Section 1720-02-05-.08 - HEARING OFFICER HEARINGS(1) Hearing Officer. A Hearing Officer Hearing is held before and conducted by a Hearing Officer. The Hearing Officer serves as the decision-maker in determining whether the Respondent is responsible for the charged Code violation(s) and the disciplinary sanction(s), if any, to be imposed. A Hearing Officer is a University employee selected by the Office of Student Conduct. Hearing Officers are trained by the Office of Student Conduct to conduct Hearing Officer Hearings in accordance with the Code.(2) Fairness & Impartiality. The Hearing Officer will be fair and impartial, and any party to a Hearing Officer Hearing has the right to challenge the fairness or impartiality of the Hearing Officer. Any Hearing Officer lacking fairness or impartiality will recuse himself or herself or may, for good cause and at the discretion of the Vice Chancellor for Student Affairs (or his or her designee), be removed from serving as Hearing Officer for the hearing.(3) Notice. If the Respondent timely requests a Hearing Officer Hearing in accordance with Section .07(1)(b) of this Chapter, the Hearing Officer will send the Respondent (and the Complainant, where provided by law or University rules or policy) notice of the time, place, and date of the hearing at least five (5) business days in advance of the date of the hearing. Notwithstanding any provisions in the Code to the contrary, including this Section .08(3), and except in cases involving a Complainant, if the Respondent requests at the Preliminary Meeting to hold a Hearing Officer Hearing immediately following the Preliminary Meeting, the Hearing Officer may agree to hold the hearing as requested. In such case, a Notice of Charges and a notice of hearing will not be provided to the Respondent.(4) Hearing Procedure. A Hearing Officer will conduct a Hearing Officer Hearing in accordance with the following general procedures and rules: (a) The hearing will be closed to the public.(b) The Hearing Officer will determine all procedural questions.(c) The Respondent (and the Complainant in certain cases, as provided by law or University rules or policy) will be considered a party to the proceeding.(d) Each party (and their respective advisors, if any) will be allowed to attend the portion of the hearing during which questioning is conducted and information is received by the Hearing Officer.(e) Each party will be afforded a full and fair opportunity to present all evidence, including witness testimony, that reasonably relates to the charge or action at issue.(f) The Hearing Officer may limit the presentation of evidence which is irrelevant or unreasonably repetitious or voluminous.(g) The Hearing Officer will consider all evidence presented and give due consideration to the credibility or weight of the information presented. Technical rules of evidence, such as evidentiary rules applicable to civil or criminal court proceedings, will not apply.(h) The Hearing Officer will apply the preponderance of the evidence standard in determining whether or not the Respondent is responsible for the charged Code violation(s).(i) An appropriate record of the hearing proceedings will be made. An audio or video record may be made of the hearing. Defects in the record will not invalidate the proceedings.(j) Following the conclusion of the hearing, the Hearing Officer will provide each party with a Notice of Decision setting forth the Hearing Officer's decision on responsibility and, if applicable, the disciplinary sanctions to be issued against the Respondent and their effective date.(5) Multiple Respondents. In cases involving more than one (1) Respondent, the Hearing Officer has the discretion to hold one (1) hearing for all of the Respondents or separate hearings for each Respondent. Any Respondent may, prior to the hearing, request that his or her hearing be conducted separately from the other Respondent(s). Such a request must be made in writing to the Hearing Officer using the form(s) provided by the University. The Hearing Officer will decide whether or not to grant such a request, and the Hearing Officer's decision will be final.(6) Failure to Appear. If proper notice of the Hearing Officer Hearing is provided to the Respondent in accordance with Section .08(3) of this Chapter but the Respondent fails to appear at the hearing, the Respondent waives the right to contest the charge(s), and the Office of Student Conduct may issue a Notice of Decision to the Respondent in accordance with Section .13(3) of this Chapter. Notwithstanding the provisions of this Section .08(6), the Office of Student Conduct may decline to issue a Notice of Decision and permit the Respondent to contest the charge(s) through a Hearing Officer Hearing upon a showing of good cause by the Respondent for his or her failure to appear.(7) Prohibition of Complainant's Participation. Notwithstanding any provisions of the Code to the contrary, including, without limitation, in this Section .08, a Complainant or other student not designated as a Respondent will not have the right to attend or participate in a Hearing Officer Hearing or otherwise receive information concerning the hearing if such attendance, participation, or receipt of information would violate federal or state law.(8) Appeal. The decision of the Hearing Officer may be appealed to the Vice Chancellor for Student Affairs in accordance with Section .12 of this Chapter.Tenn. Comp. R. & Regs. 1720-02-05-.08
Original rule filed September 15, 1976; effective October 15, 1976. 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. 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. § 49-9-209(e); Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5; and Public Acts of Tennessee, 1807, Chapter 64.