Student Conduct and Disciplinary Sanctions

Student Conduct and Disciplinary Sanctions
Student Handbook
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Student Conduct and Disciplinary Sanctions

1.1 Institutional Policy Statement

Students enrolled in postsecondary educational institutions are citizens of their civic communities as well as the academic community. As such they are expected to conduct themselves as law-abiding members of each community at all times. Admission to an institution of postsecondary education carries with it special privileges and imposes special responsibilities apart from those rights and duties enjoyed by non-students. In recognition of the special relationship that exists between Tennessee Technological University ("TTU") and the academic community which it seeks to serve, the Tennessee Board of Regents ("TBR" or "the Board") has authorized the president of TTU and directors of the technology centers under its jurisdiction to take such action as may be necessary to maintain campus conditions and preserve the integrity of the institution and its educational environment.
Pursuant to this authorization and in fulfillment of its duties to provide a secure and stimulating atmosphere in which indvidual and academic pursuits may flourish, TTU has developed the following policies, which are intended to govern student conduct on the several campuses under its jurisdiction. In addition, students are subject to all federal, state, and local laws and ordinances. If a student’s violation of such laws or ordinances also adversely affects the institution’s pursuit of its educational objectives, TTU may enforce its own policies regardless of the status or outcome of any external proceedings instituted by other civil or criminal authorities.
For the purpose of these policies, a "student" shall mean any person who is admitted and/or registered for study at TTU for any academic period. This shall include any period of time following admission and/or registration, but preceding the start of classes for any academic period. It will also include any period which follows the end of an academic period through the last day for registration for the succeeding academic period, and during any period while the student is under suspension from the institution. Finally, "student" shall also include any person subject to a period of suspension or removal from campus as a sanction which results from a finding of a violation of the policies governing student conduct. Students are responsible for compliance with the Student Code of Conduct and with similar institutional policies at all times.
Disciplinary action may be taken against a student for violation of the policies which occur on institutionally owned, leased or otherwise controlled property, while participating in international or distance learning programs, and off campus, including clinical affiliation sites, when the conduct impairs, interferes with, or obstructs any institutional activity or the mission, processes, and functions of the institution. TTU may enforce its own policies regardless of the status or outcome of any external proceedings instituted in any other forum, including any civil or criminal proceeding.
These policies, and related material incorporated herein by reference, are applicable to student organizations as well as individual students. Student organizations are subject to discipline for the conduct and actions of individual members of the organzation while acting in their capacity as members of, or while attending or participating in any activity of, the organization.
Confidentiality of Discipline Process. Subject to the exceptions provided pursuant to the Family Educational Rights and Privacy Act of 1974 (FERPA), 20 U.S.C. 1232g and/or the Tennessee Open Records Act, T.C.A. 10-7-504(a)(4), a student's disciplinary files are considered "educational records" and are confidential within the meaning of those Acts.

1.2 Disciplinary Offenses

Institutional disciplinary measures shall be imposed, though appropriate due process procedures, for conduct which adversely affects the institution’s pursuit of its educational objectives, which violates or shows a disregard for the rights of other members of the academic community, or which endangers property or persons on property owned or controlled by TTU.
Individual or organizational misconduct which is subject to disciplinary sanctions include but shall not be limited to the following examples:

(a) Conduct Dangerous to Self or Others. Any conduct, or attempted conduct, which constitutes a danger to any person’s health, safety or personal well-being, including but not limited to, the following:

1. Physical and/or verbal abuse,

2. Threats and/or intimidation,

3. Harm inflicted on self;

(b) Hazing. Hazing, as defined in T.C.A. 49-7-123(a)(1), means any intentional or reckless act, on or off the property, of any higher education institution by an individual acting alone, or with others, which is directed against any other person(s) that endangers the mental or physical health or safety of that person(s), or which induces or coerces a person(s) to endanger such person(s) mental or physical health or safety. Hazing does not include customary athletic events or similar contests or competitions, and is limited to those actions taken and situations created in connection with initiation into or affiliation with any organization;

(c) Disorderly Conduct. Any individual or group behavior which is abusive, obscene, lewd, indecent, violent, excessively noisy, disorderly, or which unreasonably disturbs institutional functions, operations, classrooms, other groups or individuals;

(d)Obstruction of or interference with institutional activities or facilities. Any intentional interference with or obstruction of any institutional, program, event, or facility include the following:

1. Any unauthorized occupancy of facilities owned or controlled by an institution or blockage of access to or from such facilities,

