Tenn. Comp. R. & Regs. 1720-02-05-.07 - STUDENT CONDUCT PROCESS - METHODS OF RESOLUTION

Charges or allegations of violations of the Code may be resolved in one (1) of the following ways:

(1) Resolution by Formal Hearing. A Formal Hearing is a process for resolving charges of Code violations in which the Respondent is provided the opportunity to contest the charges through the presentation of evidence at a hearing (or, in a Title IX Hearing, for the parties to have a determination of responsibility made) before a fair and impartial decision-maker.

(a) Types of Formal Hearings. Charges may be resolved through one (1) of four (4) types of Formal Hearings, depending on the nature of the allegations and/or the gravity of the disciplinary sanctions proposed for the charge:

1. Hearing Officer Hearing. A hearing held before a Hearing Officer in accordance with Section .08 of this Chapter. A Hearing Officer Hearing will be offered in every case, except as provided in this Section .07(1)(a)1. Hearing Officer Hearings will not be held for resolution of allegations of violations of Standard of Conduct 7 under Section .04(7) of this Chapter.

2. Student Conduct Board Hearing. A hearing held before a Student Conduct Board in accordance with Section .09 of this Chapter. A Student Conduct Board Hearing will be offered in every case.

3. Title IX Hearing. A hearing before a Title IX Hearing Officer, in accordance with Section .10 of this Chapter. A Title IX Hearing is the only Formal Hearing provided under the Code for determining responsibility for Title IX Allegations.

4. UAPA Hearing. A "contested case" hearing under the UAPA held before a UAPA Administrative Judge in accordance with Chapter 1720-01-05. A Respondent has the right to a UAPA Hearing only when the UAPA requires the University to offer a UAPA Hearing as determined by the gravity of the disciplinary sanction(s) proposed for the charge.

(b) Request for Formal Hearing. In order to contest the charge(s) set forth in the Notice of Charges, the Respondent must request in writing a Formal Hearing and the selected type of Formal Hearing using the form(s) provided by the University within five (5) business days of the effective date of the Notice of Charges. A verbal request by the Respondent for a Formal Hearing or of the selected type of Formal Hearing will not constitute a valid request. By selecting a type of Formal Hearing, the Respondent waives the right to contest the charged Code violation(s) through another type of Formal Hearing. The preceding provisions of this Section .07(1)(b) do not apply to cases in which a Formal Complaint is filed alleging Title IX Allegations.

(c) Failure to Contest. If the Respondent fails to request a Formal Hearing in writing within five (5) business days of the effective date of the Notice of Charges, the Respondent waives the right to contest the charge(s), and the Office of Student Conduct may issue a Notice of Decision to the Respondent as provided under Section .13(3) of this Chapter. Notwithstanding the foregoing provisions in this Section .07(1)(c), the Office of Student Conduct may decline to issue a Notice of Decision and permit the Respondent to contest the charge(s) through a Formal Hearing upon a showing of good cause by the Respondent for his or her failure to timely request a Formal Hearing. The preceding provisions of this Section .07(1)(c) do not apply to cases in which a Formal Complaint is filed alleging Title IX Allegations.

(d) Failure to Request Type of Formal Hearing. If, within five (5) business days of the effective date of the Notice of Charges, the Respondent requests a Formal Hearing in writing but fails to request in writing the type of Formal Hearing, the Respondent waives the right to select the type of Formal Hearing for resolution of the charge(s), unless the Respondent's failure to select the type of Formal Hearing is excused by the Office of Student Conduct upon a showing of good cause. If the Respondent waives his or her right to select the type of Formal Hearing as provided under this Section .07(1)(d), the Office of Student Conduct will select the type of Formal Hearing and will provide notice to the Respondent of the type of Formal Hearing selected and the date, time, and place of the hearing. The preceding provisions of this Section .07(1)(d) do not apply to cases in which a Formal Complaint is filed alleging Title IX Allegations.

