The Family
Educational Rights
and Privacy Act
The Family Educational Rights and Privacy (FERPA) affords students certain rights with respect to their education records. They are:
Students should submit to the registrar, dean, head of the academic department, or other appropriate official, written requests that identify the record(s) they wish to inspect. The University official will make arrangements for access and notify the student of the time and place where the records may be inspected. If the records are not maintained by the University official to whom the request was submitted, that official shall advise the student of the correct official to whom the request should be addressed.
Students may ask the University to amend a record that they believe is inaccurate or misleading. They should write the University official responsible for the record, clearly identify the part of the record they want changed, and specify why it is inaccurate or misleading.
If the University decides not to amend the record as requested by the student, the University will notify the student of the decision and advise the student of his or her right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the student when notified of the right to a hearing.
One exception which permits disclosure without consent is disclosure to school officials with legitimate educational interests. A school official is a person employed by the University in an administrative, supervisory, academic or research, or support staff position (including law enforcement unit personnel and health staff); a person or company with whom the University has contracted (such as an attorney, auditor, or collection agent); or a student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks.
A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility.
Upon request, the University discloses education records without consent to officials of another school, upon request, in which a student seeks or intends to enroll.
Personally identifiable information may also be released without the prior written consent of the student under one or more of the conditions listed below:
Students who are removed from university housing for disciplinary reasons or are suspended or expelled from the university are not eligible for a refund of housing fees or university tuition/fees.
1.1 A student may appeal a course grade if the student has evidence that the grade was assigned in a malicious, capricious, erroneous, or arbitrary manner. The following steps provide a guideline for the appeals process. All persons concerned with this process should make every attempt to adhere to the time schedule outlined in the following description of the appeals process. No appeal will be initiated more than one year following the date the grade was assigned.
2.1 Within 21 calendar days after the beginning of the next term, excluding summer school, the student should discuss the assigned grade with the faculty member. If it is found that the assigned grade is incorrect in the judgment of the faculty member, he/she will initiate the appropriate change. If the change is made at this point, the matter is concluded.
2.2 If the faculty member is no longer with the university, the student should confer with the departmental chairperson who will then make every effort to receive written input concerning the matter from the former faculty member. If it is not possible to receive information from the former faculty member regarding the grade, then the student may appeal the grade as described below and the departmental chairperson will represent the interests of the faculty member who issued the grade.
3.1 If the question of the assigned grade cannot be resolved between the student and the faculty member, the student may appeal in writing to the chairperson of the department in which the course was taught. The written appeal to the departmental chairperson must be made by the end of the fourth week of the term. The student should include all known information relating to the appeal with the written appeal. After receiving such an appeal, in writing, from the student, the chairperson shall review with the faculty member the substance of the student's appeal and seek to determine its validity.
3.2 If the chairperson determines that the assigned grade is in his/her judgment, inappropriate, the chairperson should recommend to the faculty member that the grade be changed. The faculty member may or may not concur with the chairperson's recommendation.
3.3 The chairperson will notify the student in writing, within 14 calendar days of the appeal, whether or not the assigned grade will be changed by the faculty member. If the grade is changed to the student's satisfaction, the matter is concluded. If the grade will not be changed, the chairperson will also advise the student of the right of appeal to the dean of the college/school within which the grade was assigned.
3.4 If the grade will not be changed, copies of all written communication mentioned above should be sent by the chairperson to the dean of the college/school as described below.
4.1 If the grade is not changed to the satisfaction of the student at the departmental level, an undergraduate student may appeal the assigned grade, in writing, to the dean of the college/school within which the course was offered. With the written appeal, the student should provide all information possible relating to the appeal. The written appeal to the dean of the college/school must be made within seven calendar days of receipt by the student of the notice from the department chairperson.
4.2 If the dean of the college/school, or his/her designee, the student and the faculty member are unable to resolve the appeal informally, the dean shall request a review of the student's appeal by a committee comprised of three faculty members and three undergraduate students, all of whom have voting privileges, and meet the approval of the student and faculty member involved. This committee will be appointed by the dean, unless a standing committee already exists, and will elect their own chairperson.
