Section 1720-07-01-.06 - INTERIM RESTRICTIONS(1) When the Associate Vice Chancellor of Student Affairs has reasonable cause to believe that a Respondent's continued presence on University-controlled property or at University-affiliated activities poses a significant risk of substantial harm to the health or safety of others or to property or poses an ongoing threat to the disruption of, or interference with, the normal operations of the University, the Associate Vice Chancellor of Student Affairs may impose interim restrictions prior to the conclusion of the student conduct process. Examples of interim restrictions include, without limitation, restricting the student's privileges to participate in University-affiliated activities, restricting the student's privileges to access University-controlled property, University-owned housing removal and/or reassignment, and/or interim suspension.(2) Interim restrictions shall be confirmed by written notice to the Respondent that explains the basis for the interim restrictions and shall remain in effect until the conclusion of the student conduct process, which shall be completed without undue delay.(3) Within three (3) business days of the imposition of interim restrictions, the Respondent shall be offered an opportunity to appear personally before the Associate Vice Chancellor of Student Affairs in order to discuss the following issues only: (a) the reliability of the information concerning the Respondent's conduct; and(b) whether the conduct and surrounding circumstances reasonably indicate that the Respondent's continued presence on University-controlled property or at University-affiliated activities poses a significant risk of substantial harm to the health or safety of others or to property or poses an imminent threat of disruption of or interference with the normal operations of the University.(4) An interim suspension is an official separation of the Respondent from the University until the conclusion of the student conduct process or the interim suspension is lifted, whichever occurs first. While on interim suspension, the Respondent loses all University rights and privileges (e.g., enrollment privileges) except for the rights and privileges to contest the allegations pursuant to the Code, shall not represent the University in any official manner, and shall not be present on University-controlled property or participate in University-affiliated activities without the prior approval of the Associate Vice Chancellor of Student Affairs.(5) When a Respondent is placed on interim suspension from the University, the Respondent may be assigned a grade of "W" or "I," whichever is deemed more appropriate by the faculty member involved.(6) Notwithstanding any other provision in this Section .06, in any case in which a Formal Complaint is filed that includes Title IX Allegations, the Associate Vice Chancellor of 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 Associate Vice Chancellor of Student Affairs will provide the Respondent notice and an opportunity for the Respondent to challenge an interim suspension or removal within three (3) business days.Tenn. Comp. R. & Regs. 1720-07-01-.06
New rules filed August 21, 2023; effective 11/19/2023.Authority: T.C.A. §§ 4-5-101, et seq. and 49-9-209(e).