RULES
OF
THE UNIVERSITY OF TENNESSEE
(KNOXVILLE)
CHAPTER 1720-04-03
STUDENT CODE OF CONDUCT
1720-04-03-.01 INTRODUCTION.
(1)

Students at the University of Tennessee 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 as well as in compliance with University rules and policies. In addition,
the University has developed a set of aspirational goals titled, Principles of Civility
and Community, which encourages all members of the University community to
foster a learning environment where diversity is valued, respected, and
celebrated.

(2)

The University has established the Student Code of Conduct in order to advance
the mission of the University and sustain a culture of excellence by: maintaining
a safe learning environment; requiring students to conduct themselves in ways
that allow for their personal growth and development as well as others, in the
most positive manner possible; 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 the University’s 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 lawabiding citizen.

(3)

Students who engage in conduct that is inconsistent with the University’s
behavioral standards set forth in the Code’s Standards of Conduct are subject to
University disciplinary action. The process by which the University investigates
and resolves potential violations of the Standards of Conduct is called the
student conduct process. The student conduct process resolves allegations of
misconduct but also is an educational process designed to promote learning and
development as it relates to appropriate decision making. The student conduct
process is consistent, fair, and provides means of resolution that are
commensurate with the skills and abilities of the participants in the process.

(4)

Authority and responsibility relating to the Code have been delegated to the Vice
Chancellor for Student Life, who has delegated certain authority and
responsibility to the Office of Student Conduct and Community Standards.

 (5)

The University is committed to respecting students’ constitutional rights.
Nothing in the Code is intended or shall be interpreted to restrict students’
constitutional rights.

(6)

Students are responsible for being fully acquainted with and for complying with
the Code, the applicable undergraduate or graduate catalog, the student
handbook (Hilltopics), and other rules and policies relating to students.

1720-04-03-.02 JURISDICTION; RELATIONSHIP BETWEEN THE CODE AND CRIMINAL
LAW; WITHDRAWALS; EXTENSIONS OF TIME; SEXUAL MISCONDUCT,
RELATIONSHIP VIOLENCE, AND STALKING; VOLUNTARY IMPAIRMENT.
(1)

JURISDICTION.
(a)

Geographical Limits.
1.

The Code applies to conduct that occurs on University-controlled
property.

2.

With respect to conduct that occurs off of University-controlled
property, the University has the discretionunder the Code to
discipline a student for conduct that violates the Standards of
Conduct if the student’s conduct adversely affects the interests of
the University, including, but not limited to, conduct that:
(i)

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;

(ii)

involves another member of the University community; or

(iii)

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 misconduct, relationship violence,
stalking, and theft.

(b)

Professional and Ethical Standards. Graduate or professional programs
within the University may take separate and independent action against
students for alleged violations of professional and/or ethical standards
using procedures other than those contained in the Code.

(c)

Responsibility for Conduct. Each student is responsible for his/her
conduct from the date of application for admission to the University
through the date the University awards the student a degree, even if the
2 

 conduct occurs before classes begin or after classes end, during the
academic year, during periods between terms of actual enrollment,
and/or is not discovered by the University until after a degree is
awarded.
(2)

RELATIONSHIP BETWEEN THE CODE AND CRIMINAL LAW.
(a)

Independent Action. The Code has been adopted in furtherance of the
University’s interests and serves to supplement, rather than substitute
for, the enforcement of civil and criminal law. Accordingly, University
disciplinary action may be instituted against a student charged with
conduct that potentially violates both criminal law and the Standards of
Conduct without regard to the pending status of criminal charges or civil
litigation. At the discretion of the Director of the Office of Student
Conduct, disciplinary action relating to a violation of the Standards of
Conduct may be carried out prior to, simultaneously with, or following
criminal proceedings. Students alleged to have violated the Standards of
Conduct may not challenge any aspect of the University’s student
conduct process 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 have not yet been
adjudicated.

(b)

University’s Interaction with Other Entities. When a student is charged
by federal, state, or local authorities with a violation of law, the
University will not request or agree to special consideration for that
individual because of his/her status as a student. The University will
cooperate with law enforcement and other agencies in the enforcement of
criminal law on University-controlled property and in the conditions
imposed by criminal courts for the rehabilitation of students who have
violated the criminal law.

(3)

WITHDRAWALS. If a Respondent voluntarily withdraws from the University
before the conclusion of the student conduct process, Student Conduct retains
the right to investigate and resolve the allegations made against the Respondent
prior to the Respondent re-enrolling in the University. A disciplinary hold may
remain in place after the student withdraws in order to enforce this Section
.02(3).

(4)

TIME EXTENSIONS AND RESCHEDULING. Any time period described in the Code
may be extended for good cause, at the discretion of the Director of Student
Conduct. Any meeting or hearing described in the Code may be rescheduled for
good cause, at the discretion of the Director of Student Conduct.

(5)

VOLUNTARY IMPAIRMENT. A student’s voluntary impairment to themselves
resulting from the use and/or consumption of alcohol, drugs, chemicals, and/or
other substances does not excuse or diminish a violation of the Code.
3 

 (6)

OTHER RIGHTS – SEXUAL MISCONDUCT, RELATIONSHIP VIOLENCE, OR STALKING. In
addition to rights granted in the Code, in cases involving an allegation of sexual
misconduct, relationship violence, or stalking, the Complainant and the
Respondent shall have the rights outlined in the University’s policies and
procedures for investigating and resolving complaints of sexual misconduct,
relationship violence, or stalking 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.

1720-04-03-.03 HONOR STATEMENT.
(1)

(2)

HONOR STATEMENT.
(a)

Honor Statement. An essential feature of the University is a commitment
to maintaining an atmosphere of intellectual integrity and academic
honesty. As such the University utilizes an Honor Statement that reads,
“As a student of the University, I pledge that I will neither knowingly give nor
receive any inappropriate assistance in academic work, thus affirming my own
personal commitment to honor and integrity.”

(b)

Informing Students and Faculty. The following methods will be used to
inform students and faculty members about the Honor Statement:
1.

The Honor Statement appears on undergraduate and graduate
applications for admission, and applicants will be required to
acknowledge his/her affirmation of the Honor Statement in
writing;

2.

Information regarding the Honor Statement is included in the
undergraduate and graduate catalogs, Hilltopics;

3.

The Honor Statement is discussed during student orientation
programs;

4.

Faculty members are encouraged to discuss the Honor Statement
with students in entry-level English courses;

5.

Implementation methods and alternatives are discussed during
faculty orientation programs; and

6.

The Honor Statement is enforced through the Standards of
Conduct (Section .04(1) (cheating, plagiarism, and other acts of
academic dishonesty)) and the student conduct process.

CONDUCT PROHIBITED BY THE HONOR STATEMENT.

4 

 (a)

Academic Dishonesty. The Honor Statement prohibits
plagiarism, and any other type of academic dishonesty.

(b)

Plagiarism. Plagiarism is using the intellectual property or product of
someone else without giving proper credit. The undocumented use of
someone else’s words or ideas in any medium of communication (unless
such information is recognized as common knowledge) is a serious
offense, subject to disciplinary action that may include failure in a course
and/or dismissal from the University. Specific examples of plagiarism
include, but are not limited to:

(c)

cheating,

1.

Using without proper documentation (quotation marks and
citation) written or spoken words, phrases, or sentences from any
source;

2.

Summarizing without proper documentation (usually a citation)
ideas from another source (unless such information is recognized
as common knowledge);

3.

Borrowing facts, statistics, graphs, pictorial representations, or
phrases without acknowledging the source (unless such
information is recognized as common knowledge);

4.

Collaborating on a graded assignment without the instructor’s
approval; and

5.

Submitting work, either in whole or partially created by a
professional service or used without attribution (e.g., paper,
speech, bibliography, or photograph).

Examples of Other Types of Academic Dishonesty. Specific examples of
other types of academic dishonesty include, but are not limited to:
1.

Providing or receiving unauthorized information during an
examination or academic assignment, or the possession and/or
use of unauthorized materials during an examination or academic
assignment;

2.

Providing or receiving unauthorized assistance in connection with
laboratory work, field work, scholarship, or another academic
assignment;

3.

Falsifying, fabricating, or misrepresenting data, laboratory results,
research results, citations, or other information in connection with
an academic assignment;

5 

 (3)

4.

Serving as, or enlisting the assistance of, a substitute for a student
in the taking of an examination or the performance of an academic
assignment;

5.

Altering grades, answers, or marks in an effort to change the
earned grade or credit;

6.

Submitting without authorization the same assignment for credit
in more than one course;

7.

Forging the signature of another or allowing forgery by another
on any class or University-related document such as a class roll or
drop/add sheet;

8.

Failing to observe the expressed procedures or instructions
relating to an exam or academic assignment; and

9.

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.

RESPONSIBILITIES ASSOCIATED WITH THE HONOR STATEMENT.
(a)

Honor Statement Responsibilities. All members of the University
community have responsibilities associated with the Honor Statement.
These responsibilities are unique to each sector of the University
community. The responsibilities of students and instructors are described
in Section .03(3)(b)-(c).

(b)

Student Responsibilities. Each student is responsible for his/her own
personal integrity in academic life. Each student is responsible for
knowing and adhering to the terms and conditions of the Honor
Statement and may acknowledge his/her adherence to the Honor
Statement by writing, “Pledged,” and signing on a graded class
assignment or examination. Although there is no affirmative duty to
report the academic dishonesty of another, each student, given the
dictates of his/her own conscience, may choose to report any violation of
the Honor Statement to a faculty member or to Student Conduct.

(c)

Instructor Responsibilities. The prevention of academic dishonesty, and
the response to academic dishonesty, is the immediate responsibility of
the instructor. However, students are not excused from complying with
the Honor Statement because of an instructor’s failure to prevent or
discourage academic dishonesty.

1720-04-03-.04 STANDARDS OF CONDUCT. Students are prohibited from engaging in the
following types of misconduct:
6 

 (1)

Cheating, plagiarism, or any other act of academic dishonesty, is including, but
not limited to, an act in violation of the Honor Statement.

(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, whether in print or electronic form.

(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, and/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, is 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” is defined as any intentional or reckless act, on
or off University-controlled property, by one (1) student, acting alone or with
7 

 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 his or her 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, including, without limitation,
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 email 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 Universityaffiliated activity, unless authorized in writing by the Chief of Police or his/her
designee.

