Student Disciplinary Policies

Table of Contents

1.1  Institutional Policy Statement
1.2  Disciplinary Offenses
1.3  Academic and Classroom Misconduct
1.4  Disciplinary Sanctions
1.5  Traffic and Parking
1.6  Disciplinary Procedures

1.1 INSTITUTION POLICY STATEMENT

(1) 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.

(2) Pursuant to this authorization and in fulfillment of its duties to provide a secure and stimulating atmosphere in which individual 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.

(3) 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.

(4) 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.

(5) 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 organization while acting in their capacity as members of, or while attending or participating in any activity of, the organization.

(6) 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

(1) Institutional disciplinary measures shall be imposed, through 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.

(2) 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 including 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 possession 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 would 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 ordinance, state, or federal law concerning alcoholic 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 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.

(k) Drugs. The unlawful use, possession, distribution, sale or manufacture, of any drug or controlled substance (including any stimulant, depressant, narcotic, or 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 listed 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) Violations 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. Misusing 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) Unauthorized Surveillance. 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 any 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 MISCONDUCT

(1) 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.

(c) University Academic Misconduct Committee.

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 Misconduct 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 of 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 syllabi 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

(1) 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.

(2) Definition of Sanctions:

(a) Restitution. Restitution may be required in situations which involve destruction, damage, or loss of property, or unreimbursed medical expenses resulting from physical injury. When restitution is required, the student or student organization is obligated by the appropriate judicial authority to compensate a party or parties for a loss suffered as a result of disciplinary violation(s). Any such payment in restitution shall be limited to actual cost of repair, replacement or financial loss;

(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 organization 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 receive feedback. The Counseling Center would then brief the Dean of Students.

(q) Withholding of Degree. The awarding of a degree may be withheld until 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 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. Conditions for readmission may be specified.

1.5 Traffic and Parking

(1) General Information.

(a) These policies were established through the cooperative endeavors of the Student Government Association, Committee on Traffic and the administrative officials of the University.

(b) The University reserves the right to regulate the use of motor vehicles on the campus and to forbid the use of a motor vehicle by any person whose conduct in any way indicates that he/she is not complying with the University policies. The observance of these policies is indicative of good citizenship on the part of the student or employee of the University. In addition, all federal, state and local laws governing the operation of a motor vehicle must be observed.

(c) The University assumes no financial responsibility for theft or damage to motor vehicles or their contents when the vehicles are parked or operated on the campus, or elsewhere.

(d) The driver and/or owner of the TTU parking permit shall be held responsible for all parking citations issued against the vehicle. Moving violations will be charged to the operator of the vehicle.

(e) The use of loud mufflers or other unusual noise-making devices on motor vehicles is not permitted on campus.

(f) Stop signs, signals, crosswalks and other regulator devices will be observed at all times. Pedestrians shall have the right of way at all designated crosswalks and campus street intersections.

(g) A citation for a traffic violation should not be discussed with the police officer as he has no authority to settle the matter(s) once a ticket has been issued. Such matter(s) should be taken directly to the Tennessee Tech Police Department.

(h) A student's possession and use of a motor vehicle on the campus is a privilege which may be revoked for reasons by designated University officials. Such reasons may include:

1. Possession or use of alcoholic beverages or drugs while operating a vehicle.

2. Irresponsible operation of a vehicle.

3. Leaving the scene of an accident.

4. Failure to report an accident involving personal injury or property damage.

5. Excessive violations of policies.

6. Falsifying vehicle registration or gaining such registration under false pretense

(2) Registration of Automobiles/Permits/Decals.

(a) Campus registration of motor vehicles for faculty, staff and students full-time, part-time, and night is required for Fall Semester and must be maintained throughout the year. Vehicles must be registered during the week of general academic registration as listed in the catalog or immediately after the vehicle is brought to the campus. Registration is required to operate a vehicle on campus any time of day or night, including weekends. Faculty and staff will have a choice of stick-on or hangtag permits. These policies are also applicable to persons with disabled registration status. Disabled registration may only be used by the person it has been issued to. Disabled registration can only be obtained through the County Clerk's Office.

(b) The motor vehicle registration decal must be obtained and affixed permanently (cannot be taped) to the left rear bumper or the left rear glass of the vehicle. Hang-tag permits must be hung on the stem of the rear view mirror. Those decals not affixed properly will be regarded as void; the owner of the vehicle will be cited for failure to display a decal.

(c) All Faculty, Staff or Students operating a vehicle on campus on a temporary basis, as a substitute for a permanently registered vehicle, may be issued a temporary permit upon application to the Tennessee Tech Police Department. Students who bring their vehicles on campus during the last week of the semester only need not permanently register their vehicles, but must secure a temporary permit for that week. Temporary permits issued to those who do not have a permanent registration will be limited to one week. Others will be issued for two weeks.

(d) Motorcycles will be registered as motor vehicles and the special stick-on permit will be affixed to a prominent place on the vehicle. Mopeds need not be registered.

(e) All employees (Faculty and Staff) should register vehicles preceding fall registration or immediately after arriving on campus. Vehicle registration must be completed by the end of the first week of Fall Semester.

