Section 0240-10-06-.12 - RIGHTS OF INVOLVED PARTIES(1) Parties shall have the right to equitable provision of disciplinary procedures and the University will follow its disciplinary process before the imposition of any disciplinary sanctions or other actions that are not supportive measures.(2) The University will ensure that the burden of proof and the gathering of evidence sufficient to reach a determination regarding responsibility rests on the University and not a complainant or respondent.(3) The University will require an objective evaluation of all relevant evidence -including both inculpatory and exculpatory evidence - and prohibit credibility determinations based on a person's status as a complainant, respondent, or witness.(4) The University will provide the complainant and respondent with the same opportunities to have others present during any disciplinary proceeding, including the opportunity to be accompanied to any related meeting or proceeding by the advisor of their choice, who may be, but is not required to be, an attorney. (a) The University will not limit the choice or presence of advisor for either the Complainant or Respondent in any disciplinary proceeding; however, an advisor may have no other role in the disciplinary process, including, but not limited to being a witness, a respondent, or a complainant.(b) The University may establish restrictions regarding the extent to which the advisor may participate in the proceedings, as long as the restrictions apply equally to both parties and are allowed by applicable law.(5) The University will ensure that staff involved in disciplinary matters are appropriately trained as required by state and federal law. (6) The University will not presume that the respondent is responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of the disciplinary process.(7) During proceedings, neither the complainant nor the respondent will be required to subject to questioning or disclose evidence or information that is protected under a legally recognized privilege, unless the person holding such privilege has waived the privilege.(8) The parties have a right to a disciplinary process that is free from conflicts of interest or bias.(a) A University employee shall not act on behalf of the University in the student conduct process in any case in which the employee is a Complainant or a witness, the employee serves in an advisory or supervisory capacity to the Complainant and/or Respondent or student organization, or where the employee determines, for any other reason (including, but not limited to, personal prejudice or bias), that he/she cannot be fair or impartial.Tenn. Comp. R. & Regs. 0240-10-06-.12
New rules filed July 20, 2021; effective 10/18/2021.Authority: T.C.A. § 49-8-203(a)(1)(D).