8 

 (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 on
University-controlled property. 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.

9 

 (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.

1720-04-03-.05 STUDENT CONDUCT PROCESS.
(1)

RECEIPT, REVIEW, AND INVESTIGATION OF ALLEGATIONS; FAIRNESS AND
IMPARTIALITY.
(a)

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

(b)

Investigation.
1.

Student Conduct may investigate the allegations against the
Respondent by interviewing witnesses and obtaining other
information. Student Conduct is not obligated to interview a
witness identified by the Respondent or the Complainant if
Student Conduct believes the witness is not likely to possess
relevant information or is not likely to lead Student Conduct to
the discovery of relevant information. Student Conduct may reinterview the Complainant, the Respondent, and/or any other
person at any time during the investigation in order to obtain
additional and/or clarifying information. Investigations
conducted by Student Conduct will be prompt, thorough, and
equitable.

10 

 (c)

(2)

2.

In conducting an investigation, Student Conduct acts as a fair and
impartial party rather than a representative of the person, office,
unit, organization, or entity that submitted the allegations to
Student Conduct.

3.

Parts of Student Conduct’s investigation may occur before,
during, and/or after the Educational Conference and/or any
other part of the student conduct process.

4.

At the conclusion of its investigation, Student Conduct may
prepare a written report of the findings of the investigation. The
report may include an assessment of the credibility of persons
interviewed during the investigation and an assessment of
whether it is more likely than not that the Respondent violated the
Standards of Conduct.

Fairness and Impartiality. A University employee shall not act on behalf
of Student Conduct in the student conduct process in any case in which:
1.

the employee is a Complainant or a witness;

2.

the employee has a personal interest, prejudice, or bias; or

3.

the employee determines, for any other reason, that he/she cannot
be fair or impartial.

INTERIM STUDENT CONDUCT MEASURES.
(a)

No-Contact Directive.
(a)

In cases involving allegations of assault, injury, sexual
misconduct, relationship violence, stalking, or in other cases
where there is reason to believe continued contact between a
student and specific persons may interfere with those persons’
security, safety or ability to participate effectively in work or
studies, Student Conduct may issue a written instruction to a
student, called a no-contact directive, that prohibits a student
from having verbal, physical, written, and/or electronic contact
with specific other persons for a definite or indefinite period of
time. A no-contact directive also may prohibit a student from
being present on designated University-controlled property.

(b)

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.

11 

 (b)

Disciplinary Hold. After Student Conduct receives allegations of
misconduct, the Respondent’s academic record (including the release of
the Respondent’s official or unofficial transcript), degree, ability to
register for classes, and/or ability to re-enroll may be placed on
disciplinary hold by Student Conduct or by another appropriate
University office at the request of Student Conduct. The disciplinary hold
may remain in place until the completion of the student conduct process
or until the Respondent satisfies the terms and conditions of all sanctions
that a student has received, whichever occurs later. In addition, the
disciplinary hold may remain in place after a student withdraws during
the student conduct process, as described in Section .02(3) (the section
titled, “Withdrawals”). No diploma shall be given and no grades,
academic credit, or degree shall be awarded to a student who has been
placed on disciplinary hold.

(c)

Coursework. Coursework performed during the student conduct process
shall be considered conditional. Credit for such coursework may be
affected, delayed, denied, and/or revoked based on a final finding of
misconduct and/or a sanction imposed under the Code. In addition,
subject to the other provisions of the Code, a delay in the granting of a
degree may be imposed and/or a degree that was awarded prior to a
final decision under the Code may be revoked.

(d)

Interim Suspension.
1.

When the Vice Chancellor for Student Life has reasonable cause to
believe that a Respondent’s continued presence on Universitycontrolled property or at University-affiliated activities poses a
significant risk of substantial harm to the health, safety, or welfare
of others or to property or poses an ongoing threat to the
disruption of, or interference with, the normal operations of the
University, the Vice Chancellor for Student Life 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 notice to the
Respondent that explains the basis for the interim suspension and
shall remain in effect until the conclusion of the student conduct
process, which should be completed without undue delay.

3.

Within three (3) days of the imposition of the suspension, the
Respondent shall be offered an opportunity to appear personally
before the Vice Chancellor for Student Life in order to discuss the
following issues only: (i) the reliability of the information
concerning the Respondent’s conduct; and (ii) whether the
conduct and surrounding circumstances reasonably indicate that
the Respondent’s continued presence on University-controlled
12 

 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.

(3)

4.

During an interim suspension, the Respondent may, at the
discretion of the Vice Chancellor for Student Life, be denied access
to University-controlled property, including residence halls, and
all other University-affiliated activities (including academic work)
or privileges for which the Respondent might otherwise be
eligible. A Respondent that 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 Vice
Chancellor for Student Life.

5.

When a student is placed on interim suspension, the Respondent
may be assigned a grade of “W” or “I,” whichever is deemed
appropriate by the faculty member involved.

EDUCATIONAL CONFERENCE.
(a)

Notice of Educational Conference. A Notice of Educational Conference is
a written notice through which Student Conduct notifies the Respondent
that Student Conduct has received allegations that the Respondent has
engaged in misconduct; instructs the Respondent to attend or schedule an
Educational Conference; and provides the Respondent with other
information about the student conduct process. A Notice of Educational
Conference generally will include the following information:
1.

A notification that Student Conduct has begun an investigation of
allegations Student Conduct received concerning the
Respondent’s conduct;

2.

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

3.

A brief description of the Respondent’s alleged conduct;

4.

A preliminary list of potential violations of the Standards of
Conduct, based on the Respondent’s alleged conduct;

5.

A notification of the Respondent’s right to be assisted and/or
supported by an Advisor throughout the student conduct process,
in accordance with Section .05(8) (the section titled, “Right to an
Advisor”);
13 

 (b)

6.

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

7.

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

8.

A notification of the consequences of failing to comply with
Student Conduct’s instruction to attend or schedule an
Educational Conference.

Scope of the Educational Conference. The Educational Conference is a
meeting between Student Conduct and the Respondent in which the
following generally occurs:
1.

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

2.

Student Conduct provides the Respondent with an opportunity to
ask questions about and respond to the allegations, including an
opportunity to present additional information to Student Conduct
concerning the allegations and identify witnesses whom the
Respondent believes Student Conduct should interview to obtain
additional information.

3.

Student Conduct provides the Respondent with the opportunity
to resolve the allegations by signing a Resolution Agreement.

4.

If the Respondent elects not to sign a Resolution Agreement, then,
after considering the information provided by the Respondent,
Student Conduct determines whether it is more likely than not
that the Respondent violated the Standards of Conduct.

5.

If the Student Conduct determines that it is more likely than not
that the Respondent violated the Standards of Conduct, then
Student Conduct provides the Respondent with a Notice of
Allegations. A Notice of Allegations is a written notice that
informs the Respondent that Student Conduct has concluded that
it is more likely than not that the Respondent violated the
Standards of Conduct. A Notice of Allegations generally includes
the following information:
14 

 (i)

A brief summary of the facts of Respondent’s alleged
misconduct;

(ii)

A notification that Student Conduct has determined that it
is more likely than not that Respondent violated the
Standards of Conduct;

(iii)

A notification of the specific Standard(s) of Conduct that
Student Conduct has determined the Respondent more
likely than not violated;

(iv)

The Respondent’s option(s) to elect a Formal Hearing to
contest Student Conduct’s determination of responsibility
for misconduct and/or the sanction(s); and

(v)

The names of witnesses likely to present information
concerning the alleged misconduct if the Respondent elects
to contest the allegations through a Formal Hearing.

Student Conduct has the discretion to provide the Notice of
Allegations to the Respondent during or after the Educational
Conference.
6.

If Student Conduct determines that it is not more likely than not
that the Respondent violated the Standards of Conduct, then
Student Conduct concludes the student conduct process.

7.

During the Educational Conference, both Student Conduct and
the Respondent may ask questions to each other and seek
clarifying information about the allegations, the proposed
sanction(s), and the student conduct process.

8.

Based on information provided by the Respondent during the
Educational Conference, Student Conduct may temporarily
suspend the Educational Conference and defer a final
determination of whether it is more likely than not that the
Respondent violated the Standards of Conduct in order to gather
additional information.

9.

In order to allow the Respondent additional time in which to
consider how the Respondent wants to resolve the allegations,
Student Conduct may conclude the Educational Conference and
allow the Respondent five (5) business days in which to
communicate electronically with Student Conduct concerning
how the Respondent elects to resolve the allegations (e.g.,
Resolution Agreement or a Formal Hearing).
15 

 (c)

(4)

Consequences of Failing to Attend or Schedule an Educational
Conference. The Respondent waives all rights to a Formal Hearing, and
Student Conduct has the discretion to deem the Respondent to have
accepted Student Conduct’s determination of responsibility for
misconduct and may impose appropriate sanction(s) for the misconduct,
if the Respondent fails to attend or schedule an Educational Conference
after Student Conduct has sent the Respondent a Notice of Educational
Conference, unless the Respondent’s absence is excused by Student
Conduct for good cause. Student Conduct also may determine that the
Respondent’s failure to attend the Educational Conference constitutes a
separate violation of the Standards of Conduct.

RESOLUTION BY AGREEMENT.
(a)

Purpose of a Resolution Agreement. At any time during the student
conduct process, a Respondent may resolve allegations of misconduct by
signing a Resolution Agreement.

(b)

Effects of a Resolution Agreement. By signing a Resolution Agreement,
the Respondent:
1.

Accepts responsibility for violating the Standards of Conduct, as
alleged by Student Conduct;

2.

Agrees to the imposition of the sanction(s) proposed by Student
Conduct; and

3.

Waives any and all rights the Respondent may have to resolve the
allegations against him/her through a Formal Hearing.

(c)

Revocation or Appeal of a Resolution Agreement. The Respondent may
not revoke or appeal a Resolution Agreement signed by the Respondent.

