Tenn. Comp. R. & Regs. 0240-10-06-.07

Current through October 22, 2024

Section 0240-10-06-.07 - PROCESS: INITIAL STAGES

(1) Reporting and Investigation of Misconduct

(a) Receipt and Review of Allegations of Misconduct. OSA may initiate the student conduct process on the basis of written allegations received from any source, including, without limitation, a student, a faculty member, a University residence life employee, or a law enforcement agency. OSA also may initiate the student conduct process in the absence of written allegations if OSA becomes aware, through other means, of potential misconduct committed by a student. Upon receipt of written allegations or other information concerning potential student misconduct, OSA will review the information and determine whether to initiate the student conduct process. OSA's determination of whether to initiate the student conduct process generally will be based on: the preliminary investigation by OSA or other University official(s), if any, into the allegations received by OSA; OSA's determination of whether the alleged conduct falls within the jurisdiction of the Code; and OSA's determination of whether the alleged conduct, if true, violated the Student Code.

(b) Investigation of Allegations of Misconduct. OSA may investigate the allegations against the Respondent by interviewing witnesses and obtaining other information. OSA is not obligated to interview a witness identified by the Respondent or the Complainant if OSA believes the witness is not likely to possess relevant information, is not likely to lead OSA to the discovery of relevant information, or the information the witness is likely to possess is cumulative of other information gathered by OSA. OSA may re-interview the Complainant, the Respondent, and/or any other person at any time during the., investigation in order to obtain additional and/or clarifying information. Investigations conducted by OSA will be prompt, thorough, and equitable. In conducting an investigation, OSA will act as a fair and impartial party rather than a representative of the person, office, unit, organization, or entity that submitted the allegations to OSA. Parts of OSA's investigation may occur before, during, and/or after the Educational Conference and/or any other part of the student conduct process. At the conclusion of its investigation, OSA may prepare a written report of the findings of the investigation. The report may include an assessment of the credibility of persons interviewed during the investigation and an assessment of whether it is more likely than not that the Respondent violated the Student Code. OSA may refer the investigation of certain types of allegations to other University offices in accordance with University rules.

(2) Educational Conference for Misconduct.

(a) Scope of the Educational Conference. The Educational Conference is a meeting between OSA and the Respondent in which the following generally occurs:

1. OSA orally informs the Respondent about the allegations made against the Respondent and, if requested by the Respondent, provides the Respondent with a reasonable opportunity to review the written allegations, if any, received by OSA.

2. OSA provides the Respondent with an opportunity to respond to the allegations, including, without limitation, an opportunity to present information to OSA concerning the allegations and identify witnesses whom the Respondent believes OSA should interview to obtain additional information.

3. Both OSA and the Respondent may ask questions of each other and seek clarifying information about the allegations, the possible sanction(s), and the student conduct process.

4. Based on information provided by the Respondent during the Educational Conference, OSA may issue a no-action determination or continue its investigation in order to determine whether it is more likely than not that the Respondent violated the Behavioral Expectations and Responsibilities.

(b) Notice of Educational Conference. A Notice of Educational Conference is a written notice through which OSA notifies the Respondent that OSA has received allegations that the Respondent has engaged in misconduct; instructs the Respondent to attend or schedule an Educational Conference; and provides the Respondent with other information about the student conduct process. A Notice of Educational Conference generally will include the following information:

1. Notice that OSA has begun or will begin an investigation of allegations OSA received concerning the Respondent's conduct;

2. Notice of a disciplinary hold, if any, that the University has implemented or will implement with respect to the Respondent;

3. A brief description of the Respondent's alleged conduct;

4. A preliminary list of potential violations of the Behavioral Expectations and Responsibilities, based on the Respondent's alleged conduct;

5. Notice of the Respondent's right to be assisted and/or supported by an Advisor throughout the student conduct process, in accordance with Section .12, including information about the role of an Advisor;

6. The internet address where the Respondent can review a copy of the Student Code;

7. A date, time, and place for an Educational Conference with OSA to discuss the incident, or, in the alternative, an instruction that the Respondent contact OSA to schedule an Educational Conference within the time frame designated in the Notice of Educational Conference; and

8. Notice of the consequences of failing to comply with OSA's instruction to attend or schedule an Educational Conference.

(c) Consequences of Failing to Attend or Schedule an Educational Conference. If the Respondent fails to attend or schedule an Educational Conference after OSA has sent the Respondent a Notice of Educational Conference, then the Respondent waives all rights to further participation in the disciplinary process including a Formal Hearing, and OSA has the discretion to deem the Respondent to have accepted OSA's determination of responsibility for misconduct and may impose appropriate sanction(s) for the misconduct (unless the Respondent's absence is excused by OSA for good cause). OSA also may determine that the Respondent's failure to attend the Educational Conference constitutes a separate violation of the Student Code.

(3) Notice of Allegations for General Misconduct. A Notice of Allegations is a written notice that informs the Respondent that OSA has concluded that it is more likely than not that the Respondent violated the Behavioral Expectations and Responsibilities. A Notice of Allegations generally includes, without limitation, the following information:

(i) a brief summary of the facts of Respondent's alleged misconduct;

(ii) notice that OSA has determined that it is more likely than not that Respondent violated the Behavioral Expectations and Responsibilities;

(iii) notice of the specific Student Code provisions that OSA has determined the Respondent more likely than not violated;

(iv) the Respondent's option(s) to elect a Formal Hearing to contest OSA's determination of responsibility for misconduct and/or the sanction(s); and

(v) the names of witnesses likely to present information concerning the alleged misconduct if the Respondent elects to contest the allegations through a Formal Hearing. OSA may provide the Respondent with a Notice of Allegations during the Educational Conference.

Tenn. Comp. R. & Regs. 0240-10-06-.07

New rules filed July 20, 2021; effective 10/18/2021.

Authority: T.C.A. § 49-8-203(a)(1)(D).