Tenn. Comp. R. & Regs. 1720-04-03-.15 - DEFINITIONS OF TERMS USED IN THE CODE

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

(1) Attend: To participate in a meeting or hearing electronically or in person.

(2) Business Day: Any weekday not designated by the University as a holiday or administrative closure day. When calculating a time period of business days specified in the Code, the business day of the event that triggers a time period is excluded.

(3) Chairperson: A faculty or staff member appointed by SCCS to preside over and facilitate a SCB Hearing.

(4) Code, Code of Conduct, or Student Code of Conduct: The University of Tennessee, Knoxville's Student Code of Conduct, Chapter 1720-04-03.

(5) Complainant: An individual who may have been subjected to student conduct that violates the Standards of Conduct, regardless of whether that individual makes a complaint or report to SCCS. This term does not imply pre-judgment concerning whether the Respondent violated the Standards of Conduct. SCCS is the final decision maker with respect to whether an individual is a Complainant for purposes of the Code.

(6) Conduct Officer: A University employee designated by SCCS to present information on behalf of SCCS to the Student Conduct Board.

(7) Disciplinary Hold: The University hold described in Section .06(3)(c).

(8) Disciplinary Records: A written record that personally identifies a Respondent and is maintained by SCCS.

(9) Faculty Member or Instructor: A person hired by the University to conduct teaching, research, or supervised clinical placements.

(10) 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:

(a) Formal Complaints that include Title IX Allegations (as defined under Section .15(29)); and

(b) 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.

(11) Formal Hearing: A SCB Hearing, a hearing before a Student Life Hearing Officer, a Title IX Hearing, and/or a UAPA Hearing.

(12) 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 information that would negate the former information.

(13) Member of the University Community: A person who is a student, University employee, University volunteer, invited visitor to University-controlled property, or participant in a University-affiliated activity.

(14) Notice or Notify (given to students): Written notice transmitted by United States mail, courier service, or hand delivery to the address the University's Registrar has on file for the student; and/or by e-mail to a student's University-provided e-mail account. 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. When a notice is transmitted by e-mail, the notice is effective on the date that the e-mail is sent. A student's University-issued e-mail address is the official method of communication used by SCCS.

(15) Possession: Direct 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 it is a reasonable presumption that one had knowledge of the substance or property.

(16) Protected Activity: A person's good faith:

(a) opposition to conduct prohibited under the Standards of Conduct;

(b) report to the University about conduct prohibited under the Standards of Conduct to the University;

(c) participation (or reasonable expectation of participation) in any manner in an investigation, meeting, hearing, or interim measure; or

(d) exercise of rights or responsibilities under any provision of the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act.

(17) Reasonable Person: A sober, objectively reasonable person in the same situation, and with the same sex, gender identity, and sexual orientation as the person whose words and/or conduct are being evaluated.

(18) Relevant Information: Information having any tendency to make the existence of any fact that is of consequence to determining whether the Respondent violated the Standards of Conduct 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 or student organization who has been accused of violating the Standards of Conduct and/or whose conduct is being investigated by SCCS.

(20) Sanction: An administrative sanction and/or a developmental sanction.

(21) SCB: Student Conduct Board.

(22) SCCS: The Office of Student Conduct and Community Standards, which acts through University employees designated by the Director of SCCS to act on behalf of the University in the student conduct process, including, without limitation, University employees who work in SCCS and University employees who work in University Housing.

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

(a) 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;

(b) 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

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

(24) Staff Member: A person employed by the University on a part- or full-time basis, primarily involved in planning, organizing, staffing, directing and controlling efforts to achieve the goals and objectives of the University.

(25) Standards of Conduct: Chapter 1720-04-03-.04.

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

(a) A person enrolled or registered for study at the University, either full-time or part-time, pursuing undergraduate, graduate, or professional studies, as well as non-degree and non-credit programs and courses;

(b) A student organization;

(c) A person who has completed the immediately preceding academic term and is eligible for re-enrollment;

(d) A person who is not officially enrolled but who has a continuing relationship with the University (e.g., on educational leave or other approved leave status);

(e) A person who attended the University during a previous academic term and who engaged in misconduct during the time of enrollment; and/or

(f) A person who has been admitted to the University and later matriculates at the University, with respect to misconduct:

1. That occurs as part of the application process; or

2. That occurs post-admission and pre-matriculation and falls within the jurisdiction of the Code (e.g., occurs on University-controlled property).