4.3 The committee shall conduct a hearing and shall review all pertinent information presented by the student, the faculty member, and any others who may be called to assist the committee.
4.4 In the case of all graduate students (including
those graduate students enrolled in the M.S.-Ph.D.
program in Biomedical Sciences within the
4.5 In the case of a medical student, the appeal
shall be prepared by the student in consultation with the Associate Dean for
Academic Affairs of the College of Medicine who shall convene an ad hoc
committee comprised of three members of the Faculty Advisory Council of the
College of Medicine and three medical students all of whom have voting
privileges. This committee shall elect a chairperson and hold a hearing
concerning the appeal. At this hearing all material relevant to the appeal
shall be presented by the student, the faculty member, the department
chairperson, the Associate Dean for Academic Affairs, the Dean of the
5.1 Within 21 calendar days of its constitution, the committee will submit to the appropriate dean a written report containing a recommendation for a specific course of action regarding the student's appeal. The dean will, in turn, review the committee's recommendation and reasoning. The dean may also confer with any of the parties involved. After consideration of all appropriate information, the dean shall accept, reject, or modify the recommendation. The dean shall notify the student, the faculty member, the chairperson of the appeals committee, the departmental chairperson, and the appropriate individuals of his/her opinion concerning the appeal. The dean shall forward his/her decision to the Vice President for Academic Affairs/Vice President for Health Affairs who will hold the documentation for 21 calendar days, at the end of which time he/she will notify the Registrar of the disposition of the student's grade, if it is to be changed.
5.2 A written appeal of the decision of the dean may be submitted to the Vice President for Academic affairs/Vice President for Health Affairs within 14 calendar days from the time the dean reports his/her decision to the appropriate individuals.
5.3 The Vice President for Academic Affairs/Vice President for Health Affairs will then review the dean's report and the other grade appeal documentation and endorse the dean's decision, reject the decision, or modify the decision. The Vice President for Academic Affairs/Vice President for Health Affairs shall then notify the student, the dean, the faculty member, the chairperson of the appeal committee, the departmental chairperson, and the appropriate individuals of his/her opinion concerning the appeal.
5.4 In the absence of further appeal, the opinion rendered by the Vice President for Academic Affairs/Vice President for Health Affairs becomes final. The Vice President for Academic Affairs will wait 21 calendar days, at the end of which time he/she will notify the Registrar of the disposition of the student's grade, if it is to be changed.
6.1 If either the student of faculty member believes that due process* has not been afforded, a written appeal may be made to the President; otherwise, the decision of the Vice President for Academic Affairs/Vice President for Health Affairs is final. Such an appeal, based on denial of due process and specifically identifying the failure of the process, must be initiated in writing within 14 calendar days from the time the dean reports his/her decision to the appropriate individuals.
* The right to have your concerns reviewed by an impartial third party.
Information Technology Code of Ethics
(Abridged)
I. Objectivity of this policy
The objectives of this policy include: 1) to articulate the rights and responsibilities of person using information technology resources owned, leased, or administered by East Tennessee State University (ETSU), 2) to protect the interests of users and ETSU; and 3) to facilitate the efficient operation of ETSU information technology systems.
II. Definitions
"Information technology resources" or "IT resources" include computers and computer time, data processing or storage functions, computer systems and services, servers, networks, printers and other input/output and connecting devices, and related computer records, programs, software, and documentation.
"Personal or private for- profit use" shall mean a use of ETSU information technology resources which has as a primary objective financial gain of the user. Activities by a student, which are typical of the student job search process, (e.g. use of campus e-mail to contact potential employers or posting of one's resume on ETSU's web site) are not to be considered personal or private for-profit uses.
