Spectrum 2007-2008

Policies and Regulations
TN Board of Regents
State University and Community College
System of Tennessee

Institutional Student Disciplinary Rules

0240-3-2-.05 DISCIPLINARY PROCEDURES

  1. Tennessee Uniform Administrative Procedures Act
    1. All cases which may result in suspension or expulsion of a student or revocation of registration of a student organization during the term of the registration are subject to the contested case provision of the Tennessee Uniform Administrative Procedures Act (TUAPA) and shall be processed in accordance with the uniform contested case procedures adopted by the Board of regents unless the student waives those procedures in writing and elects to have his or her case disposed of in accordance with institutional procedures established by these rules.
    2. All cases which are reviewed under the uniform contested case provisions adopted by the Board of Regents pursuant to the TUAPA shall be within the jurisdiction of the University Judicial Committee as described in section (3) below but shall nevertheless be reviewed pursuant to the procedures adopted by the Board pursuant to the TUAPA, including, but not limited to, interim suspensions and appeals.
  2. Institutional Administrative Procedures
    1. Determination of Procedure to be Used
      1. A disciplinary case involving violations of university regulations or infringements upon student rights may be reviewed under Institutional Administrative Procedures or may be referred to the appropriate judicial board for review under Institutional Judicial Procedures, as determined by the appropriate university official.
      2. The university official who shall determine whether an alleged violation of university regulations shall be processed under the Institutional Administrative Procedures or the Institutional Judicial Procedures is as follows:
        1. The Director of Housing, Assistant Director of Housing, Area Coordinators, or Apartment Managers, where the alleged violation is of the regulations of the Residence Hall Association (RHA).
        2. The Director of Student Activities, where the alleged violation is of the regulations of the Inter-Fraternity Council (IFC), the Panhellenic Council (PC), or the Pan-Hellenic Council (PC).
        3. The Associate Vice President and Dean of Students, where the alleged violation is of university regulations other than those of the RHA, the IFC or the PC.
      3. Determinations of which procedures shall be utilized for processing an alleged violation of university regulations shall be at the discretion of the appropriate university official; provided, however, the relationship between the hearing officer and the accused student must be one which is free from duress or coercion, and is a relationship which is objective and conducive to the purpose of an administrative hearing.
      4. If a student chooses to admit to a violation of law or university regulations, the student may request that the sanction be imposed by the appropriate university official. At this hearing, the student may present witnesses and other evidence relevant to the offense that may mitigate in the student's favor.
      5. The hearing officer has the authority to impose the same disciplinary sanction as the appropriate judicial board would have under section (3)(d) below.
      6. The Associate Vice President and Dean of Students or his/her designee is authorized to hear under the Institutional Administrative Procedures all cases of alleged misconduct of students from April 15 through September 15 of each year if judicial boards are not functioning.
    2. Description of Institutional Administrative Procedures
      1. The hearing officer in cases held under Institutional Administrative Procedures shall be as follows:
        1. The Director of Housing, Assistant Director of Housing, Area Coordinators, or Apartment Manager where the alleged violation is of the Residence Hall Association (RHA).
        2. The Director of Student Activities, where the alleged violation is of regulations of the Inter-Fraternity Council, the Panhellenic Council, or the Pan-Hellenic Council (PC).
        3. The Associate Vice President and Dean of students, where the alleged violation is of university regulations other than those of the RHA, the IFC, or the PCS.
      2. Due process procedures shall be observed in all administrative hearings under Institutional Administrative Procedures.
      3. The student rights set forth in section (4)(b) below shall not be denied.
      4. The hearing officer has the authority to impose the same disciplinary sanction as the appropriate judicial board would have under section (3) (d) below.
      5. Appeals Under Institutional Administrative Procedures
        1. Cases heard by the Director of Housing or the Director of Student Activities may be appealed to the Associate Vice President and Dean of students or his/her designee.
        2. Cases heard by the Associate Vice President and Dean of students may be appealed to the Vice Provost and Chief Student Affairs Officer.
  3. Institutional Judicial Procedures
