Tenn. Comp. R. & Regs. 0240-05-06-.07 - WRITTEN NOTICE TO THE PARTIES UPON RECEIPT OF A FORMAL COMPLAINT

(1) When a formal complaint is filed, APSU will provide parties with a written notice of its grievance process, including any informal resolution process(es).

(2) APSU will provide written notice of the allegations potentially constituting sexual harassment, including sufficient details known at the time and with sufficient time to prepare a response before any initial interview. Sufficient details include the identities of the parties involved in the incident, if known, the conduct allegedly constituting sexual harassment, and the date and location of the alleged incident, if known.

(3) APSU's written notice will include a statement that:

(a) The respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the grievance process;

(b) The parties may have an advisor of their choice, who may be, but is not required to be, an attorney;

(c) The parties may inspect and review evidence; and

(d) Identifies any provision in its codes of conduct that prohibits knowingly making false statements or knowingly submitting false information during the grievance process.

(4) If, in the course of an investigation, APSU decides to investigate allegations about the complainant or respondent that are not included in the initial written notice, APSU will provide notice of the additional allegations to the parties whose identities are known.

Notes

Tenn. Comp. R. & Regs. 0240-05-06-.07

Emergency rules filed November 20, 2020; effective through May 19, 2021. Emergency rules expired effective May 20, 2021, and the rules reverted to their previous statuses. New rules filed July 21, 2021; effective 10/19/2021.

Authority: T.C.A. §§ 49-8-101(a)(2)(A) and 49-8-203(a).

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