2. Interference with the right of any institution member or other authorized person to gain access to any activity, program, event or facilities sponsored or controlled by an institution,

3. Any obstruction or delay of a campus security officer, public safety officer, police officer, firefighter, EMT, or any official of an institution, or failure to comply with any emergency directive issued by such person in the performance of his or her duty;

(e) Misuse of or Damage to Property. Any act of misuse, vandalism, malicious, or unwarranted damage or destruction, defacing, disfiguring or unauthorized use of property belonging to another including, but not limited to, any personal property, fire alarms, fire equipment, elevators, telephones, institution keys, library materials and/or safety devices;

(f) Theft, Misappropriation, or Unauthorized Sale of Property. Any act of theft, misappropriation, or unauthorized possession or sale of institution property or any such act against a member of the institution community or a guest of the institution.

(g) Misuse of Documents or Identification Cards. Any forgery, alteration of or unauthorized use of institutional documents, forms, records, or identification cards, including the giving of any false information, or withholding of necessary information, in connection with a student’s admission, enrollment or status in the institution;

(h) Firearms and Other Dangerous Weapons. Any possessioin of or use of firearms, dangerous weapons of any kind, or replica/toy guns, e.g. BB guns, pellet guns, paintball guns, water guns, cap guns, toy knives or other items that simulate firearms or dangerous weapons;

(i) Explosives, Fireworks, and Flammable Materials. The unauthorized possession, ignition or detonation of any object or article which could cause damage by fire or other means to persons or property or possession of any substance which could be considered to be and used as fireworks;

(j) Alcoholic Beverages. The use, possession, distribution, sale, or manufacture of alcoholic beverages, or public intoxication on TTU owned or controlled property, at a TTU sponsored event, or property owned or controlled by an affiliated clinical site is prohibited. This includes the violation of any local ordiance, state, or federal law concerning alcholoic beverages, on or off TTU owned or controlled property, where an affiliated group or organization has alcoholic beverages present and available for consumption. It also includes any violation of any term of the TTU Drug-Free Policy Statement; Pursuant to Tennessee Code Annotated 49-7-146, TTU is required to notify a parent of a student under age twenty-one (21) if the student "has committed a disciplinary violation" with respect to the use of posession of alcohol or a controlled substance that is a violation of any federal, state, or local law, or any rule or policy of TTU, except as prohibited by the Federal Education Rights and Privacy Act (FERPA). The trigger for notification will be 1) a plea of guilty to the applicable code of conduct violation, or 2) a final finding of guilt pursuant to the disciplinary procedures, including completion of an appeal.

(k) Drugs. The unlawful use, possession, distribution, sale or manufacture, of any drug or controlled substance (including any stimulant, depressant, narcotic, hallucinogenic drug or substance, or marijuana), being under the influence of any drug or controlled substance, or the misuse of legally prescribed or "over the counter" drugs on property owned or controlled by TTU; at a TTU sponsored event; on property owned or controlled by an affiliated clinical site is prohibited. This includes any violation of any term of the TTU Drug-Free Policy Statement. This offense includes the violation of any local ordinance, state, or federal law concerning the unlawful possession or use of drugs, on or off institution owned or controlled property. Pursuant to Tennessee Code Annotated 49-7-146, TTU is required to notify a parent of a student under age twenty-one (21) if the student "has committed a disciplinary violation" with respect to the use of possession of alcohol or a controlled substance that is a violation of any federal, state, or local law, or any rule or policy of TTU, except as prohibited by the Federal Education Rights and Privacy Act (FERPA). The trigger for notification will be 1) a plea of guilty to the applicable code of conduct violation, or 2) a final finding of guilt pursuant to the disciplinary procedures, including completion of an appeal.

(l) Drug Paraphernalia. The use or possession of equipment, products or materials that are used or intended for use in manufacturing, growing, using or distributing any drug or controlled substance. This offense includes the violation of any local ordinance, state, or federal law concerning the unlawful possession of drug paraphernalia, on or off institution owned or controlled property;

(m) Public Intoxication. Appearing on institution owned or controlled property or at an institutional sponsored event while under the influence of a controlled substance or of any other intoxicating substance;

(n) Gambling. Unlawful gambling in any form;

(o) Financial Irresponsibility. Failure to meet financial responsibilities to the institution promptly including, but not limited to, knowingly passing a worthless check or money order in payment to the institution;

