Tenn. Comp. R. & Regs. 1720-04-03-.05

Current through October 22, 2024

Section 1720-04-03-.05 - FUNDAMENTAL RIGHTS

(1) Rights of the Respondent. The following summarizes the rights granted to a Respondent in the student conduct process:

(a) Right to be assisted by an Advisor during all stages of the student conduct process, in accordance with Section .05(3);

(b) Right to an opportunity for an Educational Conference, in accordance with Section .06(5);

(c) Right to resolve allegations of misconduct and/or sanctions through a Formal Hearing, in accordance with Section .07(2);

(d) Right to receive notice of meetings and hearings at which the Respondent may be present and receive access to records used during those meetings and hearings, as provided in the Code;

(e) Right to the presumption that the Respondent is not responsible for the allegations of misconduct (i.e., the University bears the burden of presenting information demonstrating that it is more likely than not that the Respondent violated a Standard of Conduct);

(f) Right to not be directly questioned in a hearing by anyone other than the Student Life Hearing Officer ("SLHO") or the Chairperson of the Student Conduct Board ("SCB"), except when a Title IX Hearing must be held in accordance with Section .09;

(g) Right to challenge the fairness and/or impartiality of a SLHO, a member of the SCB, a member of the Appellate Board, or a Title IX Hearing Officer;

(h) Right to have a SLHO Hearing or SCB Hearing conducted in accordance with Section .08, including, without limitation, the right to present information to the SLHO or SCB, the right to propose questions for the SLHO or Chairperson to ask witnesses, the right to request that information be excluded from the SLHO or SCB's consideration, and the right to make a closing statement, except when a Title IX Hearing must be held in accordance with Section .09;

(i) Right to refrain from presenting information and witnesses during a hearing before the SLHO, the SCB, or the Title IX Hearing Officer, and the right to not have the SLHO, the SCB, or the Title IX Hearing Officer draw an inference adverse to the Respondent if the Respondent chooses not to present information or witnesses;

(j) Right to Notice of Decision of the SLHO, SCB or Title IX Hearing Officer, in accordance with Section .08(5) and Section .09(7);

(k) Right to appeal the decisions of the SLHO, SCB or a Title IX Hearing Officer that are contained in the Notice of Decision, in accordance with Section .08(6) and Section .09(9);

(l) Right to receive a copy of a notice of an initial, interim, or final decision, or a change in such a decision, issued by the Vice Chancellor for Student Life, SCCS, a SLHO, the SCB, the Appellate Board, and/or a Title IX Hearing Officer (e.g., Notice of Allegations, Notice of Decision, Notice of Final Decision), simultaneously with the Complainant's receipt of a copy of the notice of the decision; and

(m) Right to appeal a decision issued by SCCS, a SLHO, the SCB, or a Title IX Hearing Officer and receive a notice containing information about the right to appeal simultaneously with the Complainant's receipt of a notice of such information, in accordance with Section .07, Section .08, and Section .09.

(2) Rights of the Complainant.

(a) A Complainant shall be granted equivalent rights to the rights granted to a Respondent under the Code including, without limitation:

1. Right to meet with SCCS to ask questions and receive information about the student conduct process, including, without limitation, the status of an investigation;

2. Right to receive notice of meetings and hearings at which the Complainant may be present and receive access to records used during those meetings and hearings, as provided in the Code;

3. Right to be assisted by an Advisor during all stages of the student conduct process, in accordance with Section .05(3);

4. Right to present information and witnesses during meetings and hearings, including, without limitation, investigations, or hearings before a Student Life Hearing Officer ("SLHO"), the Student Conduct Board ("SCB"), or a Title IX Hearing Officer;

5. Right to not be directly questioned in a hearing by anyone other than the SLHO or the Chairperson of the Student Conduct Board ("SCB"), except when a Title IX Hearing must be held in accordance with Section .09;

6. Right to challenge the fairness and/or impartiality of a SLHO, a member of the SCB, a member of the Appellate Board, or a Title IX Hearing Officer;

7. Right to receive a copy of a notice of an initial, interim, or final decision, or a change in such a decision, issued by the Vice Chancellor for Student Life, SCCS, a SLHO, the SCB, the Appellate Board, and/or a Title IX Hearing Officer (e.g., Notice of Allegations, Notice of Decision, Notice of Final Decision), simultaneously with the Respondent's receipt of a copy of the notice of the decision;

8. Right to appeal a decision issued by SCCS, a SLHO, the SCB, or a Title IX Hearing Officer and receive a notice containing information about the right to appeal simultaneously with the Complainant's receipt of a notice of such information, in accordance with Section .07, Section .08, and Section .09; and/or

9. Right to otherwise participate in the student conduct process.

(b) Notwithstanding any provision of the Code to the contrary, including, without limitation, this Section .05(2), a Complainant shall not have the right to attend a meeting or hearing, receive information concerning, or otherwise participate in the student conduct process if such attendance, receipt of information, or participation would violate state or federal law.

(3) Right to an Advisor. The Complainant and the Respondent may choose to be assisted by one (1) Advisor during all stages of the student conduct process.

(a) Selection of an Advisor. SCCS encourages a Complainant or a Respondent who chooses to be assisted by an Advisor to consider selecting a University employee or student who has received training from SCCS about the student conduct process. The Complainant and the Respondent may obtain the names of trained advisors from SCCS. 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 (e.g., friend, 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 scheduled by SCCS because meeting and hearing delays generally will 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 (selected by the University) without fee or charge to that party.

(b) Role of an Advisor. 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 (who may be, but is not required to be, an attorney) 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 .09(5)(f). In a Uniform Administrative Procedures Act ("UAPA") Hearing, the Complainant and the Respondent may have an attorney advocate on their behalf, in accordance with state law.

(c) Notification of the Right to Have an Advisor. SCCS shall provide written notice to the Complainant and the Respondent of their rights to an Advisor. The notice shall contain an explanation of the role of an Advisor during the student conduct process.

Tenn. Comp. R. & Regs. 1720-04-03-.05

Original rule filed May 27, 1986; effective August 12, 1986. Amendment filed March 22, 1990; effective June 26, 1990. Amendment filed October 31, 1990; effective January 29, 1991. Amendment filed August 31, 1995; effective December 30, 1995. Amendment filed November 17, 2000; effective March 30, 2001. Repeal and new rule filed April 12, 2012; effective September 28, 2012. Emergency rule filed August 12, 2015; effective through February 8, 2016. Amendment filed September 14, 2015; effective December 13, 2015. Repeal and new rules filed May 24, 2017; effective August 22, 2017. 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 March 17, 2021. Amendments filed May 14, 2021; effective 8/12/2021.

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.