    1. Purpose of the Judiciary. The purpose of Institutional Judicial Procedures shall be to provide fair and just treatment in cases involving either violation of university regulations or infringements upon students' rights, and to take appropriate measures for those found guilty. In all cases, due process shall be observed.
    2. Components of the Judiciary. The Judiciary of East Tennessee State University shall consist of the following components:
      1. The University Judicial Committee shall be the highest court authorized by the university president.
      2. The Student Court shall be the next highest court within the student judicial system.
      3. The Residence Hall Association Judicial Board, the Inter-Fraternity Judicial Board, the Panhellenic Judicial Board and the Pan-Hellenic Judiciary Committee shall each be lower courts within the student judicial system.
    3. Composition and Selection of the Courts. The composition of the University Judiciary Courts shall be as follows:
      1. The University Judicial Committee shall be composed of the Associate Vice President and Dean of Students, President of the Student Government Association (SGA), Chief Justice of SGA, an Associate Justice, and three faculty. Alternates for the chief justice and associate justice shall be selected by the SGA to hear cases on appeal from the Student Court.
      2. The Student Court shall be composed of a chief justice and seven (7) associate justices, one of whom shall be designated to serve as the alternate chief justice. Each member shall be appointed by the SGA president and confirmed by a majority of the Student Senate present and voting.
      3. The Residence Hall Association Judicial Board, the Inter-Fraternity Judicial Board, the Panhellenic Judicial Board and the Pan-Hellenic Judiciary Committee shall each be composed of those persons designated by the constitutions of those respective bodies.
    4. Powers and Limitations. The relative powers of the components of the Judiciary are as follows:
      1. The University Judicial Committee shall exercise the highest judicial authority on campus, next to that of the Vice Provost and Chief Student Affairs Officer and the University President or his designee. This committee's authority shall include the right to suspend or expel a student. The University President reserves the right to uphold or reverse any decision made by any judicial body.
      2. The next highest judicial authority shall be vested in the Student Court. All sanctions, with the exception of suspension and expulsion, are available to the Student Court.
      3. The Residence Hall Association, the Inter-Fraternity Council, the Panhellenic Council, and the Pan-Hellenic Council shall provide, through their respective constitutions, the powers and limitations of their respective judicial boards, all of which shall be subordinate to the Student Court.
    5. Operation of the Courts. All cases that enter the University Judiciary shall be administered through the appropriate channels:
      1. Any member of the university community may file a complaint against any student for misconduct. Complaints shall be prepared in writing and directed to the Associate Vice President and Dean of Students. A complaint should be submitted as soon as possible after the event takes place, preferably within ten (10) days of the alleged misconduct.
        1. Violations of official university regulations other than regulations of the RHA, the IFC, or the PCS shall be reported directly to the Associate Vice President and Dean of Students, who shall direct that the case be reviewed under the Institutional Administrative Procedures or referred to the appropriate judicial board.
        2. Violations of the internal standards of the Residence Hall Association (RHA), the Inter-Fraternity Council (IFC), the Panhellenic Council (PC), or the Pan-Hellenic Council (PC) shall be reported to the authorities designated in their respective constitutions.
          1. The RHA authorities shall report the case to the housing office, where the director of housing shall either direct that the case be reviewed under the Institutional Administrative Procedures or referred to the residence Hall Judicial Board.
          2. The IFC-PC authorities shall report the case to the Director of Student Activities, who shall either direct that the case be reviewed under the Institutional Administrative Procedures or referred to the Inter-Fraternity Judicial Board, the Panhellenic Judicial Board or the Pan-Hellenic Judiciary Committee.
        3. Violations of the Student Government Constitution or Code of Laws shall be reported to the Student Government Vice President, who shall refer the case to the Associate Vice President and Dean of Students. The Associate Vice President and Dean of Students shall direct that the case be heard by the Student Court.
      2. All judicial decisions must be reported in writing to the Associate Vice President and Dean of Students within two (2) class days from such time as the decision has been reached.
      3. The circumstances surrounding all cases handled by the University Judiciary shall be confidential.
