Tenn. Comp. R. & Regs. 0240-02-03-.01 - INSTITUTIONAL RESTATEMENT OF RULES

(1) Students enrolled in a TBR postsecondary educational institution are citizens of their civic communities as well as the academic community. As such, they are expected to conduct themselves as law-abiding members of each community at all times. Admission to an institution of postsecondary education carries with it special privileges and imposes special responsibilities apart from those rights and duties enjoyed by non-students. In recognition of the special relationship that exists between the institution and the academic community which it seeks to serve, the Tennessee Board of Regents ("TBR" or "the Board") has authorized the presidents of the institutions under its jurisdiction to take such action, consistent with these rules and the institution's restatement of these rules, as may be necessary to maintain conditions on institution-owned and/or controlled property and to preserve the integrity of the institution and its educational environment.

(2) Pursuant to this authorization and in fulfillment of its duties to provide a secure and stimulating atmosphere in which individual and academic pursuits may flourish, the TBR has developed the following rules to govern student conduct for the institutions under its jurisdiction. Each institution under the jurisdiction of the TBR is directed to publish an institutional restatement of these rules to students. In addition, students are subject to all federal, state, and local laws and ordinances. Institutions may enforce these rules regardless of the status or outcome of any external proceedings instituted by other civil or criminal authorities. Students are responsible for compliance with these rules.

(3) For the purpose of these rules, a "student" shall mean any person:

(a) Who is admitted, enrolled, and/or registered for study (including for non-credit classes) at a TBR institution for any academic period. This shall include any period of time following admission and/or registration, but preceding the start of classes for any academic period, following the end of an academic period through the last day for registration for the succeeding academic period, and during any period while the student is under suspension from the institution;

(b) Subject to a period of suspension or removal from campus resulting from a finding of a violation of these rules;

(c) Who engaged in academic misconduct as part of the application process; and/or

(d) Who previously attended a TBR institution and who was found to have violated these rules during the time of enrollment.

(e) Unless explicitly provided otherwise in these rules, the term "student" shall also refer to a student organization.

(4) Disciplinary action may be taken against a student for violation of these rules that occurs on institutionally owned, leased or otherwise controlled property (including all streets, alleys, sidewalks, and public ways abutting such property), while participating in international or distance learning programs, and off campus when the conduct impairs, interferes with, or obstructs any institutional activity or the mission, processes, and functions of the institution. In the case of violations that occur off institutionally owned, leased, or controlled property, the institution will take into account whether the violation impairs, interferes with, or obstructs any institutional activity, or the mission, processes, and function of the institution, including, but not limited to, conduct that:

(a) Occurs in connection with any institutional activity, including but not limited to, international, distance, online, or remote learning programs, athletics events and other extracurricular activities, clinical, internship, practicum, and similar activities;

(b) Occurs while using institutional resources, such as computers and network systems;

(c) Involves or affects another member of the TBR community (a student, faculty, staff member or guest of a TBR institution); or

(d) Poses a credible, serious threat to the health and safety of the TBR community.

(5) These rules are applicable to student organizations as well as individual students. Whether a student organization will be held responsible for a violation of these rules by one (1) or more of its members will be based on the following considerations:

(a) The violation is endorsed by the student organization or any of its officers. Endorsed by" includes, but is not limited to, active or passive consent or support, having prior knowledge that the conduct was likely to occur, or helping to plan, advertise, or promote the conduct;

(b) The violation took place during the course of an activity paid for by the student organization or by members of the student organization to support the activity in question;

(c) The prohibited conduct occurred on property owned, controlled, rented, leased, or used by the student organization or any of its members for an organizational event;

(d) The prohibited conduct was related to initiation, admission into, affiliation with, or as a condition for continued membership in the student organization; and

(e) One (1) or more officers of the student organization had prior knowledge or reasonably should have known the prohibited conduct would likely take place.

(6) Confidentiality of Discipline Process. Subject to the exceptions provided pursuant to the Family Educational Rights and Privacy Act of 1974 (FERPA), 20 U.S.C. 1232g, the Tennessee Public Records Act, T.C.A. §§ 10-7-501 et seq., and/or other state and federal law, a student's disciplinary records and files are considered "education records" and are confidential in accordance with those acts.

(7) Matters involving sexual harassment, sexual assault, stalking, domestic violence, and dating violence occurring within an education program or activity of TBR or a TBR institution, if within the scope of TBR Chapter 0240-02-10, Title IX Compliance, which implements 34 C.F.R. Part 106 related to Title IX of the Education Amendments of 1972, shall proceed in accordance with TBR Chapter 0240-02-10, Title IX Compliance, and not these rules.

Notes

Tenn. Comp. R. & Regs. 0240-02-03-.01

Repeal of all rules by Public Chapter 261; effective July 1, 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed August 28, 1984; effective November 13, 1984. Amendment filed November 12, 2008; effective March 30, 2009. Repeal and new rule filed August 10, 2011; effective January 29, 2012. Amendment filed August 18, 2015; effective November 15, 2015. Amendments filed July 13, 2021; effective 10/11/2021.

Authority: T.C.A. §§ 4-5-101, et seq. and 49-8-203.