Tenn. Comp. R. & Regs. 1720-02-05-.11 - DISCIPLINARY SANCTIONS
(1) Disciplinary
sanctions are primarily intended to:
(i)
educate Respondents about appropriate behavior;
(ii) encourage Respondents to take
responsibility for Code violation(s);
(iii) encourage and promote the personal and
professional development of Respondents;
(iv) discourage other students from violating
the Code; and/or
(v) protect
members of the University community.
(2) The disciplinary sanctions imposed on a
Respondent should be appropriate for the particular case based on the gravity
of the Code violation, including, without limitation, how the violation
affected or reasonably could have affected other members of the University
community. Consideration also may be given to other aggravating or mitigating
factors, including, without limitation:
(i)
the Respondent's student conduct record;
(ii) whether the Respondent committed the
violation while acting in self-defense;
(iii) the Respondent's responsiveness to the
student conduct process; and
(iv)
the Respondent's academic classification.
(3) The following disciplinary sanctions may
be imposed on a student (excluding student organizations) found to have
violated the Code:
(a) Disciplinary
Reprimand. A disciplinary reprimand is a written warning that informs a
Respondent that the Respondent is violating or has violated the Code and must
cease and desist from engaging in the misconduct and/or prevent the misconduct
from occurring again. A disciplinary reprimand will also inform the Respondent
that any further violations of the Code may result in the imposition of more
severe sanctions.
(b) Loss or
Restriction of Privileges. The University may impose a loss and/or restriction
of privileges on a Respondent. Privileges that may be lost and/or restricted
include, without limitation, the following:
(i) scholarships;
(ii) stipends;
(iii) participation in co-curricular and/or
extracurricular activities; and
(iv) use and/or access to certain
University-controlled property. A loss and/or restriction of privileges may be
imposed for a definite or indefinite period of time.
(c) Community Service. A Respondent may be
required to perform unpaid service for a designated University department,
program, or service and/or a University-affiliated or unaffiliated
not-for-profit or volunteer organization.
(d) Educational Sanction. A Respondent may be
required to complete an educational assignment or program. Educational
assignments and programs are designed to educate the Respondent about why
certain conduct is inappropriate. Examples of educational assignments include,
without limitation:
(i) writing a reflection
and/or research paper on a designated topic;
(ii) completing a research project on a
designated topic;
(iii) giving a
presentation on a designated topic; and
(iv) issuing a formal apology in writing
and/or in person. An educational program may include, without limitation,
attending and satisfactorily completing an in-person or distance learning
course, training, or workshop on alcohol or drug use, civility, ethics, or
other topics deemed appropriate by the Office of Student Conduct. The
Respondent will be responsible for all costs associated with the educational
assignment or program.
(e) Fee or Fine. The University may impose a
monetary fee or fine for any cost incurred by the University as a result of the
Respondent's conduct and may require that the Respondent pay the fee or fine by
a designated due date.
(f)
Restitution. The University may require a Respondent to make restitution to
another person or organization or the University for destruction, damage, or
loss of property caused by the Respondent, or for unreimbursed medical expenses
resulting from physical injury of another person caused by the Respondent.
Restitution may take the form of a monetary payment or appropriate service to
repair or otherwise compensate for the destruction, damage, or loss caused by
the Respondent.
(g) Reassignment or
Removal from University Housing. The University may reassign a Respondent to a
different University housing facility or remove and prohibit a Respondent from
residing in any University housing facility for a definite or indefinite period
of time.
(h) Disciplinary
Probation. A Respondent may be placed on disciplinary probation for serious or
moderate Code violations or in the case of multiple or repeated minor Code
violations. A Respondent may be placed on disciplinary probation for a definite
or indefinite period of time, during which time the Respondent may continue to
be enrolled at the University. While the Respondent is on disciplinary
probation, conditions may be placed on the Respondent's continued enrollment at
the University, and University departments, programs, and/or services may limit
or prohibit participation in certain activities. If a Respondent commits any
further Code violations while on disciplinary probation, the Respondent may be
subject to more severe sanctions up to and including permanent
dismissal.