(p) Unacceptable Conduct in Disciplinary Proceedings. Any conduct at any stage of an institutional disciplinary proceeding or investigation that is contemptuous, disrespectful, threatening, or disorderly, including false complaints, testimony or other evidence, and attempts to influence the impartiality of a member of a judicial body, verbal or physical harassment or intimidation of a judicial board member, complainant, respondent or witness;

(q) Failure to Cooperate with Institutional Officials. Failure to comply with directions of institutional officials acting in the performance of their duties;

(r) Violation of General Policies. Any violation of the general policies of the institution as published in an official institutional publication, including the intentional failure to perform any required action or the intentional performance of any prohibited action;

(s) Attempts, Aiding and Abetting. Any attempt to commit any of the offenses listed under this section or the aiding or abetting of the commission of any of the offenses under this section (an attempt to commit an offense is defined as the intention to commit the offense coupled with the taking of some action toward its commission). Being present during the planning or commission of any offense listed under this section will be considered as aiding and abetting. Students who anticipate or observe an offense must remove themselves from the situation and are required to report the offense to the institution;

(t) Violation of State or Federal Laws. Any violation of state or federal laws or regulations proscribing conduct or establishing offenses, which laws and regulations are incorporated herein by reference;

(u) Violation of Imposed Disciplinary Sanctions. Intentional or unintentional violation of a disciplinary sanction officially imposed by an institution official or a constituted body of the institution;

(v) Sexual Battery or Rape. Committing any act of sexual battery or rape as defined by state law;

(w) Harassment or Retaliation. Any act by an individual or group against another person or group in violation of TBR policies, as well as federal and/or state laws prohibiting discrimination, including, but not limited to, TBR policies 5:01:02:00,(F), 5:01:02:00, 2:02:10:01 and TBR Guideline P-080. All matters involving allegations of impermissible discrimination, harassment or retaliation will be governed by the procedures outlined in Tennessee Board of Regents Guideline P-080 Subject: Discrimination and Harassment -- Complaint and Investigation Procedure or an institutional policy that reflects the current requirements of that Guideline.

(x) Academic Misconduct. Plagiarism, cheating, fabrication. For purposes of this section the following definitions apply:

1. Plagiarism. The adoption or reproduction of ideas, words, statements, images, or works of another person as one's own without proper attribution,

2. Cheating. Using or attempting to use unauthorized materials, information, or aids in any academic exercise or test/examination. The term academic exercise includes all forms of work submitted for credit or hours,

3. Fabrication. Unauthorized falsification or invention of any information or citation in an academic exercise.

(y) Unauthorized Duplication or Possession of Keys. Making, causing to be made or the possession of any key for an institutional facility without proper authorization;

(z) Litter. Dispersing litter in any form onto the grounds or facilities of the campus;

(aa) Pornography. Public display of literature, films, pictures or other materials which an average person applying contemporary community standards would find, (1) taken as a whole, appeals to the prurient interest, (2) depicts or describes sexual conduct in a patently offensive way, and (3) taken as a whole, lacks serious literary, artistic, political or scientific value;

(bb) Abuse of Computer Resources and Facilities. Misuing and/or abusing campus computer resources including, but not limited to the following;

1. Use of another person's identification to gain access to institutional computer resources,

2. Use of institutional computer resources and facilities to violate copyright laws, including, but not limited to, the act of unauthorized distribution of copyrighted materials using institutional information technology systems,

3. Unauthorized access to a computer or network file, including but not limited to, altering, using, reading, copying, or deleting the file,

4. Unauthorized transfer of a computer or network file,

5. Use of computing resources and facilities to send abusive or obscene correspondence,

6. Use of computing resources and facilities in a manner that interferes with normal operation of the institutional computing system,

7. Use of computing resources and facilities to interfere with the work of another student, faculty member, or institutional official,

8. Violation of any published information technology resources policy,

9. Unauthorized peer-to-peer file sharing;

(cc) Unauthorized Access to Institutional Facilities and/or Grounds. Any unauthorized access and/or occupancy of institutional facilities and grounds is prohibited, including, but not limited to, gaining access to facilities and grounds that are closed to the public, being present in areas of campus that are open to limited guests only, being present in academic buildings after hours without permission, and being present in buildings when the student has no legitimate reason to be present;

(dd) Providing False Information. Giving any false information to, or withholding necessary information from, any institutional official acting in the performance of his/her duties in connection with a student's admission, enrollment, or status in the institution;

