Section 1720-02-05-.14 - INTERIM ACTIONS(1) In certain situations, the University may impose interim actions prior to the conclusion of the student conduct process. The University will determine the appropriate interim actions based on the totality of the circumstances. Interim actions are not disciplinary sanctions and are taken to protect the safety, security, and welfare of the Complainant, Respondent, the University community, and/or University property.(2) No-Contact Directive. In cases involving allegations of harassment, assault, physical injury, sexual harassment, sexual assault, dating violence, domestic violence, stalking, sexual exploitation, and/or retaliation, or where there is reason to believe continued contact between a student and a specific person may interfere with that specific person's security, safety, or ability to participate in work or studies, the University may issue a No-Contact Directive to the student that prohibits the student from having verbal, physical, written, and/or electronic contact, either directly or indirectly through a third party or other means, with the specific person for a definite or indefinite period of time. The student will receive written notice of the No-Contact Directive. Any student, faculty or staff member or other person with a reasonable justification may request a No-Contact Directive. Any violation of a No-Contact Directive will be considered a violation of the Code and a risk to the health, safety or welfare of the person whom the student is prohibited from contacting under the directive, and may result in disciplinary sanctions or additional interim actions against the student. A No-Contact Directive may be issued to a student organization under the same circumstances and conditions as provided under this Section .14(1).(3) Disciplinary Hold. A Disciplinary Hold is an encumbrance on a student's University record that prevents the student from registering for classes, receiving grades, transcripts, and/or academic credit, and being awarded a degree, until the reason for the hold is resolved. The Office of Student Conduct may place a Disciplinary Hold on a student's University record while allegations of Code violation(s) against the student are under investigation, disciplinary proceedings and/or sanctions against the student are pending or incomplete, or in accordance with other University rules or policies.(4) Interim Restriction. When the Office of Student Conduct has reasonable cause to believe that the continued presence of a Respondent (student or student organization) on certain University-controlled property or at certain University-affiliated activities (i) poses a risk to the health, safety, or welfare of others or to property; or (ii) poses a risk of disruption of or interference with the normal operations of the University, the Office of Student Conduct may impose an interim restriction and/or condition ("Interim Restriction") on the Respondent prior to the resolution of the allegations of Code violation(s) against the Respondent in the student conduct process. Examples of Interim Restrictions include, without limitation, restrictions on the Respondent's privileges to participate in University-affiliated activities, restrictions on the Respondent's privileges to access certain University-controlled property, and the Respondent's interim removal and/or reassignment from University-controlled housing. Restrictions imposed on a Respondent under a No-Contact Directive are not Interim Restrictions. (a) The Respondent will be provided written notice of the Interim Restriction and the basis for the Interim Restriction. Unless otherwise determined by the Office of Student Conduct, the Interim Restriction will remain in effect until the conclusion of the student conduct process, which should be completed without undue delay.(b) If the Respondent wishes to contest the Interim Restriction, the Respondent must request in writing to meet with the Vice Chancellor for Student Affairs within three (3) business days of the effective date of the notice of the Interim Restriction. Upon receipt of a timely request for a meeting, the Vice Chancellor for Student Affairs (or his or her designee) will schedule a meeting with the Respondent at which the Respondent will be offered the opportunity to discuss the following issues only: (i) the reliability of the information concerning the Respondent's conduct on which the Interim Restriction was issued; and (ii) whether the conduct and surrounding circumstances reasonably indicate that the Respondent's continued presence on certain University- controlled property or at certain University-affiliated activities poses a risk to the health, safety, or welfare of others or to property, or a risk to the disruption of or interference with the normal operations of the University. At the conclusion of the meeting, the Vice Chancellor for Student Affairs (or his or her designee) may remove, modify, or maintain the Interim Restriction and will notify the Respondent of his or her decision in writing.(c) Violations of the terms of an Interim Restriction may result in disciplinary sanctions and/or additional interim actions against the Respondent, and the Respondent may be treated as a trespasser.(5) Interim Suspension. When the Vice Chancellor for Student Affairs has reasonable cause to believe that the continued presence of a Respondent (student or student organization) on University-controlled property or at University-affiliated activities (i) poses a significant risk of substantial harm to the health or safety of others or to property; or (ii) poses an ongoing or imminent threat of disruption to or interference with the normal operations of the University, the Vice Chancellor for Student Affairs may impose an Interim Suspension on the Respondent prior to the resolution of the allegations of Code violation(s) against the Respondent in the student conduct process. During an Interim Suspension, the Respondent shall be denied access to University-controlled property, including residence halls, and all other University-affiliated activities or privileges for which the Respondent might otherwise be eligible, as the Vice Chancellor for Student Affairs determines in his or her sole discretion to be appropriate. (a) The Respondent will be provided written notice of the Interim Suspension and the basis for the Interim Suspension. Unless otherwise determined by the Vice Chancellor for Student Affairs, the Interim Suspension will remain in effect until the conclusion of the student conduct process, which should be completed without undue delay.(b) If the Respondent wishes to contest the Interim Suspension, the Respondent must request in writing to meet with the Vice Chancellor for Student Affairs within three (3) business days of the effective date of the written notice of the Interim Suspension. Upon receipt of a timely request for a meeting, the Vice Chancellor for Student Affairs (or his or her designee) will schedule a meeting with the Respondent at which the Respondent will be offered the opportunity to discuss the following issues only: (i) the reliability of the information concerning the Respondent's conduct on which the Interim Suspension was issued; and(ii) whether the conduct and surrounding circumstances reasonably indicate that the Respondent's continued presence on certain University-controlled property or at certain University-affiliated activities poses a significant risk of substantial harm to the health, safety, or welfare of others or to property, or an ongoing or imminent threat of disruption to or interference with the normal operations of the University. At the conclusion of the meeting, the Vice Chancellor for Student Affairs (or his or her designee) may remove, modify, or maintain the Interim Suspension and will notify the Respondent of his or her decision in writing.(c) Violations of the terms of an Interim Suspension may result in disciplinary sanctions and/or additional interim actions against the Respondent, and the Respondent may be treated as a trespasser. During an Interim Suspension, permission to be on University-controlled property or participate in University-affiliated activities may be granted by the Vice Chancellor for Student Affairs.(6) Notwithstanding any provisions in this Section .14 to the contrary, in any case in which a Formal Complaint is filed alleging Title IX Allegations, the Vice Chancellor for Student Affairs may impose an interim suspension on a Respondent only after undertaking an individualized safety and risk analysis, and determining that an immediate threat to the physical health or safety of any student or other individual arising from the allegations of Sexual Harassment justifies removal of the Respondent. The Vice Chancellor for Student Affairs will provide the Respondent notice and an opportunity for the Respondent to challenge an interim suspension within three (3) business days.Tenn. Comp. R. & Regs. 1720-02-05-.14
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-.13 but was renumbered 1720-02-05-.14 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-.13 but was renumbered 1720-02-05-.14 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.