Tenn. Comp. R. & Regs. 1720-04-09-.05 - ADMINISTRATION OF THE CODE
(1) There shall be
established an Academic Review Board of the College of Law.
(a) Composition and membership: The Academic
Review Board of the College of Law shall consist of both appointed faculty and
elected student members as set forth below. Additionally, the Academic Review
Board shall consist of a member of the Office of the Dean of Students , who
shall serve as the non-voting chairperson of the Board; the responsibilities of
the chairperson shall include the scheduling of meetings, notification of
parties and witnesses, and reporting regularly to the Student Affairs Council
the activities of the College of Law's Academic Review Board.
1. Faculty members: As each case arises, the
Dean of the College of Law shall appoint an appropriate number of faculty
members to the Academic Review Board to ensure the availability of a quorum, as
set forth below.
2. Student
members: Two members from each College of Law class shall be elected by the
student body at large to serve as the student members to the Academic Review
Board. Student members shall be subject to the Dean's approval and shall serve
until their successors are elected. Elections shall be held once a year at the
beginning of the Fall Semester. Three student members, selected from the
elected six, shall be chosen by the Dean as each case arises to ensure the
availability of a quorum, as set forth below. If a quorum cannot be obtained
from duly elected student members of the Academic Review Board, the Dean shall
appoint additional student members from a list of students submitted to him/her
by the Executive Council of the Student Bar Association.
3. Quorum: a quorum shall consist of the
non-voting chairperson , three voting faculty members appointed as set forth
above, and three voting student members elected or appointed as set forth
above.
(2)
The Academic Review Board shall have jurisdiction:
(a) To adjudicate charges that an individual
has committed an act of academic dishonesty in connection with an academic
matter pertaining to the College of Law while that individual was enrolled in
the College of Law and to impose, subject to the authority of the Dean of
Students, any of the following penalties:
1.
Loss of Privileges. These penalties are intended to serve as reminders of
operating regulations and are for specific periods of time. Such penalties may
include loss of scholarship, stipend, right to participate in certain
extracurricular activities, use of facilities, etc.
2. Disciplinary Reprimand. Disciplinary
reprimands are used for minor infractions. A reprimand indicates that further
violations will result in more severe disciplinary actions.
3. Disciplinary Probation. Disciplinary
Probation means that a student is permitted to remain in the University on a
probationary status. Conviction of a similar violation during probation will
result in suspension. Other conditions of probation are specific to the
individual case and may include loss of eligibility to serve as a student
organization officer or to participate in specified student activities. The
Director of the Office of Student Conduct , who is charged with the
responsibility of supervising those on probation, may also specify the terms of
probation.
4. Suspension for a
Specific Period of Time. Suspension for a specific period of time is used in
cases of serious misconduct or repeat offenders and means that the student is
withdrawn from the University and is not eligible to apply for readmission for
the designated period of time. Usually, the period of designated suspension
does not exceed one year.
5.
Indefinite Suspension. Indefinite suspension means that no specific date has
been recommended by the Board for the readmission of the suspended student .
This penalty is used when the prognosis of rehabilitation is uncertain and the
Board desires that some additional evidence of rehabilitation be presented by
the student before he/she is readmitted to the University . Applications for
readmission shall be considered by the Student Affairs Council.
6. Permanent dismissal. Permanent dismissal
means that a student is permanently barred from matriculating as a student on
the Knoxville campus. This penalty is used when the violation of one or more of
the institution's Standards of Conduct is deemed so serious as to warrant total
and permanent disassociation from the University community without the
possibility of re-enrollment; or when, by his/her repeated violation of the
institution's Standards of Conduct, a student exhibits blatant disregard for
the health and safety of other members of the University community or the
University 's right to establish rules of conduct.
7. In cases where a Board desires to impose
permanent dismissal or suspension, it may so recommend to the Dean of Students.
In the event a recommendation of permanent dismissal or suspension is not
approved by the Dean of Students, he or she may substitute any less severe
penalty. If probation is substituted, it may be for a greater period than the
period specified for suspension. The Dean of Students shall notify the Dean of
the College of Law when a recommendation for permanent dismissal or suspension
is not approved.