(ee) Unauthoized Survelliance. Making or causing to be made unauthorized video or photographic images of a person in a location in which that person has a reasonable expectation of privacy, without the prior effective consent of the individual, or in the case of a minor, without the prior effective consent of the minor's parent or guardian. This includes, but is not limited to, taking video or photographic images in shower/locker rooms, residence hall rooms, and men's or women's restrooms, and storing, sharing, and/or distributing of such unauthorized images by an means;

(ff) Smoking Violations. Violation of the TTU No Smoking and Tobacco-Free Campus Policy as outlined in the TTU Student Handbook on the TTU website. The use of any tobacco product on all university buildings and grounds; TTU-affiliated off-campus locations and clinics; and any buildings or properties owned, leased or rented by TTU in all other areas constitutes a violation.

(gg) Violations of conduct requirements described in handbooks for specific programs.

3. Disciplinary action may be taken against a student for violations of the foregoing policies which occur at or in association with enrollment at TTU for any academic period. Each student shall be responsible for his/her conduct from the time of application for admission through the actual awarding of a degree including periods prior to or between semesters. Conduct occurring while a student is registered or enrolled at the institution, but not discovered until after the awarding of a degree is actionable under these provisions and may result in the retroactive application of a disciplinary sanction. Should a student withdraw from the institution with disciplinary action or academic misconduct action pending, the student's record may be encumbered by the appropriate institutional office until the proceedings have been concluded.

1.3 Academic and Classroom Conduct

The instructor has the primary responsibility for maintenance of academic integrity and controlling classroom behavior, and can order the temporary removal or exclusion from the classroom of any student engaged in disruptive conduct or conduct that violates the general policies of the institution for each class session during which the conduct occurs. Extended or permanent exclusion from the classroom, beyond the session in which the conduct occurred, or further disciplinary action can be effected only through appropriate procedures of the institution.

(a) Classroom Instructor's Responsibilities and Jurisdiction.

1. The instructor, after informing the student of the charge of academic misconduct and of his right to a hearing, shall send a copy of the charge to the Office of the Vice President for Student Affairs. (Request for Hearing forms are available to the student in the Office of the Vice President for Student Affairs.)

2. The instructor may request a hearing before the College Academic Misconduct Committee if he/she believes that sanctions beyond an "F" or "zero" for the exercise or examination or an "F" in the course are warranted.

3. The Vice President for Student Affairs shall inform the instructor if the student has not signed a Request for Hearing form within seven (7) days or has signed a Waiver of Hearing form. The instructor may then assign an "F" or "zero" for the exercise or examination or an "F" in the course.

4. If the student has requested a hearing before the College Academic Misconduct Committee, and the Committee agrees that the evidence supports the charge, the instructor has the authority to assign an "F" or "zero" for the exercise or examination or to assign an "F" in the course.

5. If the student is instructed to appear before the University Academic Misconduct Committee, and the Committee agrees that the evidence supports the charge, the instructor has the authority to assign an "F" or a "zero" for the exercise or examination or an "F" in the course. The University Academic Misconduct Committee may impose additional sanctions.

6. If the deadline for submission of grades to the Office of Admissions and Records occurs prior to the time given to the student to sign the Waiver of Hearing form or prior to the meeting of the College Academic Misconduct Committee or the meeting of the University Academic Misconduct Committee, the instructor shall enter a grade of "I" which is to be removed by the end of the subsequent quarter.

(b) College Academic Misconduct Committee.

1. Jurisdiction.

(i) Upon the request of the student, a case of alleged academic misconduct shall be assigned to the College Academic Misconduct Committee from the academic unit in which the alleged offense occurred, except in cases referred to the University Academic Misconduct Committee.

(ii) A College Academic Misconduct Committee shall be established in each of the following academic units.

1. College of Agriculture and Human Sciences;

2. College of Arts and Sciences;

3. College of Business Administration

4. College of Education (including ROTC and Crafts Center);

5. College of Engineering;

6. School of Nursing.

(iii) Upon the request of the student, the College Academic Misconduct Committee shall provide a hearing for the student charged with academic misconduct by an instructor prior to the assigning of an "F" or a "zero" for the exercise or examination or an "F" in the course.

(iv) The College Academic Misconduct Committee shall provide a hearing solely to determine guilt or innocence.

(v) The decision of the College Academic Misconduct Committee is final.