"Public record" means all documents, papers, letters, maps, books,
photographs, microfilms, electronic data processing files and output, films,
sound recordings, or other material, regardless of physical form or
characteristics made or received pursuant to law or ordinance or in connection
with the transaction of official business by any governmental agency. (
III. Supplementary Institutional Policies and Regulations
ETSU is authorized and encouraged to develop additional Institution-specific policies and regulations relating to the use of information technology resources, provided such policies and regulations are consistent with Federal and State law and with this and other policies of the Tennessee Board of Regents. In particular, ETSU may develop policies and regulations regarding installation of non-standard software (including shareware, freeware, or software developed or purchased by the user) onto ETSU IT resources.
IV. Conformance with State Policies
This policy is intended to be fully consistent with the State of Tennessee Internet Acceptable Use Policy and the State of Tennessee Electronic Mail Acceptable Use Policy, as they currently exist or as they may be amended in the future, as well as with any other applicable policies regarding information technology systems which may be promulgated in the future by the State of Tennessee Department of Finance Office of Information Resources (OIR). To the extent that a discrepancy exists between this policy and State policy, State policy shall take precedence.
V. Applicability
This policy shall apply to all persons and organizations using the information technology facilities and resources owned, leased or administered by ETSU, including all persons employed (either as full-time, part-time or temporary employees or as independent contractors) by ETSU, and to all students enrolled at ETSU. Those provisions contained herein which apply solely to employees and independent contractors are so identified individually. Unless so identified, provisions contained herein apply equally to all persons and organizations covered by this policy.
VI. User Responsibilities
The following lists of user responsibilities are intended to be
illustrative, and not exhaustive. Subject to conformance with Federal and
State of
1) A user shall not attempt to obstruct usage or deny access to other users.
2) Users shall not transmit or distribute material that would be in violation of existing TBR or ETSU policies or guidelines using ETSU technology resources.
3) Users shall respect the privacy of other users, and specifically shall not read, delete, copy, or modify another user's data, information, files, e-mail or programs (collectively, "electronic files") without the other user's permission. Users should note that there should be no expectation of privacy in electronic files stored on the resident memory of a computer available for general public access, and such files are subject to unannounced deletion.
4) Users shall not intentionally introduce any program or data intended to disrupt normal operations (e.g. a computer "virus" or "worm") into ETSU information technology resources.
5) Forgery or attempted forgery of e-mail messages is prohibited.
6) Sending or attempts to send unsolicited junk mail or chain letters is prohibited.
7) Flooding or attempts to flood a user's mailbox is prohibited.
C.
Respect for State-Owned Property
D.
Additional Responsibilities of Employees and Independent Contractors
VII. No Unlawful Uses Permitted
Users shall not engage in unlawful uses of the information technology system resources of the TBR or ETSU. Unlawful activities are violative of this policy and may also subject persons engaging in these activities to civil and/or criminal penalties. This list of unlawful activities is illustrative and not intended to be exhaustive.
The distribution and display of obscene
materials is prohibited by the laws of
Federal law (
Defamation is a civil tort that occurs when one, without privilege, publishes a false and defamatory statement, which damages the reputation of another.
Federal law gives the holder of copyright five exclusive rights, including the right to exclude others from reproducing the copyrighted work. Sanctions for violation of copyright can be very substantial. Beyond the threat of legally imposed sanctions, violation of copyright is an unethical appropriation of the fruits of another's labor.
Pursuant to the Digital Millennium
Copyright Act of
Gambling, including that performed with
the aid of the Internet is prohibited under
VIII. World Wide Web Home Pages
The principles of use articulated above in
Sections
In addition to the
principles of use outlined in Sections
Use of ETSU information technology
resources to promote or advertise activities or entities which are not related
to ETSU, is prohibited unless such use is consistent with the mission of ETSU
and results in substantial benefit to ETSU. The President is authorized to
determine whether a given use is consistent with the mission of ETSU and
results in substantial benefit to ETSU, consistent with other TBR Policies (in
particular, TBR Policy
X. ETSU Monitoring and Inspection of Electronic Records
Electronic records sent, received, or stored on computers owned, leased, or administered by ETSU are the property of ETSU. As the property of ETSU, the content of such records, including electronic mail, is subject to inspection by ETSU personnel. While ETSU does not routinely do so, ETSU is able and reserves the right to monitor and /or log all network activity of users without notice, including all e-mail and Internet communications. Users should have no reasonable expectation of privacy in the use of these resources.