(b) To
hear appeals by an individual against whom a penalty has been assessed by an
instructor in the College of Law for alleged acts of academic dishonesty in
connection with academic matters for which that instructor was responsible and
to either uphold or make findings and recommendations at variance with the
determination of the instructor.
(c) To hear such other academic matters as
may be appropriate under the standards set forth in Hilltopics.
(3) The procedures for
adjudication of alleged acts of academic dishonesty by the Academic Review
Board of the College of Law shall be as follows:
(a) Allegations that an individual has
violated the Code of Academic Conduct shall be communicated in writing to the
Dean of the College of Law. If the Dean concludes that there are reasonable
grounds to believe that a violation has occurred, he or she shall refer the
matter to the Office of the Dean of Students for prosecution and shall empanel
an Academic Review Board as provided in Section 1720-4-9-.05(l).
(b) A quorum, consisting of six Board
members, must be present in order to hear a case. A two-thirds vote of the
members is required for all decisions of the Board. Any Board member who cannot
hear the evidence fairly and objectively for any reason shall dismiss
himself/herself from the case.
(c)
The chairperson shall ascertain that the accused has been advised of his/her
rights and shall read the statement of charges. The accused shall have the
right to:
1. Exercise or waive his/her right,
as set forth in Hilltopics, to a hearing conducted in accordance with the
Uniform Administrative Procedures Act (T.C.A. §
4-5-101 et seq.).
2. Written notice of charge(s), an account of
the alleged misconduct, the name of any witnesses to the misconduct, and notice
of the scheduled hearing delivered 72 hours before the hearing. The student may
request additional time by showing good cause.
3. A public or closed hearing. A public
hearing can involve only a limited number of spectators, and appropriate
control measure will be established by the Dean of Students.
If there is difficulty with crowd control, the hearing board
4. Notice of the maximum allowable penalty
(i.e., permanent dismissal).
5. The
assistance of the counsel of his/her choice.
6. Testify or remain silent at his/her
option.
7. Present
witnesses.
8. The presumption of
innocence. The burden of proof rests with the University to establish by a
preponderance of the evidence that the accused has committed the alleged act of
academic dishonesty.
9. A written
decision specifying the rule violated, penalty assessed and right to
appeal.
10. Challenge the seating
of any Board member for good cause. The dismissal of a challenged hearing board
member shall be at the discretion of the hearing board chairperson . If the
chairperson is challenged, he/she may be excused at the discretion of the
majority of the hearing board.
11.
Have his/her case heard only on the misconduct specified in the written
notice ;
12. Challenge the
admissibility of evidence.
13.
Confront or cross-examine all available adverse witnesses.
14. Appeal to the Student Affairs Council as
provided in 1720-4-9-.05(o).
(d) A student who fails to appear before the
Academic Review Board in accordance with proper notification shall be deemed to
have waived his/her right to be present during the presentation of evidence to
the Board, to know the evidence against him/her, to present evidence in his/her
own behalf, and to exercise reasonable cross-examination of witnesses appearing
against him/her. This waiver shall become effective if the student fails to
appear at the designated time and place of the hearing unless, prior to the
time set for the hearing, the student communicates in writing to the Dean of
Students good cause for granting a continuance of a scheduled
hearing.
(e) The accused shall
enter a plea of guilty or not guilty. If a guilty plea is entered, he/she shall
be advised of the maximum penalty.
(f) The chairperson is in charge of
maintaining an orderly discussion throughout the hearing. Proceedings should be
conducted with fitting dignity and should reflect the importance and
seriousness of the hearing. Any person who fails to follow the instructions of
the chairperson , after a warning, shall be referred to the Dean of Students for
appropriate disciplinary action.
(g) In the event that the accused pleads
guilty, the Board shall review the circumstances of the case and make
appropriate decisions or recommendations regarding the penalty.
(h) The Dean of Students or his/her designee
shall present such evidence as he/she has at the hearing, including any
witnesses. He/she shall not present written statements as evidence, unless
circumstances make such presentation necessary and unavoidable. Under similar
restrictions the accused may present written statements in his/her defense.