2. Membership.

(i) The College Academic Misconduct Committee of each unit, except for the School of Nursing, shall consist of one (1) faculty member from each department within the unit, elected for a three (3) year term by the department, and one (1) student and one (1) student alternate majoring within the academic unit nominated by the President of the Student Government Association and appointed by the President of the University for a one (1) year term. The College Academic Misconduct Committee for the School of Nursing shall consist of three (3) faculty members elected for three (3) year terms and one (1) student and one (1) student alternate nominated by the President of the Student Government Association and appointed by the President of the University for a one (1) year term.

(ii) A quorum shall consist of three (3) members including the Chairperson of the College Academic Misconduct Committee, the faculty representative from the department in which the alleged offense occurred and the student representative or student alternate. In cases where a member of the College Academic Misconduct Committee is charging a student with academic misconduct, the alternate faculty member elected by the department for a three (3) year term shall serve on the College Academic Misconduct Committee. In cases where the Chairperson of the College Academic Misconduct Committee is charging a student with academic misconduct, he/she shall assign another member of the College Academic Misconduct Committee to serve as Chairperson.

(iii) The College Academic Misconduct Committee Chairperson shall be elected annually by the Committee members.

3. Support Services.

(i) The Office of the Vice President for Student Affairs shall provide the support services for the College Academic Misconduct Committee.

(ii) The Office of the Vice President for Student Affairs shall notify the Chairperson of the College Academic Misconduct Committee when a meeting is necessary and shall, after consultation with the Chairperson, notify the student, the instructor, and committee members of the date, time and place of the meeting.

(iii) A hearing before the College Academic Misconduct Committee shall be conducted in accordance with the University Procedures for Disciplinary Hearings.

4. Student's Responsibilities and Rights.

(i) The student shall be given up to seven (7) business days to request a hearing by signing a Request for Hearing form. This form is available in the Office of the Vice President for Student Affairs.

(ii) The student shall waive his/her right to a hearing by signing a Waiver of Hearing form, also available in the Office of the Vice President for Student Affairs, or by failing to sign a Request for Hearing form within seven (7) business days after being informed of the charge by the instructor.

(iii) The student shall be informed of the approximate hearing date and of the method by which he/she will be contacted by the Vice President of Student Affairs. A hearing before the College Academic Misconduct Committee shall be conducted in accordance with the University procedures for Disciplinary Hearings.

1. Jurisdiction.

(i) The University Academic Misconduct Committee shall hear cases of academic misconduct when sanctions may be warranted other than the temporary exclusion by an instructor from the class and/or the assigning of an "F" or a "zero" for an examination or exercise or an "F" in the course.

(ii) The instructor may request that the case be heard by the University Academic Misconduct Committee.

(iii) The Office of the Vice President for Student Affairs may request that the case be heard by the University Academic Misconduct Committee including but not limited to cases where the student has been found guilty on another occasion of academic misconduct.

(iv) The decision of the University Academic Misconduct Committee is final.

2. Membership.

(i) The University Academic Misconduct Committee shall consist of the chairperson of each College Academic Misconduct Committee and one (1) student and one (1) student alternate nominated by the President of the Student Government Association and appointed by the President of the University for a one (1) year term.

(ii) A quorum shall consist of five (5) members, including the Chairperson of the University Academic Misconduct Committee, the representative from the college in which the alleged offense occurred, and the student representative or the student alternate.

(iii) In cases where the college chairperson is making the charge against the student, the alternate member from the department shall serve on the University Academic Misconduct Committee.

(iv) In cases where the Chairperson of the University Academic Misconduct Committee is making the charge against the student, he/she shall appoint another member from the University Academic Misconduct Committee to serve as chairperson.

(v) The Chairperson of the University Academic Misconduct Committee shall be elected annually by the Committee.

3. The Office of the Vice President for Student Affairs shall present the case to the University Academic Misconduct Committee.

4. Support Services.

(i) The Office of the Vice President for Student Affairs shall provide the support services for the University Academic Misconduct Committee.

(ii) The Office of the Vice President for Student Affairs shall notify the Chairperson of the University Academic Misconduct Committee when a hearing is necessary and shall, after consultation with the chairperson, notify the student and committee members of the date, place, and time of the meeting.

(iii) A hearing before the University Academic Miscondcut Committee shall be conducted in accordance with the University Procedures for Disciplinary Hearings.

(d) "Tennessee Uniform Administrative Procedures Act".

