Section 0240-10-06-.08 - INTERIM ADMINISTRATIVE ACTIONS(1) General. In certain situations, the University may impose interim administrative actions prior to the conclusion of the student conduct process. The University shall determine the appropriate interim administrative actions based on the totality of the circumstances. Examples of interim administrative actions include, without limitation, a no-contact directive, a disciplinary hold, and interim restrictions.(2) No-Contact directive. In cases involving allegations of assault, injury, retaliation or in other cases where there is reason to believe continued contact between a student and specific persons may interfere with those persons' security, safety or ability to participate effectively in work or studies, the University may issue a written instruction to a student, called a no-contact directive, that prohibits a student from having verbal, physical, written, and/or electronic contact with specific other persons for a definite or indefinite period of time. A no-contact directive also may prohibit a student from being present on designated University-controlled property. Any student, faculty or staff member, or other person with a reasonable justification may request that a no-contact directive be issued to a student. (3) Disciplinary hold. The Respondent's academic record (including, without limitation, the release of the Respondent's official or unofficial transcript), degree, ability to register for classes, and/or ability to re-enroll may be placed on disciplinary hold by OSA or by another appropriate University office at the request of OSA for the following reasons: (1) to require the Respondent to participate in the student conduct process (OSA will release the hold after the Respondent attends the Educational Conference but may reinitiate the hold in order to require the Respondent to participate in other parts of the student conduct process); or (2) to require the Respondent to satisfy the terms and conditions of disciplinary sanctions received (the hold shall be released after the terms and conditions have been satisfied). No diploma shall be given and no grades, academic credit, or degree shall be awarded to a student who has been placed on disciplinary hold.(4) Interim Restrictions. Generally, the status of a student alleged to have violated the Behavioral Expectations and Responsibilities is not affected until the conclusion of the student conduct process. However, the Dean of Students may impose interim restrictions prior to the conclusion of the student conduct process related to the alleged misconduct when the Dean of Students has reasonable cause to believe that (1) a Respondent's continued presence on University-controlled property or at University-affiliated activities poses a significant risk of substantial harm to the health, safety, or welfare of others or to property or (2) poses an imminent or ongoing threat to the disruption of, or interference with, the normal operations of the University. Interim restrictions shall be confirmed by notice to the Respondent that explains the basis for the interim restrictions and shall remain in effect until the conclusion of the student conduct process, which should be completed without undue delay. Within three (3) days of the imposition of the interim restrictions, the Respondent shall be offered an opportunity to appear before the Dean of Students in order to discuss the following issues only: (1) the reliability of the information concerning the Respondent's conduct; and(2) whether the conduct and surrounding circumstances reasonably indicate that the Respondent's continued presence on University controlled property or at University-affiliated activities poses a significant risk of substantial harm to the health, safety, or welfare of others or to property or poses an imminent or ongoing threat of disruption of or interference with the normal operations of the University. Examples of interim restrictions include, without limitation, restricting the student's privileges to participate in University affiliated activities, restricting the student's privileges to access University-controlled property, and University owned housing removal and/or reassignment. Restrictions contained within no-contact directives are not interim restrictions.(5) Interim Removal. If the continued presence of the Respondent on University property would constitute an immediate threat to the physical safety and well-being of the accused, any other member of the University, its guests, property, or would create a substantial disruption of classroom or other University activities, a Respondent may be removed on an interim basis from the University by the Dean of Students. An interim removal is an official separation of the student from the University until the conclusion of the student conduct process or the interim removal is lifted, whichever occurs first. While the interim removal is in effect, the Respondent loses all University rights and privileges including, but not limited to, enrollment privileges except for the rights and privileges to contest the allegations pursuant to the Student Code, shall not represent the University in any official manner, and shall not be present on University property or participate in University affiliated activities without the prior approval of the Dean of Students. When placed on interim removal, the Respondent may be assigned a grade of "W" or "I," whichever is deemed appropriate by the faculty member involved. A Respondent who violates the terms of an interim removal shall be subject to further disciplinary action and may be treated as a trespasser. An interim removal shall be confirmed by notice to the Respondent that explains the basis for the interim removal and shall remain in effect until the conclusion of the student conduct process, which should be completed without undue delay. Within three (3) days of the imposition of an interim removal, the Respondent shall be offered an opportunity to appear before the Dean of Students to challenge the interim removal decision. (6) Coursework. Coursework performed during the student conduct process shall be considered conditional. Credit for such coursework may be affected, delayed, denied, and/or revoked based on a final finding of misconduct and/or a sanction imposed under the Student Code. In addition, subject to the other provisions of the Student Code, a delay in the granting of a degree may be imposed and/or a degree that was awarded prior to a final decision under the Student Code may be revoked.Tenn. Comp. R. & Regs. 0240-10-06-.08
New rules filed July 20, 2021; effective 10/18/2021.Authority: T.C.A. § 49-8-203(a)(1)(D).