Complaints

(1) Commission staff shall investigate any signed student complaint involving an OEA institution after verifying that the student has exhausted the institution complaint process. (2) Commission staff’s investigation shall determine as necessary: (a) Whether the institution followed its policies as represented to the student; and (b) Whether the institution failed to disclose a fact or made a verbal or written inaccurate representation to the student that affected the student’s ability to make an appropriate decision concerning the student’s investment of time and money. (3) When determining whether a finding is appropriate, Commission staff shall take into consideration any reasonable offers the institution made to resolve the student’s complaint at the institutional level. (4) The investigation will proceed as follows: (a) Complaints shall be signed and submitted as provided for in Rule .08 of these rules. (b) Any named institution will receive a copy of the complaint and be provided an opportunity to respond to all allegations contained in the complaint. (c) Any named institution shall provide all information requested by Commission staff as part of the investigation. (d) As part of the investigation process, Commission staff may work with the complainant and the named institution to effectuate a settlement. (e) If there are no findings, the complaint will be closed, and the written determination shall include a date by which an aggrieved party may submit a request for further review by the Executive Director as provided for in Rule 1540-01-02-.19(8)(g). Such date shall be ten (10) business days after the date of the written determinations. If no request for review is received, the complaint will be closed. (f) If there are findings and proposed recommendations, the following process will be used: 1. Commission staff shall provide in the written determinations and proposed recommendations a date by which either party may respond to the findings or recommendations. Such date shall not be earlier than ten (10) business days after the date of the written determinations. 2. Following review of the responses, if any, Commission staff may: (i) Determine that the complaint is closed by providing written notice to the parties. The written notice shall include a date by which an aggrieved party may submit a request for further review by the Executive Director as provided for in Rule 1540-01-02-.19(8)(f); or (ii) Recommend that the Executive Director take some action that is within the scope of the proposed recommendations. Any decision of the Executive Director to take action will be provided to the parties by letter and shall include a date by which an aggrieved party may submit a request for REGULATION OF POSTSECONDARY EDUCATIONAL INSTITUTIONS CHAPTER 1540-01-10 WITH OPTIONAL EXPEDITED AUTHORIZATION (OEA) further review by the Commission as provided for in Rule 1540-01-02- .19(8)(f). (g) Any request for review shall be in writing, signed, and provide a detailed explanation of each alleged error with references to the Act or these rules. A request may be denied if it is not received in a timely manner. (h) Any party to the complaint aggrieved or adversely affected by any final commission action may obtain judicial review of the action as provided in T.C.A. § 49-7-2012.