Student Rights & Responsibilities

The Administrative Procedures Act

1. The University, with the assistance and advice of students, employees and other members of the University community, has developed procedures for handling a variety of situations involving student and employee rights and privileges. Examples of these procedures, including opportunities for a hearing, are included in this student handbook and in the faculty handbook as well as in the personnel policy and procedure manual. The University believes that these procedures serve well the interests of student and employees in obtaining full and fair hearings, with a minimum of expense, complexity, and inconvenience.
    
2. An alternative to these procedures is described in the “Contested Cases” provisions of the “Uniform Administrative Procedures Act”, T.C.A. §4-5-301, et seq. The Act provides that any party whose legal rights, duties or privileges are required by any statute or constitutional provision to be determined after an opportunity for a hearing shall be afforded that opportunity for hearing in accordance with the “Contested Cases” provisions of the Act. The University of Tennessee Board of Trustees at its June 1976 meeting, took action which requires students to choose either to have a hearing according to University procedures or according to the “contested cases” section of the Uniform Administrative Procedures Act (APA) and to execute a waiver of rights to a hearing under the other. Complete information on the APA system is available in the Office of Equity and Diversity and in the Office of Academic, Faculty and Student Affairs.

Statement on Student Rights and Responsibilities

Introduction

Students at the University of Tennessee Health Science Center are members of both the University community and the larger community of which the University is a part. Accordingly, students are responsible for conducting themselves in a lawful manner and in compliance with University rules and policies. The University has established the following rules in order to advance the mission of the University by maintaining a safe and secure learning environment, protecting the rights and privileges of all members of the University community, providing a basis for orderly conduct of the affairs of the University, promoting a positive relationship between the University and its surrounding community, preserving institutional integrity and property, encouraging students to engage in conduct that brings credit to themselves and the University, and ensuring that each student who matriculates at the University graduates ready to contribute to society as an ethical and law-abiding citizen.

It shall be the responsibility of each member of the University of Tennessee Health Science Center community to become acquainted with the policies and rules governing that community. Any violation of these policies and rules will be subject to disciplinary procedures as defined below in the Student Code of Conduct. The University of Tennessee Health Science Center as an academic institution is primarily engaged in providing learning experiences for students in a favorable setting for pursuit of a professional career in the health sciences. Through participation in curricular and extracurricular activities, the student has the opportunity to develop a foundation for intelligent and professional participation in a career and society, and toward a meaningful personal life.

To apply its responsibility successfully, the University needs the understanding, support, and assistance of each student. It is especially important that the University set forth rules and standards that assure that the affairs of UTHSC are conducted in an orderly manner, to point out the rights and responsibilities of students, and to insure the students’ rights and responsibilities. Therefore, the intention of this document is to set forth those standards and policies. This document serves in several capacities:

1. It will serve as a statement of policy upon which the University can rely in domestic, civil, or legal functions.
2. It affords students guidelines upon which they may base their activities (curricular and extracurricular).
3. It states specifically what course of action may be taken by a component of the University (administration, faculty, students, etc.) in the event there is an infraction of any University policy components.

Administration of the Statement of Student Rights and Responsibilities

The Office of Academic, Faculty, and Student Affairs, and Office of Student Conduct and Community Standards at UTHSC have the responsibility of administering the Statement of Student Rights and Responsibilities and for providing advice and counsel to all students. Clarification and additional information about the statements, positions and instructions in the publication may be obtained from the Associate Vice Chancellor for Student Affairs or from the Office of Academic, Faculty and Student Affairs. All rules, regulations, procedures and statements contained in this publication have originated with, and been developed through student, faculty, and administration discussions and approval processes. Changes, deletions and additions to any positions or regulations are developed, approved and forwarded from the Student Government Association through the UTHSC campus administration and finally approved by the University Board of Trustees.

Academic Appeal Policy

Please review the Student Complaint Procedure and Student Status During Academic Appeals.

Student-Administration Relations

It is the right and responsibility of the individual student or groups of students to be interested in and to question the policies, regulations, and procedures affecting them. Inquiries may be directed to the administrative body in question and, if necessary, to the Chancellor. The various administrative bodies of UTHSC maintain a willingness to listen to and discuss with students, matters of concern. A written reply will follow inquiries if requested. Alteration of policies or formulation of new policies are expected to occur in an orderly process through discussion and involvement between the student or groups of students and the appropriate administrative body in question.

Requests to Report to an Administrative Officer

When a student is requested to report to an administrative office, the student should do so promptly. If the request to report at a specific date conflicts with a student’s schedule, notification of class absence for the student will be issued by the administrator who makes the request.

Student-Faculty Relations

The University of Tennessee has a responsibility to foster in students, faculty, and staff the professional and collegial attitudes needed to provide caring and compassionate health care. To maintain these attitudes, it is essential at all times to promote an atmosphere of mutual respect among teachers and students. Such an atmosphere is essential to the educational mission of UTHSC and respects the diversity of members of the academic community, even with the intensity of interactions that occur in the health care setting. No other atmosphere will be tolerated at UTHCS.

In support of this policy to promote an environment respectful of all individuals, each UTHSC college provides ongoing instruction to students, faculty, and staff emphasizing the importance of professional and collegial attitudes and behavior. The colleges have programs and activities to promote and maintain the understanding and application of positive and supportive student/faculty/staff relationships. Each college maintains a fair and objective process that seeks to foster reconciliation between parties in cases of alleged violations, and to take appropriate action in instances of proven violations. These processes are designed to protect the rights of all parties involved in a complaint. To further support positive student/faculty relationships, individual colleges have various student advising, mentoring, and advocacy programs to promote professional development and to facilitate learning. Complete descriptions of programs and processes to comply with this policy are available in the respective colleges.

Through these efforts, UTHSC promotes and seeks to maintain an open respectful atmosphere supportive of learning that is essential to achieving its educational mission of preparing health professionals for the improvement of the health of Tennesseans.

Student-Faculty Relations in the Classroom

Free and pertinent discussion is welcome within the Health Science Center. Students are to feel free to take reasonable exception to the information offered in their courses and to reserve judgment about matters of opinion. They are responsible, however, for learning the content of the courses in which they are enrolled. Students may expect their performance to be evaluated solely on an academic and professional basis. Professors may be expected to make honest professional judgments on the academic and professional performance of students in their courses.

Distressed Student Protocol

Mental Health Awareness, Wellness & Suicide Prevention

The goal of this protocol is to foster student success and well-being. Students are often the first to notice concerning behavior in their fellow students and are encouraged to alert others if such is the case. It is in everyone’s interest that these students get the type of help that they need in a timely manner. To assist in this process, the following protocol was developed as a guide to help distressed or distressing students.

Student Behaviors

You may want to refer a student to get help if you observe the following:

• Excessive or inappropriate anger
• Behavioral or emotional change
• Withdrawal
• Change in hygiene or appearance
• Alcohol or drug abuse
• Expressing unusual thoughts
• Exhibiting unusual behaviors
• Decline in academic performance

You may also want to refer a student if your interactions with them make you:

• Feel uncomfortable or uneasy
• Feel alarmed or frightened
• Feel that something is not right

If the student’s behavior represents an immediate threat CALL campus police 448-4444 If the threat is not immediate, but are you concerned the student may harm self or others call:

• Call any of the following-
  • Dean or Student Affairs Dean of your college
  • Faculty Member
  • University Health Services - Marie Bredy

Crisis Intervention Flow Chart

The Crisis Intervention Flow Chart is a guide to assist in recognizing concerning student behaviors.  It is not meant to serve as an exhaustive guide.  Staff contact information is provided on the guide.  See also the CARE Guide.

Crisis Intervention Flow Chart  

Behavioral Intervention Team

What is the UTHSC student behavioral intervention team? A student behavioral intervention team (BIT) is a multidisciplinary group whose purpose is to support its students via an established protocol. The team tracks “red flags” over time, detecting patterns, trends, and disturbances in individual or group behavior. The team receives reports of disruptive, problematic or concerning behavior or misconduct (from faculty, staff, students, community members, friends, colleagues, etc.), conducts an investigation as needed, performs a threat assessment, and determines the best mechanisms for support, intervention, warning/notification and response. The student BIT then deploys its resources and those of the community to coordinate follow-up. (Adapted from the NaBITA: the National Behavioral Intervention Team Association website accessed - January 27, 2014.)

To assist the University community in identifying and responding to concerning behaviors, the Wellness Council has also developed the Care Guide for Students in Distress.

For more information and a list of Behavioral Intervention Team (BIT) members, please visit: https://uthsc.edu/sassi/documents/red-flag-training.pdf .

NON-DISCRIMINATION STATEMENT

Any UTHSC employee, student, applicant for admission or employment, or other participant in UTHSC programs or activities, who believes that he or she has been discriminated against on the basis race, color, sex (including sexual harassment, sexual assault and sexual violence), sexual orientation, gender identity, pregnancy, marital status, parental status, religion, national origin, age, disability or veteran status is encouraged to use the procedures outlined below for the resolution of his or her complaint. University policy prohibits retaliation against any person who in good faith opposes a practice which he/she believes to be discriminatory or who participates in an investigation of a complaint. Complaints of discrimination should be directed to the Office of Equity and Diversity (OED),910 Madison Avenue, Suite 826, Memphis, Tennessee 38163 (telephone:901-448-2112 [voice],901-448-7382[TTY]). Complaints must be put in writing and filed within 300 calendar days of the alleged discriminatory action. In certain circumstances, at the discretion of OED, complaints filed outside of this time limit or that are not put in writing may be investigated.

For more information on the Discrimination Complaint Procedure, click here.

Misrepresentation of Academic Credentials

Tennessee Code Annotated 49-7-133, as amended, states:

“Misrepresentation of academic credentials is a “Class A” misdemeanor in Tennessee. A person commits the offense of misrepresentation of academic credentials who, knowing that the statement is false and with the intent to secure employment at or admission to an institution of higher education in Tennessee, represents, orally or in writing, that such person:

1. has successfully completed the required course work for and has been awarded one or more degrees or diplomas from an accredited institution of higher education;
2. has successfully completed the required course work for and has been awarded one or more degrees or diplomas from a particular institution of higher education; or
3. has successfully completed the required course work for and has been awarded one or more degrees or diplomas in a particular field or specialty from an accredited institution of higher education.”

Maintenance of Ethical and Professional Standards of the Health Professions

Failure to maintain the high ethical and professional standards of the various disciplines of the health professions may subject a student to suspension or other appropriate remedial action by the University.

1. A student enrolled at The University of Tennessee Health Science Center is subject to disciplinary action up to, and including, suspension and dismissal for engaging in the following acts of misconduct, regardless of whether such misconduct is engaged in, on, or off, University- owned or controlled property;
   1. Commission of an offense classified as a felony by Tennessee’s criminal statutes or by Federal criminal statutes.
   2. Unlawful use, possession, or sale of drugs or narcotics, whether or not felonious.
   3. Plagiarism, falsification of records, or other act which substantially impugns the integrity of the student.
   4. Other unprofessional and unethical conduct which would bring disrepute and disgrace upon both student and profession and which would tend to substantially reduce or eliminate the student’s ability to effectively practice the profession in which discipline he or she is enrolled.
2. A student applying for admission to The University of Tennessee Health Science Center shall also be subject to the above provisions and may be denied admission on the basis of his or her failure to maintain the aforementioned ethical and professional standards.

Student Complaint Procedures

Please review the Student Complaint Procedure here.