(d)

Resolution Agreement - Sexual Misconduct. In a case involving sexual
misconduct, after Student Conduct receives a Resolution Agreement
signed by the Respondent, Student Conduct will inform the Complainant
about the proposed Resolution Agreement and provide the Complainant
with the opportunity to object to the sanction proposed by Student
Conduct in the Resolution Agreement. A Complainant must inform
Student Conduct of his/her objection within three (3) business days from
the date that Student Conduct informs the Complainant about the
proposed Resolution Agreement. If the Complainant timely informs
Student Conduct of his/her objection, then Student Conduct may address
the Complainant’s objection by modifying the sanction in a way that is
agreeable to both the Respondent and the Complainant and having the
Respondent sign the modified Resolution Agreement.
Otherwise,
16 

 Student Conduct will continue the student conduct process and resolve
the allegations against the Respondent in accordance with the Code.
Nothing in this Section .05(4) shall be construed to permit Student
Conduct to conduct an alternative resolution process (e.g., mediation) in a
case involving allegations of sexual misconduct.
(e)

(5)

Resolution Agreement – Academic Dishonesty. In order to resolve an
allegation that the Respondent violated Section .04(1) (prohibiting
cheating, plagiarism, or other act of academic dishonesty) through a
Resolution Agreement, the Respondent shall agree to the imposition of
the instructor’s academic penalty in addition to agreeing to the other
requirements contained in Section .05(4)(b).

RESOLUTION BY FORMAL HEARING.
(a)

Types of Formal Hearings. A Formal Hearing is a process prescribed in
the Code through which a Respondent has a right to contest allegations of
misconduct and/or the sanctions proposed by Student Conduct by
presenting information, including witnesses, to a decision maker other
than the University employee(s) who conducted the investigation and/or
Educational Conference. The Code provides for three types of Formal
Hearings: a hearing before a Student Life Hearing Officer; a SCB Hearing;
and a contested case hearing under the Uniform Administrative
Procedures Act (UAPA). Whether the Respondent has the right to request
a particular type of Formal Hearing depends on the gravity of the
disciplinary sanctions that have been proposed by Student Conduct.

(b)

Rights to a Formal Hearing.
1.

2.

If the sanctions proposed by Student Conduct include one (1) or
more of the disciplinary sanctions identified in Section .05(5)(c),
then the Respondent has a right to elect one of the following
Formal Hearing options:
(i)

Hearing before a Student Life Hearing Officer;

(ii)

Hearing before the Student Conduct Board (“SCB
Hearing”); and

(iii)

UAPA Hearing.

If the sanctions proposed by Student Conduct do not include any
of disciplinary sanctions identified in Section .05(5)(c), then the
Respondent’s right to elect a Formal Hearing is limited to the
election of a Formal Hearing before a Student Life Hearing
Officer.

17 

 (c)

Proposed Sanctions that Create a Right to a SCB Hearing or a UAPA
Hearing. A Respondent has the right to resolve allegations of misconduct
and/or the proposed sanctions through a SCB Hearing or a UAPA
Hearing only when Student Conduct proposes one (1) or more of the
following sanctions:
1.

Deferred Suspension;

2.

Suspension;

3.

Expulsion;

4.

University Housing Removal;

5.

Withholding of Degree;

6.

Revocation of Degree; or

7.

Revocation or Suspension of University Registration.

(d)

How to Request a Formal Hearing. A Formal Hearing may be requested
by the Respondent only in writing using the form(s) approved by Student
Conduct. Orally requesting a Formal Hearing shall not constitute a valid
request for a Formal Hearing.

(e)

Hearing before a Student Life Hearing Officer.
1.

A Student Life Hearing Officer is a University employee
designated by the Director of Student Conduct to conduct a
Formal Hearing consistently with the procedures outlined in the
Code for SCB Hearings, except as provided in Section .05(5)(e)(2)(3).

2.

In conducting a Formal Hearing, a Student Life Hearing Officer
has the same authority of the Chairperson of the SCB except that
unlike the Chairperson of the SCB, but like the voting members of
the SCB, the Student Life Hearing Officer is the decision maker
concerning whether the Respondent violated the Standards of
Conduct, and, if so, what sanction(s) to impose.

3.

The decision of a Student Life Hearing Officer may be appealed to
the Appellate Board using procedures consistent with the
procedures outlined in the Code for appeals of decisions of the
SCB.

18 

 (f)

(g)

(6)

UAPA Hearing. The following rules apply only when the sanctions
proposed by Student Conduct include one (1) or more of the disciplinary
sanctions identified in Section .05(5)(c):
1.

When the Respondent requests a Formal Hearing, the University
will conduct the Formal Hearing in accordance with the
University’s procedures for conducting contested case
proceedings under the Tennessee Uniform Administrative
Procedures Act, Chapter 1720-01-05, unless the Respondent
executes a written waiver of the right to a UAPA Hearing.

2.

If the Respondent does not execute a written waiver of the right to
a UAPA Hearing within ten (10) business days after the time of
the Respondent’s request for a Formal Hearing, if any, then the
Respondent waives the right to a SCB Hearing and a hearing
before a Student Life Hearing Officer.

Consequences of Failing to Elect a Formal Hearing. The Respondent
waives all rights to a Formal Hearing, and Student Conduct has the
discretion to deem the Respondent to have accepted Student Conduct’s
determination of responsibility for misconduct and may impose
sanction(s) deemed appropriate by Student Conduct, if the Respondent
fails to elect a Formal Hearing within five (5) business days of Student
Conduct sending or otherwise delivering a Notice of Allegations to the
Respondent, unless Student Conduct extends the time for the Respondent
to request a Formal Hearing for good cause. If Student Conduct extends
the time for the Respondent to request a Formal Hearing and the
Respondent fails to elect a Formal Hearing within the additional time
granted by Student Conduct, then the Respondent waives all rights to a
Formal Hearing, and Student Conduct has the discretion to deem the
Respondent to have accepted Student Conduct’s determination of
responsibility for misconduct and may impose sanction(s) deemed
appropriate by Student Conduct.

ALTERNATIVE RESOLUTION PROCESS.
(a)

Proposal of an Alternative Resolution Process. At any time during the
student conduct process, Student Conduct may propose to the
Respondent and the Complainant that they attempt to resolve the
allegations against the Respondent through an alternative resolution
process. Before proposing that the allegations be resolved through an
alternative resolution process, Student Conduct shall determine whether
an alternative resolution process would be an appropriate method of
resolution based on the facts and circumstances of the case, and, if so,
what type of alternative resolution process should be used. Examples of
alternative resolution processes that may be proposed by Student

19 

 Conduct include mediation, facilitated dialogue, conflict coaching, and
restorative justice.
(b)

(7)

Unavailability of an Alternative Resolution Process. Student Conduct
shall not use an alternative resolution process to resolve allegations
against a Respondent:
(a)

In a case in which the Complainant and the Respondent have not
mutually agreed, in writing, to the alternative resolution process;
or

(b)

In a case involving allegations of sexual misconduct.

(c)

Alternative Resolution Agreement. An Alternative Resolution Agreement
is a written agreement that confirms an agreement reached during an
alternative resolution process to resolve the allegations against the
Respondent. To be valid, an Alternative Resolution Agreement shall be
signed by both the Respondent and the Complainant and shall include a
waiver of the Respondent’s right, if any, to have a Formal Hearing on the
allegations. Neither the Respondent nor the Complainant may revoke or
appeal an Alternative Resolution Agreement.

(d)

Voluntary Process. An alternative resolution process is a voluntary
process that may or may not result in an Alternative Resolution
Agreement. If an Alternative Resolution Agreement is not reached, then
the student conduct process will proceed, and the allegations against the
Respondent will be resolved through one of the other resolution methods
in the Code.

CONCLUSION OF THE STUDENT CONDUCT PROCESS.
(a)

Student Conduct Determination of No Violation. If Student Conduct
determines that it is not more likely than not that the Respondent violated
the Standards of Conduct, then Student Conduct shall conclude the
student conduct process and inform the Respondent of Student
Conduct’s determination. If permitted or required by law, Student
Conduct alsonform the Complainant of the conclusion of the student
conduct process. A Complainant who is informed by Student Conduct of
the termination of the student conduct process may appeal the decision to
the Director of Student Conduct, in writing, within five (5) business days
of the date that Student Conduct transmitted the information to the
Complainant about the conclusion of the student conduct process. The
decision of the Director of Student Conduct is final and may not be
appealed.

(b)

Events that Conclude the Student Conduct Process. The student conduct
process concludes on the date of the last to occur of the following events:
20 

 1.

No Action Determination. Student Conduct makes a final
determination at any point in the process that no action will be
taken (e.g., Student Conduct determines that it is not more likely
than not that the Respondent violated the Standards of Conduct; a
Complainant declines to participate in the student conduct
process, and Student Conduct does not have sufficient
information or witnesses to move forward with the student
conduct process); however, Student Conduct may reinitiate the
student conduct process upon receipt of new information;

2.

Failure to Attend or Schedule an Educational Conference. Student
Conduct has issued a Notice of Educational Conference; the
Respondent either fails to attend an Educational Conference or
fails to comply with Student Conduct’s instruction to contact
Student Conduct to schedule an Educational Conference within
the time frame designated in the Notice of Inquiry; and Student
Conduct does not exercise its discretion to excuse the
Respondent’s failure for good cause;

3.

Failure to Request a Formal Hearing after Notice of Allegations.
The Respondent fails to elect a Formal Hearing within five (5)
business days of Student Conduct sending or delivering a Notice
of Allegations to the Respondent, and Student Conduct does not
exercise its discretion to excuse the Respondent’s failure for good
cause;

4.

Resolution Agreement. A Resolution Agreement is signed by the
Respondent (and, in cases of sexual misconduct, the Complainant
does not object to the sanction);

5.

Alternative Resolution Agreement. An alternative resolution
process concludes with an Alternative Resolution Agreement, in
accordance with Section .05(6);

6.

Notice of Decision of a Student Life Hearing Officer. A Student
Life Hearing Officer has issued a Notice of Decision;

7.

Notice of Decision of a Student Conduct Board – No Valid
Appeal. A Student Conduct Board has issued a Notice of Decision
and neither the Respondent nor the Complainant has submitted a
valid Notice of Appeal under Section .06(6) (the section titled,
“Appealing Decisions of the Student Conduct Board”);

8.

Notice of Final Decision. The Appellate Board has issued a Notice
of Final Decision;

21 

 (c)

(8)

9.

UAPA. A Formal Hearing has concluded under the University’s
rules for conducting contested case proceedings under the
Tennessee Uniform Administrative Procedures Act, Chapter 172001-05; or

10.