1. In all cases which may result in suspension or expulsion from the University, a student who contests the charge of academic misconduct may elect to have the case disposed of under the Tennessee Uniform Administrative Procedures Act in accordance with the uniform contested case procedures adopted by the Tennessee Board of Regents or under the University procedures established by these policies.

2. Any such student accused of academic misconduct who elects to have the case disposed of under the University procedures established by these policies shall execute a written waiver or his/her right to a disposition of the case under the "Tennessee Uniform Administrative Procedures Act".

2. Plagiarism, cheating, and other forms of academic dishonesty are prohibited. Students guilty of academic misconduct, either directly or indirectly, through participation or assistance, are immediately responsible to their instructors. Based on their professional judgment, instructors have the authority to impose the following academic sanctions: (a) require the student to repeat the assignment for full or partial credit; (b) assign a zero, an F, or any other grade appropriate for the assignment or examination; (c) assign an F for the course. In addition, disciplinary sanctions may be imposed through the regular institutional procedures.

3. Students may appeal a grade assignment associated with a finding of academic misconduct, as distinct from a student disciplinary sanction, through appropriate institutional academic misconduct or grade appeal procedures. Courses may not be dropped pending the final resolution of an allegation of academic misconduct.

4. Disruptive behavior in the classroom may be defined as, but not limited to, behavior that obstructs or disrupts the learning environment (e.g., offensive language, harassment of students and professors, repeated outbursts from a student which disrupt the flow of instruction or prevent concentration on the subject taught, failure to cooperate in maintaining classroom decorum, etc.), text messaging, and the continued use of any electronic or other noise or light emitting device which disturbs others (e.g., disturbing noises from beepers, cell phones, palm pilots, lap-top computers, games, etc.).

5. Faculty establish class attendance and punctuality requirements, subject to state or federal laws, and inform students, through the published sylllabi for each course of those requirements, along with the consequences for failing to meet those requirements.

Students are expected to attend classes regularly and on time and are responsible for giving explanations/rationale for absences and lateness directly to the faculty member for each course in which they are enrolled.

In cases where student absences are the result of emergency circumstances (e.g., death in the family, a student's serious injury or incapacitating illness), for which students are unable to make immediate contact with faculty, the student may contact the Office of Student Affairs for assistance in providing such immediate notification to faculty. However, the student remains responsible for verifying the emergency circumstances to faculty and for discussing arrangements with faculty for completion of course work requirements.

1.4 Disciplinary Sanctions

Upon a determination that a student or organization has violated any of the policies or disciplinary offenses set forth in these Policies, the following disciplinary sanctions may be imposed, either singly or in combination, by the appropriate institution Officials.
Definition of sanctions.

(b) Warning. The appropriate institutional official may notify the student or student organization that continuation or repetition of specified conduct may be cause for other disciplinary action;

(c) Reprimand. A written or verbal reprimand or censure may be given to any student or student organization whose conduct violates any part of these policies and provides notice that any further violation(s) may result in more serious penalties;

(d) Service to the Institution or Community. A student, or student organization, may be required to donate a specified number of service hours to the institution performing reasonable tasks for an appropriate institution office, official(s), or the local community. The service required shall be commensurate to the offense (e.g., service for maintenance staff for defacing institutional property);

(e) Specified Educational/Counseling Program. A student or student organziation may be required to participate in specified educational or counseling program(s) relevant to the offense, or to prepare a project or report concerning a relevant topic;

(f) Apology. A student or student organization may be required to apologize to an affected party, either verbally or in writing, for the behavior related to a disciplinary offense;

(g) Fines. Penalties in the form of fines may be imposed against a student or student organization whenever the appropriate institutional authority deems appropriate. The sanction of fines may be imposed in addition to other forms of disciplinary sanctions. Failure to pay fines may result in further disciplinary action;

(h) Restriction. A restriction upon a student's or student organization's privileges for a period of time may be imposed. This restriction may include, for example, denial of the ability to represent the institution at any event, ability to participate in institution or TBR sponsored travel, use of facilities, parking privileges, participation in extracurricular activities or restriction of organizational privileges;

(i) Probation. Continued enrollment of a student or recognition of a student organization on probation may be conditioned upon adherence to these policies. Any student or organization placed on probation will be notified in writing of the terms and length of the probation. Probation may include restrictions upon extracurricular activities, or any other appropriate special condition(s). Any conduct in further violation of these policies while on probationary status or the failure to comply with the terms of the probationary period may result in the imposition of further disciplinary action;