Student Code of Conduct

Introduction

1. Students at the University of Tennessee Health Science Center are members of both the University community and the larger community of which the University is a part. Accordingly, students are responsible for conducting themselves in a lawful manner and in compliance with University rules and policies. The University has established the following rules in order to advance the mission of the University by maintaining a safe and secure learning environment, protecting the rights and privileges of all members of the University community, providing a basis for orderly conduct of the affairs of the University, promoting a positive relationship between the University and its surrounding community, preserving institutional integrity and property, encouraging students to engage in conduct that brings credit to themselves and the University, and ensuring that each student who matriculates at the University graduates ready to contribute to society as an ethical and law-abiding citizen. 
2. The University of Tennessee is committed to respecting students’ constitutional rights. Nothing in this chapter is intended or shall be interpreted to restrict students’ constitutional rights, including, but not limited to, rights of freedom of speech and assembly. 
3. Students are responsible for being fully acquainted and for complying with the University Bulletin, student handbook, and other rules and policies relating to students. Failure or refusal to comply with the rules and policies established by the University may subject a student to disciplinary action up to and including permanent dismissal from the University. 

Authority: T.C.A. § 49-9-209(e) and Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.  Administrative History: Original rule filed May 27, 1986; effective August 12, 1986. (For history prior to August 12, 1986, see pages (iii) - (v)).  Amendment filed November 17, 2000; effective March 30, 2001.  Repeal and new rule filed April 17, 2012; effective September 28, 2012. 

For detailed information, contact Office of Student Conduct and Community Standards at 901-448-7730 at  https://www.uthsc.edu/saes/student-conduct/index.php

Definitions

(1) The term “University” means the University of Tennessee Health Science Center. 

(2) The term “student” means a person admitted, enrolled or registered for study at the University of Tennessee, either full-time or part-time, pursuing undergraduate, graduate, or professional studies, as well as non-degree students. Persons not officially registered or enrolled for a particular term but who have a continuing relationship with the University also are considered students for purposes of these rules. 

(3) The term “student organization” means an organization that is composed solely of University students that has submitted a pending application or has completed the process for registration according to University rules. 

 
(4) The term “University-controlled property” means all land, buildings, facilities, grounds, structures, or any other property owned, leased, used, maintained, or operated by the University. For purposes of this rule, University-controlled property includes all streets, alleys, sidewalks, and public ways abutting such property.  University-controlled property also includes computers and network systems owned, maintained, or controlled by the University or funded by the University.

(5) The term “University-affiliated activity” means any activity on or off University-controlled property that is initiated, aided, authorized, sponsored, or supervised by the University.

 
(6) The term “University official” means an employee of the University, including faculty members and staff, or for purposes of this rule a University-recognized volunteer.  Student employees may be considered University officials when acting in the performance of their duties (e.g., event staff, resident assistants, and teaching assistants). 

(7) The term “member of the University community” means any person who is a student, University official, campus visitor, or participant in a University-sponsored or University-affiliated activity.

 
(8) The term “possession” means actual knowledge of a substance or property and/or being in such close proximity to the substance or property that it is a reasonable presumption that one had knowledge of the substance or property.

 
(9) The term “weapon” means any device, instrument, or substance that is designed to, or reasonably could be expected to, inflict a wound, incapacitate, or cause serious bodily injury or death, including, but not limited to, firearms (loaded and unloaded, real firearms and devices that would reasonably appear to a law enforcement officer to be real firearms), ammunition, electronic control devices (such as tasers and stun guns), devices designed to discharge an object (such as bb guns, air guns, pellet guns, potato guns, and slingshots, but not water guns), explosives, dangerous chemicals (such as mace, tear gas, and oleoresin capsicum), martial arts weapons, bows and arrows, artificial knuckles, nightsticks, blackjacks, dirks, daggers, swords, and knives with fixed blades longer than four (4) inches.  The term “weapon” does not include pocket knives that fold (but not excluding switchblades); chemical repellents available over-the-counter for self-defense; instruments used solely for personal hygiene, preparation of food, maintenance, University-related instruction, or University employment-related duties. 

(10) The term “notice” means notice given in writing and transmitted by United States mail, courier service, and/or hand delivery to the address the University’s Registrar has on file for the student; and/or by e-mail to the student’s University-provided e-mail account. When a notice is transmitted by United States mail or courier service, the notice is effective on the date that it is mailed or delivered to the courier service. When a notice is transmitted by hand delivery, the notice is effective on the date that it is delivered to the person to whom the notice is addressed.  When a notice is transmitted by e-mail, the notice is effective on the date that the e-mail is sent. 

(11) The term “coercion” means words and/or conduct that, viewed from the perspective of a reasonable person, substantially impair(s) a person’s ability to voluntarily choose whether to engage in a particular sexual act (e.g., sexual contact or sexual intercourse).  Coercion is something more than mere seduction or persuasion. Coercion includes, without limitation: physical force; and words and/or conduct that would cause a reasonable person to fear imminent: harm to the person’s health, safety, or property or that of a third person; threat of the loss or impairment of a job benefit; threat of the loss or impairment of an academic benefit; kidnapping of the person or a third person; or disclosure of sensitive personal information (e.g., disclosure of a person’s sexual orientation, gender identity, or gender expression). 

(12)Consent

Consent (or Consensual)

Consent is an affirmative and voluntary agreement by a person to engage in a specific sexual act.

The definition of Consent for the purposes of criminal law in the State of Tennessee is explained in Appendix E. The information provided in this policy concerning Tennessee law is provided in accordance with the Clery Act. It is not intended, nor should it be construed, as legal advice.
 

Consent Must Be Obtained

Consent must be obtained, and the responsibility for obtaining Consent rests with the individual who voluntarily and physically initiates a specific sexual act, even if the other person initiated the sexual encounter. One’s own use of alcohol, drugs, or other substances does not diminish one’s responsibility to obtain Consent from the other person. Moreover, another person’s use of alcohol, drugs, or other substances does not diminish one’s responsibility to obtain Consent from that person.

Consent Must Be Affirmative

Consent must be affirmative, which means that Consent is communicated only through words and/or non-verbal actions that convey a clear agreement to engage in a specific sexual act. Whether person has communicated an agreement to engage in a specific sexual act generally is evaluated from the perspective of what a Reasonable Person who perceived the individual’s words and/or non-verbal actions would have understood; however, in the context of a long-term relationship between persons that has involved sexual activity and a pattern of communicating consent, whether Consent has been communicated may be evaluated based on a subjective standard (i.e., what did the specific person who initiated the specific sexual act conclude?). A verbal “no” (or words equivalent to “no”), even if it sounds insincere or indecisive, always means that Consent has not been communicated, or if previously communicated has been withdrawn. The absence of a verbal “no” does not necessarily mean that Consent has been communicated. Because interpreting non-verbal actions may lead to misunderstanding and a violation of this policy, persons subject to this policy are strongly encouraged to err on the side of caution and not rely solely on the non-verbal actions of another person in concluding that the other person has communicated Consent. The University urges persons subject to this policy to talk to one another before engaging in a sexual act to ensure that they both wish to engage in the same sexual act.

Consent cannot be obtained by or inferred from:

• silence that is not accompanied by non-verbal actions conveying an agreement to engage in a particular sexual act;
• Consent communicated by the other person on a previous occasion;
• Consent communicated to another person;
• the other person’s failure to resist physical force (however, for purposes of this policy, the other person’s resistance to physical force will be viewed as a clear demonstration that the person has not communicated Consent);
• the sexual arousal of the other person;
• a current or previous dating, romantic, intimate, or sexual relationship with the other person;
• currently or previously cohabitating with the other person;
• the other person’s attire;
• the other person’s reputation;
• the other person’s giving or acceptance of gifts; or
• the other person’s extension or acceptance of an invitation to go to a private residence, room, or location.

Consent Must be Voluntary

Consent is not voluntary if it is obtained by Coercion. Nor is Consent voluntary if it is obtained from a person who is Incapacitated if one knows (or a Reasonable Person would know) that the other person is Incapacitated. Because the Incapacitation of another person may be difficult for one to discern, persons subject to this policy are strongly encouraged to err on the side of caution (i.e., when in doubt, assume that the other person is Incapacitated and therefore unable to give Consent.)

Consent Must be Continual

Consent must be continual, i.e., consent must exist from the beginning to the end of each sexual encounter and for each specific sexual act that occurs during a sexual encounter. A person has a right to change his/her mind; thus, Consent to engage in a specific sexual act may be withdrawn by a person at any time. A withdrawal of Consent is communicated through clear words and/or clear non-verbal actions that indicate that a person no longer agrees to engage in a specific sexual act. Once a person’s withdrawal of Consent has been communicated, the other person must cease the specific sexual act and must obtain Consent before reinitiating the specific sexual act. Consent is automatically withdrawn when a person becomes incapacitated. Consent to one type of Sexual Contact or Sexual Intercourse (e.g., oral intercourse) does not constitute or imply Consent for another type of Sexual Contact or Sexual Intercourse (e.g., vaginal intercourse), whether during a sexual encounter or during a previous sexual encounter. The University urges persons subject to this policy to communicate with one another throughout a sexual encounter to ensure that any progression of sexual activity is done with Consent.

(13) The term “course of conduct” means two (2) or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about another person, or interferes with another person’s property. 

(14) The term “dating violence” means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim of the violence. The existence of such a relationship shall be determined based on the reporting party’s statement and with consideration of the following factors: (1) the length of the relationship; (2) the type of relationship; and (3) the frequency of interaction between the persons involved in the relationship. Dating Violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.  Dating Violence does not include acts covered under the definition of Domestic Violence.  

(15) The term “domestic violence” means a felony or misdemeanor crime of violence committed:

  
(a) by a current or former spouse or intimate partner of the victim;  

(b) by a person with whom the victim shares a child in common; 

(c) by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner; 

(d) by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred; or

 
(e) by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred. 

(16) The term “good faith” means having a belief in the truth of information that a reasonable person in the same position could have, based on the information known to the person communicating the information at the time the information was communicated by that person.  A report or other information communicated during an investigation, hearing, or other proceeding under this policy is not made in good faith if made with knowing or reckless disregard for information that would negate the report or information 

 
(17) The term “incapacitated” or “incapacitation” means a temporary or permanent physical or mental state in which a person cannot make informed, rational judgments (e.g., judgments concerning sexual contact, sexual intercourse, or sexual exploitation) because: the person lacks the physical or mental capacity to understand the nature or consequences of their words and/or conduct; and/or the person is unable to physically or verbally communicate consent.  Incapacitation can be voluntary or involuntary.  Incapacitation is determined based on the totality of the circumstances. Incapacitation may result from:  sleep; unconsciousness; intermittent consciousness; temporary or permanent physical or mental disability; involuntary physical restraint; or the influence of alcohol, drugs, or other substances, including, without limitation, substances used to facilitate sexual assault (e.g., Rohypnol, Ketamine, GHB, and Burundanga). Alcohol and drugs are common causes of incapacitation.  When alcohol or drugs are involved, Incapacitation is a state beyond mere drunkenness or intoxication.  The impact of alcohol and drugs varies from person to person; however, warning signs of incapacitation may include, without limitation: lack of control over physical movements (e.g., inability to dress/undress without assistance; inability to walk without assistance); lack of awareness of circumstances or surroundings; vomiting; unresponsiveness; and inability to communicate coherently.  A person who is under the age of eighteen (18) (i.e., a minor) is incapable of giving consent; however, a person who is at least the age of thirteen (13) and less than the age of eighteen (18) is capable of giving consent to sexual acts with another person who is less than four (4) years older than them. 

(18) The term “reasonable person” means a sober, objectively reasonable person in the same situation, and with the same sex, gender identity, and sexual orientation as the person whose words and/or conduct are being evaluated.

 
(19) The term “relationship violence” means dating violence and/or domestic violence.

 
(20) The term “retaliation” means an act (i) taken by a student (including an act taken through a third party) because of another person’s participation in a protected activity (ii) that would discourage a reasonable person from engaging in protected activity. Protected activity includes a person’s good faith: (i) opposition to conduct prohibited under the Standards of Conduct; (ii) report to the University about conduct prohibited under the Standards of Conduct to the University; (iii) participation (or reasonable expectation of participation) in any manner in an investigation, meeting, hearing, or interim measure; or (iv) exercise of rights or responsibilities under any provision of the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act.  Retaliation violates the Standards of Conduct regardless of whether the underlying allegation of a violation of the Standards of Conduct is ultimately found to have merit. Retaliation can include an act taken against a person’s family, friends, advisors, and/or other persons reasonably expected to provide information in connection with a University investigation or hearing.

