section.1. The hearing shall be conducted consistent with the following Student or RSO rights: (i) The right to receive the notices described in 0240-09-01-.07 Section 2 (Notice and Due Process Rights Related to Preliminary Meetings) and 0240-09-01-.07 Section 5 (Notice and Due Process Rights Related to Disciplinary Proceedings) prior to the hearing;(ii) The right to have the case heard based only on the alleged violation of the prohibited conduct specified in the written notice;(iii) The right to be accompanied by an advisor of choice, provided the Student or RSO consents to the release of necessary education records to the advisor. The advisor, however, may not speak on behalf of the Student in the hearing. An advisor may: (I) Address questions of procedure to the Dean of Students to the extent that the questions do not interfere with the orderly proceeding of the hearing; and(II) Request a recess to confer in private with the Student or RSO.(iv) The right to speak on his/her/its behalf, to call witnesses, to question all witnesses, to present evidence, to challenge the admissibility of evidence; and(v) The right to remain silent in a hearing.2. Formal rules of evidence shall not be applicable. The Dean of Students may exclude evidence which, in his/her sole judgment, is immaterial, irrelevant, unduly repetitious, unduly prejudicial, etc.3. The Dean of Students shall determine responsibility using the preponderance of the evidence standard of proof unless otherwise required by federal or state law, rule, or regulation.4. The Dean of Students shall issue a written decision that includes his/her findings and conclusions within three (3) business days after the conclusion of the hearing and all evidence is submitted.5. The Student or RSO will be advised in writing of the decision and all sanctions imposed as a result of the disciplinary hearing via Tennessee Tech email account.6. Any sanction imposed as a result of a hearing before the Dean of Students will be effective immediately upon notification to the Student or RSO.(7) Hearings before the Judicial Council (a) The Judicial Council is comprised of six (6) faculty members, two (2) administrators, and six (6) Students. The Dean of Students serves as an ex-officio member. Faculty members of the Judicial Council are appointed for a two (2) year term by the Tennessee Tech president. Student members of the Judicial Council are appointed for a one (1) year term by the president of the Student Government Association.(b) The Chairperson shall be elected by the Judicial Council membership on an annual basis.(c) A minimum of seven (7) members of the Judicial Council are required to hear a disciplinary case, composed of at least three (3) Students and four (4) faculty members, unless otherwise agreed by the parties.(d) The Dean of Students will train and advise all members of the Judicial Council regarding Tennessee Tech hearing procedures on an annual basis or as necessary.(e) The hearing shall be conducted consistent with the following Student or RSO rights:1. The right to receive the notices described in 0240-09-01-.07 Section 2 (Notice and Due Process Rights Related to Preliminary Meetings) and 0240-09-01-.07 Section 5 (Notice and Due Process Rights Related to Disciplinary Proceedings) prior to the hearing.2. The right to have the case heard based only on the alleged violation of the prohibited conduct specified in the written notice.3. The right to be accompanied by an advisor of choice, provided the Student or RSO consents to the release of necessary education records to the advisor. The advisor, however, may not speak on behalf of the Student in the hearing. An advisor may: (i) Address questions of procedure to the Dean of Students to the extent that the questions do not interfere with the orderly proceeding of the hearing; and(ii) Request a recess to confer in private with the Student or RSO.4. The right to speak on his/her/its behalf, to call witnesses, to question all witnesses, to present evidence, to challenge the admissibility of evidence; and5. The right to remain silent in a hearing; and6. The right to challenge the seating of any Judicial Council member for bias, prejudice, interest, or any other good cause. The dismissal of a challenged hearing board member will be determined at the discretion of the Judicial Council chairperson. If the chairperson is challenged, s/he may be excused by a majority vote of the Judicial Council.(f) All hearings shall be closed unless the respondent and the complainant both elect in writing to have an open hearing.(g) Formal rules of evidence shall not be applicable. The Judicial Council may exclude evidence which, in its judgment, is immaterial, irrelevant, unduly repetitious, or unduly prejudicial, etc.(h) The Judicial Council shall determine responsibility using the preponderance of the evidence standard of proof unless otherwise required by federal or state law, rule or regulation.(i) The Judicial Council shall issue a written decision that includes its findings and conclusions within three (3) business days after the conclusion of the hearing and all evidence is submitted.(j) The Student or RSO will be advised in writing of the decision and all sanctions imposed as a result of the disciplinary hearing via Tennessee Tech email account.(k) Any sanction imposed as a result of a Tennessee Tech hearing will be effective immediately upon notification to the Student or RSO.(8) Procedures Related to Interim Measures or Interim Suspensions(a) When the Dean of Students determines that interim measures or an interim suspension are required for the health and safety of the Tennessee Tech community and/or property, the Student or RSO will be given an opportunity for an informal hearing with the Dean of Students to contest the interim measure;(b) The informal hearing will be held within five (5) calendar days, absent good cause;(c) The information presented at the hearing will be limited to that which is relevant to the basis asserted for imposition of the interim measures; and(d) The Student or RSO will be entitled to formal hearing in accordance with the procedures described in 0240-09-01-.07 Section 2 (Notice and Due Process Rights Related to Preliminary Meetings) and 0240-09-01-.07 Section 5 (Notice and Due Process Rights Related to Disciplinary Proceedings) before a permanent measure is imposed.Tenn. Comp. R. & Regs. 0240-09-01-.07
Original rules filed September 1, 2017; effective November 30, 2017. 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. Amendments 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 January 15, 2021; new effective date to have been April 27, 2021. Withdrawal of the stay filed March 4, 2021; new effective date 3/31/2021.Authority: T.C.A. §§ 49-8-101(a)(2)(A) and 49-8-203(a)(1)(D).