Tenn. Comp. R. & Regs. 1720-02-05-.02 - DEFINITIONS

The following words, terms, or phrases, when used in the Code, shall have the following meanings:

(1) Advisor: A person who provides assistance to a Complainant or Respondent during the student conduct process, as provided under Section .05(3) of this Chapter.

(2) Business day: An official workday during which the University conducts business. Typically, a business day is a weekday (Monday through Friday), excluding any weekdays designated by the University as a holiday or in which the University is administratively closed. Each business day commences at 8:00 a.m. and ends at 5:00 p.m.

(3) Chancellor: The University's chief executive officer to whom the President of the University of Tennessee system has delegated primary responsibility for administration of University operations, policies, and procedures.

(4) Code: The Student Code of Conduct of the University of Tennessee at Chattanooga, as set forth under this Chapter.

(5) Complainant: Any person, group, or organization that may have been subjected to conduct that violates the Code, regardless of whether that person, group, or organization makes a complaint or reports an alleged violation of the Code to the University.

(6) Designee: A University official or office designated with the authority to carry out a duty or role on behalf of another University official or office.

(7) Faculty: A University employee who holds faculty rank and whose primary appointment is to engage in academic instruction, research, or service.

(8) Formal Complaint: A document filed by a Complainant (or signed by the Title IX Coordinator) alleging that a Respondent engaged in sexual harassment, sexual assault, dating violence, domestic violence, stalking, or sexual exploitation, and requesting that the University investigate the allegation. There are two (2) types of Formal Complaints:

(i) Formal Complaints that include Title IX Allegations (as defined under Section .02(29)); and

(ii) Formal Complaints that do not include Title IX Allegations, but do otherwise include allegations of sexual harassment, sexual assault, dating violence, domestic violence, stalking, or sexual exploitation.

(9) Formal Hearing: A University hearing before a fair and impartial decision-maker in which a Respondent may contest charges of Code violations and/or disciplinary sanctions issued against the Respondent, as provided under Section .07(1) of this Chapter.

(10) Good faith: Having a belief in the truth of information that a reasonable person in the same position could have, based on the information known to the person communicating the information at the time the information was communicated by that person. Information is not communicated in good faith if it is communicated with knowing or reckless disregard for its truth.

(11) Hearing Officer: A University employee designated by the Office of Student Conduct to conduct a Preliminary Meeting, as provided under Section .06(3) of this Chapter, or to conduct and serve as the decision-maker in a Hearing Officer Hearing, as provided under Section .08 of this Chapter.

(12) Hearing Officer Hearing: A type of Formal Hearing in which a Hearing Officer serves as the decision-maker, as provided under Section .08 of this Chapter.

(13) Member of the University community: Any person who is a student, faculty member, staff employee, campus visitor, or participant in a University-sponsored or University-affiliated activity, or any organization that participates in a University-sponsored or University-affiliated activity.

(14) Notice: Notice given in writing and transmitted by one (1) or more of the following:

(i) e-mail to a student's University-issued e-mail account;

(ii) United States mail,

(iii) courier service, and/or

(iv) hand-delivery to the address the University's Records Office has on file for the student. When a notice is transmitted by e-mail, the notice is effective on the date the e-mail is sent. E-mail to a student's University-issued e-mail address is an official method of communication used by the University for student conduct matters. When a notice is transmitted by United States mail or courier service, the notice is effective on the date that it is mailed or delivered to the courier service. When a notice is transmitted by hand-delivery, the notice is effective on the date that it is delivered to the person to whom the notice is addressed.

(15) Office of the Dean of Students: The University office designated with primary responsibility for the administration of the Office of Student Conduct. The Office of the Dean of Students may act as or on behalf of the Office of Student Conduct.

(16) Office of Student Conduct: The University office designated with primary responsibility for administering and enforcing the Code and implementing student conduct-related rules, policies, procedures, training, and education.

(17) Possession: Direct, indirect, or communal control of a substance or property, actual knowledge of a substance or property, and/or being in such close proximity to the substance or property that a reasonable presumption could be made that one had possession of the substance or property.

(18) Relevant information: Information having any tendency to make the existence of any fact that is of consequence to determining whether a Respondent violated the Code more probable or less probable than it would be without the information. This definition does not apply to Title IX Hearings.

(19) Respondent: A student who has been charged with violating the Code and/or whose alleged misconduct is being investigated by the Office of Student Conduct.

(20) Sexual Harassment: Conduct on the basis of sex that satisfies one (1) or more of the following:

(i) an employee of the University conditioning the provision of an aid, benefit, or service of the University on an individual's participation in unwelcome sexual conduct;

(ii) unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the University's education program or activity; or

(iii) sexual assault, dating violence, domestic violence, or stalking.

(21) Staff: Any full-time or part-time University employee not primarily engaged in academic instruction, research, or service, who holds either an exempt or non-exempt position with or without administrative, executive, or managerial responsibilities, excluding student employees of the University.

(22) Student: For purposes of the Code, the term "student" means:

(a) A person who is admitted, enrolled or registered for study at the University, either fulltime or part-time, pursuing undergraduate, graduate, professional, and/or non-degree courses; or

(b) A person who has completed a preceding academic term at the University and is eligible for re-enrollment without re-applying for admission and/or otherwise has a continuing relationship with the University; or

(c) A person who attended the University during a previous academic term and engaged in conduct in violation of the Code during his or her time of enrollment; or

(d) A person who is admitted to the University and later matriculated at the University, and committed conduct in violation of the Code during the application process or during the period of time between admission and matriculation at the University; or

(e) A student organization, except where explicitly provided otherwise in this Code.