(f) Faculty, Staff and Students are issued color-coded permits indicating their proper parking area. Faculty and staff are not authorized to furnish parking permits to students except students who are spouses of the family of faculty or staff member. Also, permits will not be provided by the registrant to other faculty/staff member.

(g) Faculty and staff may only purchase one (1) permit with the following exceptions: Employee and spouse live on campus or have convertible/soft top car or motorcycle as alternate vehicle. The vehicle registration fee per permit, for Administrative Staff and Faculty, gold in color, will be fifty dollars ($50.00) for Fall Semester, thirty dollars ($30.00) for Spring Semester, ten dollars ($10.00) for Summer Semester. The vehicle registration fee, per permit, for Clerical and Support Staff, purple in color, will be twenty dollars ($20.00) for Fall Semester, twelve dollars ($12.00) for Spring Semester, and seven dollars ($7.00) for Summer Semester. The charge for replacement of lost or stolen hang tags for Administrative Staff, Faculty, and Clerical and Support Staff will be twenty dollars ($20.00) for Fall Semester, twelve dollars ($12.00) for Spring Semester, seven dollars ($7.00) for Summer Semester. The initial student permit is included in the General Access Fee. Each additional permit will be fifty dollars ($50.00) for Fall Semester, thirty dollars ($30.00) for Spring Semester, and ten dollars ($10.00) for Summer Semester. The charge for replacement of a lost or stolen hang tag will be twenty dollars ($20.00) for Fall Semester, twelve dollars ($12.00) for Spring Semester, and seven dollars ($7.00) for Summer Semester. Permits will be replaced free of charge only when the numbers are returned intact to the Tennessee Tech Police Department.

(h) No individual is allowed to give, loan, furnish or sell a parking permit to another individual. Each student must purchase his or her own permit to retain the privilege of driving a vehicle on campus. Faculty and staff are not permitted to give, loan, furnish or sell a parking permit to anyone other than his or her spouse.

(i) Non-students attending Tennessee Tech, such as Nashville Tech EMTs and Paramedics, will be charged fifty dollars ($50.00) in the Fall Semester, thirty dollars ($30.00) in the Spring Semester and ten dollars ($10.00) in the Summer Semester.

(3) Parking.

(a) The University parking lots are divided into six (6) different areas, color-coded on the map contained in the TTU Parking Regulations brochure. These areas have been established to provide convenience to the maximum number of University members and to keep intra-campus traffic to a minimum.

(b) Parking areas are marked by color-coded signs that match the color-coded permits indicating the area in which the particular vehicle may be parked. Vehicles parked outside these areas will be cited for illegal parking.

(c) Parking restrictions in the color-coded areas are effective from 7:45 a.m. to 4:30 p.m., Monday through Friday, except when school is officially out of session. (School is officially in session the first day of registration and is officially out the day of Commencement.) Tech Village parking restrictions are enforced on a 24-hour-a-day basis. Visitors may park in the area of the Tech Village Community Center

(d) Parking spaces marked for the President, Residential Life hall directors, Residential Life assistant coordinators, Residential Life faculty head, campus police and disabled are reserved on a 24-hour basis each week. Visitors and 30 minute parking spaces are effective from 7:45 a.m. to 4:30 p.m. each day that the University is officially open, except east dorms where 60 minute parking is in effect daily from 7:30 a.m. until 12:00 midnight.

(e) At no time are motor vehicles to be parked where curbs, sidewalks, or crosswalks are marked by yellow painting. Likewise, vehicles are to be parked within marked stalls and not to protrude into another stall or marked space. Vehicles are not permitted to back into parking spaces.

(f) Disabled vehicles will not be allowed to remain on campus beyond a reasonable time, not to exceed thirty (30) days, and will be towed at the owner's expense.

(g) Vehicle parked longer than the allotted time will be charged with an overtime violation. Timed parking is enforced from 7:45 a.m. to 4:30 p.m., Monday through Friday, except when school is officially out. Unregistered vehicles are not permitted to park in the timed parking areas. It shall not be permitted for the owner or operator of a vehicle to park or allow his or her vehicle to be parked in a parking space regulated by timed parking for more than the allotted time.

(h) Motorcycles should park in spaces marked for motorcycles and should park in their assigned lot.

(i) Trailers, boats, and similar vehicles will not be parked anywhere on campus without specific approval of the Director of Tennessee Tech Police Department, in such spaces that may be designated.

(j) Any vehicle bearing a valid Tennessee Tech parking permit may park in the "Open Parking" lots located at various locations as detailed in the color-coded map in this brochure.

(k) Vehicles will be towed from campus streets, parking lots or other areas when parked in violation of these policies or left in such a way as to create a safety hazard to persons or property. The cost of removal will be paid by the registrant or owner.

(I) Vehicles blocking dumpsters, fire lanes, wheelchair ramps, sidewalks or parked in driveways in such a manner that would obstruct the traffic flow or block a parked vehicle will be cited for illegal parking or towed at owner's expense.

(m) Visitors' parking spaces are reserved for persons visiting the campus on official business; therefore, vehicles bearing University decals or operated by faculty, staff and students of the University are not permitted in these spaces between 7:45 a.m. and 4:30 p.m., Monday through Friday.

