Section 0240-09-01-.08 - APPEALS(1) A Student or RSO may appeal a sanction imposed by the Dean of Students or Judicial Council following the procedures in this section.(2) The Student Conduct Appeal Committee will hear all appeals. (a) The Student Conduct Appeal Committee is comprised of one (1) faculty member, one (1) administrator, and one (1) Student.(b) A pool of eligible committee members will be identified by the Dean of Students annually to ensure a quorum can be achieved throughout the year.(3) A Student or RSO must file a written appeal with the Dean of Students within ten (10) calendar days from the date of the decision letter, absent good cause.(4) The bases for an appeal are as follows: (a) New information, not available at the time of the original hearing, has become available and would substantially alter the outcome of the hearing;(b) Tennessee Tech failed to conduct the disciplinary process in accordance with its procedures in such a way as to disadvantage the Student or RSO; or(c) The sanction is disproportionate to the violation.(5) The Student Conduct Appeal Committee will consider the appeal based on the record and statements submitted by the Student or RSO and the Dean of Students. The Student Conduct Appeal Committee may request the Student or RSO and the Dean of Students to appear before the Student Conduct Appeal Committee to clarify any questions regarding the appeal record or statements.(6) The Student Conduct Appeal Committee will make its decision within ten (10) business days of receipt of all relevant information. This period may be extended in circumstances where it is not possible to establish a quorum (e.g. holidays, breaks, etc.).(7) The Student Conduct Appeal Committee may take the following action(s) upon consideration of the merit of the appeal: (a) Affirm the original decision;(b) Reverse the original decision;(c) Reduce the sanction prescribed in the original decision; and/or(d) Remand the matter to the original hearing body for reconsideration.(8) The standard of proof required to overturn a finding of a violation shall be preponderance of the evidence and the Student or RSO bears the burden of proof.(9) A Student or RSO may file a written appeal of the Student Conduct Appeal Committee's decision with the Vice President for Student Affairs. The Student or RSO must file a written appeal with the Vice President for Student Affairs' office within ten (10) business days of the date of the decision letter. The appeal must state the reasons why the Student or RSO believes the decision should be overturned. After consideration of the appeal, the record, and any other relevant information, the Vice President for Student Affairs will issue a written decision within five (5) business days of receipt of the appeal and all relevant material.(10) The Vice President for Student Affairs' decision is final, except in cases where a Student has been expelled or the Student's degree has been revoked. In those cases, the Student may appeal the Vice President for Student Affairs' decision to the President. The Student must file a written appeal with the President's office within ten (10) business days of the date of the decision letter. The appeal must state the reasons why the Student believes the decision should be overturned. After consideration of the appeal, the record, and any other relevant information, the President will issue a written decision as soon as reasonably possible.Tenn. Comp. R. & Regs. 0240-09-01-.08
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).