Expiration and Satisfaction of All Sanctions. Student Conduct
determines that the time periods for all sanctions given to the
Respondent have expired (except for the sanction of expulsion,
which does not expire), and the Respondent has satisfied all other
terms and conditions of all sanctions that the Respondent
received.

Written Notice about the Conclusion of the Student Conduct Process.
Student Conduct generally will provide the Respondent with written
notice about the conclusion of the student conduct process. If permitted
or required by law, if Student Conduct has provided the Respondent of
written notice about the conclusion of the Student Conduct Process, then
Student Conduct also shall provide the Complainant with written notice
about the conclusion of the student conduct process.

RIGHT TO AN ADVISOR. The Complainant and the Respondent may choose to be
assisted by one (1) Advisor during any and all stages of the student conduct
process.
(a)

Student Conduct encourages a Complainant or a Respondent who
chooses to be assisted by an Advisor to consider selecting a University
employee who has received training from Student Conduct about the
student conduct process. The Complainant and the Respondent may
obtain the names of trained advisors from Student Conduct. At their own
expense, the Complainant and the Respondent may choose a person who
is not employed by the University to serve as an Advisor (e.g., friend,
attorney). The Complainant and the Respondent should select as an
Advisor a person whose schedule allows attendance at the scheduled
date, time, and place for meetings and hearings scheduled by Student
Conduct because meeting and hearing delays generally will not be
granted due to the scheduling conflicts of an Advisor.

(b)

The role of an Advisor is limited to assisting and/or supporting a
Complainant or Respondent during the student conduct process. An
Advisor is not permitted to speak for or on behalf of a Complainant or
Respondent, appear in lieu of a Complainant or Respondent, participate
as a witness, or participate directly in any other manner during any phase
of the student conduct process, including without limitation a SCB
Hearing. However, in a UAPA Hearing, the Complainant and the
Respondent are entitled to have an attorney advocate on their behalf.

22 

 1720-04-03-.06 STUDENT CONDUCT BOARD HEARINGS.
(1)

NOTICE OF FORMAL HEARING.
(a)

When a Notice of Formal Hearing is Sent. If the Respondent requests a
SCB Hearing in accordance with Section .05(5)(d) (the section titled,
“How to Request a Formal Hearing”), Student Conduct will send the
Respondent and the Complainant a Notice of Formal Hearing at least
seven (7) business days in advance of the date of the hearing.

(b)

Information in the Notice of Formal Hearing. The Notice of Formal
Hearing generally will contain, or be accompanied by, the following
information:
1.

The date, time, and place of the SCB Hearing (the Director of
Student Conduct may reschedule the SCB Hearing for good cause
and issue a revised Notice of Formal Hearing that contains a new
date, time, and place of the SCB Hearing);

2.

A copy of the Notice of Allegations;

3.

The sanction(s) that the Conduct Officer will request the SCB
impose on the Respondent;

4.

The names of all witnesses through whom the Conduct Officer is
likely to present information during the SCB Hearing;

5.

A notice of the right to the assistance and/or support of an
Advisor during the SCB Hearing; and

6.

A description of all tangible or electronic information that the
Conduct Officer is likely to present to the SCB, such as an
investigative report, police report, incident report, witness
statements, video or audio recordings, photographs, text
messages, or phone records.

(c)

More than One Respondent. In cases involving more than one (1)
Respondent, SCB Hearings concerning each Respondent’s conduct may
be conducted separately in the discretion of the Director of Student
Conduct.

(d)

Consequences of Failing to Attend a Formal Hearing. If the Respondent
fails to attend a Formal Hearing, then the Respondent waives any and all
rights to a SCB Hearing. The SCB may: proceed with the Formal Hearing
without the Respondent’s participation; hold the Respondent accountable
for all decisions made in the Respondent’s absence, including without
limitation decisions concerning responsibility for alleged violations of the
23 

 Standards of Conduct; and may determine that the Respondent’s failure
to attend the hearing constitutes a separate violation of the Standards of
Conduct. If the SCB determines, in the Respondent’s absence, that it is
more likely than not that the Respondent violated the Standards of
Conduct, then Student Conduct may implement the sanctions imposed
by the SCB and conclude the student conduct process.
(2)

(3)

COMPOSITION OF THE STUDENT CONDUCT BOARD.
(a)

Eligible Pool. The Vice Chancellor for Student Life shall appoint a pool of
persons who are eligible to serve on a SCB. The Vice Chancellor for
Student Life may appoint University students, University faculty
members, or University staff employees; however, an employee who
works in the Office of Student Conduct is ineligible to serve on a SCB.

(b)

Appointment of the SCB. The SCB is appointed ad hoc for each hearing
by the Director of Student Conduct from the pool described in Section
.06(2)(a). The Director of Student Conduct shall appoint a SCB consisting
of one (1) Chairperson and at least three (3) voting members. The
Chairperson shall be a University faculty member or staff employee who
has received training from Student Conduct on how to conduct a SCB
Hearing. Three (3) voting members and one (1) Chairperson constitute a
quorum of the SCB; however, regardless of the number of voting
members present, at least one (1) of the voting members of the SCB shall
be a University student.

(c)

Fairness and Impartiality of SCB Members. Any member of the SCB who
determines that he/she cannot decide a case fairly and impartially for any
reason shall excuse himself/herself from serving on the SCB, in which
case the Director of Student Conduct shall appoint a substitute member of
the panel in accordance with the rules in Section .06(2)(b).

GENERAL RULES GOVERNING SCB HEARINGS.
(a)

Required Pre-Hearing Information and Copies – Complainant and
Respondent. At least four (4) business days prior to the SCB Hearing, the
Complainant and the Respondent must provide the following to the
Director of Student Conduct:
1.

The name of their Advisor, if any, who will attend the SCB
Hearing;

2.

The names of all witnesses through whom they plan to present
information to the SCB and a brief summary of the information
that they reasonably anticipate that each witness will provide to
the SCB;

24 

 3.

A copy of all tangible or electronic information that they plan to
present to the SCB (e.g., witness statements, video or audio
recordings, photographs, text messages, phone records, medical
bills, diagrams). However, they are not required to provide copies
of information that is not in a form that allows copying (e.g.,
weapon; piece of clothing), in which case they should describe the
information in writing; and

4.

A copy of a statement, if any, that they want the SCB to consider
in determining the appropriate sanction to impose on the
Respondent if the SCB finds that the Respondent violated a
Standard of Conduct. The Complainant’s statement may include a
description of the impact of the Respondent’s alleged conduct on
the Complainant. The Respondent’s statement may include a
description of any factors the Respondent believes mitigates the
alleged misconduct.

During the SCB Hearing, the Complainant and the Respondent may
present witnesses who were not identified in the Notice of Formal
Hearing if they comply with this Section .06(3)(a). However, the
Complainant and the Respondent are responsible for contacting
witnesses who were not identified in the Notice of Formal Hearing,
informing them about the date, time, and place of the SCB Hearing, and
securing their attendance at the SCB Hearing.
(b)

Pre-Hearing Review of Information. No less than one (1) business day
prior to the hearing, Student Conduct will make copies of information
submitted by the Complainant, the Respondent, and the Conduct Officer
available for review by the Complainant, Respondent, their respective
Advisors, and members of the SCB. Those individuals will be notified by
Student Conduct when materials are available for review. Student
Conduct may make the information available electronically. It is the
responsibility of those involved with the hearing to contact Student
Conduct to arrange a time to review the information prior to the hearing
if such review is desired and the information has not been made available
electronically. In their sole discretion, Student Conduct may redact
irrelevant information prior to making information available.

(c)

Recording of the SCB Hearing. The University shall be responsible for
making a verbatim record (e.g., digital recording) of a SCB Hearing.
Deliberations of the SCB shall not be recorded. The record of the SCB
Hearing shall be the property of the University. The Complainant and the
Respondent may take notes during a SCB Hearing, which shall be their
own property, but neither the Complainant nor the Respondent may
record the hearing using any other method of recording.

(d)

Attendance and Participation.
25 

 (4)

1.

Attendance during a SCB generally is limited to members of the
SCB, the Conduct Officer (excluding the deliberations of the SCB),
the Complainant and the Complainant’s Advisor (subject to
Section .06(3)(d)(2)), the Respondent and the Respondent’s
Advisor (excluding the deliberations of the SCB), and witnesses.
Witnesses may attend the SCB Hearing only while they are
presenting information to the SCB, unless the witness is the
Complainant, the Respondent, or an Advisor. The Chairperson
and the Director of Student Conduct have the discretion to allow
other persons to attend the SCB Hearing, in accordance with state
and federal law.

2.

The Complainant and the Complainant’s Advisor may attend any
part of the SCB Hearing (excluding the deliberations of the SCB),
but the Complainant and the Complainant’s Advisor shall be
excused from the hearing room when the Respondent’s Education
Records or information obtained from the Respondent’s
Education Records is disclosed unless the information is also part
of the Complainant’s Education Records. However, the previous
sentence shall not apply, and the Complainant and the
Complainant’s Advisor shall have the right to attend the entire
SCB Hearing, in cases of sexual misconduct, relationship violence,
and stalking.

3.

The Chairperson may accommodate concerns for the personal
safety, well-being, and/or fears of confrontations of the
Complainant, the Respondent, and/or witnesses by using a visual
screen, and/or by permitting attendance or participation by
telephone, closed circuit television, video conferencing, videotape,
audio tape, written statement, or other appropriate means, as
determined in the discretion of the Chairperson. However, the
identity of all persons who present information to the SCB must
be made known to the Respondent and the Complainant.

PROCEDURAL RULES FOR SCB HEARINGS.
(a)

Right to Challenge the Selection of a SCB Member. At the beginning of
the SCB Hearing, the Chairperson shall allow the Complainant and the
Respondent to request the removal of a member of the SCB on the
grounds that the person cannot be fair and impartial in deciding the case.
If the Chairperson determines that the person cannot be fair and
impartial, then the Director of Student Conduct may appoint a substitute
member of the SCB in accordance with Section .06(2)(b) or, if a quorum of
the SCB still exists, remove the SCB member and allow the SCB Hearing
to continue without appointing a substitute member.