(23) Student Conduct Board: A hearing board consisting of students, faculty, and staff appointed by the Office of the Dean of Students (or designee), which serves as the decision-maker in a Student Conduct Board Hearing, as provided under Section .09 of this Chapter.

(24) Student Conduct Board Chairperson: A University employee appointed by the Office of the Dean of Students (or designee) to preside over and facilitate a Student Conduct Board Hearing.

(25) Student Conduct Board Hearing: A type of Formal Hearing in which a Student Conduct Board serves as the decision-maker, as provided under Section .09 of this Chapter.

(26) Student conduct process: The processes and procedures for resolving alleged violations of the Code as set forth in University rules.

(27) Student conduct record: The collective printed or electronic record of any cases involving alleged violations of the Code by a student. A student conduct record may include, without limitation, incident report(s), correspondence, investigation report(s), interview records, demographic information, evidence, hearing records and recordings, and the student's conduct history.

(28) Student organization: An organization, club, fraternity, sorority or other group whose membership is composed of University students and which is formally registered and recognized by the University according to University rules, or which has submitted a pending application for registration with the University according to University rules.

(29) Title IX Allegations: Allegations within a Formal Complaint that a Respondent's conduct constitutes Sexual Harassment (as defined under Section .02(20)) in the University's education program or activity and occurred within the United States as defined in 34 C.F.R. 106.30(a).

(30) Title IX Hearing: A type of Formal Hearing in which a Title IX Hearing Officer serves as the decision-maker, as provided under Section .10 of this Chapter.

(31) Title IX Hearing Officer: A person or persons appointed to conduct a Title IX Hearing.

(32) UAPA: The Uniform Administrative Procedures Act, Tenn. Code Ann. §§ 4-5-101 et seq.

(33) UAPA Administrative Judge: A hearing officer who presides over and serves as the decision-maker in a UAPA Hearing.

(34) UAPA Hearing: A type of Formal Hearing conducted by a UAPA Administrative Judge in accordance with Chapter 1720-01-05 and the UAPA.

(35) University: The University of Tennessee at Chattanooga.

(36) University-affiliated activity: Any activity, on or off University-controlled property, that is initiated, aided, authorized, sponsored, or supervised by the University.

(37) University-controlled property: All land, buildings, facilities, grounds, structures, or any other property owned, leased, used, maintained, or operated by the University. For purposes of this rule, University-controlled property includes all streets, alleys, sidewalks, and public ways abutting such property. University-controlled property also includes, but is not limited to, computers and network systems owned, maintained, controlled, or funded by the University.

(38) University official: A University employee when acting in the course and scope of his or her employment duties.

(39) Vice Chancellor for Student Affairs: The University's chief student affairs officer to whom the Chancellor has delegated primary authority and responsibility for the administration of the Code.

(40) Weapon: Any device, instrument, or substance that is designed to, or reasonably could be expected to, inflict a wound, incapacitate, or cause serious bodily injury or death, including, without limitation, any firearm (loaded or unloaded); real firearm or device that would appear to a law enforcement officer to be a real firearm; ammunition; electronic control device (including, but not limited to, a Taser gun or stun gun); device designed to discharge an object (including, but not limited to, a BB gun, air/CO2 gun, pellet gun, potato gun, paintball gun, or slingshot), excluding water guns; dangerous chemical (including, but not limited to, tear gas or oleoresin capsicum), explosive or explosive device, including a substance or combination of substances possessed or prepared for producing a visible or audible effect by combustion, explosion, deflagration or detonation (including, but not limited to, a bomb, grenade, or firework); martial arts weapon; bow and arrows; metal knuckles; nightstick; blackjack; dirk; knife with a fixed blade longer than four (4) inches (not including an ordinary eating utensil); switchblade, dagger, and sword. The term "weapon" does not include an ordinary pocket knife that folds; an available over-the-counter chemical repellent for self-defense (including, but not limited to, mace); or an instrument used solely for personal hygiene, preparation of food, maintenance, University-related instruction, or University employment-related duties.

Notes

Tenn. Comp. R. & Regs. 1720-02-05-.02

Original rule filed September 15, 1976; effective October 15, 1976. Repealed by Public Chapter 575; effective July 1, 1986. New rule filed May 27, 1986; effective August 12, 1986. Amendment filed October 31, 1990; effective January 29, 1991. Amendment filed November 20, 1990; effective February 27, 1991. Amendment filed September 3, 1992; effective December 29, 1992. Amendment filed June 18, 1996; effective October 28, 1996. Amendment filed June 22, 2006; effective October 27, 2006. Repeal and new rule filed April 17, 2012; effective September 28, 2012. Emergency rule filed August 27, 2015; effective through February 23, 2016. Amendment filed September 14, 2015; effective December 13, 2015. Emergency rules filed June 29, 2018; effective through December 26, 2018. Amendments filed June 29, 2018; effective September 27, 2018. Repeal and new rule filed September 30, 2019; effective December 29, 2019. Emergency rules filed August 13, 2020; effective through February 9, 2021. Emergency rules expired effective February 10, 2021, and the rules reverted to their previous statuses. Amendments filed December 17, 2020; effective 3/17/2021.

Authority: T.C.A. §§ 4-5-101, et seq., 49-7-1702(1), 49-7-1703(c), and 49-9-209(e); Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5; and Public Acts of Tennessee, 1807, Chapter 64.