Tenn. Comp. R. & Regs. 0240-07-04-.04 - PROCESS

(1) Academic misconduct is prohibited. Whenever a faculty member believes that academic misconduct has occurred, he/she must provide notice to the student and submit an Academic Integrity Incident Report Form (Incident Report) to the Director within seven (7) business days from the time the faculty member suspects that the alleged academic misconduct occurred. If the semester has ended, the faculty member has ten (10) business days from the date the semester ended to submit the Academic Integrity Incident Report Form. The Incident Report will provide:

(a) The name of the student;

(b) The course in which the academic misconduct is alleged to have occurred;

(c) A description of the academic misconduct; and,

(d) Supporting documentary evidence (if available).

(2) A student who has been referred by a faculty member pursuant to this Rule is prohibited from dropping a course in which academic misconduct is alleged, pending final resolution of the case. Students should continue attending class, absent a disciplinary sanction to the contrary, while this procedure is ongoing. If found responsible for committing academic misconduct, a student will not be allowed to drop the course, though continued class attendance is neither prohibited nor required. (Students receiving federal financial aid who stop attending a course may incur significant financial penalties. Students are encouraged to consult the MT One Stop.) Failure to comply with this directive will result in referral to the Office of Student Conduct for violation of general rules and regulations and violation of imposed disciplinary sanctions under University policy and rule.

(3) The Director will review the case within five (5) business days of receipt of the Incident Report. If, in the Director's opinion, the Incident Report lacks substance or is otherwise deficient, the Director may consult with the referring faculty member and indicate either that additional information is needed or encourage that the Incident Report be withdrawn. Such a consultation may take place before and/or after the Director has met with the student.

(4) For any Incident Report not withdrawn by mutual consent between the Director and the referring faculty member, the Director will send notice to the student and schedule an in-person or virtual meeting to discuss the alleged academic misconduct violation. During this meeting the student can accept responsibility or not accept responsibility for the alleged academic misconduct. If the student accepts responsibility, the Director will decide on University sanctions (see Rule 0240-07-04-.05) appropriate to the case, and the matter will be resolved at that point. The Director will note the resolution on the Incident Report and provide copies to the student, the faculty member, and the Vice Provost for Faculty and Strategic Initiatives. This notice will be sent to the student's official MTSU email account and/or a hard copy letter will be sent via first class United States Postal Service (USPS) mail to the student's local address as indicated in the student information system. For graduate students found responsible of academic misconduct, the decision will also be provided to the student's graduate program director.

(5) If a referred student fails to attend a scheduled meeting with the Director without a reasonable excuse, the Director may find the student responsible in absentia and determine appropriate sanctions. Cases heard in absentia may not be appealed.

(6) If the student does not accept responsibility, the case will be heard by the Committee. The Director will:

(a) Determine whether the matter warrants consideration of suspension or expulsion of the student should the Committee find academic misconduct. If so, the student must be given the option of a hearing held pursuant to the Uniform Administrative Procedures Act (UAPA) as set forth in Rule 0240-07-04-.07, below. A waiver of this option must also be in writing.

(b) As the designee of the Vice Provost for Faculty and Strategic Initiatives, form the Committee from the pool of members for the purpose of the hearing.

(7) Institutional Hearing

(a) If the sanction of suspension or expulsion will not be considered or if the student has waived a hearing under the UAPA, the Committee will set an institutional hearing for the matter in a manner that allows reasonable time for faculty and student preparation, ideally no fewer than three (3) and no more than fifteen (15) business days from the student's request for a Committee hearing. Both the faculty member and the student will be notified of the hearing.

(b) Outside of regular Fall and Spring semesters, hearings will be scheduled under only two (2) circumstances:

1. If lack of resolution affects the student's ability to graduate in the Spring or Summer; or

2. If the Vice Provost for Faculty and Strategic Initiatives determines that there are extenuating circumstances to warrant a special hearing.

(c) The Director will advise the student, in writing, of the following:

1. The type of alleged academic misconduct and the circumstances alleged by the faculty member to constitute academic misconduct;

2. The date, time, and place of the hearing;

3. That the student may appeal a grade given by the faculty member in response to academic misconduct;

4. The right to receive a list of the witnesses the University expects to present at the proceeding and those the University may present if the need arises;

5. The right to request a copy of the University's investigative file, redacted in accordance with the Family Educational Rights and Privacy Act of 1974, (20 U.S.C. § 1232g), and the federal regulations implementing that statute, as amended; and, the portion of the state Public Records Act making certain student information confidential (T.C.A. § 10-7-504(a)(4)).

6. The right to request copies of all documents, copies of all electronically stored information, and access to tangible evidence the University has in its possession, custody, or control and may use to support claims or defenses, unless the use would be solely for impeachment; and

7. The rights the student will be afforded at the hearing as specified in Rule 0240-07-04-.04(7)(e).

(d) The hearing will take place at the scheduled time, regardless of whether the student and/or the referring faculty member choose to attend. Failure to appear at a scheduled hearing abrogates the rights listed under Rule 0240-07-04-.04(7)(e) or (f), as applicable. A hearing may be rescheduled, under extraordinary circumstances, at the discretion of the Director.

(e) The rights applicable to the referred student at the hearing include:

1. The right to present evidence pertinent to the case and to hear and respond to all testimony;

2. The right to be accompanied by an advisor. An advisor may not actively or directly participate in the hearing, but may only consult with the student;

3. The right to call witnesses; and

4. The right to confront witnesses in support of the academic misconduct allegation.

(f) The rights applicable to the referring faculty member at the hearing include:

1. The right to present evidence pertinent to the case and to hear and respond to all testimony;

2. The right to be accompanied by an advisor. An advisor may not actively or directly participate in the hearing, but may only consult with the faculty member;

3. The right to call witnesses; and

4. The right to confront witnesses against the academic misconduct allegation.

(g) The hearing will not be open to the public.

(h) The Committee may exclude evidence it deems immaterial, irrelevant, or unduly repetitious.

(i) Decisions shall be by majority vote of the Committee members present and voting. The Director is a non-voting ex-officio member of the Committee. The Committee may ask the referred student, referring faculty member, and any advisors present to leave the hearing while they deliberate and vote. Votes of individual Committee members will not be reported. In the event of a tie vote, the charge of misconduct is dismissed.

(j) The standard of proof required for a finding of academic misconduct shall be by a preponderance of the evidence.

(k) The Director will, on behalf of the Committee, issue a written decision indicating its finding concerning the charge of academic misconduct. The decision must specify the factual basis for the determination, and, if academic misconduct is found, state whether disciplinary sanctions will be imposed. The decision will be provided to the student, the faculty member, and the Vice Provost for Faculty and Strategic Initiatives. For graduate students found responsible for academic misconduct, the decision will also be provided to the student's graduate program director.

(l) The student and the faculty member must be notified of the right to appeal the Committee's decision to the Provost.

(m) Once it has been determined whether academic misconduct has occurred or not, the faculty member shall determine a grade for the academic exercise or examination and/or course.

Notes

Tenn. Comp. R. & Regs. 0240-07-04-.04

Original rules filed May 17, 2019; effective August 15, 2019. Amendments filed May 3, 2024; effective 8/1/2024.

Authority: T.C.A. §§ 10-7-504(a)(4) and 49-8-203(a)(1)(D).