26 

 (b)

Authority of the Chairperson. The Chairperson has the authority to
maintain order and make all decisions necessary for the fair, orderly, and
expeditious conduct of the SCB Hearing. The Chairperson shall be the
final decision maker concerning what, how, and in what order
information and witnesses are presented to the SCB. For example, the
Chairperson decides whether to allow the SCB to consider information
from a witness in the form of a written statement by the witness.

(c)

Exclusion of Information. Upon the Chairperson’s initiation or upon
request by the Conduct Officer, the Complainant, the Respondent, or a
member of the SCB, the Chairperson may exclude the following
information from the SCB’s consideration:
1.

Irrelevant information;

2.

Information that unreasonably repeats information already
provided to the SCB;

3.

Information that was not provided in advance of the hearing in
accordance with Section .06(3);

4.

Information that is protected from disclosure under federal or
Tennessee law; and/or

5.

Information about a person’s character or character trait, if the
information is being presented to show that on a particular
occasion the person acted in accordance with the character or
character trait.
Generally, in cases involving an allegation of sexual misconduct,
neither the Complainant’s nor the Respondent’s prior sexual
history is relevant to the issue of whether sexual misconduct
occurred and will not be considered by the SCB. However, when
the Respondent contends that the Complainant gave consent for a
particular sexual act, the prior sexual history between the
Complainant and the Respondent may be relevant to assess the
manner and nature of communications between the parties,
although the mere existence of a current or previous dating,
romantic, intimate, or sexual relationship with the other person
does not allow a Respondent to imply or infer consent. The
Complainant’s and the Respondent’s prior sexual history may also
be relevant in other limited circumstances, such as to show intent,
motive, absence of mistake, or to explain an injury or physical
finding.

(d)

Persons Who May Present Information. The only persons who may
present information and/or witnesses during a SCB Hearing are the
27 

 Conduct Officer, the Complainant, and the Respondent. The Complainant
and the Respondent are responsible for presenting their own information
and/or witnesses, if any, to the SCB (an Advisor shall not present
information and/or witnesses to the SCB).
(e)

Formal Rules. Formal rules of process, procedure, and/or technical rules
of evidence, such as those applied in criminal or civil court, are not used
in SCB Hearings. The Chairperson shall decide all procedural questions
that arise during a SCB Hearing. The Chairperson may consult with the
Director of Student Conduct for assistance in resolving procedural
questions fairly and in accordance with the Code.

(f)

Questioning of Witnesses.
1.

Witnesses will provide information to the SCB and answer
questions from the Chairperson. The Chairperson may ask
questions and/or submit a request for additional information to
the Respondent, the Complainant, the Conduct Officer, and
witnesses. The Conduct Officer, the Respondent and/or the
Complainant shall not directly ask questions to each other or other
witnesses. The Conduct Officer, the Respondent, the Complainant,
and/or members of the SCB may propose questions for the
Chairperson to ask witnesses by submitting the proposed
questions to the Chairperson in writing. The Chairperson has the
discretion whether to ask a witness a question proposed by the
Conduct Officer, the Respondent, the Complainant, and/or
members of the SCB.

2.

The method of questioning witnesses outlined in this Section
.06(4)(e) is used to preserve the educational tone of the SCB
Hearing and to avoid the creation of an adversarial environment.

(g)

Closing Statements. At the close of the SCB Hearing, the Chairperson
may allow the Conduct Officer, the Complainant, and the Respondent
equal opportunities to make statements to the SCB summarizing the
information presented to the SCB and/or advocating the decision that the
SCB should reach. The Conduct Officer and the Complainant may
advocate that the SCB impose a specific sanction(s), and the Respondent
may respond; however, the Respondent’s record of student conduct
maintained by Student Conduct shall not be disclosed to the SCB by the
Conduct Officer or the Complainant during the hearing.

(h)

Burden of Presenting Information Demonstrating Misconduct. The
Conduct Officer bears the burden of presenting information
demonstrating that it is more likely than not that the Respondent violated
the Standards of Conduct, as alleged in the Notice of Allegations. Neither
the Complainant nor the Respondent is required to present information
28 

 or witnesses concerning the Respondent’s alleged misconduct. The SCB
shall not draw an inference adverse to the Conduct Officer, the
Complainant, or the Respondent if the Complainant or the Respondent
chooses not to present information or witnesses to the SCB.
(5)

NOTICE OF DECISION OF THE STUDENT CONDUCT BOARD.
(a)

Deliberation of the SCB. After the Chairperson determines that all
relevant information has been received by the SCB, the SCB will
deliberate in private and decide, for each Standard of Conduct alleged in
the Notice of Allegations to have been violated, whether it is more likely
than not that the Respondent violated the Standard of Conduct. The SCB
will decide by majority vote whether the Respondent violated the
Standards of Conduct. The Chairperson shall not vote on the decision of
whether the Respondent is responsible for violating the Standards of
Conduct or what sanctions should be imposed unless there is a tie vote of
the SCB.

(b)

Basis of Decision. The SCB shall not base its decision on information not
presented during the SCB Hearing. However, if the SCB requests that
additional information be provided after the SCB Hearing, the SCB may
consider and base its decision on the additional information, as long as
the Conduct Officer, the Respondent, and the Complainant have had a
chance to review and respond to the additional information either in a
resumption of the SCB Hearing or in writing.

(c)

Determination of Sanction(s). If the SCB decides that the Respondent
violated the Standards of Conduct, then the SCB will decide the
appropriate sanction(s) by majority vote. In deciding the appropriate
sanctions for a Respondent’s misconduct, the SCB may consider:

(d)

1.

Statements submitted by the Complainant and/or the Respondent
to the SCB concerning the appropriate sanction. The statements
should be provided to the Chairperson by the Director of Student
Conduct in a sealed envelope prior to the SCB Hearing; and

2.

A statement about the Respondent’s conduct history, which shall
be provided to the Chairperson by the Director of Student
Conduct in a sealed envelope prior to the SCB Hearing.

Issuance of Notice of Decision. Within two (2) business days of the
conclusion of the SCB Hearing, the Chairperson shall issue a Notice of
Decision and transmit a copy of the Notice of Decision to the Director of
Student Conduct. The Director of Student Conduct shall transmit a copy
of the Notice of Decision to the Respondent. If permitted or required
under law, the Director of Student Conduct shall transmit a copy of the

29 

 Notice of Decision to the Complainant (simultaneously with the
transmittal of the Notice of the Decision to the Respondent).
(e)

(6)

Information in Notice of Decision. The following information shall be
included in the Notice of Decision:
1.

For each Standard of Conduct identified in the Notice of
Allegations, the SCB’s decision concerning whether it is more
likely than not that the Respondent violated the Standard of
Conduct and the SCB’s rationale for the decision concerning the
alleged violation of the Standard of Conduct, including a brief
summary of the information upon which the SCB relied in making
its decision;

2.

The sanction(s), if any, that the SCB has imposed on the
Respondent; and

3.

Information about the Respondent’s and the Complainant’s
options, if any, to appeal the decision of the SCB.

APPEALING DECISIONS OF THE STUDENT CONDUCT BOARD.
(a)

Appealable Decisions. The Conduct Officer, the Complainant and/or the
Respondent may appeal the decisions of the SCB that are contained in the
Notice of Decision, but the grounds for appeal are limited to those
described in Section .06(6)(c).

(b)

Notice of Appeal. An appeal is procedurally valid only if all of the
following requirements are met:

(c)

1.

An appeal shall be submitted in writing by fully completing a
form approved by Student Conduct called a “Notice of Appeal.”

2.

The Notice of Appeal shall be received by Student Conduct within
five (5) business days of the date that the Director of Student
Conduct transmitted the Notice of Decision.

3.

The Notice of Appeal shall not include information that is not
included in the record of the SCB Hearing.

Grounds for Appeal. The Notice of Appeal shall explain the grounds for
the appeal, which shall be limited to one or more of the following
grounds:
1.

Clearly Unreasonable Sanction. The sanction(s) imposed by the SCB
is clearly unreasonable (i.e., has no sound basis or justification in
reason).
30 

 2.

Substantial Procedural Error. A procedural error occurred prior to
or during the SCB Hearing, and the procedural error reasonably
could have had a substantial impact on the SCB in reaching its
decision. Neither the failure of the Respondent or the
Complainant to secure the attendance of an Advisor or witness
nor the failure of an Advisor or witness to attend or otherwise
participate in any phase of the student conduct process constitutes
a procedural error. The failure of the Respondent or the
Complainant to attend the SCB Hearing does not constitute a
procedural error.

3.

New Information. New information has been discovered, the
information reasonably could have had a substantial impact on
the SCB in reaching its decision, and the person submitting the
Notice of Appeal did not know and reasonably could not have
known about the information at the time of the SCB Hearing.

(d)

Effective Date of Sanction. The sanction(s) imposed by the SCB shall not
be effective during the period in which a Notice of Appeal may be
submitted, or, if a procedurally valid Notice of Appeal has been
submitted, until a Notice of Final Decision is issued by the Appellate
Board, whichever is later. However, in extenuating circumstances, the
Vice Chancellor for Student Life may direct Student Conduct to
immediately implement a sanction imposed by the SCB. In cases in which
the sanction of degree revocation is imposed, the sanction shall be
presented to the University’s Board of Trustees for approval before the
sanction is imposed.

(e)

Appointment of Appellate Board.
1.

The Appellate Board is the University body that considers appeals
of decisions of the SCB, after a procedurally valid Notice of
Appeal has been submitted to Student Conduct.

2.

The Vice Chancellor for Student Life will appoint a pool of
persons who are eligible to serve on an Appellate Board. The Vice
Chancellor for Student Life may appoint University students,
University faculty members, or University staff employees to be
members of that pool.

3.

Within a seven (7) business days after the receipt of a Notice of
Appeal, the Director of Student Conduct will determine whether
the Notice of Appeal is procedurally valid. A Notice of Appeal is
procedurally valid only if it has been fully completed, timely
submitted to Student Conduct, and does not contain information
outside of the record of the SCB Hearing. If a Notice of Appeal is
31 

 procedurally invalid and the time for submitting a Notice of
Appeal under this Section .06(6) has expired, then the Director of
Student Conduct shall send the Conduct Officer, the Respondent,
and the Complainant (if permitted or required by law), a notice
that the decision of the SCB has become final and any sanction(s)
imposed will become effective immediately. However, in a case in
which the Notice of Appeal contains information outside of the
record of the SCB Hearing, the Director of Student Conduct may
proceed with appointing an Appellate Board after removing from
the Notice of Appeal information that was not included in the
record of the SCB Hearing.
4.