  
(21) The term “sexual assault” means engaging in sexual contact or sexual intercourse with another person without the consent of that person.

 
(22) The term “sexual contact” means the intentional touching of another person (including another person’s clothing) in a sexual manner with any part of one’s body or with any object. Sexual contact also means intentionally causing another person to touch themselves (including their clothing) in a sexual manner. Whether a touching was done in a sexual manner is determined from the perspective of a sober, objectively reasonable person in the same situation and with the same sex, gender identity, and sexual orientation as the person who was touched.

 
(23) The term “sexual exploitation” means an act or attempted act by a person for the purpose of sexual arousal or gratification, financial gain, or other personal benefit through the abuse or exploitation of another person’s sexuality. Examples of sexual exploitation include, without limitation: observation of a person who is undressed or engaging in sexual contact or sexual intercourse, without the consent of all persons being observed (in a place where a person has a reasonable expectation of privacy); creation or distribution of images, photography, an audiotape, or a videotape of sexual contact, sexual intercourse, or a person’s intimate parts (i.e., genitalia, groin, breasts, buttocks) without the consent of all persons being recorded or photographed; prostituting another person; allowing others to observe, either in person or electronically, sexual contact or sexual intercourse without the consent of all persons involved in the sexual contact or sexual intercourse (in a place where a person has a reasonable expectation of privacy); and knowingly exposing another person to a sexually transmitted infection without informing the other person that one has a sexually transmitted infection.

 
(24) The term “sexual harassment” means with respect to the conduct of a student, unwelcome conduct of a sexual nature that is so severe or pervasive, and objectively offensive, that it substantially interferes with the ability of a person to work, learn, live, or participate in or benefit from the services, activities, or privileges provided by the University. In no event shall the term “sexual harassment” be construed to prohibit speech protected by the First Amendment to the United States Constitution (e.g., mere insulting or offensive speech). Sexual harassment may include, for example, unwelcome sexual advances, requests for sexual favors, and acts of sexual assault.  The term “sexual harassment” also means, with respect to the conduct of a student-employee (when acting as a student-employee): unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when: submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s participation in an educational program; submission to or rejection of such conduct by an individual is used as the basis for evaluation or advancement in an educational program; or such conduct has the purpose or effect of unreasonably interfering with an individual’s educational performance or creates an intimidating, hostile or offensive educational environment.  Sexual harassment is a form of sex discrimination.  To determine whether conduct constitutes sexual harassment, consideration shall be given to the totality of the circumstances, including without limitation: the context in which the conduct and/or words occurred; and the frequency, nature, and severity of the conduct and/or words. 

 
(25) The term “sexual intercourse” means the penetration, no matter how slight, of the vagina or anus with any body part or object; or oral penetration by a sex organ of another person. 

(26) The term “sexual misconduct” means sexual harassment, sexual assault, and/or sexual exploitation. 

(27) The term “stalking” means engaging in a course of conduct directed at a specific person that would cause a reasonable person to: (1) fear for the person’s safety or the safety of others; or (2) suffer substantial emotional distress. For the purposes of this definition, the term “reasonable person” means a reasonable person under similar circumstances and with similar identities to the victim. 

(28) The term “substantial emotional distress” means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling. 

Authority: T.C.A. § 49-9-209(e); Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5; and Public Acts of Tennessee, 1807, Chapter 64.  Administrative History: Original rule filed May 27, 1986; effective August 12, 1986. (For history prior to August 12, 1986 see pages (iii) - (v)).  Amendment filed October 31, 1990; effective January 29, 1991. Amendment filed November 20, 1990; effective February 27, 1991.  Amendment filed September 3, 1992; effective December 29, 1992.  Amendment filed June 18, 1996; effective October 28, 1996.  Amendment filed November 17, 2000; effective March 30, 2001. Repeal and new rule filed April 17, 2012; effective September 28, 2012.  Emergency rule filed August 27, 2015; effective through February 23, 2016. 

Jurisdiction

(1) The Standards of Conduct, Chapter 1720-03-03-.04, apply to conduct that occurs on University-controlled property.

 
(2) The University also has the discretion to discipline a student for an act in violation of the Standards of Conduct that occurs off University-controlled property if the conduct adversely affects the interests of the University, including, but not limited to, conduct which:

 
(a) Occurs in connection with a University-affiliated activity, including, but not limited to, an overseas study program or a clinical, field, internship, or in-service experience;

 
(b) Involves another member of the University community; or

 
(c) Threatens, or indicates that the student may pose a threat to, the health or safety of him/herself or others or the security of any person’s property, including, but not limited to, alcohol-related offenses, drug-related offenses, arson, battery, fraud, hazing, participation in group violence, rape, sexual assault or misconduct, stalking, and theft. 

(3) The Standards of Conduct have been adopted in furtherance of the University’s interests and serve to supplement, rather than substitute for, the enforcement of the civil and criminal law. Accordingly, University disciplinary action may be instituted against a student charged with conduct that potentially violates both the criminal law and the Standards of Conduct without regard to the pendency of criminal charges or civil litigation.  At the discretion of the Chief Student Affairs Officer, or his/her designee, disciplinary action relating to a violation of the Standards of Conduct may be carried out prior to, simultaneously with, or following criminal proceedings.  Students accused of violating the Standards of Conduct may not challenge the University disciplinary proceedings on the grounds that criminal charges, civil litigation, or other University proceedings regarding the same incident are pending or have been terminated, dismissed, reduced, or not yet adjudicated.  

(4) Each student shall be responsible for his/her conduct from the time of application for admission 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 of actual enrollment (and even if conduct is not discovered by the University until after a degree is awarded). Should a student withdraw from the University with disciplinary charges pending, the student’s academic record and/or ability to register for classes may be encumbered by the appropriate University office.

 
(5) Graduate or professional programs within the University may initiate charges against students for alleged violations of professional standards or ethics as a separate issue or as an extension of alleged acts of academic dishonesty or other violations of the Standards of Conduct. 

Authority: T.C.A. § 49-9-209(e) and Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.  Administrative History: Original rule filed May 27, 1986; effective August 12, 1986. (For history prior to August 12, 1986 see pages (iii) - (v)). Amendment filed November 17, 2000; effective March 30, 2001.  Repeal and new rule filed April 17, 2012; effective September 28, 2012. 

Standards of Conduct

A student or student organization may be disciplined for the following types of misconduct:

(1) Cheating, plagiarism, or any other act of academic dishonesty, including, but not limited to, an act in violation of the Honor Code. 

(2) Providing false information to a University official.

 
(3) Falsifying, distorting, misrepresenting, or withholding information in connection with a University investigation or hearing.

 
(4) Forging, altering, destroying, falsifying, or misusing records, identification, or documents. 

(5) Causing physical harm to any person (including oneself); endangering the health or safety of any person (including oneself); engaging in conduct that causes a reasonable person to fear harm to his/her health or safety; or making an oral or written statement that an objectively reasonable person hearing or reading the statement would interpret as a serious expression of an intent to commit an act of unlawful violence to a particular individual or group of individuals.

 
(6) Harassment, which is defined as unwelcome conduct that is so severe or pervasive, and objectively offensive, that it substantially interferes with the ability of a person to work, learn, live, or participate in or benefit from the services, activities, or privileges provided by the University. In no event shall this rule be construed to discipline a student for speech protected by the First Amendment to the United States Constitution (e.g., mere insulting or offensive speech).

 
(7) Engaging in sexual misconduct, relationship violence, or stalking. 

(8) Invasion of another person’s privacy when that person has a reasonable expectation of privacy, including, but not limited to, using electronic or other means to make a video or photographic record of any person in a location in which the person has a reasonable expectation of privacy, without the person’s knowledge or consent. This includes, but is not limited to, making a video or photographic record of a person in shower/locker rooms or restrooms. The storing, sharing, and/or distributing of such unauthorized recordings by any means is also prohibited. 

(9) Theft, misappropriation, unauthorized possession, or unauthorized sale of private or public property, including but not limited to University-controlled property.

 
(10) Vandalizing, destroying, damaging, engaging in conduct that reasonably could cause damage to, or misusing private or public property, including but not limited to University-controlled property.

 
(11) Participating in hazing. “Hazing” means any intentional or reckless act in this state on or off University-controlled property by one (1) student acting alone or with others, which is directed against any other student, which endangers the mental or physical health or safety of that student, or which induces or coerces a student to endanger the student’s mental or physical health or safety. “Hazing” does not include customary athletic events or similar contests or competitions and is limited to those actions taken and situations created in connection with initiation into or affiliation with any organization.

 
(12) Engaging in disorderly conduct, which means: fighting or other physically violent or physically threatening conduct; creating a hazardous or physically offensive condition by any act that serves no legitimate purpose; making noise that could unreasonably disturb others who are carrying on lawful activities; or conduct that breaches the peace.

 
(13) Engaging in lewd, indecent, or obscene conduct. “Lewd, indecent, or obscene” conduct includes, but is not limited to, public exposure of one’s sexual organs, public urinating, and public sexual acts

. 
(14) Engaging in speech, either orally or in writing, that is directed to inciting or producing imminent lawless action and is likely to incite or produce such action. 

(15) Any act of arson; falsely reporting a fire, the presence of an explosive or incendiary device, or other emergency; setting off a false fire alarm; or tampering with, removing, or damaging fire alarms, fire extinguishers or any other safety or emergency equipment from its proper location except when removed in a situation in which there is a reasonable belief of the need for such equipment.

 
(16) Possessing, using, or duplicating University keys, access cards, or identification cards without authorization; possessing, using, or entering University-controlled property without authorization.

 
(17) Theft, misuse, or unauthorized use of information technology facilities, resources, or access codes, including, but not limited to: unauthorized entry into or transfer of a file; using another person’s identification and/or password without that person’s consent; using information technology facilities or resources to interfere with the work of another student, faculty member, staff member, or other member of the University community; using information technology facilities or resources to interfere with normal operation of a University information technology system or network; circumventing University information technology system or network security; using information technology facilities or resources in violation of copyright laws; falsifying an e-mail header; and conduct that violates the University’s policy on the Acceptable Use of Information Technology Resources.

 
(18) Possessing, using, storing, or manufacturing any weapon or any facsimile of a weapon on University-controlled property or in connection with a University-affiliated activity, unless authorized in writing by the Chief of Police or his/her designee.

 
(19) Consuming, manufacturing, possessing, distributing, dispensing, selling, or being under the influence of alcoholic beverages on University-controlled property or in connection with a University-affiliated activity. 

 
(20) Consuming, manufacturing, possessing, distributing, dispensing, selling, or being under the influence of alcoholic beverages, if prohibited by federal, state, or local law.

 
(21) Providing an alcoholic beverage to a person younger than twenty-one (21) years of age, unless permitted by law.

 
(22) Using, manufacturing, possessing, distributing, selling, dispensing, or being under the influence of drugs or drug paraphernalia, if prohibited by federal, state, or local law; using or possessing a prescription drug if the prescription was not issued to the student; or distributing or selling a prescription drug to a person to whom the prescription was not originally issued.

 
(23) Failing to pay a University bill, account, or other University financial obligation.

 
(24) Failing to respond to a request to report to a University administrative office; failing to comply with a lawful directive of a University employee or other public official acting within the scope of his/her duties; or failing to identify oneself to a University employee or other public official acting within the scope of his/her duties when requested to do so.

 
(25) Failing to appear at a University hearing, including, but not limited to, a hearing of a University judicial board, following a request to appear either as a party or as a witness.

 
(26) Violating the terms of an interim suspension, a no-contact directive, or a disciplinary penalty imposed by the University

. 
(27) Obstructing or disrupting teaching, learning, studying, research, public service, administration, disciplinary proceedings, emergency services, or any other University-affiliated activity, or the free flow of pedestrian or vehicular traffic.  In no event shall this rule be construed to discipline a student for speech protected by the First Amendment to the United States Constitution.

