Section 0240-10-06-.05 - DISCIPLINARY OUTCOMES(1) Purposes of disciplinary outcomes. The purposes of disciplinary outcomes that are implemented include, but are not limited to: (a) To educate the Respondent about appropriate conduct;(b) To promote the personal and professional development of the Respondent;(c) To repair harm to the Complainant, University, and/or Community;(d) To discourage the Respondent and other students from violating the Behavioral Expectations and Responsibilities; and(e) To protect other members of the University community.(2) Appropriateness of disciplinary outcomes. The disciplinary outcomes imposed on a Respondent should be proportional to the Respondent's misconduct and appropriate for the particular case based on the gravity of the offense (including, without limitation, how the violation affected or reasonably could have affected other members of the University community). Consideration may also be given to the Respondent's conduct record; whether the Respondent acted in self-defense, and, if so, whether the amount of force used was reasonable under the circumstances; and other aggravating or mitigating factors.(3) Administrative sanctions. A student who accepts responsibility or is found responsible for violating the Behavioral Expectations and Responsibilities generally will be given one (1) or more of the following administrative sanctions:(a) Warning. A warning is a written notice to a student that informs the student that the student has violated the Behavioral Expectations and Responsibilities, that the misconduct must cease and/or not reoccur, and that further misconduct may result in the imposition of more serious sanctions.(b) Disciplinary probation. Disciplinary probation is imposed for a specified period of time during which the student may continue to be enrolled but must demonstrate conduct that conforms to the Behavioral Expectations and Responsibilities. Conditions may be placed on the student's continued enrollment. A student may be placed on disciplinary probation for moderate misconduct or in the case of repeated minor misconduct. Also, a student allowed to re-enroll following a suspension will be placed on disciplinary probation. Subsequent violations of the Behavioral Expectations and Responsibilities during a period of disciplinary probation may result in more serious sanctions such as suspension or expulsion from the University.(c) Deferred suspension. A deferred suspension is a designated period of time during which a student, while continuing to be enrolled, is given an opportunity to demonstrate the ability to abide by the Behavioral Expectations and Responsibilities. A student may be placed on deferred suspension for serious misconduct or in the case of repeated misconduct. If the student is found responsible for any additional violation(s) of the Behavioral Expectations and Responsibilities while the student is on deferred suspension, then the sanction of suspension will be the minimum sanction that will be imposed in a Formal Hearing on the subsequent misconduct. Students who are placed on deferred suspension are also generally given developmental sanctions.(d) Suspension. A suspension is an official separation of a student from the University for a specific period of time and/or until certain conditions are met. A suspension may be imposed for serious misconduct and/or for a violation of deferred suspension. Suspension may include conditions that must be satisfied prior to a student being allowed to re-enroll and/or conditions that will be in place if the student is allowed to re-enroll. The effective date of a suspension may be imposed retroactively to the date that the misconduct occurred. While suspended, the student loses all University rights and privileges (e.g., enrollment privileges), shall not represent the University in any official manner, and shall not be present on University property without the prior approval of the Dean of Students. The student may be required to meet with an assigned staff member periodically while suspended to ensure the student is making satisfactory progress regarding the developmental sanctions issued. The Dean of Students will determine whether the student is eligible for consideration for re-enrollment by the University's admissions office(s). Students who are permitted to return to the University following a period of suspension will automatically be placed on disciplinary probation by OSA for a designated period of time, which is designed to facilitate a smooth transition back to the University community. A student on post-suspension disciplinary probation must abide by the Behavioral Expectations and Responsibilities and all terms and conditions placed on the student's re-enrollment.(e) Expulsion. Expulsion is a sanction that permanently bars a person from the University and from re- enrolling as a student at the University. This sanction generally is imposed when the student's misconduct is deemed so serious as to warrant total and permanent disassociation from the University community without the possibility of re-enrollment; and/or when, by the student's repeated misconduct, a student has exhibited a blatant disregard for the health, safety, or welfare of other members of the University community or the University's right to establish rules of conduct. A person who has been expelled shall not be present on University property without the prior approval of the Dean of Students.