If the Notice of Appeal is procedurally valid, then the Director of
Student Conduct shall appoint an Appellate Board to hear the
appeal from the pool of persons who are eligible to serve on an
Appellate Board. An Appellate Board shall be composed of one (1)
Chairperson and three (3) voting members. At least one (1) voting
member of the Appellate Board shall be a University student. The
Director of Student Conduct shall not appoint a person to serve as
Chairperson or a voting member of the Appellate Board if the
person served as a Chairperson or a voting member of the SCB
whose decision is being appealed. In addition, an employee who
works in the Office of Student Conduct or whose direct supervisor
is the Conduct Officer who participated in the SCB Hearing shall
be ineligible to serve as a member of the Appellate Board.

5.

After the appointment of the members of the Appellate Board,
Student Conduct shall transmit a copy of the Notice of Appeal to
persons who have a need to know about the Notice of Appeal,
including without limitation the members of the Appellate Board
and all non-appealing parties (e.g., if the Respondent appeals, the
Conduct Officer and the Complainant would be the nonappealing parties). A non-appealing party may submit a written
response to the Notice of Appeal to the Appellate Board within
two (2) business days of Student Conduct’s transmittal of the
Notice of Appeal. The written response shall be limited to
responding to issues raised in the Notice of Appeal and shall not
contain information that is not included in the record of the SCB
Hearing.

6.

Any member of the Appellate Board who determines that he/she
cannot decide the appeal fairly and impartially for any reason
shall excuse himself/herself from serving on the Appellate Board,
in which case the Director of Student Conduct shall appoint a
substitute member of the Appellate Board in accordance with this
Section .06(6).

32 

 (f)

Notice of Final Decision.
1.

2.

3.

In considering an appeal, the Appellate Board shall review the
record of the hearing before the SCB, which shall be limited to:
(i)

The Notice of Allegations;

(ii)

The Notice of Formal Hearing;

(iii)

The Notice of Decision;

(iv)

The recording and the transcript, if any, of the hearing,
and all other information submitted to the SCB during the
hearing; and

(v)

The Notice of Appeal.

The Appellate Board shall reach one (1) of the following decisions:
(i)

Affirm both the SCB’s finding that the Respondent
violated the Standards of Conduct and the sanctions
imposed by the SCB;

(ii)

In a case involving a clearly unreasonable sanction, affirm
the SCB’s finding that the Respondent violated the
Standards of Conduct and modify the sanctions imposed
by the SCB by imposing a greater or lesser sanction(s);

(iii)

In cases of a substantial procedural error, remand the case
for a new hearing to be conducted by the same SCB. The
Appellate Board should recommend to the Chairperson
how to correct the procedural error. The Director of
Student Conduct may appoint a substitute member for any
member of the SCB who is unavailable to participate in the
new hearing; or

(iv)

In cases of new information that fits the criteria described
in Section .06(6)(c)(3), remand the case to the same SCB for
the limited purpose of hearing the new information and
reconsidering its decision based on the new information.
The Director of Student Conduct may appoint a substitute
member for any member of the SCB who is unavailable to
participate in hearing the new information or the
reconsideration of the decision.

The Appellate Board shall communicate its decision through a
written notice called a Notice of Final Decision. The Notice of
33 

 Final Decision should be issued within five (5) business days of
the Director of Student Conduct’s appointment of the Appellate
Board. The Notice of Final Decision shall be sent to the Director of
Student Conduct, who will send the Notice of Final Decision to
the Conduct Officer, the Respondent, the Chairperson of the SCB,
and, if permitted or required by law, the Complainant.
4.

(7)

The decision of the Appellate Board is final and is not subject to
appeal.

OTHER ISSUES HEARD BY THE SCB. In addition to hearing disputes concerning
violations of the Standards of Conduct, the Student Conduct Board shall also be
the University body that hears disputes concerning the interpretation of the
Student Government Constitution and disputes concerning the results of Student
Government elections.

1720-04-03-.07 COMPLAINANTS’ RIGHTS.
(1)

EQUIVALENT RIGHTS. In addition to other rights granted to Complainants under
the Code, a Complainant shall be granted equivalent rights to the rights granted
to a Respondent under the Code to:
(a)

Meet with Student Conduct to ask questions and receive information
about the student conduct process, including without limitation the status
of an investigation;

(b)

Receive notice of meetings and hearings at which the Complainant may
be present and receive access to information that will be used during
those meetings and hearings;

(c)

Be assisted by an Advisor at any and all stages of the student conduct
process, in accordance with Section .05(8) (the section titled, “Right to an
Advisor”);

(d)

Present information and witnesses during meetings and hearings,
including, without limitation, investigations, hearings before a Student
Life Hearing Officer, and SCB Hearings;

(e)

Not be directly questioned by anyone other than the Chairperson in a
hearing before a Student Life Hearing Officer or the SCB;

(f)

Challenge the fairness and/or impartiality of a Student Life Hearing
Officer, a member of the SCB, or a member of the Appellate Board;

(g)

Receive a copy of a notice of an initial, interim, or final decision, or a
change in such a decision, issued by the Vice Chancellor for Student Life,
Student Conduct, a Student Life Hearing Officer, the SCB, and/or the
34 

 Appellate Board (e.g., Notice of Allegations, Notice of Decision, Notice of
Final Decision), simultaneously with the Respondent’s receipt of a copy
of the notice of the decision;

(2)

(h)

Appeal a decision issued by Student Conduct, a Student Life Hearing
Officer, the SCB, and/or the Appellate Board, and receive a notice
containing information about the right to appeal simultaneously with the
Respondent’s receipt of a notice of such information; and/or

(i)

Otherwise participate in the student conduct process.

EXCEPTIONS REQUIRED BY LAW. Notwithstanding any provision of the Code to the
contrary, including without limitation Section .07(1), a Complainant shall not
have the right to attend a meeting or hearing, receive information concerning, or
otherwise participate in the student conduct process if such attendance, receipt of
information, or participation would violate federal law.

1720-04-03-.08 SANCTIONS.
(1)

(2)

GENERAL RULES.
(a)

Purposes of Sanctions. The primary purposes of sanctions are to educate
the Respondent about appropriate behavior; promote the personal and
professional development of the Respondent; discourage the Respondent
and other students from violating the Standards of Conduct; and protect
other members of the University community. The sanctions imposed on a
Respondent should be proportional to the Respondent’s misconduct and
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).
Consideration may also be given to the Respondent’s conduct record;
whether the student acted in self-defense, and, if so, whether the amount
of force used was reasonable under the circumstances; the Respondent’s
academic classification; and other aggravating or mitigating factors.

(b)

Administrative and Developmental Sanctions. A student who accepts
responsibility or is found responsible for violating the Standards of
Conduct generally will be given one (1) or more administrative sanctions.
A student may also be given one (1) or more developmental sanctions.

ADMINISTRATIVE SANCTIONS.
(a)

Warning. A warning is a written notice to a student that informs the
student that the student has violated the Standards of Conduct, the
misconduct must cease and/or not reoccur, and further misconduct will
likely result in the imposition of more serious sanctions.

35 

 (b)

Disciplinary Probation. Disciplinary probation is imposed for a specified
period of time during which the student may continue to be enrolled but
must demonstrate conduct that conforms to the Standards of Conduct.
Conditions may be placed on the student’s continued enrollment. A
student may be placed on disciplinary probation for moderate
misconduct or in the case of repeated minor misconduct. Also, a student
allowed to re-enroll following a suspension will be placed on disciplinary
probation. Subsequent violations of the Standards of Conduct during a
period of disciplinary probation may result in suspension or expulsion
from the University.

(c)

Deferred Suspension. A deferred suspension is a designated period of
time during which a student is given an opportunity to demonstrate the
ability to abide by the Standards of Conduct. A student may be placed on
deferred suspension for serious misconduct or in the case of repeated
misconduct. If the student is found responsible for any additional
violation(s) of the Standards of Conduct while the student is on deferred
suspension, then the sanction of suspension will be the minimum
sanction that will be imposed in a Formal Hearing on the subsequent
misconduct. Students who are placed on deferred suspension are also
generally given developmental sanctions.

(d)

Suspension. A suspension is an official separation of a student from the
University for a specific period of time and/or until certain conditions are
met. A suspension may be imposed for serious misconduct and/or for a
violation of deferred suspension. Suspension may include conditions that
will be in place if the student re-enrolls. The effective date of a suspension
may be imposed retroactively to the date that the misconduct occurred.
While suspended, the student loses all University rights and privileges
(e.g., enrollment privileges), shall not represent the University in any
official manner, and shall not be present on University-controlled
property without the prior approval of the Vice Chancellor for Student
Life. The student may be required to meet with an assigned Student Life
staff member periodically while suspended to ensure the student is
making satisfactory progress regarding the developmental sanctions
issued. The Vice Chancellor for Student Life will determine whether the
student is eligible for re-enrollment. Students who are permitted to return
to the University following a period of suspension will automatically be
placed on disciplinary probation by the Office of Student Conduct for a
designated period of time, which is designed to facilitate a smooth
transition back to the University community. A student on postsuspension disciplinary probation must abide by the Standards of
Conduct and all terms and conditions placed on the student’s reenrollment.

(e)

Expulsion. Expulsion is a sanction that permanently bars a person from
re-enrolling as a student at the University. This sanction generally is
36 

 imposed when the student’s misconduct is deemed so serious as to
warrant total and permanent disassociation from the University
community without the possibility of re-enrollment; and/or when, by the
student’s repeated misconduct, a student has exhibited a blatant
disregard for the health and safety of other members of the University
community or the University’s right to establish rules of conduct. A
person who has been expelled shall not be present on Universitycontrolled property without the prior approval of the Vice Chancellor for
Student Life.

(3)

(f)

Withholding of Degree. The University may withhold a degree as a
disciplinary sanction for a specified period of time or until the student’s
completion of all other sanctions imposed, whichever occurs later.

(g)

Revocation of Degree. The sanction of the revocation of a degree may be
imposed if a student has obtained a degree at least in part through fraud
or other academic dishonesty. Revocation of a degree shall be approved
by the University of Tennessee Board of Trustees before the revocation is
effective. If approved by the Board of Trustees, this sanction will be noted
on the student’s academic transcript on a permanent basis.

