Section 1720-02-05-.05 - DUE PROCESS RIGHTS AND CONFLICTS OF INTEREST(1) Rights of the Respondent. A Respondent will have the following rights during the student conduct process:
(a) The right to a prompt, thorough, and equitable investigation.(b) The right to meet with the Office of Student Conduct to ask questions and receive information about the student conduct process, including, without limitation, the status of an investigation.(c) The right to be informed of all alleged Code violation(s) or charges in writing. The date, time, and place of occurrence of the alleged Code violation(s) will be stated in the written notice.(d) The right to remain silent in any investigation, meeting, or hearing.(e) The right to a fair and equitable hearing.(f) The right to the initial presumption that the Respondent is not responsible for the alleged Code violation(s).(g) The right to receive notice of hearings at which the Respondent may be present.(h) The right to access any information or documents that will be used during a hearing, unless prohibited by law, and in a Title IX Hearing, the right to access and refer to any evidence obtained as part of the investigation that is directly related to the Title IX Allegations.(i) The right to challenge, for good cause, the fairness and/or impartiality of any Hearing Officer, Student Conduct Board Chairperson, Student Conduct Board member, Title IX Hearing Officer, or UAPA Administrative Judge. The Vice Chancellor for Student Affairs (or his or her designee) will decide on challenges to Hearing Officers, Student Conduct Board Chairpersons, or Title IX Hearing Officers. The Student Conduct Board Chairperson will decide on challenges to Student Conduct Board members. Challenges to UAPA Administrative Judges will be decided according to the UAPA Hearing procedures under Chapter 1720-01-05.(j) The right to challenge all charges and testimony against the Respondent; to present witnesses and other evidence; and to challenge the admissibility or relevance of evidence.(k) The right not to be questioned directly by the Complainant during a hearing, unless otherwise provided by federal or state law.(l) The right to be informed in writing of the decision of the decision-maker in a case, and if applicable, the proper procedure for appealing the decision.(m) The right to appeal the decision of the decision-maker in a Hearing Officer Hearing, Student Conduct Board Hearing, Title IX Hearing, or UAPA Hearing.(n) The right to be assisted by an advisor during all stages of the student conduct process in accordance with Section .05(3) of this Chapter.(2) Rights of the Complainant. A Complainant will have the following equivalent rights granted to a Respondent during the student conduct process, unless otherwise provided by federal or state law:
(a) The right to a prompt, thorough, and equitable investigation.(b) The right to meet with the Office of Student Conduct to ask questions and receive information about the student conduct process, including, without limitation, the status of an investigation.(c) The right to remain silent in any investigation, meeting, or hearing.(d) The right to receive notice of any hearings at which the Complainant may be present.(e) The right to access any information or documents that may be used during a hearing, unless prohibited by law, and in a Title IX Hearing, the right to access and refer to any evidence obtained as part of the investigation that is directly related to the Title IX Allegations.(f) The right to challenge, for good cause, the fairness and/or impartiality of any Hearing Officer, Student Conduct Chairperson, Student Conduct Board member, Title IX Hearing Officer, or UAPA Administrative Judge. The Vice Chancellor for Student Affairs (or his or her designee) will decide on challenges to Hearing Officers, Student Conduct Board Chairpersons, or Title IX Hearing Officers. The Student Conduct Board Chairperson will decide on challenges to Student Conduct Board members. Challenges to UAPA Administrative Judges will be decided according to the UAPA Hearing procedures under Chapter 1720-01-05.(g) The right to challenge all testimony against the Complainant; to present witnesses and other evidence; and to challenge the admissibility or relevance of evidence.(h) The right not to be questioned directly by the Respondent during a hearing, unless otherwise provided by federal or state law.(i) The right to be informed in writing of the decision of the decision-maker in a case, and if applicable, the proper procedure for appealing the decision.(j) If applicable and where provided by law or University rules or policy, the right to appeal the decision of the decision-maker in a Hearing Officer Hearing, Student Conduct Board Hearing, Title IX Hearing, or UAPA Hearing.(k) The right to be assisted by an advisor during all stages of the student conduct process in accordance with Section .05(3) of this Chapter.(3) Right to an Advisor. (a) The Complainant and the Respondent each may choose to be assisted by one (1) advisor during all stages of the student conduct process.