(n) Students, faculty and staff who have physical disabilities may request a special parking permit from Health Services or a personal physician in order to park as near to their classrooms or work area as possible. Persons with Tennessee state or TTU Disabled Registration may park in any legal parking space.

(o) All vehicles bearing west dorm parking permits must park in the west dorm or open parking lots.

(p) Vehicles bearing commuter parking permits will park in the commuter or open parking lots. All students in Tech Village must display a valid parking permit on their vehicles. The parking permit will be orange in color. When parking on the Tennessee Tech campus, the Tech Village residents are allowed to park in the commuter or open parking lots.

(q) All vehicles bearing east dorm parking permits must park in the parking lot on the east side of the east dormitories or in the open parking lots. This includes hall directors of east dorms.

(r) Each visitor operating a vehicle on campus must abide by all policies even though the person is not a student or employee.

(s) In case of flagrant or repeated parking violations resulting in the towing of a vehicle from the campus, the owner or registrant shall pay the towing costs.

(t) Vehicles that have received two or more tickets and cannot be identified as being associated with Tennessee Tech University will be restrained by a wheel lock in order to identify the owner

(u) The University reserves the right to tow any vehicle that is improperly marked.

 (4) Traffic.

(a) TTU officers will issue city citations for speeding, which will count against your driving record. The speed limit on campus is 15 miles per hour, except where otherwise posted. Speeding or improperly operating a vehicle (squealing tires, sliding the vehicle, etc.) are serious safety hazards and persons responsible will be cited for the violation.

(b) Speeding and/or reckless driving on the campus is a violation of safety standards. Violators will be disciplined and/or prosecuted.

(c) Passing another vehicle which is moving at the posted speed on campus streets and drives is prohibited.

(d) All vehicles must come to a complete stop at intersections where stop signs are located, painted on the street, or mounted on a post.

(e) Motorists must yield right-of-way to pedestrians.

(f) Vehicles must pull over, come to a complete stop and yield right-of-way to all emergency vehicles with flashing lights.

(g) Bicycles and Mopeds must use the extreme right side of the roadways and streets and obey all traffic signals and signs. They will not be taken into buildings or parked on sidewalks or within areas where they will interfere with pedestrians or motor vehicles traffic. Students are encouraged to use bicycle racks located conveniently about the campus. Bicycles may be registered with the Tennessee Tech Police Department.

(5) Fines/Penalties.

(a) Violations of the motor vehicle policies will subject the registrant, owner, or violator to a penalty and/or disciplinary action. The following examples indicate the types of violations that will be penalized but are not considered "all inclusive."

1. Registration -Vehicles not registered; permit not properly affixed; unauthorized possession of registration decal; falsification of registration information.

2. Parking -In areas not assigned for parking, reserved spaces, no parking zones, or service drive; in hazardous position; within twenty-five feet of a fire hydrant or on grassed areas.

(b) Penalties

1. Registration Violations

(i) Permit not properly affixed or displayed while parked in an unassigned area. (Does not include the $20.00 fine which will be progressive for parking in unassigned area) -$25.00

(ii) Permit not properly affixed or displayed but parked in his/her assigned area -$5.00

(iii) Failure to register a vehicle -$25.00

(iv) Displaying a hang tag registered to another person -$35.00.

(v) An expired temporary tag will be charged as a No Decal Violation. The violation charge will be $25.00 if parked in an Unassigned Area (plus violation charge for Unassigned Area) or $5.00 if parked in your designated parking lot.

(vi) Altered temporary tag -$5.00 / altered permanent tag -$35.00.

2. Lawful Request: Students refusing a lawful request from a Campus Police officer to remove vehicles from unassigned parking areas will be referred to the Director of Safety and Environmental Services, and faculty and staff will be referred to the appropriate administrative officer for possible disciplinary action.

3. Violations

(i) Parking

Ticket       Amt.      Cum. Total

1              $15        $15

2              25          40

3              35          75

4              45          120

5              55          175

6              65          240

7              75          315

8              85          400

9              95          495

10            105        600

(ii) Moving

Ticket       Amt.      Cum. Total

1               $30       $30

2               60         90

3               90         180

(iii) Timed Parking

Ticket       Amt.      Cum. Total

1              $ 5         $ 5

2              10          15

3              15          30

4              20          50

5              25          75

6              30          105

7              35          140

8              40          180

9              45           225

10            50           275

(iv) Fire lane

Ticket       Amt.       Cum. Total

1               $25         $25

2               50           75

3               50           125

4               50           175

5               50           225

6               50           275

7               50           325

8               50           375

9               50           425

10             50           475

(v) Parking in Unassigned Area*

Ticket       Amt.        Cum. Total

1               $20          $20

2               30            50

3               40            90

4               50            140

5               60            200

6               70            270

7               80            350

8               90            440

9               100          540

10             110          650

* Fines for disabled parking area violations are established by statute. The fine amount will be adjusted and published as required to remain compliant with state law.

(vi) The fourth violation within any academic semester may result in the motor vehicle registration being revoked by the Director of University Police for a period of six months or the remainder of the academic year, whichever is greater.

(vii) Fines for violations are accumulated by semester. At the beginning of each semester, fines start at ticket No. 1.

(6) Appeals.