(h)

Disciplinary Probation for Student Organizations. A student organization
given the sanction of disciplinary probation is permitted to retain
University student organization registration on a probationary status. As
a condition of the disciplinary probation, the student organization also
may be given developmental sanctions.

(i)

Social Probation. Social probation prohibits a student organization from
sponsoring or participating in specified social activities. While on social
probation, a student organization may not host social events (e.g., mixers,
date parties, formals, and band parties) or participate in Universityaffiliated activities (e.g., Homecoming, All Sing, Carnicus, intramurals).
Any exceptions to social probation must be approved, in advance, by the
Vice Chancellor for Student Life.

(j)

Revocation or Suspension of University Registration. In cases of serious
or repeated misconduct, a student organization’s University registration
may be revoked.

DEVELOPMENTAL SANCTIONS. In addition to an administrative sanction(s), one
(1) or more of the following developmental sanctions may be imposed on a
Respondent in an effort to foster student learning and development.
(a)

Educational Activities. Educational activities are designed to educate the
student about why certain conduct was inappropriate. Examples of such
activities include, without limitation, offering a formal apology (in
writing and/or in person); attending an educational class, training, or
37 

 workshop; giving or attending a presentation; preparing and submitting
a research project or paper on a designated topic; or offering a written
reflection responding to a given prompt.
(b)

Restitution. Restitution is compensation for loss, damage, and/or injury
incurred as a result of the student’s actions. Compensation may take the
form of money, service, and/or material replacement. Restitution may be
required to be made to the University, a specific individual, or a specific
organization. Normally, all restitution must be paid or made within two
weeks of the imposition of the sanction.

(c)

Supervised Work/Service. A student may be assigned unpaid work or
service that is both beneficial to the University community and/or likely
to assist the student in understanding the effects of the student’s
misconduct.

(d)

Loss or Restriction of Privileges. Specified student privileges are lost or
restricted. Such privileges include, without limitation, the privilege of
representing the University in any official manner, the use of or access to
University-controlled property, University parking privileges, or denial
of participation in University-affiliated activities (e.g., extracurricular
activities).

(e)

University Housing Reassignment or Removal. A student may be
assigned to a different residence hall or residence hall room. A student’s
residence hall contract also may be terminated, and the student may be
prohibited from residing in University housing for a definite or indefinite
period of time.

(f)

Mandatory Education. A student may be required to participate in one (1)
or more educational programs, classes, or workshops relating to the
student’s misconduct, including, without limitation, education
concerning alcohol or drugs. The student may be held responsible for the
payment
of
expenses
relating
to
the
educational
program/class/workshop(s).

1720-04-03-.09 RESOLUTION OF ACADEMIC DISHONESTY.
(1)

ACADEMIC DEPARTMENT RESOLUTION PROCESS.
(a)

Notice of Academic Dishonesty and Informal Opportunity to Respond to
Allegations. When an act of alleged academic dishonesty is discovered
by, or brought to the attention of an instructor, the instructor shall inform
the student orally or in writing about the alleged academic dishonesty,
describe the information supporting the allegation, and give the student
an informal opportunity to respond to the allegation(s) and information.
The instructor may proceed with imposing an academic penalty for
38 

 academic dishonesty if the student has not responded to the instructor’s
notice to the student concerning the alleged academic dishonesty. The
instructor does not have the authority under the Code to impose a
sanction identified in Section .08 (an administrative sanction or a
developmental sanction). An academic penalty shall not take effect until
after the deadline for an appeal has passed under Section .09(1)(c), or, if
the student appeals the penalty, the student conduct process has
concluded and the penalty has been upheld, whichever is later.
(b)

Decision Whether to Impose an Academic Penalty. After giving the
student notice and an informal opportunity to respond, if the instructor
concludes that the student engaged in academic dishonesty, then the
instructor may impose an academic penalty of a failing or reduced grade
in the academic exercise, assignment, examination, and/or course; loss of
credit for the work involved; an assignment to repeat the work, to be
graded on its merits; and/or an oral or written reprimand. An instructor
may impose more than one (1) academic penalty. If the instructor decides
to impose an academic penalty, then the instructor shall transmit a notice
to the student of the allegations, information, findings, academic penalty
imposed, and information on the student’s options to appeal the findings
and/or penalties under Section .09(2)(c). The notice should be
countersigned by the department head. Copies of the notice to the
student shall be submitted to Student Conduct, the dean or other chief
administrative head of the instructor’s academic unit, and, where
different, the dean or other chief administrative head of the academic unit
in which the student is enrolled. The instructor is not required to notify a
student that a complaint has been made to Student Conduct.

(c)

Appeals of Academic Penalties. Within five (5) business days of the
transmittal of the notice to the student described in Section .09(1)(b)(2),
the student may appeal the academic penalty imposed by the instructor
by submitting a written Notice of Appeal of Academic Penalty to Student
Conduct, using a form approved by Student Conduct. The SCB hears
appeals of academic penalties. If Student Conduct does not issue a Notice
of Allegations, then the instructor shall serve as the Conduct Officer in
the SCB Hearing. The decision of the SCB, or the Appellate Board if the
decision is appealed, shall be the final decision of the University
concerning the academic penalty. For example, if the SCB’s decision, if
not appealed to the Appellate Board, is to reverse a grade of “F” for the
course, then Student Conduct will inform the University’s Registrar of the
SCB’s decision and request the Registrar to enter the grade for the course
that the student would have received if the student had not been accused
of academic dishonesty. If there is a question about what grade the
student would have received if the student had not been accused of
academic dishonesty, the question will be referred to the Provost for
resolution.

39 

 (2)

(3)

STUDENT CONDUCT RESOLUTION PROCESS.
(a)

After receiving notice from the instructor under Section .09(b)(3), Student
Conduct may proceed with the student conduct process and determine of
whether to issue a Notice of Allegations for violating Section .04(1)
(cheating, plagiarism, or other act of academic dishonesty).

(b)

A decision by Student Conduct not to issue a Notice of Allegations shall
not be used by the student to support an appeal of an academic penalty
imposed by the student’s instructor. In addition, Student Conduct may
issue a Notice of Allegations for violating Section .04(1) regardless of the
response of the instructor to the alleged academic dishonesty.

(c)

If an instructor alleges that a student engaged in academic dishonesty
and the student wants to appeal the academic penalty and/or Student
Conduct issues a Notice of Allegations containing an allegation of a
violation of Section .04(1), then the allegations against the student and the
issue of the appropriate academic penalty shall be resolved through a
Resolution Agreement, a Formal Hearing, or an Alternative Resolution
Process.

COLLEGE OF LAW. The University of Tennessee College of Law has adopted and
promulgated its own Code of Academic Conduct, Chapter 1720-04-09. In the
event of a conflict between this Chapter and Chapter 1720-04-09, Chapter 172004-09 shall control.

1720-04-03-.10 POLICY ON AMNESTY FOR GOOD SAMARITANS AND STUDENTS IN
NEED OF EMERGENCY MEDICAL ATTENTION.
(1)

BACKGROUND. The University of Tennessee holds paramount the health, safety,
and welfare of students. Accordingly, all University students are expected to
alert appropriate officials in the event of a health or safety emergency, including
without limitation a situation involving the abuse of alcohol or other drugs.

(2)

EXPECTATIONS. When a student knows or reasonably should know that another
student is in need of emergency medical attention, fellow students are expected
to:
(a)

Contact appropriate persons to report the incident and request assistance
(e.g., University staff members, law enforcement);

(b)

Provide the persons identified in Section .10(2)(a) with the names and
contact information for the student reporting the incident and the
impaired student; and

40 

 (c)

Demonstrate cooperation and care by remaining with the impaired
student and providing reasonable assistance during and after the
incident.

A student who takes all of the steps described in this Section .10(2) will be
referred to as a “Good Samaritan” under this Section .10. The student who
needed emergency medical attention will be referred to as an “impaired student”
under this Section .10.
(3)

AMNESTY FOR GOOD SAMARITANS. A Good Samaritan will generally not be
subject to formal University disciplinary action for misconduct discovered by the
University as a result of the Good Samaritan’s report. While no formal University
disciplinary action may be taken, the student who acted as a Good Samaritan
may be required to meet with a University staff member to discuss the Good
Samaritan’s misconduct and adhere to appropriate remedial and/or educational
recommendations.

(4)

AMNESTY FOR IMPAIRED STUDENTS. Similarly, the impaired student will generally
not be subject to formal University disciplinary action for misconduct discovered
by the University as a result of the Good Samaritan’s report. While no formal
University disciplinary action may be taken, the impaired student may be
required to meet with a University staff member, participate in educational
activities, and/or establish that the student has addressed issues that contributed
to the misconduct.

(5)

EXCEPTIONS. This Section .10 does not guarantee students will not be subject to
formal disciplinary action for repeated or serious violations of the Standards of
Conduct (e.g., physical or sexual assault, property destruction, disorderly
behavior, theft, second incident of misconduct involving alcohol or drugs) nor
does it prevent or preclude action by law enforcement or other legal authorities.

(6)

APPLICATION OF THE POLICY TO STUDENT ORGANIZATIONS. Student organizations,
through their officers and members, are also expected to take responsible action
in emergency situations. While the Policy on Amnesty for Good Samaritans and
Students in Need of Emergency Medical Attention may not fully apply, a student
organization’s adherence to steps described in Section .10(2) will be considered a
mitigating factor when determining the outcome of or sanction for misconduct.
Additionally, the University will consider a failure of officers and/or members to
adhere to steps described in Section .10(2) to be an aggravating factor when
determining the outcome of or sanction for misconduct.

1720-04-03-.11 EMERGENCY POWERS. When, in the judgment of the University’s Chancellor,
conditions are such that it is impractical for the Student Conduct Board to function, the Vice
Chancellor for Student Life may suspend these procedural regulations and appoint an ad hoc
committee to hear a conduct matter. Any such ad hoc committee shall follow procedures that
will insure that the Respondent is provided with due process. The final decision of the ad hoc
committee may be appealed to the Vice Chancellor for Student Life, but the grounds for appeal
41 

 are limited to those outlined in Section .06(6) (the section titled, “Appealing Decisions of the
Student Conduct Board”).
1720-04-03-.12 RETENTION AND DISCLOSURE OF DISCIPLINARY RECORDS.
(1)

The University maintains student disciplinary records separately from student
academic records.

