Section 1720-02-05-.13 - CONCLUSION OF THE STUDENT CONDUCT PROCESSA case involving alleged violations of the Code by a Respondent may be concluded in one (1) of the following ways:
(1) No-Action Determination. If the Office of Student Conduct determines at any point in the student conduct process that no action will be taken against the Respondent regarding alleged violations of the Code, it will issue a Notice of Decision to the Respondent setting forth the decision.(a) The Office of Student Conduct, in its discretion, may determine that no action be taken against a Respondent based on, without limitation, the following reasons: 1. A determination that, based on a preponderance of the evidence, Respondent did not engage in the alleged Code violation(s);2. A determination that it does not have sufficient information or witnesses to move forward in the student conduct process; and/or3. The Complainant declines to participate in the student conduct process.(b) After making a no-action determination, the Office of Student Conduct may reinitiate the student conduct process with respect to the alleged Code violations against the Respondent at any time for good cause, including, without limitation, the discovery of new relevant and material information or a decision by the Complainant to participate in the student conduct process.(2) Behavioral Agreement. A case involving alleged violations of the Code will be concluded when the Respondent signs a behavioral agreement as provided under Section .07(5) of this Chapter.(3) Failure to Contest. If the Respondent: (i) fails to request in writing a Formal Hearing to contest the charge(s) as provided under Section .07(1)(c) of this Chapter;(ii) fails to appear at a Hearing Officer Hearing or Student Conduct Board Hearing for which the proper notice was provided to the Respondent in accordance with the Code; or(iii) signs a written waiver of his or her right to contest the Code violation charge(s) through a Formal Hearing, the Office of Student Conduct may issue a Notice of Decision to the Respondent finding the Respondent responsible for the charge(s) and imposing the disciplinary sanctions proposed in the Notice of Charges. A decision issued pursuant to this Section .13(3) is not subject to appeal. The Office of Student Conduct may decline to issue a Notice of Decision upon a showing of good cause by the Respondent for his or her failure to timely request a Formal Hearing or to appear at a properly noticed Hearing Officer Hearing or Student Conduct Board Hearing.(4) Resolution Agreement. A case will be concluded when a Resolution Agreement resolving the Code violation charge(s) is signed by the Respondent and becomes final and binding in accordance with Section .07(2) of this Chapter.(5) Alternative Resolution Agreement. A case will be concluded when the allegations or charges of violations of the Code against the Respondent are resolved through an Alternative Resolution Agreement as provided under Section .07(3) of this Chapter.(6) Informal Resolution. The student conduct process concludes when an Informal Resolution is agreed upon in accordance with Section .07(4) of this Chapter.(7) Final Decision - Formal Hearing. In a case in which a Formal Hearing is held and the Respondent does not enter into a Resolution Agreement, the case will be concluded when a decision resolving the Code violation charge(s) is issued and is final. A decision is considered final when it is not appealed, is not subject to an appeal, or all appeals have been exhausted.Tenn. Comp. R. & Regs. 1720-02-05-.13
Original rule filed April 17, 2012; effective September 28, 2012. Repeal and new rule filed September 30, 2019; effective December 29, 2019. Rule was previously numbered 1720-02-05-.12 but was renumbered 1720-02-05-.13 with the introduction of emergency rule 1720-02-05-.10 filed August 13, 2020; effective through February 9, 2021. Emergency rules filed August 13, 2020; effective through February 9, 2021. Emergency rules expired February 10, 2021, and the rules reverted to their previous statuses and numbering. Rule was previously numbered 1720-02-05-.12 but was renumbered 1720-02-05-.13 with the introduction of new rule 1720-02-05-.10 filed December 17, 2020; effective March 17, 2021. 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.