(a) Composition of Appeals Committees:

1. The Student Traffic Appeals Committee is composed of nine (9) SGA Supreme Court members with a quorum of five (5) members present. This Committee meets on an as-needed basis with a minimum of one meeting per month.

2. The Faculty and Staff Traffic Appeals Committee is composed of seven (7) faculty and staff members appointed by the President of the University, with a quorum of five (5) members present. The Committee meets on an as-needed basis with a minimum of one meeting per semester (fall and spring).

(b) Procedure:

1. A citation received by a student may be appealed to the Student Traffic Appeals Committee within fifteen (15) business days. Appeals are made if the student feels the citation was issued unfairly or without justification. Appeal forms are provided by the University Police Office. Appeals made later than the fifteen (15) days following issuance will not be considered.

2. Citations received by Staff and Faculty may be appealed within fifteen (15) business days of issuance to the Faculty and Staff Traffic Appeals Committee. Appeals are made if the faculty or staff member feels the citation was issued unfairly or without justification. Appeal forms are available in the Tennessee Tech Police Department and departmental chairpersons' and deans' offices.

3. If the student, faculty or staff member still feels that the citation was issued unfairly or without justification, the levels of appeal are as follows:

(i) Within two (2) business days to the Director of University Police. The Director will make a determination within two (2) business days and immediately convey the decision to the student, faculty or staff member.

(ii) Within two (2) business days to the Director of Safety and Environmental Services and the Director of Safety and Environmental Services will make a determination within two (2) business days and immediately convey the decision to the student, faculty or staff member.

(iii) Within two (2) business days to the Vice President for Planning and Finance and the Vice President will make a determination within ten (10) business days and immediately convey the decision to the student, faculty or staff member.

(iv) Within two (2) business days to the President of the University and the President will make a determination within ten (10) business days and immediately convey the decision to the student, faculty or staff member. The decision of the President is final.

1.6 Disciplinary Procedures

(1) General: In the implementation of TBR regulations pertaining to discipline and conduct of students, TTU shall insure the constitutional rights of students by affording a system of constitutionally and legally sound procedures which provide the protection of due process of law. In furtherance of this mandate. TTU has enacted policies in compliance with TBR Policy 3:02:01:00, as well as applicable state and federal law. All disciplinary procedures are affirmatively communicated to the faculty, staff, and students of TTU as well as published in appropriate websites, handbooks, or manuals.

(2) TUAPA: Hearings Conducted under the "Tennessee Uniform Administrative Procedures Act".

(a) All cases which may result in: (a) suspension or expulsion of a student, or student organization, from the institution, for disciplinary reasons or (b) revocation of registration of a student organization, are subject to the contested case provisions of the Tennessee Uniform Administrative Procedures Act (TUAPA), T.C.A. § 4-5-101 et seq., and shall be processed in accord with the Uniform Contested Case procedures adopted by the Board of Regents unless the student or organization, after receiving written notice, waives those procedures and elects to have the case disposed of in accord with institutional procedures or waives all right to contest the case under any procedure.

(b) The University shall be represented by a Director, appointed by the President, or by the Office of the General Counsel for the Tennessee Board of Regents. Any recommendation(s) made by the hearing body shall be forwarded directly to the President of the University. A student who wishes to appeal the findings and/or recommendation of the hearing body must submit his written appeal to the President of the University within two (2) business days. The President will make a determination within five (5) business days. The decision of the President is final.

(3) Institutional Procedures:

(a) The Disciplinary System is a policy means of implementing adjudication procedures for any student accused of violating the policies which govern the behavior of all members of the University community. The Disciplinary System permits cases of alleged student misconduct, except for cases relating to academic and classroom misconduct, to be considered by the Dean of Students, the University Student judicial Council, the University Judicial Council, or the Tennessee Uniform Administrative Procedures Act (TUAPA). Choice of hearing councils, other than the TUAPA, shall be assigned at the option of the student(s) except during periods when one council is not available, at which time the case(s) shall be referred to the available council by the Dean of Students. During the periods when the councils are not available (usually during the Summer Academic time periods), the Dean of Students shall appoint and train a student hearing body and a faculty/administrative staff hearing body to offer hearing options for students.

(b) Disciplinary Complaints. The Dean of Students shall have responsibility for receiving complaints against any student from members and agencies of the University, from local and state agencies, and from the general citizenry. Subsequent to an investigation, complaints which appear to be substantially indicative of a violation of University policies shall be reason for the Dean of Students to charge the student.

(c) Notice of Charges.

1. The student shall be informed of the charge(s) against him by the Office of the Dean of Students in writing sufficiently in advance of the hearing to afford a reasonable opportunity to prepare his/her defense. This notification is in the form of a letter either given to the student during a prehearing interview or delivered by certified mail or campus certified mail if the student cannot be contacted by phone. In the latter case, the accused is required to contact the Office of the Dean of Students within a forty-eight (48) hour period after receipt of the charge(s) or the next full working day if the forty-eight (48) hour period ends on a weekend or holiday.

2. The charges shall be composed of a statement of the violation(s) of University Policies and a formal description of the alleged behavior, including time, date and place of occurrence if such information is available. The student also shall be informed of his rights, together with a statement of the hearing procedures and possible sanction.

(4) Institutional Hearings:

(a) Prehearing Interview.