Unsigned statements shall not be admitted as evidence.
(i) After the presentation of evidence by the
Dean of Students, the accused shall be allowed to present all relevant
evidence. If a not guilty plea has been entered, evidence in mitigation of the
alleged offense shall be presented only after the Board has determined the
issue of innocence or guilt.
(j)
During Board deliberations all persons except the Board members shall be
excused from the hearing room. All matters upon which the decision may be based
must be introduced at the hearing, and the decision shall be based solely upon
the evidence presented. No mention will be made during the hearing on innocence
or guilt of the student 's previous disciplinary record, unless appropriate as
rebuttal to character evidence introduced by the accused.
(k) Upon a determination of guilt by the
Board, the previous disciplinary record of the accused, if any, shall be given
to the Board together with the recommendation of the Dean of Students as to an
appropriate penalty.
(l) After the
Board determines the penalty, the accused shall be advised in writing of its
decision.
(m) The results of the
Board's decision shall be kept on official University judicial forms, and such
a record will be considered sufficient. If a verbatim record of the hearing is
prepared, it shall be retained in the custody of the Dean of Students and
considered a confidential disciplinary record. If necessary for adjudication of
an appeal, the Dean of Students may prepare a summary, certified by the
chairperson of the Academic Review Board, of that portion of the record that
has been designated by the Student Affairs Council as material to the
appeal.
(n) A Board member shall
not discuss cases prior to or after the hearing. The information received by
members of a judicial board during a case is considered strictly
confidential.
(o) An individual who
has been found guilty and penalized by the Academic Review Board of the College
of Law shall have the right to appeal those decisions to the Student Affairs
Council, the final decision-making board of The University of Tennessee,
Knoxville judicial system. All appeals shall be taken in accordance with the
following:
1. In all cases the request for
appeal must be submitted in writing to the Dean of Students within seven (7)
calendar days of written notice of the board decision. If the seventh (7th) day
falls on a weekend or holiday, the time is extended to the next regular work
day.
2. If written briefs are
submitted, they must be submitted within the same time allowed for filing a
request for appeal. Under normal circumstances, appeals will be heard within
fourteen (14) days after they have been filed.
3. Unless the Student Affairs Council elects
to hear the case de novo, all appeals must be taken upon the record made before
the Academic Review Board of the College of Law.
4. The Student Affairs Council will review
the request for appeal together with any written briefs or other supporting
documents to determine if the appeal presents a substantial question within the
scope of review. The scope of review shall be limited to the following:
(i) Penalty. In cases appealing the
appropriateness of the penalty, the appeal board shall uphold the penalty
unless the penalty is shown to be "clearly unreasonable" (i.e., "that which has
been clearly and fully proven to have no sound basis or justification in
reason").
(ii) New Evidence. In
cases appealed on grounds of new evidence, the moving party must show that such
evidence is material to the decision of the board on the issue of innocence or
guilt, and that said evidence could not have been discovered by due diligence
prior to the original hearing.
(iii) Due Process. In cases appealed on the
grounds of denial of due process, the moving party must show that the
adjudicatory process of the initial hearing was not conducted in conformity
with properly prescribed procedures. In this regard, the moving party must also
show that the alleged discrepancy was materially adverse to the moving party's
interest. Nothing contained in the foregoing shall be construed as limiting the
right of the Dean of Students to request the Student Affairs Council to review
the decision of the Academic Review Board of the College of Law.
(p) The decision of the
Student Affairs Council is subject to review by the Provost and the President
of The University of Tennessee.
(4) The procedures for an appeal of a penalty
assessed by an instructor for alleged acts of academic dishonesty shall be as
follows:
(a) Penalties for academic dishonesty
may be imposed by an instructor. He/she has full authority to suspend a student
from his/her class, to refuse to allow a student to take an examination, to
lower a student 's grade, to assign a grade of 0.0 in an exercise or
examination, or to assign a grade of 0.0 in the course. In addition to or prior
to establishing a penalty, the instructor may refer the case to an Academic
Review Board by notifying the Dean of the College of Law. In all cases
involving suspension of a student from a class, the student must be provided a
hearing, as hereinafter described, prior to the effective date of such
suspension.