(j) Suspension. Suspension is the separation of a student or student organization from the institution for a specified period of time. Suspension may be accompanied by special conditions for readmission or recognition. A student or organization that has been suspended may not enter institution property or facilities without obtaining prior approval from an appropriate campus official with knowledge of the suspension directive;

(k) Expulsion. Expulsion entails a permanent separation from the institution. The imposition of this sanction is a permanent bar to the student's admission, or a student organization's recognition to the institution. A student or organization that has been expelled may not enter institution property or facilities without obtaining prior approval from an appropriate campus official with knowledge of the expulsion directive;

(l) Revocation of Admission, Degree, or Credential;

(m) Interim Suspension. As a general rule, the status of a student or student organization accused of violation of these policies should not be altered until a final determination has been made in regard to the charges. However, interim suspension, pending the completion of disciplinary procedures, may be imposed upon a finding by the appropriate institutional official that the continued presence of the accused on campus constitutes an immediate threat to the physical safety and well-being of the accused, any other member of the institution its guests, property, or substantial disruption of classroom or other campus activities. In any case of interim suspension, the student, or student organization, shall be given an opportunity at the time of the decision, or as soon thereafter as reasonably possible, to contest the suspension;

(n) Housing Probation. Continued residence in campus or student housing may be conditioned upon adherence to these policies as well as institutional housing policies. Any resident placed on housing probation will be notified in writing of the terms and length of the probation. Probation may include restrictions upon the activities of the resident, including any other appropriate special condition(s);

(o) Housing Suspension and Forfeiture. Separation of a resident from the University-owned or controlled residence halls and/or apartments for a definite period of time, after which the student is eligible to return. A resident suspended from housing may not reside, visit, or make any use whatsoever of a housing facility or participate in any housing activity during the period for which the sanction is in effect. A suspended resident shall be required to forfeit housing fees (including any unused portion thereof and the Housing Deposit). A suspended resident must vacate the housing unit. Housing suspension shall remain a part of the student resident's disciplinary record;

(p) Referral to the University Counseling Center. The student is mandated to visit the University Counseling Center for an initial evaluation and follow through on any prescribed treatment program. A condition of this sanction would be that the student would sign a release of information, allowing feedback to the Dean of Students Office relative to compliance of the student with the treatment plan, progress toward completion of goals, and overall cooperation. If the prescribed treatment plan necessitates the student being referred to a community agency, the release of information would allow the Counseling Center to receiver feedback. The Counseling Center would then brief the Dean of Students;

(q) Witholding of Degree. The awarding of a degree may be withheld unitl all disciplinary processes are complete and all sanctions, if any, are satisfactorily completed;

(r) Alcohol and drug counseling/rehabilitation. Mandatory participation in and satisfactory completion of a drug or alcohol abuse program, or rehabilitation program;

(s) Any alternate sanction deemed necessary and appropriate to address the misconduct.

3. The President of TTU is authorized, at his or her discretion, to intervene in order to negotiate a mutually acceptable resolution to any disciplinary proceeding, or, subsequently, to convert any sanction imposed to a lesser sanction, or to rescind any previous sanction, in appropriate cases.

4. General Policies Pertaining to Disciplinary Sanctions

(a) Disciplinary Probation and Suspension must be assigned for a definite period of time and must be assigned to coincide with the academic semester in the University calendar. All sanctions must become effective immediately upon completion of all appellate procedures.

1. At a certain time within each academic semester, policy permits a Council to recommend a delay of the Suspension until the end of that term provided that continued enrollment is not a danger to the University.

2. If it is the Council’s intent to assign a full semester of Disciplinary Probation and there are only one or two weeks remaining in the present semester, generally the Probation will be assigned for the remainder of the present semester and the next semester.

(b) If it is known that a student will not be enrolled during the next semester, e.g., Summer Semester, then the Probation may be assigned for that semester plus an additional semester. A student, even though he is not enrolled at the University for the semester in question, may be on Probation for that semester since he is still subject to certain policies of the University.

(c) Disciplinary Probation may involve loss of participation in extracurricular activities and/or loss of certain awards, loans, etc. These added stipulations to the Probation should only be assigned under very specific circumstances as described below.

1. If a student has engaged in a violation of University Policies in order to obtain a loan or an award or a scholarship, then the loss of those awards or monies may be part of the recommended sanction.

2. The loss of participation in extracurricular activities should be assigned only when that extracurricular activity was involved with or closely related to the infraction.