1. When a student is charged with the violation of University Policies, the Dean of Students or his designee conducts a pre-hearing interview. The pre-hearing interview is a face-to-face interview with the student and shall be conducted unless the student is absent from campus. In the latter situation, the elements of the pre-hearing shall be presented both by correspondence and telephone.

2. During the prehearing interview, the student:

(i) Shall receive the charges against him providing the charges were not sent by mail;

(ii) Shall have the charges explained, in terms of date, times, incidents, and evidence;

(iii) Shall have the disciplinary system of the University explained , including a complete explanation of the sanctions and the procedures for disciplinary hearings, his rights and privileges during hearings and the procedures for appeal or review;

(iv) Shall receive a copy and explanation of the University Disciplinary Policies;

(v) Shall be asked to sign a statement indicating receipt of the above document (or the receipt shall be witnessed);

(vi) Shall be informed in writing of his rights to have his case heard by a hearing body and given the opportunity to request a council hearing in writing;

(vii) May request, in writing, a hearing before the Dean of Students if he/she does not contest the validity of the charges made against him/her, and if he/she waives, in writing, a council or TUAPA hearing, if applicable;

(viii) Shall be informed of the approximate hearing date and of the method by which he/she will be contacted by the Office of the Dean of Students. (The student shall be informed that the Dean of Students shall be his/her contact for information on the status of his/her case.)

(b) Prior to the Hearing.

1. The notification of the approximate hearing date should permit the student up to five (5) business days to prepare his/her defense and contact witnesses. The Dean of Students, in unusual cases, may grant an extension. A hearing may be held during the five (5) days if the student agrees and if a hearing council can be scheduled, with the exception of a TUAPA hearing. The Dean of Students will assist the student in producing witnesses when reasonable or obtaining statements from witnesses if the witnesses are members of the University community. The hearing shall be conducted in accordance with the procedures established in these policies. All reasonable attempts shall be made to provide a student with a minimum of twenty four (24) hours prior notification of the exact time, date, and place of the hearing. The student should have a reasonable opportunity to prepare a defense and contact witnesses.

2. The student shall be given the choice to determine whether the case will be referred to the Student Judicial Council or referred to the University Judicial Council.

(c) Hearings Conducted by the Dean of Students.

1. Jurisdiction. The Dean of Students may hear personally a case against a student under the following conditions:

(i) The student must request in writing that the case be heard by the Dean of Students;

(ii) The student must be informed in writing, and must waive in writing , his right to have the case heard by the Student Judicial Council or the University Judicial Council ; and

(iii) The student does not contest the validity of the charge(s) made against him.

(iv) A hearing will be scheduled within ten (10) business days after the student selects a hearing body.

(v) A decision by the hearing body will be conveyed to the student within two (2) business days.

2. Sanctions. The Dean of Students may impose any sanction provided for in University sanctions; the sanction of expulsion shall be in the form of a recommendation to the President.

3. Appeals:

(i) The student shall have two (2) business days in which to request an appeal of the case. The appeal shall be given to the Dean of Students and the Dean will give it to the Vice President of Student Affairs who must make a determination within five (5) business days.

(ii) If a student is dissatisfied with the Vice President's decision, the student may appeal to the President within two (2) business days. The President must make a determination within five (5) business days. The decision of the President is final.

(iii) If there is no request for an appeal within two (2) business days, the Dean of Students shall implement his recommendation(s).

(iv) Notification of the results of the appeal may either be given personally or by certified mail to the last known address as maintained by the office of the Dean of Students.

(d) Hearings Conducted by the University Student Judicial Council.

1. Composition.

(i) Composed of nine (9) SGA Supreme Court members with a quorum of five (5) members present.

(ii) Members to begin serving upon being sworn into office, spring semester.

(iii) Chairman to be elected from Council membership by the Council.

2. Jurisdiction. The University Student Judicial Council shall have jurisdiction over cases of alleged violations of University policies referred to the Council by the Dean of Students. The jurisdiction of the University Student Judicial Council shall include:

(i) Cases where the accused student does not plead guilty to the charge(s);

(ii) Cases where the accused student does not plead guilty but elects a Council hearing;

(iii) Cases where the accused student does plead guilty to the charge(s) but the Dean of Students prefers that the case be heard by a hearing body.

(iv) A hearing will be scheduled within ten (10) business days after the student selects a hearing body.

(v) A decision by the hearing body will be conveyed to the student within two (2) business days.

3. Sanctions. The University Student Judicial Council may recommend any sanction(s) provided for in University Sanctions. The recommendation(s) shall be forwarded to the Dean of Students, as provided for in the Procedures for Appeal and Review.

4. Appeals:

(i) The student shall have two (2) business days in which to request an appeal of the case. The appeal shall be given to the Dean of Students and the Dean will give it to the Vice President of Student Affairs who must make a determination within five (5) business days.

(ii) If a student is dissatisfied with the Vice President's decision, the student may appeal to the President within two (2) business days. The President must make a determination within five (5) business days. The decision of the President is final.

(iii) If there is no request for an appeal within two (2) business days, the Dean of Students shall implement the recommendation(s) of the hearing body.

(iv) Notification of the results of the appeal may either be given personally or by certified mail to the last known address as maintained by the office of the Dean of Students.

