1720-04-03-.03
Relationship Between The Code And Criminal Law
Cite as Tenn. Comp. R. & Regs. 1720-04-03-.03
(1)
Independent Action. The Code has been adopted in furtherance of the University’s interests
and serves to supplement, rather than substitute for, the enforcement of civil and criminal
law. Accordingly, University disciplinary action may be instituted against a student whose
conduct potentially violates both criminal law and the Standards of Conduct without regard to
the pending status of criminal charges or civil litigation. At the discretion of SCCS, disciplinary
action relating to a violation of the Standards of Conduct may be carried out prior to,
simultaneously with, or following criminal proceedings. Students alleged to have violated the
Standards of Conduct may not challenge any aspect of the University’s student conduct
process on the grounds that criminal charges, civil litigation, or other University proceedings
STUDENT CODE OF CONDUCT
CHAPTER 1720-04-03
regarding the same incident are pending or have been terminated, dismissed, reduced, or
have not yet been adjudicated.
(2)
University’s Interaction with Other Entities. The University will cooperate with law
enforcement and other government agencies in the enforcement of criminal law on
University-controlled property and in the conditions imposed by criminal courts for the
rehabilitation of students who have violated the criminal law.
(3)
Withdrawals. If a Respondent voluntarily withdraws from the University before the conclusion
of the student conduct process, SCCS retains the right to investigate and resolve the
allegations made against the Respondent. A disciplinary hold may remain in place or be
implemented after the student withdraws in order to enforce this Section .03(3).
(4)
Time Extensions and Rescheduling. Any time period described in the Code may be extended
for good cause at the discretion of SCCS. Any meeting or hearing described in the Code may
be rescheduled for good cause at the discretion of SCCS.
(5)
Voluntary Impairment. A student’s voluntary impairment to themselves resulting from the use
and/or consumption of alcohol, drugs, chemicals, and/or other substances does not excuse
or diminish a violation of the Code, except as provided in Section .12 (Amnesty for Individual
Good Samaritans and Students in Need of Emergency Medical Attention).
(6)
Other Rights – Sexual Harassment, Sexual Assault, Dating Violence, Domestic Violence,
Stalking, Sexual Exploitation, or Retaliation. In addition to rights granted in the Code, in
cases involving an allegation of sexual harassment, sexual assault, dating or domestic
violence, stalking, sexual exploitation, or retaliation, the Complainant and the Respondent
shall have the rights outlined in the University’s rules, policies, and procedures for
investigating and resolving complaints of sexual harassment, sexual assault, dating violence,
domestic violence, stalking, sexual exploitation, or retaliation in accordance with Title IX of
the Education Amendments of 1972, the Jeanne Clery Disclosure of Campus Security Policy
and Campus Crime Statistics Act, University rules, and other applicable law.