(b) An instructor shall
notify the student in writing of the penalty, the nature of the misconduct for
which the penalty was assessed, the names of any witnesses to the misconduct,
and the student 's right to appeal, and shall have the writing countersigned by
the Dean of the College of Law. Copies shall go to the Office of the Dean of
Students , and, if the student is enrolled in another academic unit, to the head
of that academic unit.
(c) A
student who has been penalized by an instructor shall first discuss the penalty
with the instructor involved and, if necessary, the Dean of the College of Law.
If the student is unable to resolve the penalty with the instructor and the
Dean, he/she may appeal the penalty to the Academic Review Board by notifying
the Dean within seven calendar days of receipt of written notice of the penalty
from the instructor.
(d) An appeal
by a student to an Academic Review Board must be in writing. It is the
responsibility of the student to make a complete and thorough case for the
appeal to the board. This is particularly important because of the procedure
which allows the Academic Review Board to make a determination based on
documentary evidence without providing the student an opportunity to make an
oral presentation. The appeal statement should contain the following
information:
1. The name of the person the
appeal is against, what class (if any) is involved, and when and where the
problem took place.
2. The nature
of the complaint; the specific way in which the student was allegedly
aggrieved, harmed, injured, or denied rights. (Example: unjust allegation of
academic dishonesty.)
3. The
specifics of the problem. A mere statement like, "I did not cheat, misuse
materials, etc." is not sufficient. The student must state why he/she feels the
penalty imposed by the instructor was improper or unfair.
4. The existence of papers, exams, reports,
etc. which verify the complaint; the names of persons (another student ,
advisor , etc.) who can verify the facts.
5. The steps which have been taken to solve
the problem and the names of the persons, including the instructor, with whom
the student has talked in an effort to resolve the problem.
6. The remedy desired by the
student .
7. The student 's name,
address, telephone number, student identification number, and
signature.
(e) Upon
receipt of a student appeal statement, the Dean of the College of Law shall
empanel an Academic Review Board as provided in Section
1720-4-9-.05(l).
(f) A quorum of
six board members must be present in order to hear an appeal. A two-thirds vote
of the members is required for all decisions of the Board. Any board member who
cannot hear the appeal fairly and objectively for any reason shall dismiss
himself/herself from the case.
(g)
The chairperson shall ascertain that the student who has been penalized has
been advised of his/her rights in connection with the appeal of the penalty.
The student shall have the right to:
1. As
provided in Section 1720-4-9-.05(4)(b), written notice of the penalty, account
of the misconduct for which the penalty was imposed, the names of any witnesses
to the misconduct, and the student 's right to appeal the penalty.
2. Assistance of the counsel of his or her
choice.
3. The presumption of
innocence. The burden of proof rests with the University to establish by a
preponderance of the evidence that the accused has committed the alleged act of
academic dishonesty for which the penalty was imposed.
4. A written decision specifying the Academic
Review Board's determination of the appeal and the student 's right to appeal an
adverse decision, as provided in Section 1720-4-9-.05(4)(k) and (1).
5. Challenge the seating of any board member
for good cause. The dismissal of a challenged Hearing Board member shall be at
the discretion of the Hearing Board chairperson . If the chairperson is
challenged, he/she may be excused at the discretion of the majority of the
Hearing Board.
6. Have his/her case
heard only on the misconduct specified in the written notice .
7. If a formal hearing is approved by the
Academic Review Board, the additional rights to:
(i) At least 72 hours notice of the time and
place of the hearing.
(ii) Testify
or remain silent at his/her option.
(iii) Challenge the admissibility of
evidence.
(iv) Confront or
cross-examine all available adverse witnesses.
(v) Present witnesses.
(vi) A public or closed hearing. A public
hearing can involve only a limited number of spectators, and appropriate
control measure will be established by the Dean of Students. If there is
difficulty with crowd control, the chairperson of the Academic Review Board can
designate those parties to be present.