(e) Waiver of UAPA Hearing. Notwithstanding any provisions in this Chapter to the contrary, in a case in which the UAPA requires that the University offer the Respondent a UAPA Hearing, the Respondent waives his or her right to a UAPA Hearing only if the Respondent:

(i) fails to request a Formal Hearing in writing within five (5) business days of the effective date of the Notice of Charges; or

(ii) executes a voluntary written waiver of his or her right to a UAPA Hearing. If the Respondent timely requests a Formal Hearing in writing, the University will conduct a UAPA Hearing to resolve the charge(s) unless the Respondent executes a voluntary written waiver of the Respondent's right to a UAPA Hearing.

(f) Emergency Ad Hoc Committee Hearing. When, in the judgment of the Chancellor, conditions are such that the functioning of a Hearing Officer Hearing or Student Conduct Board Hearing to resolve Code violation charges is impractical, the Vice Chancellor for Student Affairs may suspend the procedural rules for Hearing Officer Hearings and Student Conduct Board Hearings under this Chapter and appoint an ad hoc committee to hear a student conduct matter. Any such ad hoc committee will follow procedures that will insure the Respondent is provided due process. The decision of the ad hoc committee may be appealed in accordance with Section .12 of this Chapter as if the decision were issued by a Hearing Officer or Student Conduct Board. The preceding provisions of this Section .07(1)(f) do not apply to cases in which a Formal Complaint is filed alleging Title IX Allegations.

(g) All cases in which a Formal Complaint is filed alleging Title IX Allegations will proceed to a Title IX Hearing without either party having to elect the hearing.

(2) Resolution by Resolution Agreement. At any time during the student conduct process, the Respondent may resolve charges of violations of the Code (other than Title IX Allegations) by entering into a Resolution Agreement with the University.

(a) By signing a Resolution Agreement, the Respondent:

(i) accepts responsibility for the Code violations indicated in the agreement;

(ii) agrees to the imposition of the disciplinary sanctions indicated in the agreement; and

(iii) waives all rights the Respondent may have to resolve the charges through a Formal Hearing.

(b) Subject to Section .07(2)(c) of this Chapter, a Resolution Agreement will not become binding and effective until it is signed by the Respondent and an authorized University official. A Respondent may not revoke or appeal a Resolution Agreement at any time after the Respondent signs the agreement.

(c) The Complainant will have the right in certain cases (where provided by law or University rules or policy) to appeal the terms of a Resolution Agreement. In such cases, the procedures under this Section .07(2)(c) will apply. In a case in which the Complainant has the right to appeal the terms of a Resolution Agreement and properly exercises such right, the agreement will not become binding and effective unless and until the issuance of a final decision on appeal upholding the agreement.

1. For a Resolution Agreement entered into between the Respondent and the University in any case in which the UAPA Hearing procedure has not been selected and initiated for resolution of the charge(s), the Office of Student Conduct will provide written notice to the Complainant of the agreement, and the Complainant may appeal the agreement in writing to the Vice Chancellor for Student Affairs within five (5) business days of the effective date of the notice of the agreement. The Vice Chancellor for Student Affairs must either uphold or reject the agreement in its entirety and provide notice of his or her decision to the Complainant and Respondent within ten (10) business days of receipt of the Complainant's appeal. If the Vice Chancellor for Student Affairs upholds the Resolution Agreement, the decision is final and the agreement will become effective and binding. If the Vice Chancellor for Student Affairs rejects the Resolution Agreement, the Office of Student Conduct will continue the student conduct process and resolve the charge(s) against the Respondent in accordance with the Code.

2. For a Resolution Agreement entered into between the Respondent and the University in which the UAPA Hearing procedure has been selected and initiated for resolution of the charge(s), the availability of any appeal of the Resolution Agreement will be determined by the UAPA Administrative Judge under Chapter 1720-01-05.