 
(28) Violating a University policy or rule, including but not limited to University policies or rules relating to facilities use, smoking, the acceptable use of information technology resources, research or service misconduct, finder’s fees relating to clinical investigations involving human subjects or access to University data or materials, University libraries, dining services, parking or transportation, University identification card use, sexual harassment, residence halls, and registered student organizations.

 
(29) Committing an act that is prohibited by local, state, or federal law.

 
(30) Attempting to commit a violation of a Standard of Conduct or being an accessory to the commission of an act or attempted act in violation of a Standard of Conduct.

 
(31) Engaging in retaliation. 

Authority: T.C.A. § 49-9-209(e); Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5; and Public Acts of Tennessee, 1807, Chapter 64.  Administrative History: Original rule filed May 27, 1986; effective August 12, 1986. (For history prior to August 12, 1986 see pages (iii) - (v)).  Amendment filed October 31, 1990; effective January 29, 1991.  Amendment filed November 17, 2000; effective March 30, 2001. Repeal and new rule filed April 17, 2012; effective September 28, 2012.  Emergency rule filed August 27, 2015; effective through February 23, 2016. 

Penalties

(1) Disciplinary penalties are primarily intended to educate students and student organizations about appropriate behavior, encourage students and student organizations to take responsibility for misconduct, promote the personal and professional development of students, discourage other students and student organizations from violating the Standards of Conduct, and protect members of the University community. The penalties imposed should be appropriate for the particular case based on the gravity of the offense (including without limitation how the violation affected or reasonably could have affected other members of the University community).  Efforts are made to keep penalties consistent with those applied to similar cases. In recognition of the fact that the University is an educational institution with a rehabilitative point of view, penalties are assessed in accordance with conditions accompanying each offense. Consideration may also be given to the student’s or student organization’s conduct record; the student’s or student organization’s responsiveness to the conduct process; whether the student acted in self-defense, and, if so, whether the amount of force used was reasonable under the circumstances; student academic classification; and other aggravating or mitigating factors. Penalties may be applied retroactively to the date of the offense. Intoxication or impairment because of alcohol, drugs, chemicals, or other substances does not diminish or excuse a student violation of the Standards of Conduct. Additionally, official violation notifications are given by the appropriate office, and official records are maintained in that office.

 
(2) The following penalties may be imposed on any student found to have violated the Standards of Conduct:

 
(a) Disciplinary Warning.  A disciplinary warning is a notice that the student is violating or has violated the Standards of Conduct. It is used for minor violations and consists of a restatement of the regulation violated with an official warning concerning future action.

 
(b) Disciplinary Reprimand.  A disciplinary reprimand is used for minor violations of the Standards of Conduct when it is evident the misconduct occurred with knowledge and awareness of applicable Standards of Conduct. A reprimand indicates that further violations will result in more severe disciplinary actions. Reprimands may be given to students in either verbal or written form.

 
(c) Loss of Privilege.  Loss of privilege is a penalty imposed most commonly cases involving violation of University rules governing hours, social standards, intramural sports, or misuse of University facilities. The loss of privilege is ordinarily established for a specific period of time, and actions are recorded in appropriate records. Privileges that maybe lost include, but are not limited to, scholarships, stipends, participation in extracurricular activities (e.g. intramurals),  participation in social activities, and use of certain University-controlled property (e.g., information technology resources). 

(d) Education. Students may be required to attend classes, at their own expense, dealing with issues such as the consequences of alcohol or drug use, civility, ethics, or other topics as deemed appropriate by the Chief Student Affairs Officer or his/her designee.

 
(e) Restitution. Restitution may be required in situations that involve destruction, damage, or loss of property, or unreimbursed medical expenses resulting from physical injury. Restitution may take the form of a monetary payment or appropriate service to repair or otherwise compensate for the destruction, damage, or loss.

 
(f) Disciplinary Probation.  Disciplinary probation means that a student is permitted to remain in the University on a probationary status.  Should a violation occur during probation, the student is normally suspended.  Disciplinary probation is recorded on the student’s personnel file in the Office of Student Affairs. Conditions of probation are specific to the individual case and may include loss of eligibility to serve as a student organization officer or participation in major student activities. Any specific probation conditions are described in a personal letter to the student. Other conditions of 

(g) Suspension.  The penalty of suspension is imposed in cases of serious or repeated misconduct or a violation of probation.  A student who is suspended shall have his/her registration cancelled and is not eligible to apply for readmission for a designated period of time. Suspensions are always recorded on the student’s permanent record. (Persons suspended from the University may not return to the campus for the duration of their suspension, except to conduct official business with an administrative officer or faculty member).

 
(h) Permanent Dismissal.  Permanent dismissal means that a student is permanently barred from matriculating as a student at the University of Tennessee Health Science Center. This penalty is used when the violation of one (1) or more of the Standards of Conduct is deemed so serious as to warrant total and permanent disassociation from the University community without the possibility of re-enrollment; or when, by his/her repeated violation of the Standards of Conduct, a student exhibits blatant disregard for the health and safety of other members of the University community or the University’s right to establish rules of conduct.

  
(i) Revocation of Degree.  Revocation of a degree means revoking a student’s a degree already awarded by the University.  Revocation of a degree shall be approved by the University of Tennessee Board of Trustees.

(3) A disciplinary hold may be placed on a student’s account until the completion of the student disciplinary process and/or until the student satisfies the terms and conditions of any penalties imposed. A student who, at the time of commencement, is subject to a continuing disciplinary penalty or an unresolved disciplinary charge shall not be awarded a degree before the conclusion of all penalties and/or resolution of all disciplinary charges.

 
(4) The following penalties may be imposed on a student organization found to have violated the Standards of Conduct:

 
(a) Disciplinary Warning.  A disciplinary warning is used for minor violations of the Standards of Conduct and consists of a restatement of the Standard of Conduct violated with an official warning concerning future action.

 
(b) Loss of Privilege.  This penalty is intended to serve as a reminder of the Standards of Conduct and is for a specific period of time. Examples of privileges that may be lost include participating in extracurricular activities (e.g., intramurals), housing privileges, participating in social activities, and using certain University-controlled property.

 
(c) Education.  Student organizations or their representatives may be required to attend classes, at their own expense, dealing with issues such as the consequences of alcohol or drug use, civility, ethics, or other topics as deemed appropriate by the Chief Student Affairs Officer, Student Conduct Officer, and/or his/her designee. 

(d) Restitution. Restitution may be required in situations that involve destruction, damage, or loss of property, or unreimbursed medical expenses resulting from physical injury. Restitution may take the form of a monetary payment or appropriate service to repair or otherwise compensate for the destruction, damage, or loss. 

(e) Social Probation.  This penalty prohibits a student organization from sponsoring or participating in specified social activities.  While on social probation, a student organization may not host social events or participate in University-affiliated activities. Any exceptions to social probation must be approved, in advance, by the Chief Student Affairs Officer or his/her designee.

 
(f) Disciplinary Probation. Disciplinary probation means that a student organization is permitted to retain University registration on a probationary status. Violation of the Standards of Conduct during the period of disciplinary probation may result in more serious penalties, including revocation of University registration.

  
(g) Revocation of University Registration.  In cases of serious misconduct, a student organization’s University registration may be revoked. 

(5) More than one (1) of the penalties listed above may be imposed for any single violation of the Standards of Conduct.

 
(6) Except for an interim suspension, disciplinary penalties shall not become effective until after opportunities for appeal have been exhausted.  Penalties may be applied retroactively to the date of the offense.  Coursework performed while disciplinary charges are pending or disciplinary proceedings are underway shall be considered conditional. Coursework may be affected or disregarded based on a final finding of misconduct or the penalty imposed, which may result in loss of course credit, a loss of tuition and/or fees, a delay in the awarding of a degree, or revocation of a degree that was awarded prior to a final decision in the disciplinary proceeding. 

Authority: T.C.A. § 49-9-209(e) and Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.  Administrative History: Original rule filed May 27, 1986; effective August 12, 1986. (For history prior to August 12, 1986 see pages (iii) - (v)).  Amendment filed November 13, 1987; effective February 28, 1988. Amendment filed October 31, 1990; effective January 29, 1991.  Amendment filed August 31, 1995; effective December 30, 1995.  Amendment filed January 13, 1999; effective May 31, 1999.  Amendment filed November 17, 2000; effective March 30, 2001. Repeal and new rule filed April 17, 2012; effective September 28, 2012. 

No Contact Directive

In cases involving allegations of assault, injury, sexual abuse, harassment, or in cases where there is reason to believe continued contact between a student/student organization and specific persons, including complainants and witnesses, may interfere with those persons’ security, safety or ability to participate effectively in work or studies, the Chief Student Affairs Officer, or his/her designee and the Title IX Coordinator may require that the student/student organization not have verbal, physical, or written contact with specific persons for a definite or indefinite period of time. The student/student organization will receive notice of the no contact directive.  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/student organization.  In addition to an internal University no contact directive, complainants are advised that other similar options exist and can be obtained from law enforcement and civil and criminal courts.

 
Authority:  T.C.A. § 49-9-209(e) and Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.  Administrative History: Original rule filed May 27, 1986; effective August 12, 1986.  (For history prior to August 12, 1986 see pages (iii) - (v)).  Repeal filed November 13, 1987; effective February 28, 1988.  Repeal and new rule filed April 17, 2012; effective September 28, 2012. 

1720-03-03-.07 INTERIM SUSPENSION.  

 
(1) When the Chief Student Affairs Officer or his/her designee has reasonable cause to believe that a student’s or student organization’s continued presence on University-controlled property or at University-affiliated activities poses a significant risk of substantial harm to the health or safety of others or to property or poses an ongoing threat to the disruption of, or interference with, the normal operations of the University, the Chief Student Affairs Officer or his/her designee may impose an interim suspension prior to the conclusion of a full hearing on the alleged misconduct. 

(2) An interim suspension shall be confirmed by a notice that explains the basis for the interim suspension and shall remain in effect until the conclusion of a full hearing in accordance with the rules of the University of Tennessee, which shall be held without undue delay.

 
(3) Within three (3) business days of the imposition of the suspension, the student or student organization shall be offered an opportunity to appear personally before the Chief Student Affairs Officer or his/her designee in order to discuss the following issues only:  

(i) the reliability of the information concerning the student’s or student organization’s conduct; and 

(ii) whether the conduct and surrounding circumstances reasonably indicate that the student’s or student organization’s continued presence on University-controlled property or at University-affiliated activities poses a significant risk of substantial harm to the health or safety of others or to property or poses an imminent threat of disruption of or interference with the normal operations of the University.

 
(4) During an interim suspension, the student or student organization shall be denied access to University-controlled property, including residence halls, and all other University-affiliated activities or privileges for which the student might otherwise be eligible, as the Chief Student Affairs Officer or his/her designee determines in his/her sole discretion to be appropriate.  A student or student organization who receives an interim suspension and violates the terms of the interim suspension shall be subject to further disciplinary action and may be treated as a trespasser.  Permission to be on University-controlled property or participate in University-affiliated activities may be granted by the Chief Student Affairs Officer or his/her designee. 

