Section 1720-04-03-.07 - STUDENT CONDUCT PROCESS: RESOLUTIONS(1) Resolution by Agreement.(a) Purpose and Effects of a Resolution Agreement. At any time during the student conduct process, a Respondent may resolve allegations of misconduct (other than Title IX Allegations) by signing a Resolution Agreement proposed by SCCS. By signing a Resolution Agreement, the Respondent: 1. accepts responsibility for violating the Standards of Conduct;2. agrees to the imposition of the sanction(s); and3. waives all rights the Respondent may have to resolve the allegations through a Formal Hearing. A Resolution Agreement is not valid until it is signed by both the Respondent and SCCS.(b) Revocation or Appeal of a Resolution Agreement. The Respondent may not revoke or appeal a Resolution Agreement signed by the Respondent.(c) Resolution Agreement - Sexual Harassment, Sexual Assault, Dating Violence, Domestic Violence, Stalking, Sexual Exploitation, or Retaliation. In a case involving a Formal Complaint of sexual harassment, sexual assault, dating violence, domestic violence, stalking, sexual exploitation or retaliation that does not include Title IX Allegations, SCCS will notify the Complainant about the proposed Resolution Agreement in writing and provide the Complainant with the opportunity to object to the proposed Resolution Agreement. A Complainant must notify SCCS of his/her objection in writing within five (5) business days from the date that SCCS informs the Complainant about the proposed Resolution Agreement. If the Complainant timely informs SCCS of his/her objection, then SCCS may address the Complainant's objection by modifying the proposed Resolution Agreement that is agreeable to both the Respondent and the Complainant and having the Respondent sign the modified Resolution Agreement. Otherwise, SCCS will continue the student conduct process and resolve the allegations against the Respondent in accordance with the Code. Formal Complaints of sexual harassment, sexual assault, dating violence, domestic violence, stalking, or sexual exploitation that include Title IX Allegations may not be resolved through a Resolution Agreement but may be resolved through an Informal Resolution set forth in Section .07(4).(2) Resolution by Formal Hearing.(a) Types of Formal Hearings. A Formal Hearing is a process through which a Respondent has a right to contest allegations of misconduct and/or the sanctions proposed by SCCS by presenting information (including, without limitation, witnesses) to a decision maker other than the University employee(s) who conducted the investigation and/or Educational Conference. The Code provides for four (4) types of Formal Hearings, depending on the gravity of the disciplinary sanctions that have been proposed by SCCS and the nature of the allegations: 1. A hearing before a Student Life Hearing Officer, which is described in Section .07(2)(d);2. A hearing before the SCB ("SCB Hearing"), which is described in Section .08;3. A hearing before a Title IX Hearing Officer ("Title IX Hearing"), which is described in Section .09, and which is the only Formal Hearing provided under the Code for determining responsibility for Title IX Allegations; and4. A contested case hearing under the Uniform Administrative Procedures Act ("UAPA Hearing"), which is conducted in accordance with the University's procedures for conducting contested case proceedings under the UAPA, Chapter 1720-01-05.(b) Rights to a Formal Hearing. A Respondent has the right to a Formal Hearing in every case before a Respondent can be found responsible for the alleged violation of the Standards of Conduct. In every case other than those that include Title IX Allegations, the Respondent has the right to resolve allegations of misconduct and/or proposed sanctions through a hearing before a Student Life Hearing Officer. In every case other than those that include Title IX Allegations, a Respondent also has the right to resolve allegations of misconduct and/or the proposed sanctions through a SCB Hearing or a UAPA Hearing when SCCS proposes one (1) or more of the following sanctions: 4. University housing removal;5. withholding of degree;6. revocation of degree; or7. revocation or suspension of the student organization's University registration. Both Complainants and Respondents have the right to a Title IX Hearing when a Formal Complaint includes Title IX Allegations.(c) How to Request a Formal Hearing. In every case other than those that include Title IX Allegations, a Formal Hearing may be requested by the Respondent only in writing using the form(s) approved by SCCS. Orally requesting a Formal Hearing shall not constitute a valid request for a Formal Hearing. If a Respondent timely requests a Formal Hearing and has a right to have either a UAPA Hearing or a SCB Hearing, then the University will conduct a UAPA Hearing unless the Respondent executes a written waiver of the right to a UAPA Hearing.