Section 1720-07-01-.10 - APPEALS(1) A decision of the Student Conduct Board, a decision of the Title IX Hearing Officer, or a decision of the Conduct Officer concerning a sanction following an administrative hearing, may be appealed to the Associate Vice Chancellor of Student Affairs. Both Respondent and the Complainant (if any) may appeal a decision. (a) The request for appeal shall be submitted in writing to the Associate Vice Chancellor of Student Affairs within five (5) business days of written notice of the decision being appealed. The request for appeal shall contain:1. A statement identifying the decision from which the student is appealing; and2. A brief statement of the grounds for the appeal.(b) All appeals to the Associate Vice Chancellor of Student Affairs are heard based upon the record made during the hearing, with the exception of an appeal based on new evidence in Section .10(d)2. below.(c) Pending the outcome of an appeal, the penalty specified in the decision on appeal shall not be imposed.(d) Grounds for Appeal. The grounds for the appeal shall be limited to one (1) or more of the following grounds: 1. Procedural Error. A procedural irregularity affected the outcome of the matter.2. New Evidence. New evidence that was not reasonably available at the time the determination regarding responsibility was made that could affect the outcome of the matter.3. Conflict of Interest or Bias. The Conduct Officer or member of the Student Conduct Board, or in the case of a Title IX Hearing, Title IX Coordinator, the investigator(s), or the Title IX Hearing Officer, had a conflict of interest or bias that affected the outcome of the matter.4. Clearly Unreasonable Sanction. The sanction(s) imposed by the Conduct Officer, Student Conduct Board, or Title IX Hearing Officer is clearly unreasonable (i.e., has no sound basis or justification in reason).(e) Appeal Process. A Complainant or a Respondent may submit a written statement in support of or challenging a decision of the Student Conduct Board, a decision of the Title IX Hearing Officer, or a decision of the Conduct Officer concerning a sanction following an administrative hearing. The written statement must be received by the Associate Vice Chancellor of Student Affairs within five (5) business days of the date on which request for appeal was filed, or within five (5) business days of the date on which the non-appealing party received notice that the other party requested an appeal. Within five (5) business days of the receipt of the last written statement, the Associate Vice Chancellor of Student Affairs will issue a written decision describing the result of the appeal and the rationale for the result, which will be provided simultaneously to both parties.(f) The Associate Vice Chancellor of Student Affairs may:3. Return the case to the Conduct Officer, Student Conduct Board, or Title IX Hearing Officer with instructions for reconsideration of the case; or4. Overturn the decision of the Conduct Officer, Student Conduct Board, or Title IX Hearing Officer.(2) The decision of the Associate Vice Chancellor of Student Affairs is final and not appealable.Tenn. Comp. R. & Regs. 1720-07-01-.10
New rules filed August 21, 2023; effective 11/19/2023.Authority: T.C.A. §§ 4-5-101, et seq. and 49-9-209(e).