Hearing Procedures

1720-03-03-.08 HEARING PROCEDURES. 
(1) Unless otherwise specified in the published policies and procedures of the UT Health Science Center, a student charged with misconduct or who is entitled to an opportunity for a hearing will, upon request, be provided a hearing in accordance with the following procedures: 

(a) Notice - A person charged with misconduct will receive written notification of the following: 

1. The substance of the charge(s) against him/her.
2. The disciplinary action taken or proposed. 
3. His/her right to a hearing should he/she wish to contest the charge(s) or action.
4. To whom a request for a hearing should be addressed. 
5. That a request for a hearing must be made within five (5) days of the person’s receipt of this notice. 
6. His/her right to be accompanied by no more than one (1) advisor during the hearing, including but not limited to a parent, spouse, friend, or attorney.  The role of the advisor shall be limited to providing advice or support to the accused student.  Even if accompanied by an advisor, the accused student is responsible for presenting his/her own case to the hearing panel.  An advisor is not permitted to: introduce evidence; raise objections; present arguments; address directly the members of the hearing panel, the student conduct officer, or any witnesses participating in the hearing; or otherwise participate in the hearing. In consideration of the limited role of the advisor, and of the compelling interest of the University to expeditiously conclude the matter, a hearing shall not be delayed due to the unavailability of an advisor.
7. His/her rights to a hearing under the Uniform Administrative Procedures Act, T.C.A. § 4-5-108 et seq. (“UAPA”).  In the absence of a voluntary written waiver of his/her rights to a hearing under the provisions of the UAPA, a requested hearing will be conducted in accordance with the University’s rules for conducting contested case proceedings under the UAPA, Chapter 1720-01-05, and the hearing procedures in this Section. 08 shall not apply. 

(b) Hearing Panel - A requested hearing will be provided by a panel of individuals or a hearing examiner, selected in accordance with policies of UT Health Science Center or, in the absence of applicable policies or procedures, by the Chancellor of the UT Health Science Center or his/her designee.  The hearing will be conducted by a panel chairman similarly selected. Panel members shall be impartial and anyone lacking such impartiality shall recuse himself or be removed by the Chancellor of the UT Health Science Center or his/her designee upon the request of any party to a hearing. 

(c) Hearing Process - The chairman of a hearing panel or hearing examiner will conduct the hearing, without regard to technical rules of procedure, in such manner as will best serve the cause of justice within the following general guidelines:  

1. Each party to a hearing will be afforded a full and fair opportunity to present all evidence including witnesses, reasonably relating to the charge or action at issue; evidence which is irrelevant, immaterial, repetitious or voluminous may be limited. 
2. The hearing panel or examiner will consider all evidence presented, giving due consideration to the credibility or weight of each item presented; technical rules of evidence will not apply.
3. Each party will have the right to question opposing witnesses. 
4. A record will be made of the hearing procedures. However, defects in the record will not invalidate the proceedings. 
5. The University will have the burden of providing, by a preponderance of the evidence, the truth of the charge(s) at issue. Where the charge(s) is found to be true, the person charged will have the burden of proving that the disciplinary action taken or proposed is arbitrary, capricious, or unreasonable. 
6. Following the conclusion of the hearing, the hearing panel or examiner will consider the evidence and present written findings within a reasonable time. 
7. In cases involving an allegation of sexual assault or misconduct, the hearing procedures shall be modified to afford the alleged victim all of the rights described in Chapter 1720-03-03-.08(1)(d). 

(d) In accordance with Title IX of the Education Amendments of 1972, the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, and other applicable law, the University will investigate and resolve reports of sexual misconduct, relationship violence, and stalking in accordance with the University’s Policy on Sexual Misconduct, Relationship Violence, and Stalking. In a case involving an allegation of sexual misconduct, relationship violence, or stalking, the accused student/respondent and the alleged victim/complainant shall have the rights outlined in the University’s Policy on Sexual Misconduct, Relationship Violence, and Stalking. 

(2) The decision of any board or administrative officer of The University of Tennessee is subject to review by the Chancellor.

 
(3) For purposes of this rule, the term “student” shall mean a student or a student organization. 

(4) When, in the judgment of the Chancellor of the University of Tennessee, Health Science Center, conditions are such than an emergency exists which makes it impossible for the system of judicial boards to function, he/she may suspend the procedural regulations described in this Chapter. If the procedures are suspended, he may substitute for them arrangements for handling disciplinary matters than will ensure the orderly functioning of the University and at the same time safeguard the basic rights of the students. 

Authority: T.C.A. § 49-9-209(e); Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5; and Public Acts of Tennessee, 1807, Chapter 64. Administrative History: Original rule filed April 17, 2012; effective September 28, 2012.  Emergency rule filed August 27, 2015; effective through February 23, 2016. 

STUDENT CONDUCT OFFICER - ROLE AND RESPONSIBILITIES

The University, with the assistance and advice of students and other members of the University community, has developed procedures for handling a variety of situations involving student rights and privileges. The Associate Director of Student Affairs for Conduct and Community Standards/ Student Conduct Officer  will serve as the initial contact for student conduct issues involving students, residents, and postdocs at the institutional level by reviewing incident reports and charges related to conduct issues as well as those addressing allegations of sexual harassment or discrimination and FERPA.

Upon receipt of a  report, the Student Conduct Officer may conduct an investigation to determine if the charges have merit and/or if they can be disposed of administratively by mutual consent of the parties involved. Students who allegedly may have violated the Student  Code of Conduct described herein or violated civil laws or University regulations or policy will be appropriately advised of their rights and given a fair opportunity to provide evidence and facts for consideration.

The Student Conduct Officer will also analyze student conduct issues to identify possible patterns in an effort to employ strategies to reduce potential problems and act as a liaison to the following offices:

• Office of the Vice Chancellor for Academic, Faculty, and Student Affairs;

• Student Affairs Officers within the colleges;

• Office of Equity and Diversity; Campus Police Office; Safety Affairs Office; 

• University Health Services;

• Student Academic Support Services;

• Student Life.

The Student Conduct Officer will also provide advice to faculty, students and staff who may be impaneled if a formal hearing is needed.

STUDENT RIGHTS DURING INTERROGATION BY UT CAMPUS POLICE

A student detained or arrested in the course of a serious infraction of the law will be informed in writing prior to interrogation that:

A. He/she may remain silent.

B. Any statement he/she makes may be used against him/her in further discipline or legal proceedings.
C. He/she may have the assistance of counsel during questioning.

D. In case he/she waives his/her right to have counsel, the student may still stop answering questions or request an attorney at any time.

Before interrogating a student, the authorities must obtain a written waiver from the student stating that he/she understands their rights and wishes to answer questions without the assistance of counsel. No form of intimidation or harassment will be used by University officials to obtain the waiver or to coerce admissions of guilt. A student will not be deprived of his/her liberty without arrest.

STUDENT JUDICIAL SYSTEM - DISCIPLINARY PERSONNEL

UTHSC Hearing Procedures

Unless otherwise specified in the published policies and procedures of the UTHSC, a student charged with misconduct or who is entitled to an opportunity for a hearing, will, upon his request, be provided a hearing in accordance with the following procedures:

A. Notice

A person charged with misconduct will receive written notification of the following:

1. The substance of the charge(s) against him;
2. The disciplinary action taken or proposed;
3. His right to a hearing should he wish to contest the charge(s) or action;
4. The name and address of the person to whom a request for a hearing should be addressed;
5. That a request for a hearing must be made within five (5) days of the person’s receipt of this notice;
6. His right to legal or other counsel. If representation by counsel is desired, he must provide notice of his intent to be represented by counsel concurrent with his request for a hearing; in the absence of such notice, the hearing panel will, within the dictates of justice, direct either that a hearing proceed without presence of counsel or that the hearing be postponed;
7. His right to select a hearing option (Honor Code offense options are outlined under the section on Honor Council hearing below; alternatively for disciplinary matters unrelated to an honor code offense, either the Student/Faculty Disciplinary Appeals process or the process afforded by the Uniform Administrative Procedures Act, UAPA,T.C.A. §4-5-108, et seq - see below). In the absence of a voluntary written waiver of his rights to a hearing under the provision of the UAPA, the charge will be adjudicated under the provisions of the UAPA.

B. Hearing Panel

A requested hearing will be provided by a panel of individuals or a hearing examiner, selected in accordance with policies of UTHSC or, in the absence of applicable policies or procedures, by the Chancellor (or his designee). The hearing will be conducted by a panel chairman similarly selected. Panel members shall be impartial and anyone lacking such impartiality shall recuse himself or be removed by the Chancellor upon request of any party to a hearing.

C. Hearing Process

The chairman of a hearing will conduct the hearing, without regard to technical rules of procedure, in such manner as will best serve the cause of justice within the following general guidelines:

1. Each party to a hearing will be afforded a full and fair opportunity to present all evidence, including witnesses, reasonably relating to the charge or action at issue; evidence which is irrelevant, immaterial, repetitious or voluminous may be limited.
2. The hearing panel will consider all evidence presented, giving due consideration to the credibility or weight of each item presented; technical rules of evidence will not apply; 
3. Each party will have the right to question opposing witnesses;
4. An appropriate record will be made of the hearing procedures. However, defects in the record will not invalidate the proceedings;
5. The University will have the burden of providing, by preponderance of the evidence, the truth of the charge(s) at issue. Where the charge(s) is found to be true, the person charged will have the burden of proving that the disciplinary action taken or proposed is arbitrary, capricious, or unreasonable;
6. Following the conclusion of the hearing, the hearing panel will consider the evidence and present written findings.
 

D. Review of findings. The decision of any board or administrative officer of The University of Tennessee is subject to review by the Chancellor and the President.
 

E. Disciplinary Actions & Penalties

Disciplinary actions are taken and penalties are assigned by staff members or appropriate committees and councils on the basis of all  attendant  circumstances.  Official notifications are given by the appropriate office, and official records are maintained in that office. Efforts are made to keep penalties consistent with those applied to similar cases. However, in recognition of the fact that the University is an educational institution with a rehabilitative point of view, penalties are assessed in accordance with conditions accompanying each offense. The penalties which may be assessed for violation of University regulations are:

1. Residence Hall Probation (if applicable).
    Residence Hall probation means that a resident is permitted to remain in the residence hall on a probationary status. If, during his probationary period, the student violates another house regulation, he may be asked to move from the residence hall by the Director of Student Housing or may be subject to other disciplinary action.

2. Disciplinary Warning
    A disciplinary warning is used for minor infractions and consists of a restatement of the regulation violated with an official warning concerning future action.

3. Disciplinary Reprimand
    Disciplinary reprimands are used for minor infractions or misconduct where it is evident the misconduct occurred with knowledge and awareness of applicable University regulations. Reprimands may be given to students in either verbal or written form.

4. Loss of Privilege
   Loss of privilege is imposed in case of violations of a University standard. It is most commonly used in violation of regulations governing hours, residence halls, rushing, social standards and intramural sports, or misuse of University facilities. The loss of privilege is ordinarily established for a specific period of time, and actions are recorded in appropriate records.

5. Disciplinary Probation
    Disciplinary probation means that a student is permitted to remain in the University on a probationary status. Should a violation of regulations occur during probation, the student is normally suspended. Disciplinary probation is recorded on the student’s personnel file in the Office of Student Affairs and in the Office of Equity and Diversity. Conditions of probation are specific to the individual case and may include loss of eligibility to serve as a student organization officer or participation in major student activities. Any specific probation conditions are described in a personal letter to the student.

6. Suspension
    Suspension used in case of serious misconduct or violation of probation, means that the student is required to cancel his registration and is not eligible to apply for readmission for a designated period of time. Suspensions are always recorded on the student’s permanent record. (Persons suspended from the University may not return to the campus for the duration of their suspension, except to conduct official business with an administrative officer or faculty member).

7. Permanent Dismissal.
    Permanent dismissal means that the student is barred from matriculation into any program offered at the University of Tennessee Health Science Center

F. Emergency Powers

When, in the judgment of the Chancellor of The University of Tennessee Health Science Center, conditions are such that an emergency exists which makes it impossible for the system of judicial boards to function, he may suspend these procedural regulations. If the procedures are suspended, he may substitute for them arrangements for handling disciplinary matters that will ensure the orderly functioning of the University and at the same time safeguard the basic rights of the students.
 

Components of The Student Judicial System

A. Disciplinary Personnel

1. The Chancellor

The Chancellor, in his role as the chief executive officer of the campus, has responsibility for maintaining a campus atmosphere conducive to the achievement of the University’s purposes. In this capacity, he oversees the general operation of the campus judicial system and supervises the administration of student discipline. However, responsibility for the actual day-to-day operation of the judicial system and the handling of specific disciplinary matters rests with the Office of Academic, Faculty, and Student Affairs and the Office of Equity and Diversity. Action of all Judicial appeals boards, student/faculty appeals groups and honor councils are subject to review by the Chancellor.