(e) Hearings Conducted by the University Judicial Council.

1. Composition.

(i) Composed of eight (8) faculty/administrative staff members with a quorum of five (5) members present;

(ii) Each member to serve a term of three (3) years, renewable;

(iii) Nomination of one (1) member from each College or School by the respective Academic Dean and nomination of one (1) member by the Vice President for Student Affairs;

(iv) Chairman to be elected from Council membership by the Council each year.

2. Jurisdiction. The University Judicial Council shall have jurisdiction over cases of alleged violations of University policies referred to the Council by Dean of Students. The jurisdiction of the University Judicial Council shall include:

(i) Cases where the accused student does not plead guilty to the charge(s);

(ii) Cases where the accused student does not plead guilty but elects a council hearing;

(iii) Cases where the accused student does plead guilty to the charge(s) but the Dean of Students prefers that the case be heard by a hearing body.

(iv) A hearing will be scheduled within ten (10) business days after the student selects a hearing body.

(v) A decision by the hearing body will be conveyed to the student within two (2) business days.

3. Sanctions. The University Judicial Council may recommend any sanction(s) provided for in University Sanctions. The recommendation(s) shall be forwarded to the Dean of Students, as provided for in the Procedures for Appeal and Review.

4. Appeals:

(i) The student shall have two (2) business days in which to request an appeal of the case. The appeal shall be given to the Dean of Students and the Dean will give it to the Vice President of Student Affairs who must make a determination within five (5) business days.

(ii) If a student is dissatisfied with the Vice President's decision, the student may appeal to the President within two (2) business days. The President must make a determination within five (5) business days. The decision of the President is final.

(iii) If there is no request for an appeal within two (2) business days, the Dean of Students shall implement the recommendation(s) of the hearing body.

(iv) Notification of the results of the appeal may either be given personally or by certified mail to the last known address as maintained by the office of the Dean of Students.

(5) Minimum Requirements of Due Process for Institutional Hearings: In accordance with University policy governing discipline, the following minimal procedures shall be observed:

(a) The student shall be advised, in writing, of the breach of regulation(s) of which she/he is charged;

(b) The student shall be advised of the time, date, and place of the hearing allowing reasonable time for preparation;

(c) The student shall be advised of the following rights applicable at the hearing:

1. The right to present his or her case,

2. The right to be accompanied by an advisor,

3. The right to call witnesses in his or her behalf,

4. The right to confront witnesses against him or her, and

5. The student shall be advised of the method and time limitations for appeal, if any is applicable.

Students subject to any disciplinary sanction are entitled to a due process hearing unless that right is waived by the student after receiving written notice of the available procedures.

(d) Computation of Time.

1. When a period of time is referred to in these policies, such period in all cases shall be so computed as to exclude the first day on which the event occurred.

2. Whenever the last day of any such period shall fall on Saturday or Sunday or when the University does not have classes in session, such days shall be omitted from the computation.

3. The end of the University business day on the last day of any time period shall be computed as the end of that day.

(e) University Procedures for Hearings Conducted by Either the University Student Judicial Council or the University Judicial Council.

1. The hearing shall be conducted in such a manner as to do substantial justice and shall not be restricted unduly by rules of procedure or evidence. Evidence not directly related to the matter at hand will not be considered.

2. The hearing shall be private unless the student charged requests that it be open to members of the University community. The Chairman of the Council shall determine the number of persons to be admitted to the hearing. Under no circumstances shall the hearing be open to more than the normal capacity of the typical hearing room.

3. After the Chairman has called the hearing to order, no one will be permitted to enter the hearing room for the remainder of the hearing with the exception of witnesses as called. In no case shall a witness be permitted to attend the hearing except to give testimony.

4. The accused student may challenge any member of the Council on grounds of prejudice. The Council shall deliberate in private and determine, by majority vote (excluding the member being challenged), whether the member should be replaced by an alternate Council member to be designated by the Chairman.

5. If the Council is less than the number which constitutes a quorum, the accused student may agree to proceed with the hearing by a short Council or if the student does not agree, the hearing will be delayed or rescheduled.

6. The student shall have the right to be assisted by an adviser of his choice who must be an administrative official, a faculty member or a student of the University. The adviser, upon request of the student, may:

(i) Advise the student in preparation and presentation of his defense;

(ii) Accompany the student at all disciplinary hearings, and

(1) Make an opening and/or closing statement in conjunction with, but not substitution for, the opening and closing statement of the accused student;

(2) May assist the accused student in questioning the witness;

(3) May address questions of procedure to the chairman to the extent that these questions do not interfere with the orderly proceeding of the hearing;

(4) May request a five (5) minute recess to confer in private with the accused student. (Recesses will be permitted to the extent that they do not unnecessarily prolong, or interfere with the orderly proceedings of the hearing);

(5) May challenge inappropriate and irrelevant questions; and

(iii) Advise the student in the preparation of appeals.

7. The adviser shall not (i) assume responsibility for conducting the defense of the accused student; or (ii) interfere, prohibit or discourage the answering of questions by the accused student or by witnesses.

8. On behalf of the University, the charges and evidence may be presented by the Dean of Students or by a person designated by the Vice President for Student Affairs. At the end of the statement of charges, the accused student has the right to make an opening statement or explanation.

