Section 1240-08-09-.05 - DISCIPLINARY SANCTIONS(1) Upon a determination that a student has violated any of the rules, regulations, or disciplinary offenses set forth in the regulations, the following disciplinary sanctions may be imposed, either individually or in combination, by appropriate facility officials.(a) Restitution. A student who has committed an offense against property may be required to reimburse the facility or other owner for damage to or misappropriation of such property. Any such payment in restitution shall be limited to the actual cost of repair or replacement.(b) Warning. The appropriate facility official may notify the student that continuation or repetition of specified conduct may be cause for other disciplinary action.(c) Reprimand. A written reprimand, or censure, may be given to any student whose conduct violates any part of these regulations. Such a reprimand does not restrict the student in any way, but does have important consequences. It signifies to the student that he or she is, in effect, being given another chance to conduct himself or herself as a proper member of the facility community, but that any further violation may result in more serious penalties.(d) Restriction. A restriction upon a student's privilege for a period of time may be imposed. This restriction may include, for example, denial of the right to represent the institution in any way, denial of the right to use of facilities, denial of parking privileges, denial of the right to participate in extracurricular activities, or restriction to the facility grounds.(e) Probation. Continued enrollment of a student on probation may be conditioned upon adherence to these regulations. Any student placed on probation will be notified of such in writing and will also be notified of the terms and length of the probation. Probation may include restrictions upon the extracurricular activities of a student. Any conduct in violation of these regulations while on probationary status may result in the imposition of a more serious disciplinary sanction.(f) Suspension. If a student is suspended, he or she is separated from the facility for a stated period of time with conditions of readmission stated in the notice of suspension.(g) Expulsion. 1. Expulsion with Option to Reapply. Expulsion entails separation from the facility for serious or continuous violations of Center rules and regulations. Students expelled with an option to reapply will be so informed at the time of expulsion. Students will be given a stated period of time, usually six (6) months, after which they may reapply for TRC services. An application for readmission will be considered by the Admissions Committee and judged against standard admission criteria used for all incoming students.2. Permanent Expulsion. This sanction entails permanent separation from the facility. The imposition of this sanction is a permanent bar to the student's readmission to the Tennessee Rehabilitation Center. This is the most severe disciplinary action available to the Center and is used only when Center officials determine that the student cannot be rehabilitated in the setting of a comprehensive rehabilitation center. Permanent expulsion does not necessarily mean the student loses access to rehabilitation services. Services can be provided through the sponsoring counselor or at other appropriate rehabilitation sites.(h) Interim or Summary Suspension. Summary suspension may be imposed upon a finding by the appropriate institutional official that the continued presence of the accused on the facility premises poses continuing danger to persons or property or poses an ongoing threat of disrupting the academic or rehabilitative process. In any case of immediate suspension, the student shall be provided the opportunity for an administrative review/fair hearing on the suspension as soon as possible.(2) The administrator of the facility is authorized, in his or her discretion, to subsequently convert any sanction imposed to a lesser sanction, or to rescind any previous sanction, in appropriate cases.Tenn. Comp. R. & Regs. 1240-08-09-.05
Original rule filed June 30, 1980; effective August 14, 1980. Transferred from the Department of Education by Executive Order No. 43; effective February 11, 1983. Amendment filed June 28, 1983; effective July 28, 1983. Repeal and new rule filed June 30, 2009; effective September 13, 2009.Authority: T.C.A.. § 4-5-202;71-1-105(12); 49-11-605.