2. The Student Conduct Officer

The Student Conduct Officer has responsibility for the actual functioning of the campus judicial system and for the handling of student disciplinary matters. In carrying out this responsibility, the Student Conduct Officer works closely with the Student-Faculty Disciplinary Appeals Board, the Traffic Appeals Board, and other student and faculty judicial groups. It is the responsibility of the Student Conduct Officer to appeal in behalf of the University disciplinary cases to the Student-Faculty Disciplinary Appeals Board in the event that such action seems warranted.

3. Honor Councils

There is a campus wide Honor Code which protects all students at UTHSC. Each college has an honor council which carries out the appropriate action in the event of a violation of the Honor Code. A complete explanation of the Honor Code and composition of each Honor Council can be found below.

B. The Hearing Boards
 

1. Traffic Appeals Board
Citations for traffic and parking violations may be appealed to the Student Traffic Appeals Board, which is composed of the Student Conduct Officer and representatives elected by the Student Government Association Executive Council from each college. The Student Traffic Appeals Board will meet once a month to consider  all the students’ appeals on traffic violation citations. The Student Traffic Appeals Board, after hearing a case, makes a judgment as to the accuracy of the citation and sets a penalty consistent  with  the provision of the Campus Traffic and Parking Regulations. Traffic appeals must be made in writing to the Office of Student Conduct and Community Standards within fifteen (15) calendar days  after receiving a traffic violation ticket.

2. The Student-Faculty Disciplinary Appeals Board
The Student-Faculty Disciplinary Appeals Board hears only disciplinary cases appealed to it from the Student Conduct Officer. Either the accused student or the Student Conduct Officer may appeal cases to the Board. The Student Conduct Officer or designee receives reports of investigations from members of the University community. When disciplinary cases or appeals are referred  to the Student Conduct Officer, the student is requested to appear for a conference. If the matter can be settled at this level, no further action shall be taken. In the event of an appeal, the Student-Faculty Disciplinary Appeals Board is called together to make arrangements for the hearing, to present the case to the Board and to keep records of the proceedings. It is the duty of the Student Conduct Officer to maintain a record of student and faculty participation and to see that service on the Board is rotated among both the faculty and  student members of the panel. The Student-Faculty Disciplinary Appeals Board is composed of six (6)  members (three (3) faculty and three (3) students). All members of the Hearing Board are appointed by the Student Conduct Officer to serve for one designated case. The members are selected from individuals nominated by the dean and the SGA president of each of the colleges. On call and on request by the Student Conduct Officer, the dean from the student’s college will nominate two faculty members and the SGA president will nominate two students from their respective colleges to a list from which the Hearing Board appointments are made.

3. Administrative Hearing
An alternative to the University’s disciplinary procedure is provided by a state law known as the Tennessee Uniform Administrative Procedures Act (APA). Any student subject to disciplinary action by the University shall be afforded an opportunity for a hearing in accordance with the “contested case” provisions of the APA (see Tennessee Code Annotated, section 4-5-301 through -325). Under the APA “contested case” procedures, all aspects of the hearing are conducted by a hearing panel, hearing officer, or an administrative law judge designated by the Chancellor.

If the student elects to follow the University’s disciplinary hearing procedure, he/she must waive his/her right to an A.P.A. hearing. In the absence of a voluntary written waiver of the student’s right to a hearing under the “contested case” provisions of the A.P.A, a hearing shall be conducted in accordance with the A.P.A. procedures. The form below is provided for the student to execute a waiver of his/her right to an A.P.A., hearing in the event the student elects to follow the University’s disciplinary hearing procedure.

WAIVER FORM FOR APA HEARING, PART I

UNIFORM ADMINISTRATIVE PROCEDURES ACT HEARING WAIVER:

I,________________________________________________ a student at the University of Tennessee Health Science Center, request that my case be handled according to the University hearing procedures as set forth in The Centerscope and voluntarily waive my right to receive a hearing in accordance with the “contested case” provisions of the Tennessee Uniform Administrative Procedures Act, T.C.A., sections 4-5-301 through-325.

 
________________________________________________________
Student Signature                                                               Date
 

WAIVER FORM FOR APA HEARING, PART II

Please choose and sign option one, two or three:
1.    I wish to Proceed under the College Honor Court Hearing Procedures.

____________________________________________________________________

  
____________________________________________________________________    
Signature                                                               Social Security/Student I.D. Number

2.    I wish to Proceed under the University Honor Court Hearing Procedures.

____________________________________________________________________    
 

____________________________________________________________________
Signature                                                                 Social Security/Student I.D. Number

3.    I do not contest the charges and wish the Honor Council to meet for the purpose of recommending a penalty for my actions.

____________________________________________________________________

____________________________________________________________________  
Signature                                                                Social Security/Student I.D. Number

Please indicate the following if you requested a Tennessee Uniform Administrative Procedures Act Hearing:

____I plan to have an attorney represent me at the Tennessee Uniform Administrative Procedures Act hearing.

____I do not plan to have an attorney represent me at the Tennessee Uniform Administrative Procedures Act Hearing.

Honor System

CHAPTER 1720-03-01

THE HONOR SYSTEM

1720-03-01-.01           Preamble and Purpose.

1. The University of Tennessee Health Science Center (“UTHSC”) expects and requires all students to exemplify personal integrity and responsibility in the classroom, laboratory, clinics, and other academic endeavors.  UTHSC also expects and requires UTHSC students to interact with patients, colleagues, and other members of the university community in a professional and ethical manner.  These expectations and requirements provide the foundation for the UTHSC Honor System (“Honor System”).
2. The Honor System is composed of the following:

1. The Honor Code, Chapter 1720-03-01-.02, which sets forth expected behaviors in the classroom, laboratories and clinical settings;
2. The Honor Code Pledge, Chapter 1720-03-01-.03, which all students sign as a condition of enrollment;
3. Rules relating to the administration of the Honor System, Chapter 1720-03-01-.04;
4. Rules relating to penalties associated with violations of the Honor Code, Chapter 1720-03-01-.05;
5. A process for appealing a finding of a violation of the Honor Code, Chapter 1720-03-01-.06; and
6. The composition and functioning of the College Honor Councils, Chapter 1720-03-01-.07.

1720-03-01-.02           The Honor Code. 

1. UTHSC students must exhibit personal integrity and responsibility and conduct themselves in a professional and ethical manner with respect to:
   1. The classroom, including without limitation:

1. Tests and examinations;
2. Oral, written, and practical reports and assignments in a student’s academic or research program;
3. The use of electronic technology; and
4. Classroom requirements set by UTHSC, a college within UTHSC (“College”), or a UTHSC faculty member.

2. Laboratory work, including without limitation:
   1. Completing individual and group assignments;
   2. Reporting laboratory results;
   3. Acknowledging contributions from other individuals and sources; and
   4. Laboratory requirements set by UTHSC, a College, or a faculty member.
3. Clinical work, including without limitation:

  1. Attendance and participation in clinical teams;

2. Use of patient records;
3. Timely completion of reports;
4. Patient care; and
5. Clinical work requirements set by UTHSC, a College, or a faculty member.

2. Section .02(1) shall be referred to as the “Honor Code.”

3. Violations of the Honor Code include, without limitation:

   1. Using, receiving, or providing unauthorized assistance or possessing unauthorized information or materials: during tests, examinations, academic assignments, or scholarship; in the preparation of oral, written, or practical reports; or in clinical or laboratory work in the student’s academic or research program.
   2. Recording or reporting fraudulent data relating to patient care, willfully neglecting clinical responsibilities, or otherwise compromising patient treatment through a lack of professional integrity.
   3. Plagiarizing (presenting another person’s ideas, words, projects, creations, or work as the student’s own).
   4. Falsifying, fabricating, or misrepresenting data, laboratory results, research results, citations, or other information in connection with academic assignments or clinical, field, or laboratory records.
   5. Substituting for another student or have another student substituting for oneself to take an exam or perform an academic, laboratory, clinical, or field assignment.
   6. Collaborating with others in assigned out-of-class activities, laboratory work, field work, scholarship, or other academic assignment when the instructions require individual effort.
   7. Altering grades, answers, marks, or documents in an effort to change academic records, the earned grade, or credit.
   8. Submitting without authorization the same assignment for credit in more than one course.
   9. Forging a signature or allowing forgery on any class- or university-related document, such as a class roll or drop/add sheet.  Such forgeries could involve false identification by electronic, paper, or other means.
   10. Failing to follow a faculty member’s instructions about the integrity of an exam or academic assignment.
   11. Engaging in an activity that unfairly places another student at a disadvantage, such as taking, hiding, or altering resource material or manipulating a grading system.
   12. Maliciously and falsely accusing another student of violating the Honor Code.
   13. Assisting another student in violating the Honor Code.
   14. Failing to report to UTHSC in a timely manner one’s reasonable belief that another person has violated the Honor Code.
   15. Discussing or revealing confidential information or materials relating to allegations, investigations, charges, or hearings of a College Honor Council or the University Honor Court.
   16. Engaging in unauthorized or inappropriate distribution or use of course materials (e.g., podcasts/lecture recordings), including without limitation:
       1. Sharing materials with individuals not enrolled in the UTHSC course;
       2. Posting lectures or portions of lectures to external sites;
       3. Creating clips for online video repositories; and
       4. Posting recordings of patient encounters in simulated or actual clinical settings.
   17. Engaging in other similar acts of academic dishonesty.

1720-03-01-.03  The Honor Code Pledge. 

1. All UTHSC students must sign the following pledge (“Honor Code Pledge”) within two weeks of the start of classes: 

I have read carefully the provisions of the Honor Code of the University of Tennessee Health Science Center and fully understand its meaning and significance, and I agree to abide by the Honor Code while a student enrolled at this institution and agree to accept all of its implications without reservation.

2. A student’s signature under Section .03(1) indicates the student’s pledge of personal integrity and responsibility and professional and ethical conduct and obligates the student to comply with the UTHSC Honor Code and the UTHSC Honor System.

1720-03-01-.04 Administration of the Honor System.

