Section 1240-08-09-.06 - RIGHT TO ADMINISRATIVE REVIEW AND/OR FAIR HEARINGStudents may request due process review of a sanction imposed upon them and are to be offered all levels of appropriate review as set forth herein prior to the imposition of the sanction, except for those circumstances justifying temporary removal or exclusion.
(1) Supervisory Review. All students who have been notified that they will be sanctioned shall be afforded the opportunity to request and receive a supervisory review of the events leading to disciplinary action with the Regional Facilities Supervisor. The supervisory review is available in all cases of sanction less severe than suspension or expulsion.(2) Administrative Review. Students may elect to have an administrative review in cases of suspension, expulsion, summary suspension, or in any other circumstances deemed appropriate by the administrative official. If the student elects to have an administrative review, he/she will be informed that the administrative review will be held within twenty-four (24) hours of the date of receipt of notice. Immediately, the student will be informed in writing of the following: date and time of review, that the review will consider the allegations of the statement of misconduct contained in the original notification, that the student will have a right to make a personal appearance to present evidence, call witnesses in his/her behalf, and to question staff. This notice is to be formally presented in writing to the student and attached to the notice of violation. The TRC Superintendent or designee will notify the student in writing of his or her decision. The sanction will be imposed after a determination by the administrative official. If it is determined through the administrative appeal that a reversal of the previous decision is imminent, the student shall be reinstated to his/her former status immediately. Further appeals are available under the fair hearing procedures of the Division of Appeals and Hearings.(3) Fair Hearings. Any student who has been notified that he/she will be suspended, expelled, or directed to make restitution has the right to request and receive a fair hearing on the action, as provided in Chapter 1240-05-01. The student may proceed to a fair hearing request without first requesting or receiving an administrative review.(4) Right to Administrative Review and/or Fair Hearing. Right to Administrative Review and/or Fair Hearing policies also applies to the Tennessee Vocational Training Center facilities program and is identical to the statement above concerning the Tennessee Rehabilitation Center program, except that the supervisory review will be conducted by the Center Manager and the administrative review will be conducted by the Regional Facilities Supervisor.Tenn. Comp. R. & Regs. 1240-08-09-.06
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); 49-11-604.