(i) Suspension.
Suspension is an official separation from the University for a specific period
of time and/or until certain conditions are met. A Respondent may be suspended
from the University for serious Code violations, in the case of multiple or
repeated moderate or minor Code violations, and/or for any Code violations
while on disciplinary probation. While on suspension, a Respondent (i) loses
all rights and privileges at the University; (ii) may not represent the
University in any manner; and (iii) is ineligible to apply for readmission to
the University during the suspension period and/or until certain conditions are
met. If a Respondent is suspended, the Respondent is prohibited, without the
prior approval of the Vice Chancellor for Student Affairs (or his or her
designee), from entering upon all University-controlled property, including
University residence halls, from the date that the suspension period begins
until such date that the Respondent is readmitted to the University (even if
the suspension period ends prior to the date of the Respondent's readmission).
Entering upon University-controlled property without prior approval from the
Vice Chancellor for Student Affairs (or his or her designee) may result in
criminal trespass charges against the Respondent under the criminal laws of the
State of Tennessee. Respondents permitted to return to the University following
a period of suspension will be automatically placed on disciplinary probation
for a designated period of time following their return. A Respondent who
commits any Code violations while on suspension may be subject to suspension
for an additional period of time or barred from readmission and/or
re-enrollment at the University.
(j) Permanent Dismissal. Permanent dismissal
is an official and permanent separation from the University. A Respondent may
be permanently dismissed from the University when the Respondent's commission
of one (1) or more Code violations is deemed so serious as to warrant total and
permanent disassociation from the University or when, through repeated
violations of the Code and/or violations of the Code while on disciplinary
probation or suspension, the Respondent exhibits blatant disregard for (i) the
health, safety, and welfare of himself or herself or other members of the
University community or (ii) the University's right to establish rules of
conduct. A Respondent who is permanently dismissed from the University:
(i) loses all rights and privileges at the
University;
(ii) may not represent
the University in any manner;
(iii)
is indefinitely prohibited, without prior approval of the Vice Chancellor for
Student Affairs (or his or her designee) from entering upon all
University-controlled property, including University residence halls;
and
(iv) is permanently barred from
re-enrolling at the University. Entering upon University-controlled property
without prior approval from the Vice Chancellor for Student Affairs (or his or
her designee) may result in criminal trespass charges against the Respondent
under the criminal laws of the State of Tennessee.
(k) Revocation of Admission. The University
may revoke a Respondent's admission to the University after the Respondent's
admission to the University but prior to Respondent's enrollment at the
University, if the Respondent (i) provides false or incomplete information on
Respondent's application for admission; or (ii) violates federal, state, or
local law or the Code prior to enrollment. A Respondent whose admission has
been revoked:
(i) loses all rights and
privileges at the University;
(ii)
may not represent the University in any manner; and
(iii) is indefinitely prohibited from
entering upon all University-controlled property, including residence halls,
without prior approval of the Vice Chancellor for Student Affairs (or his or
her designee). Entering upon University-controlled property without prior
approval from the Vice Chancellor for Student Affairs may result in criminal
trespass charges against the Respondent under the criminal laws of the State of
Tennessee.
(l)
Withholding of Degree. The University may withhold awarding a degree to a
Respondent who has violated any University rule or policy. The University may
withhold a degree for a definite period of time and/or until the Respondent has
completed or served all sanctions or other requirements imposed by the
University for releasing its award of the degree.
(m) Revocation of Degree. The University make
revoke a degree awarded to a Respondent if the Respondent obtained the degree,
in part, through cheating, plagiarism, academic dishonesty, research
misconduct, or other serious violation of the Code. The University may also
revoke a Respondent's degree if, after the degree was awarded, the University
determines that the Respondent committed a serious violation of the Code while
a student, but prior to being awarded the degree, that would have warranted
permanent dismissal of the Respondent. Before a Respondent's degree may be
revoked, the Chancellor must approve the revocation of the degree.