(vii) A student who fails to appear before
the Academic Review Board in accordance with proper notification shall be
deemed to have waived his/her rights to be present during the presentation of
evidence to the Board, to know the evidence against him/her, to present
evidence in his/her own behalf, and to exercise reasonable cross-examination of
witnesses appearing against him/her. This waiver shall become effective if the
student fails to appear at the designated time and place of the hearing unless,
prior to the time set for the hearing, the student communicated in writing to
the Dean of Students good cause for granting a continuance of a scheduled
hearing.
(h)
The Academic Review Board shall first review all written documentation
submitted to it by the appellant and the instructor and, if necessary, conduct
a preliminary investigation to determine if a full evidentiary hearing by the
Board is necessary. If the Board determines that a full evidentiary hearing is
not necessary to insure that fundamental fairness is extended to both the
student and the instructor involved, the Board shall forthwith render its
determination of the appeal.
(i) If
a formal hearing is approved by the Academic Review Board, the Board shall
inform the appellant, the instructor, the Dean of the College of Law, and the
Office of the Dean of Students of that determination.
(j) The formal hearing shall be conducted in
accordance with the appellant's rights as specified in Section
1720-4-9-.05(4)(g) and in accordance with the following procedures:
1. The chairperson is in charge of
maintaining an orderly discussion throughout the hearing. Proceedings should be
conducted with fitting dignity and should reflect the importance and
seriousness of the hearing. Any person who fails to follow instructions of the
chairperson , after a warning, shall be referred to Dean of Students for
appropriate disciplinary action.
2.
The Dean of Students or his/her designee shall present such evidence as he/she
has at the hearing, including any witnesses. He/she shall not present written
statements as evidence, unless circumstances make such presentation necessary
and unavoidable. Under similar restrictions the accused may present written
statements in his/her defense. Unsigned statements shall not be admitted as
evidence.
3. After the presentation
of evidence by the Dean of Students, the accused shall be allowed to present
all relevant evidence.
4. During
Board deliberations all persons except the board members shall be excused from
the hearing room. All matters upon which the decision may be based must be
introduced at the hearing, and the decision shall be based solely upon the
evidence presented. No mention will be made during the hearing of the student s
previous disciplinary record, unless appropriate as rebuttal to character
evidence introduced by the accused.
5. A board member shall not discuss cases
prior to or after the hearing. The information received by members of a
judicial board during a case is considered strictly confidential.
(k) If the board supports the
determination made by the instructor, the case is terminated. However, an
appeal based upon procedural due process may be made to the Student Tribunal in
accordance with its prescribed procedures by notifying the Office of the Dean
of Students within seven (7) calendar days of written notice of the Board's
determination.
(l) If the Board
makes findings and recommendations at variance with the determination of the
instructor, these recommendations shall be forwarded to the instructor and the
Dean of the College of Law.
1. If the
instructor accepts the recommendations of the Board, the case is
terminated.
2. If the instructor
elects not to follow the recommendations of the Academic Review Board, the
student may appeal the penalty to the Student Affairs Council in accordance
with its prescribed procedures by notifying the Office of the Dean of Students
within seven (7) calendar days of written notice of the instructor's election.
(i) If the Student Affairs Council supports
the determination of the instructor, the case is terminated.
(ii) Any other recommendation of the Student
Affairs Council will be forwarded to the Provost for final
adjudication.
(iii) The results of
the appeal shall be forwarded by the Office of the Dean of Students to the
administrative head of all academic units involved.
(m) The decision of any board or
administrative officer of The University of Tennessee is subject to review by
the Provost and the President of the University of Tennessee.
(5) Matters referred to the
Academic Review Board pursuant to 1720-4-9-.05(2)(c) shall be governed by the
procedures set forth in chapter 1720-4-3.
(6) In the event an individual has been
adjudicated guilty of an act of academic dishonesty committed while he/she was
enrolled in the College of Law, or was penalized by an instructor in the
College of Law for acts of academic dishonesty, and such adjudication or
penalty has not been appealed or has been upheld upon appeal, the College of
Law shall report such fact to duly authorized bar examiners when requested to
report on that individual s academic record at the College of Law.
Notes
Authority: T.C.A.§ 49-9-209(e).
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