(27) Student Life Hearing Officer. As more fully described in Section .07(2)(d), a University employee designated by the Director of SCCS to conduct a Formal Hearing.

(28) Student Organization: An organization composed of University students that has submitted a pending application or has completed the process for registration 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 .15(23)) in the University's education program or activity and occurred within the United States.

(30) Title IX Hearing Officer. As more fully described in Section .09(2), a person or persons appointed to conduct a Title IX Hearing.

(31) UAPA: Uniform Administrative Procedures Act, Tennessee Code Annotated, §§ 4-5-301 et seq.

(32) UAPA Hearing: A formal hearing conducted by an administrative judge or hearing officer in accordance with the University's procedures for conducting a contested case hearing pursuant to the UAPA, Chapter 1720-01-05.

(33) University: The University of Tennessee, Knoxville, which includes the University of Tennessee Institute of Agriculture and the University of Tennessee Space Institute; and their campuses, centers, and constituent parts including, without limitation, their academic, administrative, or auxiliary departments or divisions.

(34) University-Affiliated Activity: An activity on or off University-controlled property that is initiated, aided, authorized, sponsored, or supervised by the University.

(35) University-Controlled Property: All land, grounds, structures, or any other property owned, controlled, or operated by the University. For purposes of this rule, University-controlled property includes, without limitation, all streets, alleys, sidewalks, and public ways abutting such property. University-controlled property also includes computers and network systems owned, controlled, or operated by the University or funded by the University.

(36) University Official: An employee of the University, including, without limitation, faculty members and staff members, or, for purposes of this Code, a University-recognized volunteer, when acting in the performance of their duties. Student employees may be considered University officials when acting in the performance of their duties (e.g., event staff, resident assistants, and teaching assistants).

(37) Vice Chancellor for Student Life: The University's chief student affairs officer, to whom the Chancellor has delegated responsibility for the administration of the Code. For the purposes of the Code, the term also includes any University employee whom the Vice Chancellor for Student Life designates to act in place of the Vice Chancellor for Student Life.

(38) 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, firearms (loaded and unloaded, real firearms and devices that would reasonably appear to a law enforcement officer to be real firearms), ammunition, electronic control devices (such as tasers and stun guns), devices designed to discharge an object (such as bb guns, air guns, pellet guns, potato guns, and slingshots, but not water guns), explosives, dangerous chemicals (such as mace, tear gas, and oleoresin capsicum), martial arts weapons, bows and arrows, artificial knuckles, nightsticks, blackjacks, dirks, daggers, swords, and knives with fixed blades longer than four (4) inches. The term "weapon" does not include pocket knives that fold (but not excluding switchblades); chemical repellents available over-the-counter for self-defense; instruments used solely for personal hygiene, preparation of food, maintenance, University-related instruction, or University employment-related duties.

(39) Written: To communicate words on paper or electronically. A notice delivered via e-mail constitutes a written notice under the Code.

Notes

Tenn. Comp. R. & Regs. 1720-04-03-.15

Original rule filed May 27, 1986; effective August 12, 1986. Amendment filed March 22, 1990; effective June 26, 1990. Amendment filed August 31, 1995; effective December 30, 1995. Amendment to renumber rule from 1720-04-03-.13 filed January 13, 1999; effective May 31, 1999. Repeal and new rule filed April 12, 2012; effective September 28, 2012. Repeal and new rules filed May 24, 2017; effective August 22, 2017. Rule was originally numbered 1720-04-03-.14 but was renumbered 1720-04-03-.15 with the introduction of a new emergency rule 1720-04-03-.09 filed August 13, 2020; effective through February 9, 2021. 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 and numbering. Rule was originally numbered 1720-04-03-.14 but was renumbered 1720-04-03-.15 with the introduction of a new rule 1720-04-03-.09 filed December 17, 2020; effective March 17, 2021. Amendments filed December 17, 2020; effective March 17, 2021. Amendments filed May 14, 2021; effective 8/12/2021.

Authority: T.C.A. § 49-9-209(e); Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5; and Public Acts of Tennessee, 1807, Chapter 64.