(2)

While a student is enrolled in the University, Student Conduct may disclose
disciplinary records, or the contents of disciplinary records, to University
officials who have a legitimate educational interest in the disciplinary records or
to students who request to inspect their disciplinary records. Student Conduct
may disclose disciplinary records, or the contents of disciplinary records, to other
persons only in accordance with state or federal law.

(3)

After a student is no longer enrolled in the University (e.g., the student
graduates), Student Conduct will disclose a student’s disciplinary records to
persons outside of Student Conduct only if one of the following sanctions was
imposed on the student while the student was enrolled in the University:
suspension; expulsion; withholding of degree; or revocation of degree.
Notwithstanding the previous sentence, Student Conduct will disclose
disciplinary records as required by state or federal law (e.g., subpoena, judicial
order).

1720-04-03-.13 DEFINITIONS OF TERMS USED IN THE CODE.
(1)

ATTEND: To participate in a meeting or hearing electronically or in person.

(2)

BUSINESS DAY: Any weekday not designated by the University as a holiday or
administrative closure day.

(3)

CHAIRPERSON: A faculty or exempt staff member appointed by the Director of
Student Conduct to preside over and facilitate a SCB Hearing.

(4)

CODE, CODE OF CONDUCT, or STUDENT CODE OF CONDUCT: The University of
Tennessee, Knoxville’s Student Code of Conduct, Chapter 1720-04-03.

(5)

COERCION: Words and/or conduct that, viewed from the perspective of a
reasonable person, substantially impair 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

42 

 personal information (e.g., disclosure of a person’s sexual orientation, gender
identity, or gender expression).
(6)

COMPLAINANT: An individual who may have been subjected to student conduct
that violates the Standards of Conduct, regardless of whether that individual
makes a complaint or report to Student Conduct. This term does not imply prejudgment concerning whether the Respondent violated the Standards of
Conduct. The Director of Student Conduct is the final decision maker with
respect to whether an individual is a Complainant for purposes of the Code.

(7)

CONDUCT OFFICER: A University employee designated by the Director of Student
Conduct to present information on behalf of Student Conduct to the Student
Conduct Board. The Conduct Officer shall be employed in the Division of
Student Life but is not required to be employed by the Office of Student
Conduct. However, in a case involving alleged academic dishonesty in which
Student Conduct has not issued a Notice of Allegations, the instructor generally
will be designated as the Conduct Officer.

(8)

CONSENT: When used in connection with sexual misconduct, consent means an
affirmative and voluntary agreement by a person to engage in a specific sexual
act. 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.
(a)

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.

(b)

The term “affirmative,” as used in the definition of consent, 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, students are strongly encouraged to err on the
side of caution and not rely solely on the non-verbal actions of another
43 

 person in concluding that the other person has communicated consent.
The University urges students to talk to one another before engaging in a
sexual act to ensure that they both wish to engage in the same sexual act.
(c)

Consent cannot be obtained by or inferred from:
1.

silence that is not accompanied by non-verbal actions conveying a
clear agreement to engage in a particular sexual act;

2.

consent communicated by the other person on a previous
occasion;

3.

consent communicated to another person;

4.

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);

5.

the sexual arousal of the other person;

6.

a current or previous dating, romantic, intimate, or sexual
relationship with the other person;

7.

currently or previously cohabitating with the other person;

8.

the other person’s attire;

9.

the other person’s reputation;

10.

the other person’s giving or acceptance of gifts; or

11.

the other person’s extension or acceptance of an invitation to go to
a private residence, room, or location.

(d)

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, students 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.)

(e)

Consent must be continual, which means that 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
44 

 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 students to
communicate with one another throughout a sexual encounter to ensure
that any progression of sexual activity is done with consent.
(9)

COURSE OF CONDUCT: Two 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.

(10)

DATING VIOLENCE: 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, without limitation, sexual or physical abuse or the threat of such abuse.

(11)

DISCIPLINARY HOLD: The University hold described in Section .05(2)(b).

(12)

DISCIPLINARY RECORDS: A written record that personally identifies a Respondent
and is maintained by the Office of Student Conduct and Community Standards.

(13)

DOMESTIC VIOLENCE: 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

45 

 (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.

(14)

FACULTY MEMBER OR INSTRUCTOR: A person hired by the University to conduct
teaching, research, or supervised clinical placements.

(15)

FORMAL HEARING: A SCB Hearing, a hearing before a Student Life Hearing
Officer, and/or a UAPA Hearing.

(16)

GOOD FAITH: 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. Information is not communicated in good faith if it is
communicated with knowing or reckless disregard for information that would
negate the former information.

(17)

INCAPACITATED OR INCAPACITATION: 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)

MEMBER OF THE UNIVERSITY COMMUNITY: A person who is a student, University
employee, University volunteer, invited visitor to University-controlled
property, or participant in a University-affiliated activity.

(19)

NOTICE: Written notice transmitted by United States mail, courier service, or
hand delivery to the address the University’s Registrar has on file for the student;
46 

 and/or by e-mail to a 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.
(20)

POSSESSION: 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.

(21)

REASONABLE PERSON: 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.

(22)

RELATIONSHIP VIOLENCE: Dating violence and/or domestic violence.

(23)

RELEVANT INFORMATION: Information having any tendency to make the existence
of any fact that is of consequence to determining whether the Respondent
violated the Standards of Conduct more probable or less probable than it would
be without the information.

(24)

RESPONDENT: A student who has been accused of violating the Standards of
Conduct and/or whose conduct is being investigated by the Office of Student
Conduct.

(25)

RETALIATION: An act taken by a student (including an act taken through a third
party) because of another person’s participation in a protected activity that
would discourage a reasonable person from engaging in protected activity.
Protected activity includes a person’s good faith: (1) opposition to conduct
prohibited under the Standards of Conduct; (2) report to the University about
conduct prohibited under the Standards of Conduct to the University; (3)
participation (or reasonable expectation of participation) in any manner in an
investigation, meeting, hearing, or interim measure; or (4) 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.

(26)

SANCTION: An administrative sanction and/or a developmental sanction.

(27)

SCB: Student Conduct Board.

47 

 (28)

SEXUAL ASSAULT: Engaging in sexual contact or sexual intercourse with another
person without the consent of that person.

(29)

SEXUAL CONTACT: 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.

(30)

SEXUAL EXPLOITATION: 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.

(31)

SEXUAL HARASSMENT: 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 studentemployee): 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
48 

 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.
(32)

SEXUAL INTERCOURSE: 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.

(33)

SEXUAL MISCONDUCT: Sexual harassment, sexual assault, and/or sexual
exploitation.

(34)

STAFF MEMBER: A person employed by the University on a part- or full-time
basis, primarily involved in planning, organizing, staffing, directing and
controlling efforts to achieve the goals and objectives of the University.

(35)

STALKING: 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.

(36)

STANDARDS OF CONDUCT: Chapter 1720-04-03-.04.

(37)

STUDENT: For purposes of the Code, the term “student” means:
(a)

A person enrolled or registered for study at the University, either fulltime or part-time, pursuing undergraduate, graduate, or professional
studies, as well as non-degree programs;

(b)

A student organization;

(c)

A person who has completed the immediately preceding academic term
and is eligible for re-enrollment;

(d)

A person who is not officially enrolled but who has a continuing
relationship with the University (e.g., on educational leave or other
approved leave status);

(e)

A person who attended the University during a previous academic term
and who engaged in misconduct during the time of enrollment; and/or

(f)

A person who has been admitted to the University and later matriculates
at the University, with respect to misconduct:
1.

That occurs as part of the application process; or

49 

 2.

That occurs post-admission and pre-matriculation and falls within
the jurisdiction of the Code (e.g., occurs on University-controlled
property).

(38)

STUDENT CONDUCT OR OFFICE OF STUDENT CONDUCT: The Office of Student
Conduct and Community Standards, which acts through University employees
designated by the Director of the Office of Student Conduct to act on behalf of
the University in the student conduct process, including without limitation
University employees who work in the Office of Student Conduct and University
employees who work in University Housing.

(39)

STUDENT LIFE HEARING OFFICER. As more fully described in Section .05(5)(e), a
University employee designated by the Director of Student Conduct to conduct a
Formal Hearing in cases in which the sanctions proposed by Student Conduct do
not include any of disciplinary sanctions identified in Section .05(5)(c).

(40)

STUDENT ORGANIZATION: 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.

(41)

SUBSTANTIAL EMOTIONAL DISTRESS: Significant mental suffering or anguish that
may, but does not necessarily, require medical or other professional treatment or
counseling.

(42)

UAPA: Uniform Administrative Procedures Act, Tennessee Code Annotated, § 45-301 et seq.

(43)

UAPA HEARING: A hearing conducted by a University administrative judge or
hearing officer in accordance with the University’s procedures for conducting a
contested case hearing pursuant to the UAPA, Chapter 1720-01-05.

(44)

UNIVERSITY: The University of Tennessee, Knoxville; the University of Tennessee
Institute of Agriculture; and their campuses, centers, institutes, and constituent
parts including without limitation their academic, administrative, or auxiliary
departments or divisions.

(45)

UNIVERSITY-AFFILIATED ACTIVITY: means an activity on or off Universitycontrolled property that is initiated, aided, authorized, sponsored, or supervised
by the University.

(46)

UNIVERSITY-CONTROLLED PROPERTY: All land, grounds, structures, or any other
property owned, controlled, 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, controlled, or operated by the
University or funded by the University.

50 

 (47)

UNIVERSITY OFFICIAL: An employee of the University, including faculty members
and staff members, or, for purposes of this Code, a University-recognized
volunteer, when acting in the performance of their duties. Student employees
may be considered University officials when acting in the performance of their
duties (e.g., event staff, resident assistants, and teaching assistants).

(48)

VICE CHANCELLOR FOR STUDENT LIFE: The University’s chief student affairs
officer, to whom the Chancellor has delegated responsibility for the
administration of the Code. For the purposes of the Code, the term also includes
any University employee whom the Vice Chancellor for Student Life designates
to act in place of the Vice Chancellor for Student Life.

(49)

WEAPON: 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.

(50)

WRITTEN: To communicate words either on paper and/or electronically. For
example, a notice delivered via e-mail constitutes a written notice under the
Code.

51