9. The student shall have the right to call a reasonable number of witnesses in his/her own behalf, who shall be subject to questioning by members of the Council, or by the Dean of Students or by another person designated by the Vice President for Student Affairs.

10. The student charged shall have the right to question all witnesses.

11. The testimony of unknown or unidentified witnesses shall not be admissible.

12. The Council may address questions to any party or to any witness called by the parties. The Council shall limit the scope of the testimony to matters relevant to the charges and defense thereto. The Council and/or the accused student may request that the Dean of Students require the presence, at the hearing, of any member of the University community, including the accused person. The Council and/or the accused student also may request the Dean of Students to require the production of records or other exhibits. If any person, including the student charged and/or his/her adviser, disrupts the hearing, the Chairman of the Council shall exclude that person and proceed with the hearing in his/her absence.

13. The accused student has the right to request a five (5) minute recess to confer in private with the adviser. Recesses will be permitted to the extent that they do not unnecessarily prolong or interfere with the orderly proceedings of the hearing.

14. After all the witnesses have been heard, the person presenting the charges, the accused and his adviser shall be given an opportunity to present a brief final summation of the particulars of the case. If the summations raise additional questions or contain obvious inaccuracies, the inaccuracies may be challenged by the Chairman or the Council members at the discretion of the Council and, upon request, by the person presenting the charges or the accused and his adviser.

15. The accused student shall be informed that the Council will deliberate in private session and will reach a decision based on the testimony and evidence presented and that he/she will be notified of the Council's decision by the Dean of Students.

(f) Deliberations by the Hearing Council.

1. Deliberations by the Hearing Council shall take place in private session.

2. The Chairman shall instruct the members of the Council that they must only consider the evidence and testimony presented at the hearing. The Chairman shall specify any testimony which must be deleted from consideration. The Council may ask the Chairman to restate any rulings on procedure and evidence that he has made.

3. Generally the University shall have the burden of proof of guilt by clear and convincing evidence, except in cases that require a different burden such as Title IX matters. In alleged violations relative to sexual harassment and/or sexual violence both parties have the right for the complaint to be decided using a preponderance of the evidence standard (i.e., it is more likely than not that sexual harassment or sexual violence occurred).

4. No recommendation for the imposition of sanctions shall be based solely upon the failure of the person charged to answer the charges. In the event of the refusal of the accused person to appear at the hearing, the evidence in support of the charges shall be presented, considered and adjudicated.

5. The Chairman shall indicate that a decision must be made (in a contested case) as to the guilt or innocence of the accused before Council consideration of the accused's previous record and before the imposition of sanction.

6. Guilt or innocence shall be determined by vote of the Council.

7. If there is a decision of guilt or if the case is not contested, then the person presenting the charges shall be asked to return and disclose the behavior record of the student to the Council, and the Council shall be made aware of the precedent for that particular type of violation for similar types of conduct.

8. The sanction to be imposed shall be determined by vote of the Council.

(g) The Council Chairman's Report of Proceedings.

1. The Chairman should prepare a report of the proceedings which includes:

(i) The notice of charges and other hearing documents;

(ii) The Council's decision on the guilt or innocence of the accused relative to the charges;

(iii) The recommended sanctions and conditions;

(iv) A summary of the accepted testimony and evidence leading to the Council's decision;

(v) The findings of the Council;

(vi) A rationale for any sanction imposed including precedent, past behavior record, and any other considerations used in imposing the sanction; and

(vii) A brief listing of any important procedural rulings by the Chairman or the Council.

2. This report shall be forwarded to the Office of the Dean of Students within two (2) business days and the student shall immediately be informed of the findings of the Council and the status of his/her case.

3. The student shall be notified in writing within five (5) business days of the results of the hearing and the sanction(s) imposed upon him. The Vice President for Student Affairs and the student's academic departmental chairman shall also be notified of the sanction(s) imposed. In cases of separation from the University, a written notice shall also be given to the President of the University, and a hold shall be placed on the student's registration.

(i) Consideration for New Hearing by a Council. A student may file a written application for a new hearing (specifically alleging newly discovered evidence) within ten (10) business days of receipt of the notification of the hearing results. If there is no request for a new hearing, the decision will be considered final. The application is submitted to the Dean of Students who will present it to the hearing body of original jurisdiction for their consideration and recommendation as to whether or not to grant a new hearing. A determination will be made within ten (10) business days.

(j) Confidentiality of Council Hearings.

1. The integrity of the confidentiality of any particular student case must be maintained.

(i) Hearing council members must never discuss a case outside a hearing council meeting, and all materials relevant to a case should be turned over to the Chairman at the end of each hearing meeting.

(ii) The names of students appearing before hearing bodies are not to be released even though the hearing may be open in accordance with the charged student's wishes.

(iii) No information is to be released for publication except through approved procedures of policy which govern release of information.

(iv) All case records are maintained in confidential case files in the Office of Dean of Students. The status of a particular Council case will be released by the Office of the Dean of Students to the Chairman of that Council upon request. The Dean of Students may release information concerning the status of a disciplinary case to persons involved in the case. These persons may include the accuser, the accused, the Student Affairs staff, and other appropriate University officials.

