Section 0240-10-06-.02 - JURISDICTION(1) University rules governing student conduct apply to conduct on and off University property. In the case of conduct that occurs off University property, the Dean of Students, in his/her sole discretion, shall determine whether the Code will be applied to such misconduct by taking into consideration whether the misconduct: (a) Occurs in connection with a University activity; or(b) Involves another member of the University community; or(c) Is fairly attributable to a student organization; or(d) Consists of academic dishonesty or research misconduct; or(e) Poses a credible, serious threat to the health and safety of the University community or University property.(2) Each student shall be responsible for their conduct from the time of admission to the University of Memphis or enrollment in a course offered by the University of Memphis through the actual awarding of a degree, even though conduct may occur before classes begin or after classes end, as well as during the academic year, and during periods between terms. Any student that chooses to take a leave of absence or withdraw from the University of Memphis during any academic period prior to graduation with a pending disciplinary matter will be subject to a disciplinary hold placed on the student's academic record and/or the student's account preventing re-enrollment until resolution of the conduct matter in question. This rule will also apply to students found to have submitted false or misleading information to the University for the purpose of admission.(3) Each student organization shall be responsible for its conduct from the time of application for registration through the time that the organization is voluntarily disbanded or is no longer officially recognized by removal from the University in accordance with this rule. Actions taken by members of a student organization, particularly officers of the student organization, may be imputed to the student organization.(4) University disciplinary proceedings may be instituted against a student and/or student organization charged with conduct that potentially violates both criminal law and the Student Code (that is, if both possible violations result from the same factual situation) without regard to the pendency of civil or criminal litigation or criminal arrest and/or prosecution. Proceedings under this rule may be carried out prior to, simultaneously with, or following civil and/or criminal proceedings at the discretion of the Dean of Students. Determinations made or sanctions imposed under the Student Code shall not be subject to change because criminal charges arising out of the same facts giving rise to violation of University rules were dismissed, reduced, or resolved in favor of or against the involved student(s).(5) When a student is charged by federal, state, or local authorities with a violation of law, the University will not request or agree to special consideration for that individual because of their status as a student. If the alleged offense is also being processed under this rule, the Office of Student Accountability (OSA) may advise off-campus authorities of the existence of this rule and of how such matters are typically handled within the University community. OSA will cooperate with law enforcement and other agencies to the extent possible and as legally allowed or required in the enforcement of criminal law on campus and in the conditions imposed by criminal courts for the rehabilitation of student violators (provided that the conditions do not conflict with University rules or sanctions). Individual students and other members of the University community, acting in their personal capacities, remain free to interact with governmental representatives as they deem appropriate.(6) Graduate or professional programs within the University may initiate academic retention processes against students for alleged violations of professional standards or ethics (e.g. national accrediting or governing body and/or federal or state regulations) as a separate issue or as an extension of alleged acts of academic misconduct or other violations of the Code.(7) This code is not applicable to University Schools' K-12 students who shall adhere to the policies of or adopt policies substantially similar to the local education authority through which they receive funding.Tenn. Comp. R. & Regs. 0240-10-06-.02
New rules filed July 20, 2021; effective 10/18/2021.Authority: T.C.A. § 49-8-203(a)(1)(D).