(d) Hearing before a Student Life Hearing Officer. A Student Life Hearing Officer is a University employee designated and trained by SCCS to conduct a Formal Hearing consistently with the procedures outlined in the Code for SCB Hearings (e.g., Section .08), except as provided in this Section .07(2)(d). In conducting a Formal Hearing, a Student Life Hearing Officer has the same authority of the Chairperson of the SCB except that, unlike the Chairperson of the SCB, but like the voting members of the SCB, the Student Life Hearing Officer is the decision maker concerning whether the Respondent violated the Standards of Conduct, and, if so, what sanction(s) to impose. The decision of a Student Life Hearing Officer may be appealed to the Appellate Board using procedures consistent with the procedures outlined in the Code for appeals of decisions of the SCB.(e) Consequences of Failing to Timely Elect a Formal Hearing. If the Respondent fails to elect a Formal Hearing within five (5) business days of SCCS transmitting a Notice of Sanctions in writing to the Respondent, then the Respondent waives all rights to a Formal Hearing, and SCCS has the discretion to deem the Respondent to have accepted SCCS's determination of responsibility for misconduct and may impose sanction(s) deemed appropriate by SCCS (unless SCCS extends the time for the Respondent to request a Formal Hearing for good cause). If SCCS extends the time for the Respondent to request a Formal Hearing and the Respondent fails to elect a Formal Hearing within the additional time granted by SCCS, then the Respondent waives all rights to a Formal Hearing, and SCCS has the discretion to deem the Respondent to have accepted SCCS's determination of responsibility for misconduct and may impose sanction(s) deemed appropriate by SCCS. All cases that include Title IX Allegations will proceed to Title IX Hearing without either party having to elect the hearing, unless an Informal Resolution is reached as set forth in Section .07(4) or a hearing is otherwise not required or permitted by law.(3) Alternative Resolution.(a) Proposal of Alternative Resolution. At any time during the student conduct process, allegations against the Respondent (except for Title IX Allegations which may be resolved through the Informal Resolution process set forth in Section .07(4)) may be resolved through an alternative resolution. An alternative resolution is a resolution that is reached through a process and/or by a sanction or restriction not described in the Code. Before proposing an alternative resolution SCCS shall determine whether an alternative resolution would be appropriate based on the facts and circumstances of the case, and, if so, what type of alternative resolution process should be used. In cases involving sexual harassment, sexual assault, dating violence, domestic violence, stalking, sexual exploitation, or retaliation that are not subject to the Informal Resolution process, SCCS will consult with the Title IX Coordinator in making that determination. Examples of alternative resolution processes that may be proposed by SCCS include but are not limited to mediation, facilitated dialogue, conflict coaching, and restorative justice. The process of trying to reach an alternative resolution is voluntary (i.e., neither the Respondent nor a Complainant is required to participate). If an Alternative Resolution Agreement is not reached, then the student conduct process will proceed, and the allegations against the Respondent will be resolved through one of the other resolution methods in the Code.(b) Alternative Resolution Agreement. An Alternative Resolution Agreement is a written agreement that confirms an agreement to resolve the allegations against the Respondent through an alternative resolution. To be valid, an Alternative Resolution Agreement shall in all cases be signed by SCCS and the Respondent, and shall include a waiver of the Respondent's right, if any, to have a Formal Hearing on the allegations. Prior to the execution of an Alternative Resolution Agreement, if a Complainant has not participated with SCCS in the discussion of an alternative resolution, then SCCS will provide the Complainant with an opportunity to provide a timely objection to the proposed alternative resolution. In appropriate cases, SCCS may request the Complainant to sign an Alternative Resolution Agreement and determine that the Alternative Resolution Agreement is not effective without the Complainant's signature. Neither the Respondent nor the Complainant may revoke or appeal an Alternative Resolution Agreement.(4) Informal Resolution. In cases that include Title IX Allegations, at any time prior to reaching a determination regarding responsibility, SCCS may facilitate an informal resolution process that does not involve a full investigation and adjudication. To facilitate an informal resolution, SCCS will (a) provide to the parties a written notice disclosing the allegations and the requirements of the informal resolution process including the circumstances under which it precludes the parties from resuming a Formal Complaint arising from the same allegations, and (b) obtain the parties' voluntary, written consent to the informal resolution process. At any time prior to agreeing to a resolution, any party has the right to withdraw from the informal resolution process and resume the student conduct process with respect to the Formal Complaint.