XI. Disclosure of Electronic Records
Pursuant to the Tennessee Code Annotated,
Title
While disclosure under T.C.A. Title
XII. Retention of Electronic Records
Electronic records needed to support
Institutional functions must be retained, managed, and made accessible in
record-keeping or filing systems in accordance with established records
disposition authorizations approved by the Public Records Commission and in
accordance with TBR Guideline G-
1) Print and store a paper copy of the record in the relevant subject matter file; or
2) Electronically store the record on a storage medium or in an electronic storage location not subject to unannounced deletion.
XIII. Allegations of this Policy
A. Reporting Allegations of Violations
Persons who have reason to suspect a violation of this policy, or who have direct knowledge of behavior in violation of this policy should report that allegation of violation to the Director, Human Resources.
The Director, Human Resources shall refer
allegations of violations of this policy to the appropriate person(s) for
disciplinary action. If a student, the policy violation will be referred
to the judicial officer of the institution under TBR Policy
Persons
violating this policy are subject to revocation or suspension of access
privileges to ETSU IT resources. Additionally, other penalties, as
outlined in TBR Policy,
Sanctions imposed upon students at a
Infringement of
Intellectual Information
Property Rights Policy
I. Introduction
The Digital Millennium Copyright Act (DMCA) amends federal copyright law to
provide certain liability protections for online service providers, when their
computer systems or networks carry materials that violate (infringe) copyright
law. To qualify for liability protection, the University is required to have a
policy under which the computer accounts of users will be terminated if they
repeatedly infringe the copyrighted works of others.
The objectives of this policy are to minimize liability while also providing
support for the activities of faculty and staff. In the context of copyright
and other intellectual property, this means that the Chief Information Officer
should be advised as soon as possible of any suspected infringement. As is
feasible, the Chief Information Officer will work with the university content
provider to establish any defenses. However, if there is inadequate information
to provide a defense, or it appears that no defense exists, the best route to
minimize university damages will be prompt removal of the allegedly infringing
material.
Compliance with federal copyright law is expected of all students, faculty,
and staff at
You may "use" all or part of a copyrighted work only if (a) you have
the copyright owner's permission (in writing—either email or letter), or
(b) you qualify for a legal exception (the most common exception is called
"fair use"). "Use" of a work is defined for copyright purposes
as copying, distributing, making derivative works, publicly displaying, or
publicly performing the work.
Copying, distributing, downloading, and uploading information on the Internet
may infringe the copyright for that information. Even an innocent,
unintentional infringement violates the law. Violations of copyright law that
occur on or over the University's networks or other computer resources may
create liability for the University as well as the computer user. Accordingly,
repeat infringers are subject to the appropriate disciplinary review procedures
as set in forth disciplinary policies for students, faculty or staff.
Violations of law may also be referred for criminal or civil prosecution.
The University has a legal duty to insure that official web sites, official
email, and other official communications and expressions do not violate the
intellectual property rights of third parties. The most common intellectual
property rights found on the Internet involve copyright and trademark/service marks.
"Official" web sites and communications include those that are funded
or otherwise sponsored by the University for a university purpose, or which are
created by an employee or agent of the University who is acting within the
authorized scope of employment or agency on behalf of the University (e.g.,
posting course materials on the web for educational use of enrolled students).
Removal of official university content, especially course materials, can be
harmful to academic freedom, to teaching effectiveness, and to the University's
educational mission. Therefore, faculty and staff are encouraged to secure
copyright permission, a license, or a legal basis for use of someone else's
intellectual property, before using the material.
A. Notice and Counter Notice for material that may infringe on
Intellectual Property Rights
Notice: A copyright owner, or person acting for the owner, must provide the
University's designated agent, the Chief Information Officer, with written
notice that information residing on the University's computer systems or
networks is an infringement of the copyright. The notice requirement also
applies to information in system cache and to information location tools (e.g.,
hypertext links) that infringe copyright.