(k) Procedures for Appeal or Review.

1. A student may request an appeal to the Vice President for Student Affairs from the findings and/or recommendations of the University Student Judicial Council, or University Judicial Council, or from the decision of the Dean of Students. The Vice President for Student Affairs' disposition of an appeal may be further appealed to the President of the University. The President of the University will consider the first appeal from the findings and/or recommendations of a hearing as provided under the Tennessee Uniform Administrative Procedures Act (TUAPA). The student must notify the Dean of Students in writing within two (2) business days of receipt of the notification of the final decision of the hearing body, Dean, or Vice President of his/her desire to appeal.

2. A student may request an appeal on one or more of the following grounds:

(i) The student has been deprived of his rights as defined herein;

(ii) The facts appear to be insufficient to establish his guilt; and

(iii) The sanction(s) recommended by the hearing body was not justified by the nature.of the offense.

3. When the recommended sanction(s) includes suspension or expulsion from the University, the appeal shall be accepted for review. In other cases, determination of whether an appeal shall be accepted for review shall rest with the Vice President for Student Affairs (or the President in cases appealed to him). The student shall be informed within five (5) business days by the Vice President for Student Affairs (or the President) as to whether his appeal has been accepted for review. If his appeal has been accepted for review, the student will be notified within five (5) business days that he/she may appear before the Vice President or President to state his case.

4. The decision resulting from an appeal to the Vice President for Student Affairs shall be sent to the Dean of Students for disposition. The Dean of Students shall either implement the decision or, in the event of further appeal, transmit the case, and all case materials, to the President of the University who will have five (5) business days to make a determination. The Dean of Students shall notify the student of the status of his/her case.

5. The Dean of Students may request within two (2) business days a review of the findings and/or recommendation(s) of the University Student Judicial Council or the University Judicial Council to the Vice President for Student Affairs.

6. The Dean of Students may request a review of a disciplinary case on one or both of the following grounds:

(i) The findings of the Council do not adequately account for all available evidence; or

(ii) The recommendation(s) of the Council does not provide for adequate penalty for the offense.

7. The Dean of Students shall notify the student that he/she has requested a review of his/her case by the Vice President for Student Affairs.

8. Determination of whether a case shall be reviewed shall rest with the Vice President for Student Affairs. If the case is to be reviewed, the student will be notified within five (5) business days that he/she may be present to state his case.

9. The decision resulting from a request for review to the Vice President for Student Affairs shall be sent to the Dean of Students for disposition. The Dean of Students shall either implement the decision or transmit the case, and all case materials, to the President of the University with a second request for review. The Dean of Students shall notify the student of the status of his/her case.

If the Vice President or the President receives an appeal from the student and a request for review from the Dean of Students concerning the same case, the Vice President or President shall accept the case for review and shall conduct a hearing of the case in accordance with the University Procedures for Disciplinary Hearings.

(l) Student Disciplinary Records.

1. Disciplinary records or notations are maintained by the Office of Dean of Students. The individual disciplinary file contains the report of proceedings, sanctions, rationale, case dispositions, original complaints, statement or charges, etc.

2. Accessibility to disciplinary records is limited and follows the University Policy on Confidentiality of Student Records. A student may have access to his disciplinary records at any time provided that he can properly identify himself and provided that the record is not removed from the office.

3. Records may be released on a "need to know" basis, consistent with FERPA, to the faculty, administrative staff, and other authorized employees of the University. Information from records may be released to other agencies and individuals when the student signs for the release of such information. However, under these circumstances, the full contents of the disciplinary folder are not turned over to the inquiring agency or individual unless specifically authorized by the student. The information released is restricted to that which applies to the explained purpose of the request and in accordance with policy.

4. Records are released under judicial order or when properly subpoenaed in accordance with federal and state statutes governing such releases.

(6) Interim Suspension Hearings: Hearings conducted with regard to interim suspensions imposed pending the outcome of a disciplinary investigation or proceeding shall be conducted consistent with the minimum requirements of due process applicable to an institutional hearing, taking into account the need for a timely hearing. The evidence presented at the hearing shall be limited to that which is relevant to the basis asserted for imposition of the interim suspension.

(7) Alternative Resolution Procedures.

(a) Mediation: The Dean of Students may elect to offer mediation to students involved in conflicts with other students, organizations, faculty and/or staff, unless the matter involves sexual violence. If offered, students may elect to have this conflict mediated with the assistance of a neutral third party mediator(s) assigned by the Dean of Students. The following conditions must be accepted by the parties:

1. All parties involved must agree to the mediation process.

2. The resolution that results from the mediation process will be written, signed by all parties, and will bind the parties to abide by the agreed terms until such terms are completed, or an alternative agreement is developed by the parties;

3. The agreement reached through mediation is not subject to any appeals process.

4. If the conflict involved a violation of the student code of conduct, and no form of resolution can be achieved by mutual consent, the Dean of Students may determine that the matter be referred to the University Judicial System.

(i) If the conflict involved a violation of the student code of conduct, and the agreed upon resolution is violated, the Dean of Students may determine that the matter be referred to the University Judicial System.

(8) 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 finding or sanction imposed to a lesser finding or sanction, or to rescind any previous finding or sanction, in appropriate cases.