Tenn. Comp. R. & Regs. 1720-02-05-.08 - HEARING OFFICER HEARINGS
(1) Hearing
Officer. A Hearing Officer Hearing is held before and conducted by a Hearing
Officer. The Hearing Officer serves as the decision-maker in determining
whether the Respondent is responsible for the charged Code violation(s) and the
disciplinary sanction(s), if any, to be imposed. A Hearing Officer is a
University employee selected by the Office of Student Conduct. Hearing Officers
are trained by the Office of Student Conduct to conduct Hearing Officer
Hearings in accordance with the Code.
(2) Fairness & Impartiality. The Hearing
Officer will be fair and impartial, and any party to a Hearing Officer Hearing
has the right to challenge the fairness or impartiality of the Hearing Officer.
Any Hearing Officer lacking fairness or impartiality will recuse himself or
herself or may, for good cause and at the discretion of the Vice Chancellor for
Student Affairs (or his or her designee), be removed from serving as Hearing
Officer for the hearing.
(3)
Notice. If the Respondent timely requests a Hearing Officer Hearing in
accordance with Section .07(1)(b) of this Chapter, the Hearing Officer will
send the Respondent (and the Complainant, where provided by law or University
rules or policy) notice of the time, place, and date of the hearing at least
five (5) business days in advance of the date of the hearing. Notwithstanding
any provisions in the Code to the contrary, including this Section .08(3), and
except in cases involving a Complainant, if the Respondent requests at the
Preliminary Meeting to hold a Hearing Officer Hearing immediately following the
Preliminary Meeting, the Hearing Officer may agree to hold the hearing as
requested. In such case, a Notice of Charges and a notice of hearing will not
be provided to the Respondent.
(4)
Hearing Procedure. A Hearing Officer will conduct a Hearing Officer Hearing in
accordance with the following general procedures and rules:
(a) The hearing will be closed to the
public.
(b) The Hearing Officer
will determine all procedural questions.
(c) The Respondent (and the Complainant in
certain cases, as provided by law or University rules or policy) will be
considered a party to the proceeding.
(d) Each party (and their respective
advisors, if any) will be allowed to attend the portion of the hearing during
which questioning is conducted and information is received by the Hearing
Officer.
(e) Each party will be
afforded a full and fair opportunity to present all evidence, including witness
testimony, that reasonably relates to the charge or action at issue.
(f) The Hearing Officer may limit the
presentation of evidence which is irrelevant or unreasonably repetitious or
voluminous.
(g) The Hearing Officer
will consider all evidence presented and give due consideration to the
credibility or weight of the information presented. Technical rules of
evidence, such as evidentiary rules applicable to civil or criminal court
proceedings, will not apply.
(h)
The Hearing Officer will apply the preponderance of the evidence standard in
determining whether or not the Respondent is responsible for the charged Code
violation(s).
(i) An appropriate
record of the hearing proceedings will be made. An audio or video record may be
made of the hearing. Defects in the record will not invalidate the
proceedings.
(j) Following the
conclusion of the hearing, the Hearing Officer will provide each party with a
Notice of Decision setting forth the Hearing Officer's decision on
responsibility and, if applicable, the disciplinary sanctions to be issued
against the Respondent and their effective date.
(5) Multiple Respondents. In cases involving
more than one (1) Respondent, the Hearing Officer has the discretion to hold
one (1) hearing for all of the Respondents or separate hearings for each
Respondent. Any Respondent may, prior to the hearing, request that his or her
hearing be conducted separately from the other Respondent(s). Such a request
must be made in writing to the Hearing Officer using the form(s) provided by
the University. The Hearing Officer will decide whether or not to grant such a
request, and the Hearing Officer's decision will be final.
(6) Failure to Appear. If proper notice of
the Hearing Officer Hearing is provided to the Respondent in accordance with
Section .08(3) of this Chapter but the Respondent fails to appear at the
hearing, 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 in
accordance with Section .13(3) of this Chapter. Notwithstanding the provisions
of this Section .08(6), the Office of Student Conduct may decline to issue a
Notice of Decision and permit the Respondent to contest the charge(s) through a
Hearing Officer Hearing upon a showing of good cause by the Respondent for his
or her failure to appear.
(7)
Prohibition of Complainant's Participation. Notwithstanding any provisions of
the Code to the contrary, including, without limitation, in this Section .08, a
Complainant or other student not designated as a Respondent will not have the
right to attend or participate in a Hearing Officer Hearing or otherwise
receive information concerning the hearing if such attendance, participation,
or receipt of information would violate federal or state law.
(8) Appeal. The decision of the Hearing
Officer may be appealed to the Vice Chancellor for Student Affairs in
accordance with Section .12 of this Chapter.
Notes
Authority: T.C.A. ยง 49-9-209(e); Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5; and Public Acts of Tennessee, 1807, Chapter 64.
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