(5) Conclusion of the Student Conduct Process. This Section .07(5) summarizes the different ways in which the student conduct process may be concluded. If more than one (1) of the following events occur, then the student conduct process concludes on the date of the last event to occur. SCCS generally will provide the Respondent with written notice about the conclusion of the student conduct process within a reasonable time after the conclusion of the process. If permitted or required by law, SCCS also will provide the Complainant with written notice about the conclusion of the student conduct process within a reasonable time after the conclusion of the process. (a) No Action Determination. The student conduct process concludes when SCCS makes a final determination at any point in the process that no action will be taken (e.g., SCCS determines the preponderance of the evidence does not support a finding that the Respondent violated the Standards of Conduct; a Complainant declines to participate in the student conduct process; or SCCS does not have sufficient information or witnesses to move forward with the student conduct process). SCCS may reinitiate the student conduct process upon receipt of new information; however, after SCCS has determined to take no action, SCCS may reinitiate the student conduct process after a student has graduated only in cases involving Section .04(1) (academic dishonesty) or a violation of the University's rules or policy on research misconduct. A Complainant who is informed by SCCS of a no action determination may appeal the decision to the SCCS, in writing, within five (5) business days of the date that SCCS transmitted notice of the no action determination to the Complainant. The decision of SCCS is final and may not be appealed.(b) Failure to Attend or Schedule an Educational Conference. In accordance with Section .06(5)(c), the student conduct process concludes when: SCCS has issued a Notice of Educational Conference; the Respondent either fails to attend an Educational Conference or fails to comply with SCCS's instruction to contact SCCS to schedule an Educational Conference within the time frame designated in the Notice of Educational Conference; and SCCS does not exercise its discretion to excuse the Respondent's failure for good cause.(c) Failure to Request a Formal Hearing after Notice of Sanctions. In accordance with Section .07(2)(e), the student conduct process concludes when the Respondent fails to elect a Formal Hearing within five (5) business days of SCCS sending or delivering a Notice of Sanctions to the Respondent, and SCCS does not exercise its discretion to excuse the Respondent's failure for good cause.(d) Resolution Agreement. The student conduct process concludes when a Resolution Agreement is executed in accordance with Section .07(1).(e) Alternative Resolution Agreement. The student conduct process concludes when an Alternative Resolution Agreement is executed in accordance with Section .07(3).(f) Informal Resolution. The student conduct process concludes when an Informal Resolution is agreed upon in accordance with Section .07(4).(g) Notice of Decision of a Student Life Hearing Officer - No Valid Appeal. The student conduct process concludes when a Student Life Hearing Officer has issued and transmitted a Notice of Decision and neither the Respondent nor the Complainant has submitted a valid Notice of Appeal.(h) Notice of Decision of a Student Conduct Board - No Valid Appeal. The student conduct process concludes when a Student Conduct Board has issued and transmitted a Notice of Decision under Section .08(5) and neither the Respondent nor the Complainant has submitted a valid Notice of Appeal under Section .08(6).(i) Notice of Appellate Board Final Decision. The student conduct process concludes when the Appellate Board has issued a Notice of Final Decision.(j) Notice of Decision of Title IX Hearing Officer - No Valid Appeal. The student conduct process concludes when a Title IX Hearing Officer has issued a Notice of Decision or written determination regarding responsibility under Section .09(7) and neither the Respondent nor the Complaint has submitted a valid Notice of Appeal.(k) Notice of Title IX Appeal Final Decision. The student conduct process concludes when the Vice Chancellor for Student Life has issued a Notice of Title IX Final Decision under Section .09(9).(l) UAPA. The student conduct process concludes when the UAPA Hearing process has concluded, either through a final order, settlement, or otherwise, under the University's rules for conducting contested case proceedings under the UAPA, Chapter 1720-0105.(m) Expiration and Satisfaction of All Sanctions. A Respondent's SCCS case concludes and is considered closed when SCCS determines that the time periods for all sanctions given to the Respondent have expired (except for the sanction of expulsion, which does not expire), and the Respondent has satisfied all other terms and conditions of all sanctions that the Respondent received.Tenn. Comp. R. & Regs. 1720-04-03-.07
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. Repeal and new rule filed April 12, 2012; effective September 28, 2012. Repeal and new rules filed May 24, 2017; effective August 22, 2017. Emergency rules filed June 29, 2018; effective through December 26, 2018. Emergency rules filed July 30, 2018; effective through January 26, 2019. Amendments filed June 29, 2018; effective September 27, 2018. 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.