      4. The official records of all cases shall be maintained by the Student Affairs office.
      5. All official correspondence concerning the decision of a judicial board, court, or committee shall be executed by the Associate Vice President and Dean of Students or his/her designated representative except in cases involving interpretation of the Student Government Constitution or Code of Laws. The Chief Justice of the Student Court shall make written report of the decision and the circumstances surrounding it, taking care to exclude any information of a personal nature, to the secretary of Legislative Affairs.
      6. All hearings by the judicial boards, court, or committee shall be held in closed session unless otherwise requested by the defendant.
      7. All subsequent hearings concerning readmission of students or reinstatement of organizational charters shall be initiated through the Associate Vice President and Dean of Students or his/her designated representative.
    6. Jurisdiction of the Courts
      1. Each judicial board or court may serve as a court of original jurisdiction.
        1. The University Judicial Committee shall hear those cases involving a student who is accused of violating general university regulations and who, if found guilty, may be subject to suspension or expulsion from the institution, and other cases deemed appropriate by the Associate Vice President and Dean of Students.
        2. The Student Court shall have original jurisdiction in those cases involving alleged violations of general university regulations which do not warrant suspension or expulsion. The Student Court shall also hear those cases involving alleged violations of the Student Government Constitution or Code of Laws, and any other cases deemed appropriate by the Associate Vice President and Dean of Students.
          1. The Chief Justice shall be chairman of the Student Court and preside over all meetings and hearings. The Chief Justice shall direct and be responsible for the performance of all duties and functions of the Student Court and its justices. The alternative chief justice shall execute the powers and duties of the Chief Justice in the latter's absence or incapacity to serve.
          2. The justices of the student court shall determine in all cases brought before them all decisions which are within the court's jurisdiction as prescribed by the SGA Constitution. Five (5) justices of the Student Court shall constitute a quorum to do business. Each justice shall have (1) vote, with the Chief Justice voting only to break a tie.
          3. The justices of the Student Court shall, by majority vote, determine rules of procedure for the Student Court, except as otherwise prescribed by the SGA Constitution or By-Laws.
          4. The Student Court shall have the power to request any member of the student body, a representative from any campus organization, or any faculty member or administrator to appear before the court, provided that the subpoena/request is issued in writing at least five (5) days prior to the appearance.
        3. The Residence Hall Judicial Board shall have the original jurisdiction in cases involving violation of Housing regulations, standards established by its constitution, and any other cases referred to it by the director of housing.
        4. The Inter-Fraternity Judicial Board or the Panhellenic Judicial Board shall have original jurisdiction only in cases involving violations of regulations specified in the Inter-Fraternity and Panhellenic Constitution and By-Laws.
        5. The Pan-Hellenic Judiciary Committee shall have original jurisdiction only in cases involving violations specified in the Pan-Hellenic Constitution and By-Laws.
    7. Appeals
      1. All cases may be appealed by the student or organization in question to the next higher judicial authority in accordance with the Appeal Procedures provided below.  The right to appeal to the next judicial authority shall be afforded only to the accused.
      2. Final university appeal shall be to the University President.
      3. Appeal Procedures
        1. If the accused desires to appeal, a statement of reasons for appealing must be forwarded to the Associate Vice President and Dean of Students or his designee. This statement must be filed within three (3) days following receipt by the accused of a copy of the decision being appealed.
        2. The statement of reasons for appeal will be forwarded to the appropriate appeal board or officer, which will set a date for reviewing the case and notify the accuser.
        3. The appeal board or officer, upon reviewing the case, will have several options. The original decision may be affirmed or reversed. In cases where the original action is inappropriate as a result of issues involved in the appeal, the appeal board or officer may revert the case back to the original board or hearing officer, modify the original action, or hold a completely new hearing.  The accuser will be notified of the outcome, a permitted under Tennessee law.
      4. Special Provisions Applicable to Both Institutional Administrative Procedures and Institutional Judicial Procedures

