Tenn. Comp. R. & Regs. 1720-02-05-.09 - STUDENT CONDUCT BOARD HEARINGS

(1) Student Conduct Board Hearing and Chairperson.

(a) A Student Conduct Board Hearing is held before a Student Conduct Board and chaired by a Student Conduct Board Chairperson. The Student Conduct Board 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.

(b) The Student Conduct Chairperson is appointed by the Office of the Dean of Students (or designee) to preside over and facilitate a Student Conduct Board Hearing to ensure that the hearing is conducted in accordance with the Code. Except as provided under Section .09(7)(j) of this Chapter, the Student Conduct Board Chairperson will not vote on the issues to be decided by the Student Conduct Board. The Student Conduct Board Chairperson will be a University employee trained by the Office of Student Conduct on the procedures for conducting a Student Conduct Board Hearing in accordance with the Code.

(2) Student Conduct Board. The Student Conduct Board is a panel of appointed students, faculty, and staff, that serves as the decision-maker for the hearing.

(a) For each Student Conduct Board Hearing, the Office of the Dean of Students (or designee) will appoint members to serve on the Student Conduct Board from an annually-selected pool of qualified students, faculty members, and staff employees. In order to be qualified for the pool, a student, faculty member, or staff employee must be in good standing with the University. All persons appointed to serve on the board will be trained by the Office of Student Conduct (or other University officials) on their duties and responsibilities as board members under the Code.

(b) The Student Conduct Board empaneled ad hoc for each hearing from the pool described under Section .09(2)(a) of this Chapter will consist of one (1) Student Conduct Board Chairperson and six (6) voting members, with at least one (1) voting student and one (1) voting faculty member or staff employee, unless otherwise provided under Section .09(2)(b)1. and Section .09(2)(b)2. of this Chapter.

1. A hearing may be held before a Student Conduct Board consisting of less than six (6) voting members with the consent of the Respondent (and the Complainant in certain cases as provided by law or University rules or policy).

2. In cases involving charges of violations of Standard of Conduct 7 under Section .04(7) of this Chapter which do not involve Title IX Allegations, the Office of the Dean of Students (or designee) will not appoint students to serve on the Student Conduct Board unless both the Complainant and Respondent consent to having students appointed to serve on the Student Conduct Board Hearing for their case.

(3) Fairness & Impartiality. The Student Conduct Board members, including the Student Conduct Board Chairperson, will be fair and impartial. Any party to a Student Conduct Board Hearing will have the right to challenge the fairness or impartiality of the Student Conduct Board Chairperson or any voting member of the Student Conduct Board. Any voting member of the Student Conduct Board lacking fairness or impartiality will recuse himself or herself, or for good cause and at the Student Conduct Board Chairperson's discretion, be removed from the board. Any Student Conduct Board Chairperson lacking fairness or impartiality will recuse himself or herself, or for good cause and at the discretion of the Vice Chancellor of Student Affairs (or his or her designee), be removed from presiding over the hearing.

(4) Notice. If the Respondent timely requests a Student Conduct Board Hearing in accordance with Section .07(1)(b) of this Chapter, the Office of Student Conduct will provide the Respondent (and the Complainant in certain cases, where provided by law or University rules or policy) with notice of the time, place, and date of the hearing at least five (5) business days in advance of the date of the hearing.

(a) In cases involving charges of violations of Standard of Conduct 7 under Section .04(7) which do not involve Title IX Allegations, at least five (5) business days in advance of the date of the hearing, the Office of Student Conduct will provide the Respondent with notice of the following additional information:

1. The name of each witness the University expects to present at the hearing or may present if the need arises;

2. The Respondent's right to request a copy of the Office of Student Conduct'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

3. The Respondent's right to request copies of all documents, copies of all electronically-stored information, and access to tangible evidence that 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.

(5) Pre-Hearing Submissions from Parties. At least five (5) business days in advance of the date of the hearing, the Respondent (and the Complainant, where provided by law or University rules or policy), must provide the following information to the Office of Student Conduct:

(a) The names of all witnesses the party plans to present to the Student Conduct Board and a brief summary of the information that the party reasonably anticipates each witness to provide.

(b) A copy of all tangible or electronic information that the party plans to present to the Student Conduct Board (including, but not limited to, witness statements, video or audio recordings, photographs, e-mails, text messages, telephone records, medical bills, demonstrative exhibits, etc.). The party is not required to provide actual items of physical evidence (including, but not limited to, a weapon or article of clothing), but instead may provide photographs of such items.