(b) The University encourages a Complainant or Respondent who chooses to be assisted by an advisor to consider selecting a University employee who has received training about the student conduct process from the Office of Student Conduct. The Complainant and the Respondent may obtain the names of trained advisors from the Office of Student Conduct. At their own expense, the Complainant and the Respondent may choose a person who is not employed by the University to serve as an advisor. That person may be, but is not required to be, an attorney. The Complainant and the Respondent should select as an advisor a person whose schedule allows attendance at the scheduled date, time, and place for meetings and hearings, as delays will generally not be granted due to the scheduling conflicts of an advisor. If a Complainant or Respondent does not have an advisor present at a Title IX Hearing, the University must provide one (1) (selected by the University) without fee or charge to that party.(c) The role of an advisor is limited to assisting, advising, and/or supporting a Complainant or Respondent during the student conduct process, including at all meetings, investigative interviews, and hearings. An advisor is not permitted to speak for or on behalf of a Complainant or Respondent, appear in lieu of a Complainant or Respondent, participate as a witness, or participate directly in any other manner during any phase of the student conduct process, except in a Title IX Hearing. In a Title IX Hearing, the advisor is permitted to speak on behalf of a Complainant or Respondent for the purposes of asking questions of the other party and witnesses, in accordance with Section .10 of this Chapter. In a UAPA Hearing, the Complainant and the Respondent are entitled to be represented by legal counsel at their own expense, and in accordance with state law.(4) Restrictions on Participation Imposed by Law. Notwithstanding any provisions of the Code to the contrary, including, without limitation, any provisions in this Section .05, a Complainant will not have the right to attend a meeting or hearing, receive information concerning a case, or otherwise participate in the student conduct case, if such attendance, receipt of information, or participation would violate federal or state law.(5) Rights in Sexual Harassment, Sexual Assault, Dating Violence, Domestic Violence, Stalking, Sexual Exploitation, and/or Retaliation Cases. Notwithstanding any provisions of the Code to the contrary, including, without limitation, any provisions in this Section .05, in cases involving alleged violations of Standard of Conduct 7 under Section .04(7) of this Chapter, the Complainant and Respondent will have the rights outlined in this Section .05 and any additional rights granted in the University's Policy on Sexual Harassment, Sexual Assault, Dating and Domestic Violence, and Stalking and University rules, in accordance with Title IX of the Education Amendments of 1972, the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, and other applicable laws.(6) Conflicts of Interest. (a) The student conduct process must be carried out in a manner that is free from conflicts of interest or bias consistent with due process of law.(b) In all cases involving alleged conduct that violates the University's Policy on Sexual Harassment, Sexual Assault, Dating and Domestic Violence, and Stalking, the student conduct process must include protections for the Respondent analogous to, and no less protective than, the conflict of interest provisions of Tenn. Code Ann. § 4-5-303. Notwithstanding the preceding sentence: (i) an attorney for the University is allowed to provide legal advice to multiple University employees who serve in different roles in the student conduct process; and(ii) the University is allowed to provide the Complainant with equivalent rights as the Respondent during the student conduct process.Tenn. Comp. R. & Regs. 1720-02-05-.05
Original rule filed September 15, 1976; effective October 15, 1976. Repeal filed August 22, 1980; effective November 5, 1980. Repealed by Public Chapter 575; effective July 1, 1986. New rule filed May 27, 1986; effective August 12, 1986. Amendment filed June 22, 2006; effective October 27, 2006. Repeal and new rule filed April 17, 2012; effective September 28, 2012. Emergency rule filed August 27, 2015; effective February 23, 2016. Amendment filed September 14, 2015; effective December 13, 2015. Repeal and new rule filed September 30, 2019; effective December 29, 2019. Emergency rules filed August 13, 2020; effective through February 9, 2021. Emergency rules expired effective February 10, 2021, and the rules reverted to their previous statuses. Amendments filed December 17, 2020; effective 3/17/2021.Authority: T.C.A. §§ 4-5-101, et seq., 49-7-1703(a), 49-7-1704(a) and (d), and 49-9-209(e); Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5; and Public Acts of Tennessee, 1807, Chapter 64.