a.       Failure to Appear. If the accused student fails to appear at the scheduled hearing or provide adequate notice of excuse, the hearing officer or court may:

1.      Reset a formal hearing of the case for the next scheduled meeting.

2.      Dispose of the case in whatever manner it deems just based upon available information.

b.      Hearing Guidelines

1.      At least seventy-two (72) hours prior to the hearing the accused student is entitled to written notification of the time and place of the hearing and of his rights as outlined below.

2.      At least seventy-two (72) hours prior to the hearing the accused student is entitled to a written statement of the charges in sufficient detail as to enable the student to prepare a case, including how the alleged violation came to the attention of the university.

3.      All administrative hearings and hearings of judicial bodies will be closed, except to the accused, his/her advisor, the accuser, his/her advisor, the hearing officer, and members of the judicial board. Witnesses may also appear upon request of the hearing officer, the judicial board, the accused, or the accuser.

4.      In hearings involving more than one accused student, the chairperson of the judicial body, in his or her discretion, may permit the hearings concerning each student to be conducted separately.

5.      In cases heard by a judicial board, the accused student may question the ability of a judicial member to render an impartial judgment and may request the member's removal at that time. The judicial board will rule on the request. If any members of a judicial board feel that their relationship with either the case or the individuals involved would affect their ability to render an impartial judgment, they may disqualify themselves.

6.      The complainant and the accused have the right to be assisted by any advisor they choose, at their own expense. The advisor may be an attorney. The accused is responsible for presenting his or her own case and advisors are not permitted to speak or to participate directly in any hearing before a judicial body.

7.      The university, the accused and the judicial body shall have the privilege of presenting witnesses, subject to the right of questioning by the judicial body.

8.      Pertinent records, exhibits and written statements may be accepted as evidence for consideration by a judicial body at the discretion of the chairperson.

9.      The accused student is entitled to ask questions of the hearing officer, of the judicial board, and of any witnesses called before the administrative or judicial hearings.

10.  Hearings shall proceed in the following order:

            1. Reading of the charges
            2. The student's denial or admission of the charges
            3. Presentation of evidence by the university and questions by the student charged and/or the hearing body
            4. Presentation of evidence by the student charged and questions by the university and/or the hearing body, and
            5. Closing statement by both parties

11.  After the hearing, the judicial body shall determine (by majority vote if the judicial body consists of more than one person) whether the student has violated each section of the Student Code of Conduct which the student is charged with violating.

12.  The judicial body's determination shall be made on the basis of whether it is "more likely than not" that the accused student violated the Student Code of Conduct.

13.  The student shall be notified in writing of the decision within five (5) days of the judicial body's decision. Every attempt will be made to verbally notify the student of the decision prior to the five-day period. In cases involving alleged sexual assault, both the accused and accuser shall be notified in writing within five (5) days of the judicial body's decision.

14.  There shall be a single record, such as minutes or a tape recording, of all hearings before a judicial body. The record shall be the property of the university.

15.  Any question of interpretation regarding the Student Code of Conduct shall be referred to the Vice Provost and Chief Student Affairs Officer or his designee for final determination.

