Section 1720-04-03-.14 - MAINTENANCE, DISCLOSURE, AND EXPUNGEMENT OF STUDENT DISCIPLINARY RECORDS(1) Maintenance of Student Disciplinary Records. The University maintains student disciplinary records separately from student academic records.(2) Disclosure of Student Disciplinary Records while a Student Is Enrolled. (a) While a student is enrolled in the University, SCCS may disclose disciplinary records to University officials who have a legitimate educational interest in the disciplinary records, subject to Section .14(2)(b), or to students who request to inspect their disciplinary records. SCCS may disclose disciplinary records to other persons only in accordance with state or federal law or with the student's consent and in some circumstances will be required by state or federal law to disclose disciplinary records (e.g., subpoena, judicial order).(b) While a student is still enrolled in the University but applying for post-graduation employment or graduate school, SCCS will disclose a student's disciplinary records to persons outside of SCCS only with the student's consent and if one of the following sanctions was imposed on the student while the student was enrolled in the University: suspension; expulsion; withholding of degree; or revocation of degree. Notwithstanding the previous sentence, SCCS will disclose disciplinary records as required by state or federal law (e.g., subpoena, judicial order).(3) Disclosure of Student Disciplinary Records after a Student Is No Longer Enrolled. After a student is no longer enrolled in the University, SCCS will disclose a student's disciplinary records to persons outside of SCCS only with the student's consent and if one (1) of the following sanctions was imposed on the student while the student was enrolled in the University: suspension; expulsion; withholding of degree; or revocation of degree. Notwithstanding the previous sentence, SCCS will disclose disciplinary records as required by state or federal law (e.g., subpoena, judicial order).(4) Expungement of Student Disciplinary Records. SCCS permanently maintains student disciplinary records for students who have received the following sanctions (or their equivalents under previous versions of the Code): suspension; expulsion; withholding of degree; or revocation of degree. SCCS expunges student disciplinary records for other students seven (7) years after graduation or the last date of enrollment, except as prohibited by law or a University litigation hold.Tenn. Comp. R. & Regs. 1720-04-03-.14
Original rule filed May 27, 1986; effective August 12, 1986. Amendment filed March 22, 1990; effective June 26, 1990. Amendment filed August 31, 1995; effective December 30, 1995. Amendment to renumber rule from 1720-04-03-.12 filed January 13, 1999; effective May 31, 1999. Amendment filed November 17, 2000; effective March 30, 2001. 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 July 30, 2018; effective through January 26, 2019. Amendments filed June 29, 2018; effective September 27, 2018. Rule was originally numbered 1720-0403-.13 but was renumbered 1720-04-03-.14 with the introduction of a new emergency rule 1720-04-03.09 filed August 13, 2020; effective through February 9, 2021. Emergency rules expired effective February 10, 2021, and the rules reverted to their previous statuses and numbering. Rule was originally numbered 1720-04-03-.13 but was renumbered 1720-04-03-.14 with the introduction of a new rule 1 72004-03-.09 filed December 17, 2020; effective March 17, 2021. 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.