1. Responsibility and Procedures for Reporting Violations.
   1. UTHSC students, faculty, staff, and/or test administrators must timely report a reasonable belief that a student has violated the Honor Code, in accordance with the procedures outlined in Section .04(1)(b)(2).
   2. The procedures for reporting a violation of the Honor Code are as follows:
      1. Informal Notification.  Faculty, staff, students, and/or test administrators who become aware of suspicious behavior but are uncertain whether the behavior violates the Honor Code may informally report the behavior to a College Honor Council member.  The Honor Council member must notify the Honor Council president and then advise the suspected student that such actions are suspicious and, if continued, may lead to a formal complaint.
      2. Formal Complaints.  Faculty, staff, students, and/or test administrators who reasonably believe that a student has violated the Honor Code must file a formal complaint against the student.  A formal complaint is written and signed by the person alleging that a student has violated the Honor Code. A formal complaint is presented to a member of the appropriate College Honor Council.  A formal complaint by one individual is sufficient to initiate an investigation against a student. Signed complaints shall be forwarded to the College Honor Council president and shall not be discussed with other students.
   3. The president or faculty advisor of the College Honor Council must immediately report any alleged violation of the Honor Code to the faculty member/clinical supervisor/researcher at the site where the alleged violation occurred (assuming that the allegation was not initiated by this individual).
2. Responsibilities for Administering the Honor System.
   1. The UTHSC Office of Student Conduct and Community Standards is responsible for providing guidance to students, faculty, and College representatives regarding Honor System procedures.
   2. A representative of each College will discuss the Honor System with entering students during orientation and ensure that they sign the Honor Code Pledge.  The signed pledge will be sent to the Registrar’s office and becomes a part of the student’s official UTHSC file.
   3. Colleges are responsible for informing students of an appropriate style manual for citations.
   4. Each College has an Honor Council composed of current students that functions as a body for hearing cases of alleged violations of the Honor Code. UTHSC also has a University Honor Court composed of College Honor Council members.  The University Honor Court also serves as a hearing body for Honor Code violation cases.
   5. Faculty advisors to College Honor Councils provide guidance to College Honor Council members regarding rules, procedures, and the appropriate methods of administering the Honor System.
   6. The Office of Vice Chancellor for Academic, Faculty and Student Affairs (“VCAFSA”), or designee, provides guidance and orientation to College Honor Council members, faculty advisors, and other students.
   7. Any proposed change to the Honor System shall be presented in writing to the president of each College’s Honor Council.  A majority vote of each College Honor Council and the College Honor Council presidents must approve changes before they are submitted to the Student Government Association Executive Committee, the UTHSC Chancellor, and the University of Tennessee Board of Trustees for approval.
   8. Changes to a College Honor Council’s procedures shall be presented in writing to the College’s Honor Council president and must be approved by a majority vote of the College’s Honor Council.  Upon approval and concurrence by the Dean of the College, the change shall be submitted to the Chancellor for approval.
3. Procedures for Handling Alleged Violations of the Honor Code.
   1. Upon receipt of a formal complaint, the president of the College Honor Council appoints a College Honor Council member to investigate and determine the facts of the alleged violation(s).  The student investigator shall make an oral or written recommendation to the College Honor Council president concerning whether the president should issue a notice accusing a student of violating the Honor Code (“Notice of Charge”).  A seven (7) university business day investigation period is recommended but is not mandatory.
   2. If the student investigator determines that a preponderance of the evidence does not support a finding that a violation of the Honor Code occurred, then the student investigator will recommend that the president dismiss the formal complaint.  The president will review the student investigator’s factual findings and assess the appropriateness of this recommendation.  If the president agrees that a preponderance of the evidence does not support a finding that a violation of the Honor Code occurred, then the president will dismiss the formal complaint.
   3. If the student investigator concludes that a preponderance of the evidence supports the allegation, then the student investigator will recommend the president issue a Notice of Charge.  The president will review the investigator’s factual findings and determine whether to accept the recommendation.  If the president concludes that a preponderance of the evidence supports the allegation that the student committed a Honor Code violation, then the president shall send the accused student a Notice of Charge in accordance with Section .04(4).  The president shall also send a copy of the Notice of Charge to the Office of Student Conduct and Community Standards.
   4. The identity of the person(s) who reported the allegation is confidential throughout the student investigator’s investigation.  If a Notice of Charge is issued, then the accused student will be notified of the name(s) of the accuser(s) upon request to the president of the College Honor Council.
4. Notice to the Accused Student and the Response from the Accused Student.
   1. A student charged with violating the Honor Code shall be given a Notice of Charge(s) that states the following:
      1. Factual basis of the charge(s);
      2. The penalties that could be recommended to the Dean of the student’s College;
      3. The student’s right to a hearing if the student contests the charge(s) and/or proposed penalties;
      4. The name and address of the person to whom a request for a hearing should be directed;
      5. A statement indicating that a request for a hearing must be made within seven (7) university business days of the date that the Notice of Charge was sent; and
      6. A statement indicating the right to consult with a faculty advisor recommended by the College.
   2. The accused student must respond to the Notice of Charge in writing within seven (7) university business days of the date the Notice of Charge was sent.  The accused student’s response must indicate either:
      1. that he/she acknowledges a violation of the Honor Code and agrees to accept the penalty imposed by the Dean; or
      2. that he/she denies violation of the Honor Code and requests a hearing to contest the charge(s) under one of the hearing options outlined in Section .04(5).
   3. If the accused student does not respond to the Notice of Charge in writing within seven (7) university business days of the date the Notice of Charge was sent, then the accused student will be found responsible for the charges indicated in the Notice of Charge and a penalty will be imposed by the Dean of the student’s College. 
   4. A Notice of Charge will be sent to a student by:
      1. U.S. mail or courier service to the address UTHSC’s Registrar has on file for the student, in which case the notice is effectively sent upon mailing or delivery to the courier service; and
      2. electronic means (e.g., e-mail) to the student’s UTHSC e-mail account, in which case the notice is effectively sent upon transmission.
   5. In computing a period of time that is referenced in the Honor System, the day of the event that triggered the period is excluded, and the last day of the period is included unless the last day of the period is a Saturday, Sunday, or legal holiday, in which case the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday.
5. Hearing Options and Guidelines.  An accused student who wants to contest a charge has the following hearing options:
   1. TUAPA Hearing.  If it is reasonably likely that the penalty of suspension or expulsion will be imposed if the accused student is found responsible for violating the Honor Code, then the accused student has a right to a hearing under the University of Tennessee’s rules for conducting contested cases under the Tennessee Uniform Administrative Procedures Act, Chapter 1720-01-05 (“TUAPA Hearing”).  In accordance with Chapter 1720-01-03, whenever an accused student who is entitled to a TUAPA hearing requests a hearing, that hearing will be conducted in accordance with Chapter 1720-01-05 unless the accused student executes a waiver of right to proceed under Chapter 1720-01-05 and elects a hearing under Section .04(5)(b) or Section .04(5)(c).  An accused student who elects a TUAPA hearing shall have no right to be heard on the same matter in a College Honor Council hearing or a University Honor Court hearing.
   2. College Honor Council Hearing.  This hearing is held by members of the College Honor Council from the accused student’s College.  The composition of the College Honor Councils is set forth in Section .07.  College Honor Council hearings shall be conducted in accordance with the following guidelines:
      1. A hearing panel is convened from among the members of the College Honor Council.
      2. The president of the College Honor Council serves as the chair of the hearing panel. The president of the College Honor Council may appoint another member of the College Honor Council to serve as the chair of the hearing panel if the president is unavailable.
      3. The hearing should be scheduled as soon as possible following receipt of the accused student’s request for a hearing.
      4. At least five (5) calendar days before the hearing, the student investigator should provide the accused and the College Honor Council hearing panel with all documents the investigator reasonably anticipates presenting during the hearing at least five (5) calendar days before the hearing.
      5. Both the accused student and the student investigator have the right to request the participation of witnesses. Any individual who is a member of the UTHSC community (student, faculty or staff member) is expected to participate if such a request is made. If a witness is unable to participate for some reason, the accused student or the student investigator may ask the witness to provide a written statement documenting the witness’ knowledge of the case.  Then, the hearing panel will determine whether to consider the written statement as evidence, balancing the potential value of the information with the fact that the witness will not be questioned as part of the hearing process.
      6. If he/she feels that a member of the College Honor Council may be biased, the accused student may request that the member be replaced by an alternate. Decisions for such removal will be made by the president of the College Honor Council in consultation with the faculty advisor to the College Honor Council. Unresolved disputes regarding such requests will be resolved by the VCAFSA.
      7. Before the hearing, the College Honor Council hearing panel should meet to review the documentation, determine which (if any) witnesses should be invited to participate, discuss the procedure for the hearing, and determine the date of the hearing.  After the details have been settled, the president/chairperson should schedule the hearing, inviting the accused student, his/her advisor, the student investigator, and witnesses as appropriate.
      8. The student investigator will present the charge(s) to the hearing panel.
      9. The accused student has the right to attend all parts of the formal hearing except the deliberation of the hearing panel.  In addition, the accused has the right to question all witnesses and is afforded a full and fair opportunity to present all evidence, including witnesses, reasonably relating to the charge or action at issue.  The accused student may have one (1) advisor present.  This advisor shall be a member of the UTHSC community (e.g. a student, faculty or staff member) but shall not be an attorney.  The advisor is allowed to provide advice to the accused student during the hearing but is not allowed to question any witness or hearing panel member, introduce evidence, raise objections, present arguments, or otherwise participate in the hearing.
      10. College Honor Council hearings are not open to the public; family members, supporters and any other interested party who is not an advisor to the accused student will be provided with a waiting area but are not allowed to listen to, or otherwise participate in, the formal hearing.
      11. Evidence that is irrelevant, immaterial, repetitious, or cumulative may be limited.  Judicial rules of evidence and procedure do not apply.
      12. Allegations, investigations, charges and hearing records are confidential and shall be treated as student records that are protected by federal privacy laws (i.e., the Family Educational Rights and Privacy Act of 1974 - FERPA).
      13. A verbatim record shall be made of the hearing procedures.  However, defects in the record do not invalidate the proceedings.
      14. After the hearing, the College Honor Council hearing panel will consider the evidence and present written findings, conclusions, and recommendations of possible penalties to the Dean of the College in which the violation occurred. The faculty advisor to the College Honor Council may attend these deliberations but should only provide advice on procedural issues.
      15. At least five (5) College Honor Council members are required for a quorum.  A majority vote of the hearing panel is required for any decision. The student investigator does not vote.
      16. A finding of responsibility requires that the truth of the charge(s) at issue be supported by a preponderance of the evidence.  The student investigator has the burden of proof.
      17. If the verdict is that the student did not violate the Honor Code, then the Notice of Charge is dismissed and no penalty is imposed on the accused student.
      18. Irrespective of the outcome of the hearing, all documents and recordings related to the case shall be transferred to the Office of Student Affairs as part of the official student file.
      19. The president/chairperson shall notify the accused student, Dean of the College, the student investigator, and the Office of Student Affairs of the outcome of the case.
   3. University Honor Court Hearing. The University Honor Court is composed of students from all Colleges at UTHSC.  Each College nominates two (2) College Honor Council members to the University Honor Court pool.  For each hearing, the VCAFSA (or designee) will appoint a hearing panel of seven (7) members from the pool of nominees with at least two (2) panel members from the College of the accused student.  The VCAFSA, (or designee) will select a chairperson from the panel members for the hearing.  University Honor Court hearings shall be conducted in accordance with the same guidelines outlined in Section .04(5)(b).
6. Enrollment of Students During the Notice of Charge and Hearing.
   1. Normally, an accused student may continue attending classes after the issuance of a Notice of Charge, assuming that the case does not extend for more than one (1) complete academic term after the alleged violation occurred. Should the case continue into the next academic term, the Grades for courses taken during that term will be listed as “I” (incomplete) until the case is finally adjudicated, converting to the grade earned if the finding of the hearing panel is that the student did not violate the Honor Code.  If the student is found responsible for violating the Honor Code, the Dean of that student’s College will determine the type of penalty to impose, which could include denying credit for courses attended while the case was being adjudicated.  Depending on individual circumstances, students who are involved in clinical training when a Notice of Charge is filed may not be able to continue their clinical activities.  The Dean (or designee) from the student’s College will decide whether the student can continue attending clinical training while the case is being adjudicated.  If a case extends into a second academic term following the issuance of a Notice of Charge, then the accused student will normally not be allowed to continue coursework until the case has been resolved.
   2. If an accused student leaves the University prior to the resolution of the case, the College Honor Council president shall send a letter to the Dean describing the accusation and stating the case was not resolved before the accused’s departure from school.  A copy of this letter with all accompanying documents related to the case shall be forwarded to the Office of Student Affairs to be placed in the accused student’s permanent record.
   3. If an accused student leaves the University without resolving a Notice of Charge and is later readmitted, the accused student will be required to appear before the College Honor Council and resolve the Notice of Charge.  If the College Honor Council finds that the student did not violate the Honor Code, then the Dean shall inform the Office of Student Affairs and request removal of the letter and all accompanying documents from the student’s permanent record.

1720-03-01-.05  Honor Code Violation Penalties.

