Section 0240-10-06-.03 - DEFINITIONS(1) The term "business day" means any weekday not designated by the University as a holiday or administrative closing day. When calculating a time period of business days specified in the Code, the business day of the event that triggers a time period is excluded.(2) The term "complainant" means an individual who is alleged to be the victim of conduct that could constitute a violation under this Code. In the absence of a complaint from another member of the University community, the University, a University employee, or another office or department within the University may serve in the role as complainant.(3) The term "conduct educator" means the University official assigned to investigate and document factual findings related to alleged violations of the Student Code. In the case of Academic Misconduct, the faculty member whose course the conduct occurred in, or in the case of academic misconduct occurring outside of a specific course, the faculty member who is responsible for the academic program the conduct occurred in, will serve in the role.(4) The term "consent" means an informed decision, freely given, made through mutually understandable words or actions that indicate a willingness to participate in mutually agreed upon activity. Consent cannot be given by an individual who is asleep; unconscious; or mentally/physically incapacitated, either through the effect of drugs/alcohol or for any other reason; or is under duress, threat, coercion, or force. Past consent does not imply present or future consent. Silence or an absence of resistance does not imply consent. Consent can be withdrawn at any time.(5) The term "Dean of Students" means the University official charged with administration of student discipline for the University, and/or their designee at the University.(6) The term "member of the University community" means any person who is a student, University official, campus visitor, University approved vendor, and/or participant in a University-sponsored or University-affiliated activity.(7) The term "notice" means notice given in writing and transmitted by United States mail, courier service, and/or hand delivery to the address the University's Registrar has on file for the student; and/or by e-mail to the student's University-provided e-mail account. When a notice is transmitted by United States mail or courier service, the notice is effective on the date that it is mailed or delivered to the courier service. When a notice is transmitted by hand delivery, the notice is effective on the date that it is delivered to the person to whom the notice is addressed. When a notice is transmitted by e-mail, the notice is effective on the date that the e-mail is sent. A student's University-issued e-mail address is the official method of communication used by the University regarding student conduct matters.(8) The term "party" means either complainant or respondent. References in this rule to the plural "parties" includes complainant and respondent.(9) The term "possession" means having, owning or controlling a substance or property or being in such close proximity to the substance or property that it is a reasonable presumption that one had knowledge of the substance or property.(10) The term "retaliation" means any action taken by an accused individual or an action taken by a third party against any person because that person has reported a violation of this rule or the University's processes or because that person has filed a complaint, served as a witness, assisted, or participated in an investigation or proceeding under this rule or any other University process. This includes action taken against a bystander who intervened to stop or attempt to stop a violation of this rule or any other University process. Retaliation includes, but is not limited to, intimidating, threatening, or coercing an individual because of the individual's complaint or participation.(11) The term "respondent" means an individual or student organization who has been reported to be the perpetrator of conduct that could constitute a violation under this Code.(12) The term "student" includes all persons who are admitted, enrolled, or registered for courses at the University, either full-time or part-time, pursuing undergraduate, graduate, continuing education, vocational education, or professional studies. Persons who withdraw after allegedly violating the Student Code, who are not officially enrolled for a particular term but who have a continuing relationship with the University or who have been notified of their acceptance for admission are considered "students" as are persons who are living in University owned or controlled housing, although not enrolled at the University.(13) The term "student conduct board" means an annually appointed, trained pool of eligible University community members (i.e. students, faculty, staff, or contractors) who are responsible for conducting student disciplinary hearings.(14) The term "student organization" means any organization comprised primarily of currently enrolled students who unite around a common purpose or interest for educational, social, recreational and/or service purposes.(15) The term "threat" means any written, verbal, or non-verbal conduct by a student or student organization that causes a reasonable expectation of injury to the health and/or safety of any person and/or damage to any property.(16) The term "University" means the University of Memphis.(17) The term "University-affiliated activity" means any activity on or off University property that is initiated, aided, authorized, sponsored, or supervised by the University.(18) The term "University property" means all land, buildings, facilities, grounds, structures, or any other property controlled, owned, leased, used, maintained, or operated by the University. For purposes of this rule, University controlled property includes all streets, alleys, sidewalks, public ways abutting such property, and computers and network systems owned, maintained, or controlled by the University or funded by the University.(19) The term "University official" means an employee of the University including, but not limited to, faculty members, staff, University-recognized volunteers. Student employees may be considered University officials when acting in the performance of their duties such as event staff, building monitors, resident assistants, teaching assistants, or others designated by the University.(20) The term "weapon" means any device, instrument, or substance that is designed to inflict a wound, incapacitate, or cause bodily injury or death, including, but not limited to, firearms (loaded and unloaded, real firearms and devices that appear to be real firearms), ammunition, electronic control devices (such as tasers and stun guns), devices designed to discharge an object (such as bb guns, air guns, pellet guns, potato guns, and slingshots), explosives, dangerous chemicals (such as mace, tear gas, and oleoresin capsicum), martial arts weapons, bows and arrows, artificial knuckles, nightsticks, blackjacks, dirks, daggers, swords, and knives with fixed blades longer than four (4) inches. The term "weapon" does not include pocketknives that fold (but not excluding switchblades); chemical repellents available over-the-counter for self-defense; instruments used solely for personal hygiene, preparation of food, maintenance, University-related instruction, or University employment-related duties. Weapon may also include devices, instruments or substances not designed to inflict a wound, incapacitate, or cause bodily injury or death but that is used in that manner.Tenn. Comp. R. & Regs. 0240-10-06-.03
New rules filed July 20, 2021; effective 10/18/2021.Authority: T.C.A. § 49-8-203(a)(1)(D).