Section 1720-05-01-.09 - APPEALS(1) Appeal of Decisions of a Student Conduct Officer or Disciplinary Board Hearing. A decision of the Disciplinary Hearing Board, or a decision of the Student Conduct Officer concerning a penalty following an administrative hearing, may be appealed to the Vice Chancellor for Student Affairs. (a) The request for appeal shall be submitted in writing to the Vice Chancellor for Student Affairs within five (5) business days of written notice of the decision of the Disciplinary Hearing Board or Student Conduct Officer.(b) The request for appeal shall contain: 1. A statement that the student or student organization appeals the decision of the Disciplinary Hearing Board or Student Conduct Officer; and2. A brief statement of the grounds for the appeal.(c) All appeals to the Vice Chancellor for Student Affairs are written and heard based upon the record made before the Disciplinary Hearing Board.(d) Pending the outcome of an appeal, the penalty specified in the decision of the Disciplinary Hearing Board shall not be imposed.(e) The Vice Chancellor for Student Affairs may:1. Affirm the decision of the Disciplinary Hearing Board or Student Conduct Officer;2. Amend the decision of the Disciplinary Hearing Board or Student Conduct Officer;3. Return the case to the Disciplinary Hearing Board or Student Conduct Officer with instructions for reconsideration of the case; or4. Overturn the decision of the Disciplinary Hearing Board.(2) Appeal of Decisions of a Title IX Hearing Officer. A decision of a Title IX Hearing Officer following a Title IX Hearing (or the dismissal of a Formal Complaint alleging Title IX Allegations) may be appealed by either the Complainant or the Respondent to the Vice Chancellor for Student Affairs.(a) The request for appeal shall be submitted in writing to the Vice Chancellor for Student Affairs.(b) The request for appeal shall contain:1. A statement that the student appeals the decision of the Title IX Hearing Officer; and2. A brief statement of the grounds for the appeal.(c) Pending the outcome of an appeal, the penalty specified in the decision of the Title IX Hearing Officer shall not be imposed.(d) Grounds for Appeal. The grounds for the appeal, which shall be limited to one (1) or more of the following grounds: 1. Procedural Error. A procedural irregularity affected the outcome of the matter.2. New Evidence. New evidence that was not reasonably available at the time the determination regarding responsibility was made that could affect the outcome of the matter.3. Conflict of Interest or Bias. The Title IX Coordinator, the investigator(s), or the Title IX Hearing Officer had a conflict of interest or bias for or against complainants or respondents generally or the individual Complainant or Respondent that affected the outcome of the matter.4. Clearly Unreasonable Sanction. The sanction(s) imposed by the Title IX Hearing Officer is clearly unreasonable (i.e., has no sound basis or justification in reason).(e) Appeal Process. Each party may submit a written statement in support of or challenging the outcome of the Title IX Hearing. The written statement must be received by the Vice Chancellor for Student Affairs within five (5) business days of the date on which the Notice of Appeal was filed, or within five (5) business days of the date on which the non-appealing party received notice that the other party filed a Notice of Appeal. Within five (5) business days of the receipt of the last written statement, the Vice Chancellor for Student Affairs will issue a written decision describing the result of the appeal and the rationale for the result, which will be provided simultaneously to both parties.(f) The Vice Chancellor for Student Affairs may:1. Affirm the decision of the Title IX Hearing Officer;2. Amend the decision of the Title IX Hearing Officer;3. Return the case to the Title IX Hearing Officer with instructions for reconsideration of the case; or4. Overturn the decision of the Title IX Hearing Officer.(3) The decision of any board or administrative officer of the University of Tennessee at Martin is subject to review by the Chancellor.Tenn. Comp. R. & Regs. 1720-05-01-.09
Original rule filed April 17, 2012; effective September 28, 2012. 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 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.