[Note: if a person working for the University has independent knowledge of a
copyright violation on a University computer system or network, the University
may have a duty to remove the infringing material. This is true even if there
is no "notice" from the copyright owner. Therefore that person should
report the violation to the Chief Information Officer as soon as possible.]
The University has "notice" of possible infringement when a third
party advises a university official that there is an infringement, or when it
appears to a university official that material is likely to be infringing based
on the circumstances (e.g., copies of nationally syndicated cartoons appear on
a university web site without any statement of copyright permission).
When the University has notice of a possible intellectual property infringement
in official university-provided content, it will in good faith:
• Attempt to establish who truly owns the copyright (or other
intellectual property) through consultation with the author of the University
content and the party claiming ownership.
• Attempt to determine if any legal defense (e.g., "fair use")
exists to allow the material to be used by the University.
• Attempt to negotiate a permission or settlement if it appears that the content
is infringing or if it appears that settlement is preferable to litigating an
unclear claim. If permission or settlement is not feasible and it appears that
the material is infringing, the University will promptly remove the material
and the designated agent will notify the computer user and the person who
complained of infringement.
• Determine if any disciplinary action is appropriate against the person
who posted infringing content. In the case of repeated infringement or bad
faith infringement, disciplinary action may include suspension or termination
of computing privileges, disciplinary review, termination of employment, and/or
legal action.
The Technology, Education, and Copyright Harmonization Act (TEACH) of 2002
updated federal copyright law to facilitate digital education use of materials
without requiring copyright permission, subject to several conditions. TEACH
says it is not copyright infringement for teachers and students at an
accredited, nonprofit educational institution to transmit performance and
displays of copyrighted works as part of a course if certain conditions are
met. If these conditions cannot be met, permission from the copyright holder
must be obtained.
What is permitted: Performances of non-dramatic literary works or
performances of non-dramatic musical works or performances of reasonable
portions of any other work or display of any other work in an amount comparable
to that typically displayed in a live classroom setting.
What is not permitted: Digital education works (works produced or
marketed primarily for performance / display as part of mediated instructional
activities transmitted via digital networks) or unlawful copies (copies you
know or reasonably should know were not lawfully made or acquired).
When can copyrighted materials be used: By, at
the direction of, or under the actual supervision of an instructor, and as an
integral part of a class session, and as part of systematic mediated
instructional activities, and directly related and of material assistance to
the teaching content.
How can the materials be used: Transmission made solely for and
reception limited to (as technologically feasible) students enrolled in that
course, and downstream controls instituted: technological measures that
reasonably prevent retention in accessible form for a class session and
unauthorized further dissemination in accessible form, and no interference with
the copyright holder’s technological measures that prevent such retention
and dissemination.
Institutional requirements: The institution must promulgate copyright
policies and provide information about copyright and promote copyright
compliance and provide notice to students that course materials may be
copyrighted.
Questions regarding this policy and notice of any possible infringement
should be directed to:
Chief Information Officer
Office of
423.439.6431
Insurance, Medical and Health for
International
Students and Scholarsd Scholars
In accordance with the TBR Policy on Admission (2:03:00:00), East Tennessee State University requires that all international, nonimmigrant students and scholars under the F, M, and J status maintain accident, illness, medical evacuation and repatriation insurance on themselves as a condition to their admission, enrollment, research duties, and employment at the university. Students under any of the J status category must also carry accident, illness, medical evacuation and repatriation insurance for spouses and dependents. Dependents of F-1 students must carry insurance if enrolled at the University. The following policy and procedures have been established:
Parental Notification Policy
In addition to other disciplinary action, the university reserves the right to notify the parents or legal guardians of a student who is younger than 21 and is found guilty of violating federal, state or local laws governing use or possession of alcohol and drugs when it is believed that such behavior poses a serious threat, either by the severity or repetitive nature of the behavior, to the welfare of that student or others in the community. The implementation of parental notification will be at the discretion of the Associate Vice President and Dean of Students.