1. If a hearing panel finds that an accused student violated the Honor Code, then the hearing panel will report its findings to the Dean of the accused student’s College and recommend possible penalties, including probation, suspension, dismissal, or any other action deemed appropriate by the hearing panel.
2. The Dean will consider the evidence, written findings, conclusions, and recommendations of the hearing panel and determine the penalty within ten (10) university business days of the Dean’s receipt of the hearing panel’s decision.  If the Dean is not available to provide a timely penalty determination, then he/she may appoint a designee to make the penalty determination.
3. The Dean’s decision on the penalty will be sent to the student by. 
   1. U.S. mail or courier service to the address UTHSC’s Registrar has on file for the student, in which case the notice is effectively sent upon mailing or delivery to the courier service; and
   2. electronic means (e.g., e-mail) to the student’s UTHSC e-mail account, in which case the notice is effectively sent upon transmission.
4. A copy of the Dean’s (or designee’s) decision will be sent to the president/ chairperson of the hearing panel and to the Office of Student Affairs, which will file the decision as part of the student’s permanent record. Penalties in TUAPA hearings will be determined by the administrative judge, hearing examiner, and/or Agency Head in accordance with Chapter 1720-01-05.

​1720-03-01-.06   APPEALS.

6. The accused student may appeal the Dean’s penalty determination in writing to the Chancellor (or designee) within ten (10) university business days of receipt of the Dean’s penalty determination.  The accused student has the burden of proving that the penalty assigned by the Dean is unreasonable.  Any appeal to the Chancellor may only address the penalty assigned by the Dean and not the decision of the College Honor Council or the University Honor Court.
7. The Chancellor (or designee) generally will respond to the student with a decision within ten (10) university business days of the receipt of the request for the appeal.  A copy of the Chancellor’s (or designee’s) decision will be sent to the Office of Student Affairs and maintained in the student’s permanent record.
8. Appeals in TUAPA cases will be handled in accordance with Chapter 1720-01-05.

1720-03-01-.07  College Honor Councils. 

1. The general duties of a College Honor Council are to:

1. Conduct hearings of alleged violations of the Honor Code;
2. Keep adequate records of all hearings and transfer all case records of the case to the Office of Student Affairs; and
3. Forward findings and recommendations in Honor Code violation proceedings to the Dean of the College.

2. Each College will establish policies and procedures governing the membership of the College Honor Council, including eligibility, how members are elected and removed, how alternates are elected and removed, how vacancies are filled, and which members may vote.  Such policies and procedures described in Section .07(2) shall be published in the UTHSC student handbook.
3. The associate dean for student affairs may assist and advise any student(s) charged with an Honor Code violation.
4. The Dean of a College shall appoint one faculty advisor at each of its campuses to assist the College Honor Council.  The Dean will determine whether a faculty advisor will be permitted to attend all College Honor Council proceedings and whether the faculty advisor may vote
5. A College Honor Council may issue a letter of warning to a student in the event of multiple complaints describing suspicious behavior but no guilty verdict.  A letter of warning would warn the student his/her behavior is raising concern among classmates, staff, and faculty that the activity in question may violate the Honor Code.  If the activity or behavior continues, a formal Notice of Charge may follow.

College Honor Councils

College of Dentistry

1. Composition. The Honor Council of the College of Dentistry consists of three (3) elected representatives from each class from the DDS program and one (1) elected alternate representative from each DDS class plus one (1) elected representative and one (1) elected alternate representative from each Dental Hygiene class. The alternate representative attends all regular meetings and participates in hearings, though the alternate does not vote unless a representative from that class is absent. The alternate shall only be counted in the total number required to constitute a quorum when replacing a class representative. During the interval between the graduation of senior representatives and the installation of new freshmen representatives, the alternates function as full Council members and participate in hearings held during this period.                                                            
2. Election of Members.
   1. Each new class elects its Council members within eight (8) weeks of the first day of the beginning of classes.
   2. The Honor Council representatives may be reelected at the discretion of a class. However, it is recommended that Honor Council representatives be retained, if satisfactory, to provide continuity.
3. Vacancy. If any Council member is, for any reason, unable to sit in judicial capacity at the hearings, the respective class is represented by the elected Honor Council alternate representative, who assumes all the regular powers of a Council member. Should a regular Council member be removed from office, the vacant position is filled by the alternate member from that class and a new alternate member is elected by the class.
    
4. Faculty Advisors. Two Faculty Advisors are appointed by the Dean to assist the Council in its operation. The Faculty Advisors shall be permitted to attend all Honor Court proceedings of the Honor Council with voice but no vote.
    
5. Quorum. At least five (5) of the active voting membership of the Honor Council shall constitute a quorum. Honor Court decisions are decided by a majority vote of the Hearing Court. A quorum may be established regardless of class distribution or alternate status.
    
6. Letter of Warning. The College of Dentistry Honor Council reserves the option to issue a letter of warning to a student in the event of multiple complaints describing suspicious behavior, but without a guilty verdict. The purpose of this letter is to notify and warn a student that his/her behavior is raising concern among his/her classmates, staff and faculty that the activity in question may be in violation of the Honor Code. If the activity of behavior continues, a formal Notice of Charge may follow.
    
7. Advocacy. The Associate Dean for Student Affairs shall also be available as the student’s advocate and will assist and advise any student(s) charged with an Honor Code violation.

College of Graduate Health Sciences

1. Composition. The Honor Council of the College of Graduate Health Sciences consists of the Graduate Student Executive Council, who are voting members, and their alternates with voice but not vote. An alternate member may vote in the absence of a voting member for that department.
2. Election of Members. The members of the Honor Council are selected according to the Constitution of the Student Government Association of the UTHSC College of Graduate Health Sciences, Articles IV and V. One member of the Honor Council is elected as the Honor Council President by simple majority of the Honor Council members.
3. Vacancy. In the event of a vacancy occurring in the Honor Council, the alternate member from the department in which the vacancy occurs becomes the voting representative for that department.
4. Faculty Advisor. The Faculty Advisor is the Associate Dean for Student Affairs who may be present at hearings with voice but no vote. The advisor is an ex officio member of the Graduate Student Executive Council.
5. Quorum. Unless otherwise specified by the colleges (see addenda below), a quorum for an Honor Court Hearing must include at least five (5) members of the Honor Council.

College of Health Professions

1. Composition. The Honor Council of the College of Health Professions shall consist of at least one (1) voting representative from each class of each program. Classes with more than forty (40) students enrolled shall be represented by two (2) voting representatives. Each class in each program shall have one (1) alternate representative with voice but no vote except when serving in the absence of a voting representative from the particular class. Both voting representatives and alternate representatives shall attend regular Honor Council meetings. The Honor Council president shall preside over all regular meetings and Honor Court hearings. The executive officers (President, Vice President, Secretary and Treasurer) of each class governed by the Honor Code, and those of the Student Government Association Council, are ineligible to be members of the Honor Council.
2. Election of Members. Each class shall elect its Council representatives within four (4) weeks of the first day of the beginning of classes in the first academic term. Council members shall serve a term of one (1) academic year and may be reelected at the discretion of a class. It is recommended that Honor Council representatives be reelected, if satisfactory, to provide continuity.
3. Vacancy. In the event of a vacancy occurring in the Honor Council, the particular class in which the vacancy occurs shall elect a replacement within four (4) weeks of the vacancy. The class may, for continuity, select the alternate representative to fill a vacancy and elect a new alternate representative.
4. Faculty Advisor. There shall be two (2) faculty advisors appointed annually by the Dean of the college. The faculty advisor shall be permitted to attend all proceedings of the Honor Council with voice but no vote.
5. Quorum. At least five (5) of the currently elected and enrolled representatives available on campus, or their designated alternates, will be required to be in attendance for proceedings concerning an Honor Code violation.
6. Proctoring. Faculty may be present during student tests or examinations, in accordance with the Honor Code of UTHSC.

College of Medicine

1. Composition. The Honor Council of the College of Medicine consists of four (4) elected representatives from each class and one (1) elected alternate representative from each class. The alternate representative attends all regular meetings and participates in hearings in the absence of a representative from that class or if needed in order to constitute a quorum of the Honor Council for a hearing. During the interval between the graduation of senior representatives and the installation of new freshmen representatives, all alternates function as full Council members and participate in hearings held during this period.
    
2. Election of Members.
   1. Each new class elects its Council members during their first term on campus.
   2. The Honor Council representatives may be reelected at the discretion of a class. However, it is recommended that Honor Council representatives be retained, if satisfactory, to provide continuity.
3. Vacancy. If any Council member is, for any reason, unable to sit in judicial capacity at the hearings, the respective class is represented by the elected Honor Council alternate representative, who assumes all the regular powers of a Council member. Should a regular Council member be removed from office, the vacant position is filled by the alternate member from that class and a new alternate member is elected by the class.
    
4. Faculty Advisor. The faculty advisor is appointed by the Dean or designee (usually the Associate Dean for Student Affairs) to assist the Council in its operation, but shall not be present during Council hearings.
    
5. Quorum. At least five (5) of the active voting membership of the Honor Council shall constitute a quorum. Honor Court decisions are decided by a majority vote of the Hearing Court. A quorum may be established regardless of class distribution or alternate status.
    
6. Letter of Warning. The College of Medicine Honor Council reserves the option to issue a letter of warning to a student in the event of multiple complaints describing suspicious behavior, but without a guilty verdict. The purpose of this letter is to notify and warn a student that his/her behavior is raising concern among his/her classmates that the activity in question may be in violation of the Honor Code. If the activity of behavior continues, a formal Notice of Charge may follow.

College of Nursing

1. Composition.The Honor Council of the College of Nursing consists of a chairperson and minimum of three (3) representatives from each of the degree program. The Honor Council chairperson presides over all regular meetings and over Honor Council hearings. Program representatives will serve as members of the hearing panel.
2. Election of Members. The Honor Council president must be a full-time CON student and is appointed by the president of the College of Nursing SGA. Program representatives are elected by each class during the fall election period.
3. Vacancy. In the event of a vacancy occurring in the Honor Council, a class election is held within four (4) weeks of the vacancy to elect a new representative. In the event of a vacancy of the Honor Council president, a new president is appointed by the president of the College of Nursing SGA.  
4. Faculty Advisor. Associate Dean for Academic Affairs shall be the College of Nursing Honor Council faculty advisor. The faculty advisor shall be permitted to attend all proceedings of the Honor Council with voice but not vote.
5. Quorum. At least five (5) of the active voting membership of the Honor Council shall constitute a quorum. Honor Court decisions are decided by a majority vote of the Hearing Court. A quorum may be established regardless of a class distribution or alternate status.

College of Pharmacy

1. Composition. The Honor Council of the College of Pharmacy consists of elected representatives from each class and campus governed by the Honor Code. The voting members and alternate (voice, but not vote) members will be distributed between the classes and campuses in the following manner:

The executive officers (president, vice president, secretary and treasurer) of each class governed by the Honor Code, and those of the SGA Council, are ineligible to be members of the Honor Council.

2. Election of Members. The first-year class elects its council members within six (6) weeks of the first day of the beginning of classes in the first academic term. At the end of the P1 Spring semester, the P1 class members who will stay in Memphis for the remainder of their training will elect two honor council members, determined by the two students with the highest number of votes in the election. The elected students will serve as members during their P2-P4 years.  In a similar fashion, P1 students assigned to attend the Nashville campusfor the remainder of their training will elect one student at the end of the P1 spring semester to serve as a member during their P2-P4 years. The same procedure will be followed to determine the student elected to serve as the honor council member in Knoxville for their P2-P4 years.  Honor Council representatives who serve as P1s may be reelected at the discretion of a class, but only at the reelection times specified above and only by majority vote.  It is recommended that Honor Council representatives be reelected, if satisfactory, to provide continuity.
3. Vacancy. For a vacancy occurring in the Honor Council, nominations are taken and an election is held by the appropriate class and campus to fill the position.  These elections may occur by an online voting procedure if necessary.
4. Faculty Advisor. One (1) faculty advisor from, with voice but not vote, is not present at hearings unless at the request of the Honor Council. The faculty advisor is selected each year by the Dean of the college. The advisor must be satisfactory to both the Dean and the student body.
5. Quorum. There are 16 honor council members in the College of Pharmacy.  At least 51% of the members of the Honor Council shall constitute a quorum. Honor Council decisions are decided by a majority vote of the Honor Council.

Sample Letter, Notification of Charge

Notification of Charge Letter  

Student Status During Academic Appeals within a College

View the policy here.