Tenn. Comp. R. & Regs. 1720-02-01-.11 - APPEALS

(1) Appeal to the Provost.

(a) Appeal Period. The decision of an Honor Code Officer in an Honor Code Officer Hearing or the Honor Code Board in an Honor Code Board Hearing may be appealed to the Provost by submitting a Notice of Appeal to the Office of Student Conduct in accordance with Section .11(1)(b) of this Chapter within five (5) business days of the effective date of the Notice of Decision to the appealing party. A Notice of Appeal not submitted within five (5) business days of the effective date of the Notice of Decision to the appealing party will not be considered.

(b) Notice of Appeal. A Notice of Appeal must state:

(i) the name of the party appealing the decision; and

(ii) the specific grounds for the appeal. Appeals not based on one (1) or more of the grounds provided under Section .11(1)(c) of this Chapter will not be considered.

(c) Grounds for Appeal. Appeals are limited to the following grounds:

1. The party's rights were violated in the hearing process;

2. New relevant and material information has become available that could not have been discovered at the time of the hearing;

3. The information presented did not support the decision by a preponderance of the evidence standard; or

4. The sanction(s) imposed were not appropriate for the violation.

(d) Response to Appeal by Non-Appealing Party. Upon receipt of a timely-submitted Notice of Appeal, the Office of Student Conduct will provide a copy of the Notice of Appeal to the non-appealing party, if applicable. The non-appealing party may respond to the appeal by submitting a written response to the Office of Student Conduct within three (3) business days of the effective date of the Notice of Appeal to the non-appealing party.

(e) Decision on Appeal.

1. Within ten (10) business days of the Office of Student Conduct's receipt of the Notice of Appeal or the non-appealing party's response to the appeal, whichever occurs later, the Provost (or his or her designee) will provide notice to the parties of his or her decision.

2. The Provost (or his or her designee) may

(i) uphold, amend, or overturn the decision of the Honor Code Officer or Honor Code Board; or

(ii) return the case to the Honor Code Officer or Honor Code Board for reconsideration.

3. If the Provost (or his or her designee) decides to uphold, amend, or overturn the decision of the Honor Code Officer or Honor Code Board, the decision of the Provost (or his or designee) is final.

4. A decision by the Provost (or his or her designee) to return the case to the Honor Code Officer or Honor Code Board for reconsideration may not be appealed. Any decision by the Honor Code Officer or Honor Code Board on reconsideration may be appealed in accordance with this Section .11.

(2) Any disciplinary sanction(s) issued by the Honor Code Officer or the Honor Code Board will remain in force throughout the pendency of an appeal, unless the Respondent requests that the disciplinary sanction(s) be stayed pending the Respondent's appeal and such a request is granted by the Honor Code Officer or Honor Code Board, as applicable.

Notes

Tenn. Comp. R. & Regs. 1720-02-01-.11

Original rules filed September 30, 2019; effective 12/29/2019.

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.