    1. Victim's Rights
                   Some actions that violate the university regulations involve victimization of one or more students by another student(s). This behavior may include acts of theft or damage to property, physical violence, and other acts that endanger the safety of others in the university community. If a student has filed a complaint and is identified as a victim, that student is entitled to certain rights during the disciplinary process.
                   If a charge is filed with the appropriate judicial official, it is important to remember that the accused student is being charged with violating a university rule or regulation. Although a victim's input may be sought during the disciplinary process, the ultimate disposition of the case rests with the university. If a victim withdraws his or her complaint during the course of the disciplinary proceeding, the university reserves the right to proceed with the case on the basis of evidence other than the testimony of the victim.
                   During the course of a disciplinary proceeding, victims have the following rights:
      1. To meet with the appropriate judicial officer to discuss the disciplinary process.
      2. To submit a written account of the alleged incident.
      3. To be advised of the date, time and location of the disciplinary hearing, and to request rescheduling of the hearing for good cause.
      4. To be accompanied by an advisor of the victim's choosing during the hearing process, although the advisor will not be permitted to speak for the victim during the hearing.
      5. To testify as a witness during the hearing.
      6. To decline to testify, with knowledge that such action could result in dismissal of the university's charges for lack of evidence.
      7. To submit a written impact statement to the hearing panel for consideration during the sanctioning phase of the disciplinary process.
  1. Cases of alleged sexual assault. In cases involving alleged sexual assault, both the accuser and the accused shall be informed of the following:
    1. Both the accuser and the accused are entitled to the same opportunity to have others present during a disciplinary proceeding.
    2. Both the accuser and the accused shall be informed of the outcome of any disciplinary proceeding involving allegations of sexual assault.
  2. General Policies On Student Organizations.
    1. The purpose of these provisions is to create a set of uniform expectations for all student organizations registered at ETSU regarding social behavior on or off campus. In this context, student organization activities should be conducted with regard to the rights and safety of other members of the community. The role of student organizations within ETSU's academic community should be to provide students an opportunity to meet with their peers and faculty in a relaxed setting. This interaction should serve to enhance the campus learning environment by providing students an opportunity to develop leadership and social skills and to apply classroom work to life experiences.
    2. All disciplinary rules and regulations concerning individual students shall apply to student organizations and are incorporated by reference. This shall include compliance with all local, state or federal laws.
    3. The university shall not be responsible for injuries or damages to persons or property resulting from the activities of student organizations, or for any debts or disabilities of such organizations.
    4. Student organizations are vicariously liable for the conduct and action of each member and invited guest of the organization while acting in the capacity of a member or while attending or participating in any activity of the organization.
    5. All student organizations shall be registered with the university prior to engaging in any organizational activity.  (See TBR Policy 3:01:01:00) In addition, Greek letter social organizations are required to be members of one of the Greek governing councils on campus.
    6. Definitions
      1. A "student organizational function" is any meeting, event, banquet or program for social, educational, recreational, cultural or spiritual purpose(s) planned and/or attended by members and/or their invited guests.
      2. An "open" activity is a function generally accessible to persons in the campus or community at large without regard to affiliation or association with the sponsoring organization.
      3. An "invited guest" is one who has received an invitation to attend a function from an identifiable member of the sponsoring organization. An announcement of general circulation to the campus or community at-large is not considered to be an invitation.
    7. Student Organizational Functions.
      1. All student organizational functions involving the serving or consumption of alcohol shall be registered with the Student Organization Resource Center at least (7) business days prior to the date of the function. (See Procedures for Student Organization Events with alcohol-available in the Student Organization Resource Center.) When functions are to take place in university-owned, leased or controlled property, policies concerning use of that property should be consulted and must be complied with.
      2. Student organization functions where alcohol will be present are limited to houses owned by social fraternities recognized by ETSU and commercial establishments owned by licensed and insured third-party vendors. Third party vendor locations are subject to administrative approval.
      3. Possession, sale, use and/or consumption of alcoholic beverages during a student organizational function must be in compliance with applicable federal, state, and local laws and university rules. It is the responsibility of the sponsoring student organization to ensure that individuals under 21 years of age do not consume alcoholic beverages.
      4. Alcoholic beverages are permitted at functions only on a "bring your own bottle" basis or through a contract with a licensed server at a commercial establishment and shall not be made available on a self-serve basis. That is, students attending functions shall not have open and unlimited access to alcoholic beverages.
      5. Open parties where alcohol is present are prohibited.
      6. Possession, sale, use and/or consumption of any illegal drug or controlled substances at any student organizational function is prohibited.
      7. Any student organizational function at which alcohol is present must have a minimum of two (2) bonded security guards present at the site of the function.
      8. On an annual basis by August 1st, all social fraternities with houses are required to submit a current report from the fire marshal approving the house for occupancy and specifying the capacity limits of the facility, including the capacity limits of public areas. The report must be submitted in writing to the Coordinator of Greek Life. Attendance at student organization functions must be restricted to the facility's public areas. The capacity limits of the public areas are determined by the fire marshal.  In houses of social fraternities recognized by ETSU, attendance at student organization functions with alcohol will not exceed two (2) invited quests for each active organization member, regardless of the capacity of the facility.
    8. Complaints about a student organization shall be brought to the attention of the Director of Student Activities. Mediation among parties may result or disciplinary charges may be referred to the ETSU judicial system for hearing.
    9. Student Organization Sanctions. Any registered student organization may be subject to the following disciplinary sanctions, as listed here and defined in section 0240-3-2-.04. Disciplinary sanctions: warning, reprimand, restitution, community service, constructive or educational project, restriction, probation, suspension of registration, withdrawal of registration. These sanctions may be imposed either singly or in combination, and such action will be taken only pursuant to disciplinary procedures established by these rules.

Statutory Authority: T.C.A. Section 49-8-203