(c) A copy of a written statement, if any, that the party wants the Student Conduct Board to consider. A Complainant's statement may include a description of the impact of the Respondent's alleged conduct on the Complainant. The Respondent's statement may include a description of any factors the Respondent believes mitigate the alleged Code violation(s) or proposed disciplinary sanction(s).

(6) Pre-Hearing Review of Information. After notice of the Student Conduct Board Hearing is provided to the Respondent (and the Complainant, where provided by law or University rules or policy) in accordance with Section .09(4) of this Chapter, the Office of Student Conduct will make available to each party the materials submitted by each party and the University upon the request of a party. Notwithstanding any provision to the contrary in this Section .09(6), no less than one (1) business day prior to the hearing, the Office of Student Conduct will make the materials submitted by each party and the University available for review by each party and their respective advisors, the Student Conduct Board Chairperson, and the voting members of the Student Conduct Board. The Office of Student Conduct will notify each party, the Student Conduct Board Chairperson, and the voting members of the Student Conduct Board when the materials are ready for review in the Office of Student Conduct or when the materials will be sent to them electronically. The Office of Student Conduct may redact irrelevant and/or protected information from any materials made available for review.

(7) Hearing Procedure. The Student Conduct Board Chairperson will conduct a Student Conduct Board Hearing in accordance with the following general procedures and rules:

(a) The hearing will be closed to the public.

(b) The Student Conduct Board Chairperson will determine all procedural questions. The Student Conduct Board Chairperson may be assisted by a procedural advisor appointed by the Office of Student Conduct.

(c) The Respondent (and the Complainant in certain cases, where provided by law or University rules or policy) will be considered a party to the proceeding.

(d) Each party and their respective advisors will be allowed to attend the portion of the hearing during which questioning is conducted and information is received from the parties or the University. The parties (and their advisors) will not be allowed to attend the portion of the hearing during which deliberations by the Student Conduct Board occur.

(e) Each party will be afforded a full and fair opportunity to present an opening statement, any evidence, including witness testimony, that reasonably relates to the charge or action at issue, and a closing statement.

(f) The Student Conduct Board Chairperson may bar or limit the presentation of evidence which is not provided to the Office of Student Conduct in advance of the hearing in accordance with Section .09(5) of this Chapter, or which (i) is irrelevant, (ii) unreasonably repetitious or voluminous; or (iii) protected from disclosure under federal, state, or local law.

(g) The Student Conduct Board 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 Student Conduct Board 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 will be made of the hearing, except for the portion of the hearing in which the Student Conduct Board deliberates and votes on its decision. Defects in the record will not invalidate the proceedings.

(j) After all information for consideration has been presented to the Student Conduct Board, the parties (and their advisors, if any) will be excused, and the members of the Student Conduct Board will deliberate and vote on the following issues:

(i) whether the Respondent is responsible for the charged Code violation(s) and

(ii) the disciplinary sanctions, if any, to be issued. The decision of the board on each issue will be made by simple majority of the voting members' votes. In the event of a tie-vote among the voting members, the Student Conduct Board Chairperson will cast the tie-breaking vote.

(k) At the conclusion of the hearing, the Student Conduct Board Chairperson will provide each party with a Notice of Decision setting forth the Student Conduct Board's decision on responsibility and, if applicable, the disciplinary sanctions to be issued against the Respondent and their effective date.

(8) Multiple Respondents. In cases involving more than one (1) Respondent, the Student Conduct Board Chairperson 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 Respondents' hearings. Such a request must be made in writing to the Student Conduct Board Chairperson using the form(s) provided by the University. The Student Conduct Board Chairperson will decide whether or not to grant such a request, and the Student Conduct Board Chairperson's decision will be final.

(9) Failure to Appear. If proper notice of the Student Conduct Board Hearing is provided to the Respondent in accordance with Section .09(4) 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 foregoing provisions of this Section .09(9), the Office of Student Conduct may decline to issue a Notice of Decision and permit the Respondent to contest the charge(s) through a Student Conduct Board Hearing upon a showing of good cause by the Respondent for his or her failure to appear.

(10) Prohibition of Complainant's Participation. Notwithstanding any provisions of the Code to the contrary, including, without limitation, any provisions in this Section .09, a Complainant or other student not designated as a Respondent will not have the right to attend or participate in a Student Conduct Board Hearing or otherwise receive information concerning the hearing if such attendance, participation, or receipt of information would violate federal or state law.

(11) Appeal. The decision of the Student Conduct Board may be appealed to the Vice Chancellor for Student Affairs in accordance with Section .12 of this Chapter.

Notes

Tenn. Comp. R. & Regs. 1720-02-05-.09

Original 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. 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. §§ 49-7-1703, 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.