Section 0240-02-10-.03 - EQUITABLE TREATMENT(1) No Title IX Coordinator, investigator, decision-maker, person designated to facilitate an informal resolution process, or anyone deciding an appeal shall have a conflict of interest or bias for or against complainants or respondents generally, or against an individual complainant or respondent.(2) The Title IX Coordinator is responsible for appointing investigators, decision-makers, and appellate reviewers, and may appoint someone from another TBR institution or someone not employed by a TBR institution in order to avoid potential bias, a potential conflict of interest, or for other reasons. In the event of a conflict of interest or potential bias of the Title IX Coordinator, or if the Title IX Coordinator believes that another person should serve in that role for other reasons, the TBR Central Office shall be responsible for appointing someone to serve the functions of the Title IX Coordinator. A deputy Title IX Coordinator has the same authority as the Title IX Coordinator.(3) Each institution will provide a prompt, fair, and impartial investigation, adjudication, and, if applicable, disciplinary process. Institutions will treat complainants and respondents equitably, which includes an objective evaluation of all relevant evidence, including both evidence that tends to prove or disprove the allegations.(4) Credibility determinations will not be based on a person's status as a Complainant, Respondent, or witness.(5) The investigation shall proceed with a presumption that a respondent is not responsible for the alleged conduct unless and until a determination of responsibility for a violation is made at the conclusion of the decision-making process. The burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility for sexual harassment rests with the institution. The parties do not carry the burden of proof.(6) The institution or TBR shall provide simultaneous written notification to the parties of:(a) Any initial, interim, or final decision by an official authorized to resolve disciplinary matters;(b) Any available appeal procedures for that decision;(c) Any change to that decision; and(d) When that decision becomes final.(7) The parties will receive timely and equal access to information.(8) Neither TBR nor a TBR institution will restrict any rights protected by the First Amendment to the U.S. Constitution, deprive a person of any rights that would otherwise be protected under the Due Process Clauses of the Fifth and Fourteenth Amendments to the U.S. Constitution, or restrict any other rights guaranteed by the U.S. Constitution or State of Tennessee Constitution.Tenn. Comp. R. & Regs. 0240-02-10-.03
New rule filed July 13, 2021; effective 10/11/2021.Authority: T.C.A. §§ 4-5-101, et seq. and 49-8-203.