(d) Formal Complaints alleging Title IX Allegations may not be resolved through a Resolution Agreement but may be resolved through an Informal Resolution in accordance with Section .07(4).

(3) Resolution by Alternative Resolution Agreement.

(a) Proposal of Alternative Resolution. At any time during the student conduct process, allegations or charges of violations of the Code against the Respondent (other than Title IX Allegations) may be resolved through an Alternative Resolution Agreement. An alternative resolution is a resolution that is reached through a process and/or by a sanction or restriction not described in the Code. Before proposing an alternative resolution, the Office of Student Conduct shall determine whether an alternative resolution would be appropriate based on the facts and circumstances of the case, and if so, what type of alternative resolution process should be used. Subject to Section .07(3)(c), in cases in which a Formal Complaint is filed alleging violations of Standard of Conduct 7 under Section .04(7) of this Chapter, the Title IX Coordinator will make that determination in consultation with the Office of Student Conduct. The process of trying to reach an alternative resolution is voluntary (i.e., neither the Respondent nor a Complainant is required to participate). If an Alternative Resolution Agreement as defined under Section .07(3)(b) is not reached, then the Office of Student Conduct will continue the student conduct process and resolve the allegations or charges against the Respondent in accordance with the Code.

(b) Alternative Resolution Agreement. An Alternative Resolution Agreement is a written agreement that confirms an agreement to resolve the allegations or charges against the Respondent through an alternative resolution. To be valid, an Alternative Resolution Agreement shall in all cases be signed by the Office of Student Conduct and the Respondent, and shall include a waiver of the Respondent's right, if any, to have a Formal Hearing on the allegations or charges. Prior to the execution of an Alternative Resolution Agreement, if a Complainant has not participated with the Office of Student Conduct in the discussion of an alternative resolution, then the Office of Student Conduct will provide the Complainant with an opportunity to provide a timely objection to the proposed alternative resolution. In appropriate cases, the Office of Student Conduct may request the Complainant to sign the Alternative Resolution Agreement and determine that the Alternative Resolution Agreement is not effective without the Complainant's signature. Neither the Respondent nor the Complainant may revoke or appeal an Alternative Resolution Agreement.

(c) Formal Complaints alleging Title IX Allegations may not be resolved through an Alternative Resolution Agreement but may be resolved through an Informal Resolution in accordance with Section .07(4).

(4) Informal Resolution. In cases in which a Formal Complaint is filed alleging Title IX Allegations, at any time prior to reaching a determination regarding responsibility, the Office of Student Conduct may facilitate an informal resolution process that does not involve a full investigation and adjudication. To facilitate an informal resolution, the Office of Student Conduct will (i) provide to the parties a written notice disclosing the allegations and the requirements of the informal resolution process, including the circumstances under which it precludes the parties from resuming a Formal Complaint arising from the same allegations, and (ii) obtain the parties' voluntary, written consent to the informal resolution process. At any time prior to agreeing to a resolution, any party has the right to withdraw from the informal resolution process and resume the student conduct process with respect to the Formal Complaint.

(5) Behavioral Agreement. In cases involving allegations of the Respondent engaging in behavior in the classroom or other areas of campus in violation of the Code, the Office of Student Conduct may request that the Respondent enter into a Behavioral Agreement to remediate and/or prevent recurrence of the alleged behavior. Under a Behavioral Agreement, the Respondent is allowed to continue participating in University programs and services with limited restrictions and/or conditions as provided under the agreement. Any violation of a Behavioral Agreement will be considered a violation of the Code and may result in disciplinary sanctions against the Respondent.

Notes

Tenn. Comp. R. & Regs. 1720-02-05-.07

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 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 February 23, 2016. Amendment filed September 14, 2015; effective December 13, 2015. Emergency rules filed June 29, 2018; effective through December 26, 2018. Amendment 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., 49-7-1704, and 49-9-209(e); Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5; and Public Acts of Tennessee, 1807, Chapter 64.