(f) Withholding of degree. The University may withhold a degree as a disciplinary sanction for a specified period of time or until the student's completion of all other sanctions imposed, whichever occurs later.(g) Revocation of degree. The sanction of the revocation of a degree may be imposed if a student has obtained a degree at least in part through cheating, plagiarism, other academic dishonesty, or through research misconduct. This sanction will be noted on the student's academic transcript on a permanent basis.(h) Disciplinary probation for student organizations. A student organization given the sanction of disciplinary probation is permitted to retain University student organization registration on a probationary status. As a condition of the disciplinary probation, the student organization also may be given developmental sanctions. Disciplinary sanctions imposed on a student organization may be applicable to members of such organization.(i) Social probation for student organizations. Social probation prohibits a student organization from sponsoring or participating in specified social activities. While on social probation, a student organization may not host social events or participate in University-affiliated activities. Any exceptions to social probation must be approved, in advance, by the Dean of Students.(j) Deferred suspension for student organizations. A deferred suspension is a designated period of time during which a student organization, while continuing to be active, is given an opportunity to demonstrate the ability to abide by the Behavioral Expectations and Responsibilities. A student organization may be placed on deferred suspension for serious misconduct or in the case of repeated misconduct. If the student organization is found responsible for any additional violation(s) of the Behavioral Expectations and Responsibilities while the student organization is on deferred suspension, then the sanction of revocation or suspension of University registration will be the minimum sanction that will be imposed in a Formal Hearing on the subsequent misconduct. Student organizations who are placed on deferred suspension generally also receive disciplinary probation and developmental sanctions.(k) Revocation or suspension of University registration. In cases of serious or repeated misconduct, a student organization's University registration may be suspended or revoked.(4) Developmental conditions. A student may be given one (1) or more of the following developmental conditions in an effort to foster student learning and development: (a) Educational activities. Educational activities are designed to educate the student about why certain conduct was inappropriate. Examples of such activities include, without limitation: attending an educational class, training, or workshop; giving or attending a presentation; preparing and submitting a research project or paper on a designated topic; or offering a written reflection responding to a prompt given by OSA.(b) Restitution. Restitution is compensation for loss, damage, and/or injury incurred as a result of the student's behavior. Compensation may take the form of money, service, and/or material replacement. Restitution may be required to be made to the University, a specific individual, or a specific organization.(c) Supervised service. A student may be assigned service that is both beneficial to the University community and/or likely to assist the student in understanding the effects of the student's conduct.(d) Loss or restriction of privileges. Specified student privileges are lost or restricted. Such privileges include, without limitation, representing the University in any official manner, the use of or access to University-controlled property, University parking privileges, University owned housing, or participation in University-affiliated activities including, but not limited to, extracurricular activities.(e) University housing reassignment or removal. A student may be assigned to a different residence hall or residence hall room. A student's residence hall contract also may be terminated, and the student may be prohibited from residing in University housing for a definite or indefinite period of time.(f) Mandatory education. A student may be required to participate in one (1) or more educational programs, classes, or workshops relating to the student's misconduct, including, without limitation, education concerning alcohol or drugs. The student may be held responsible for the payment of expenses relating to the educational program/class/workshop(s).(5) Academic sanctions. The following academic sanctions may be imposed in response to student academic misconduct: (a) Diminished assignment grade. An instructor may issue a diminished grade for the academic exercise that was the subject of a finding of academic misconduct.(b) Failing assignment grade. An instructor may issue a failing grade for the academic exercise that was the subject of a finding of academic misconduct.(c) Diminished course grade. An instructor may issue a diminished grade for the course in which there was an academic exercise that was found to be academic misconduct.(d) Failing course grade. An instructor may issue a failing grade for the course in which there was an academic exercise that was found to be academic misconduct.Tenn. Comp. R. & Regs. 0240-10-06-.05
New rules filed July 20, 2021; effective 10/18/2021.Authority: T.C.A. § 49-8-203(a)(1)(D).