(4) The following disciplinary
sanctions may be imposed on a student organization found to have violated the
Code:
(a) Disciplinary Reprimand. A
disciplinary reprimand is a written warning that informs a Respondent that the
Respondent is violating or has violated the Code and must cease and desist from
engaging in the misconduct and/or prevent the misconduct from occurring again.
A disciplinary reprimand will also inform the Respondent that any further
violations of the Code may result in the imposition of more severe
sanctions.
(b) Loss or Restriction
of Privileges. The University may impose a loss or restriction of privileges on
a Respondent. Privileges that may be lost or restricted include, without
limitation, the following:
(i) participation
in extracurricular activities (e.g., intramurals);
(ii) housing privileges;
(iii) participation in or sponsorship of
social activities; and
(iv) use
and/or access to certain University-controlled property. A loss or restriction
of privileges may be imposed for a definite or indefinite period of
time.
(c) Fee or Fine.
The University may impose a monetary fee or fine for any cost incurred by the
University as a result of the Respondent's conduct and may require that the
Respondent pay the fee or fine by a designated due date.
(d) Restitution. The University may require a
Respondent to make restitution to another person or organization or the
University for destruction, damage, or loss of property caused by the
Respondent, or for unreimbursed medical expenses resulting from physical injury
of another person caused by the Respondent. Restitution may take the form of a
monetary payment or appropriate service to repair or otherwise compensate for
the destruction, damage, or loss caused by the Respondent.
(e) Community Service. Members of the
Respondent may be required to perform unpaid service for a designated
University department, program, or service and/or a University- affiliated or
unaffiliated not-for-profit or volunteer organization.
(f) Educational Sanction. Members of the
Respondent may be required to complete an educational program. Educational
programs are designed to educate the Respondent's members about why certain
conduct is inappropriate. An educational program may include, without
limitation, attending and satisfactorily completing an in-person or distance
learning course, training, or workshop on alcohol or drug use, civility,
ethics, or other topics as deemed appropriate by the Office of Student Conduct.
The Respondent will be responsible for all costs associated with the
educational program.
(g)
Disciplinary Probation. A Respondent may be placed on disciplinary probation
for serious or moderate Code violations or in the case of multiple or repeated
minor Code violations. A Respondent may be placed on disciplinary probation for
a definite or indefinite period of time, during which time the Respondent may
continue to operate at the University. While the Respondent is on disciplinary
probation, conditions may be placed on the Respondent's continued operation,
and University departments, programs, and/or services may limit or prohibit
Respondent's participation in certain activities. If a Respondent commits any
further Code violations while on disciplinary probation, the Respondent may be
subject to more severe sanctions up to and including suspension or revocation
of University registration.
(h)
Suspension. Suspension is an official separation from the University for a
definite period of time and/or until certain conditions are met. A Respondent
may be suspended from the University for serious Code violations, in the case
of multiple or repeated moderate or minor Code violations, and/or for any Code
violations while on disciplinary probation. While on suspension, a Respondent
(i) may not operate at the University; (ii) may not represent the University in
any manner; (iii) and is ineligible to resume operations at the University
during the suspension period and/or until certain conditions are met. The Vice
Chancellor for Student Affairs will determine whether the Respondent has
fulfilled the required conditions for resuming operations at the University.
Respondents permitted to resume operating at the University following a period
of suspension will be automatically placed on disciplinary probation for a
designated period of time following the suspension term. A Respondent who
commits any Code violations while on suspension may be subject to suspension
for an additional period of time or revocation of its registration with the
University.
(i) Revocation of
University Registration. In cases of a serious Code violation by a Respondent
or a Respondent's violation of the Code while on disciplinary probation or
suspension, the University may revoke the Respondent's registration with the
University and cease to recognize the Respondent as a University-sanctioned
student organization for a definite or indefinite period of time. If a
Respondent's registration is revoked, the Respondent is barred from operating
at the University.
(5)
More than one (1) of the disciplinary sanctions provided in this Section .11
may be imposed on a Respondent for any single violation of the Code.
(6) Disciplinary sanctions may be applied
retroactively to the date of the Code violation(s) committed by the
Respondent.
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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