Undergraduate Pass/Fail Grading Policies
The purpose of this policy is to allow qualified undergraduate students to explore, in a limited manner, their interests and ability in courses of study that are unfamiliar to them and to receive a pass or fail grade instead of a regular letter grade. This purpose must not impair the need to maintain qualitative and rigorous academic standards of the university. Accordingly, the policy will be regularly evaluated for continuation by the office of the vice president for academic affairs.
The policy regulates the qualifications of undergraduate students applying for the P/F grade option, the limitations on the types of courses taken for P/F grades, limitations on P/F credit hours earned, the registration process, and the grading basis limitations. In addition, it places academic advisement in a critical role in approving requests for the P/F grading option.
The policy applies only to the limited P/F grading option available to individual students and is distinct from any use of non-letter grades for an entire course at the university. Grading in such courses shall not apply to the policy regulation cited here.
For the undergraduate student pursuing a degree, a 2.5 overall QPA is required. All ETSU credits plus any credits earned elsewhere and accepted by ETSU for transfer to a university program are counted. For the undergraduate student not pursuing a degree, there is no QPA requirement; however, in the event of a subsequent program change to pursue a degree, the QPA requirement becomes effective.
For the undergraduate student pursuing a degree, all general education core courses are excluded: that is, Humanities 9 hours; Physical Education 2 hours; English 1110, 1120; Natural Sciences 8 hours; History 2010, 2020 (and 3010 when substituted for 2010 or 2020); Analysis and Communication 3 hours; Mathematics 3 hours; and Social and Behavioral Sciences 6 hours. Also excluded are courses in a student's major or minor. Graduate students in 4xx7 courses are excluded from this P/F grading option. In the event that a subsequent program change places a completed P/F course in a student's major or minor, the student may petition the dean of the college or school in which the newly declared major or minor is offered, to have the original letter grade earned substituted for the previously earned P/F grade.
For the undergraduate student not pursuing a degree, any course may be included to a maximum of twelve (12) semester credit hours; however, all courses taken at ETSU and graded P/F which are then brought into a degree program at ETSU are subject to the regulations governing students pursuing a degree.
For undergraduate students either pursuing a degree or not pursuing a degree, the P/F grading request must be made at the time of registration. Registration is for no more than one P/F course in a semester, and the registration for the P/F grade in a course must be approved by a student's assigned department or college advisor who must sign the course request card to certify review of qualifications and other applicable limitations.
For both the undergraduate student pursuing a degree and the undergraduate student not pursuing a degree, the P/F grade option cannot be requested or approved for a class that is added after the first week of classes. In addition, a regular letter grade basis cannot be changed to P/F, nor can P/F grading basis be changed to regular letter grade basis after the first five days of classes of the semester. The instructor will not know the identity of students enrolled on a P/F basis, and will record letter grades for all students which will be converted to P/F by the registrar's office. P/F courses may be repeated for a regular letter grade at the student's own option.
For the undergraduate student pursuing a degree, no more than 12 credit hours earned on a P/F basis at ETSU may count towards graduation. Courses with P/F grades cannot be applied towards a major or minor. In the event that a subsequent program change places a completed P/F course in a student's major or minor, the student may petition the dean of the college or school in which the newly declared major or minor is offered to have the original letter grade that was earned substituted for the previously recorded P/F grade. P/F grades awarded for departmental challenge exams or other advanced standing examinations are not counted as credit hours earned. For the undergraduate student not pursuing a degree, any credit hours earned with P/F grades that are brought into a degree program at ETSU are subject to all regulations governing students pursuing a degree.
Policy Statement on Pedestrian Safety
The Department of Public Safety wishes to remind students and staff that bicycles, skate boards, scooters, and other similar vehicles or toys which are used on campus sidewalks or public through-fares must be operated in such a manner so as not to jeopardize the safety and well-being of pedestrians. The use of bicycles and other specified play vehicles is governed by state law. Violations of applicable statutes constitutes a Class C misdemeanor.
The following policy will apply only to undergraduate courses taught during the fall and spring semesters.
Activities pursued within the classroom during Pre-Finals Week shall be at the instructor's discretion within the guidelines set forth in this policy.