(d) Under present procedures, Disciplinary Probation does not require that a student report periodically to any office of the University unless specifically requested to do so as a condition of the Probation. A Council assigning the sanction may consider the addition of such a condition if the Probation is to run more than one term and if the Council feels that the student would need a reminder and a reinforcement of the conditions of the Probation period.

(e) With the exception of Disciplinary Probation, Loss of Privilege and Restitution, the sanctions are generally not repeatable. For example, once a person has received a Disciplinary Warning, he would probably receive a more severe sanction if he is involved in additional violations. Also, once a student is suspended from the University, if he returns and is involved in a violation of policies, then he could possibly receive a more severe sanction. Loss of Privilege and Restitution as additions to other sanctions may be repeated as often as necessary.

(f) Readmission Procedures for Students under Disciplinary Suspension. Suspension is assigned for a specified period of time and excludes the student from registration, class attendance, residence on campus, and use of University facilities. When the period of suspension is terminated, the student is considered for registration in compliance with academic standards then in effect.

1. The student is required to submit an Application for Readmission form either in person or by mail.

2. The student is required to submit a personal letter of application to the Dean of Students, and should state:

(i) Reasons why he feels he should be reinstated;

(ii) In detail, the nature of the individual’s activities since being separated from the University; and

(iii) The reasons why the individual believes he would be able to abide by the policies of the University if he is permitted to reenroll.

(g) If a student is found guilty of a charge, precedents (sanctions that have been assigned in similar cases in the past) should be given considerable weight in assigning a sanction unless there are very special circumstances that make the case different from those that have received the precedent sanction.

(h) Residential Life Probation. A resident of either the University-owned or controlled residence halls and/or apartments placed on residential life probation is deemed not to be in good standing with the Residential Life Community, and his or her continued residence is contingent on compliance with the student code of conduct and the residence hall or apartment agreements. Any resident placed on residential life probation shall be notified in writing of the length and any terms of the probation. Any conduct of a similar or more serious nature in violation of the probation shall result in suspension from the residence halls or apartments.

(i) Residential Life suspension. Separation of a resident from the University-owned or controlled residence halls and/or apartments for a definite period of time, after which the student is eligible to return. A student suspended from the University-owned or controlled residence halls and/or apartments may not reside in, visit, or make any use whatsoever of a residential life facility or participate in any residential life activity during the period of time for which the sanction is in effect. A resident suspended from the University owned or controlled residence halls or apartments must vacate the residential life unit within forty-eight (48) hours. The suspended resident will forfeit residential life fees -- any unused portion thereof and any deposit and/or prepayment. Condtions for readmission may be specified.

5. The Federal Campus Sex Crimes Prevention Act and the Tennessee College and University Campus Sex Crimes Prevention Act of 2002

The federal Campus Sex Crimes Prevention Act and the Tennessee College and University Campus Sex Crimes Prevention Act of 2002 require that whenever a sex offender becomes employed, enrolls as a student or volunteers at an institution of higher education in the state of Tennessee, he or she must complete or update the Tennessee Bureau of Investigation (TBI) sexual offender registration / monitoring form and deliver it to TBI headquarters in Nashville. As defined in section 40-39-201 et seq. of the Tennessee Code, a "sexual offender" means a person who is, or has been, convicted in this state of committing a sexual offense or who is, or has been, convicted in another state or another county or who is or has been convicted in a federal or military court, of committing an act that would be constituted a sexual offense if it had been committed in this state. A "sexual offense" means the commission of acts including but not limited to aggravated and statutory rape, sexual battery, sexual exploitation of a minor, aggravated prostitution, and kidnapping.
Both acts designate certain information concerning a registered sexual offender as public information and therefore amend and supercede the Family Educational Rights and Privacy Act (FERPA) and other federal and state laws that previously prohibited the disclosure of such personal information. Since the laws require the publication of information pertaining to sexual offenders employed, enrolled or volunteering at an educational institution, said publication does not constitute grounds for a grievance or complaint under institutional or Tennessee Board of Regents policies or procedures.
In compliance with the federal Campus Sex Crimes Prevention Act and the Tennessee College and University Campus Sex Crimes Prevention Act of 2002, members of the campus community may obtain the most recent information received from the Tennessee Bureau of Investigation (TBI) concerning sex offenders employed, enrolled or volunteering at this institution at the TTU Police Department. Information is also available on the TBI's web site listing of sex offenders located on the internet at http://www.ticic.state.tn.us/SEX_ofndr/search_short.asp

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