0240-09-01-.05
Disciplinary Sanctions
Cite as Tenn. Comp. R. & Regs. 0240-09-01-.05
(1)
Upon a determination by a preponderance of the evidence (unless otherwise required by
federal or state law, rule, or regulation) that a Student or RSO has engaged in prohibited
conduct, the following disciplinary sanctions may be imposed, either singly or in combination,
by the Dean of Students and/or a Tennessee Tech Judicial council:
(a)
Informal Warning: An oral or written warning to the Student or RSO found responsible
for a violation when the circumstances and severity of actions do not warrant the
development of an official record;
(b)
Official Warning: A written notice to the Student or RSO found responsible for a
violation. The warning will serve as official notification that continuation or repetition of
specified conduct will be cause for further disciplinary action;
(c)
No Contact Order: An order of no contact with any individuals who are complainants,
victims, or witnesses in the student conduct process. This includes, but is not limited to,
verbal, written, electronic, cellular, physical, or social contact, or allowing others to
make any similar contacts on a Student’s behalf. An order of no contact can also be
issued as an interim measure prior to the completion of the disciplinary process;
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(d)
Restitution: A measure intended to compensate for the loss, damage, or injury caused
by the Student or an RSO. This action may take the form of appropriate service,
monetary compensation, or material replacement;
(e)
Restriction of Privileges: A restriction upon a Student or RSO’s privileges for a period of
time. These restrictions may include, but are not limited to denial of the following:
1.
The ability to represent Tennessee Tech at any event;
2.
Use of Tennessee Tech facilities;
3.
Parking privileges;
4.
Participation in, election to, or appointment as a member or officer of Student
Government or any RSO; or
5.
Application for use of Tennessee Tech funds;
(f)
Educational Action: A measure intended to educate the Student or members of the
RSO on the responsibilities to refrain from prohibited conduct and learn from the
violation. Educational actions include, but are not limited to:
1.
Attendance at educational activities or substance education workshops;
2.
Completion of a prescribed number of community service hours;
3.
Participation in a counseling assessment; or
4.
Attendance at community education classes;
(g)
Parental or Legal Guardian Notification: Pursuant to T.C.A. § 49-7-146, Tennessee
Tech is required to notify a parent or legal guardian of a Student under age twenty-one
(21) if the Student “has committed a disciplinary violation with respect to the use or
possession of alcohol, or a controlled substance, or a controlled substance analogue
that is a violation of any federal, state, or local law, or any rule or policy of [Tennessee
Tech], except as prohibited by the Federal Education Rights and Privacy Act (FERPA)
(20 U.S.C. § 1232g).” Tennessee Tech will provide such notice if:
1.
The student admits responsibility for engaging in the prohibited conduct; or
2.
There is a final finding of responsibility pursuant to Tennessee Tech disciplinary
procedures;
(h)
Disciplinary Probation: Continued enrollment of a Student or recognition of an RSO on
probation may be conditioned upon adherence to Tennessee Tech rules and policies
related to student conduct. Probation may include restrictions of privileges or any other
appropriate conditions. Any conduct in further violation of Tennessee Tech rules and
policies related to student conduct 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 up to and including expulsion or withdrawal of recognition;
(i)
Housing Probation: Continued residence in Tennessee Tech student housing may be
conditioned upon adherence to Tennessee Tech rules and policies related to student
conduct as well as Tennessee Tech housing rules and related policies and
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requirements. Probation may include restrictions upon the activities of the resident,
including any other appropriate conditions;
(j)
Interim Measures: The Dean of Students or designee may impose temporary measures
prior to the beginning of a formal student conduct process. If Tennessee Tech imposes
an interim measure, the Student or RSO may contest the measure following the
procedures in 0240-09-01-.07 Disciplinary Procedures, Section 8. (Procedures Related
to Interim Action). Interim measures may become permanent depending on the
outcome of the formal disciplinary hearing. Interim measures may include, but are not
limited to:
1.
No contact orders;
2.
Removal from or reassignment of housing;
3.
Removal from or reassignment of on campus work study or work assignments;
4.
Removal from or reassignment of a specific class or academic activity;
5.
Restriction of access to specified buildings or Tennessee Tech Property;
6.
Restriction of privileges; or
7.
Other types of temporary measures;
(k)
Interim Suspension:
1.
Interim suspension is the immediate removal of a Student from Tennessee Tech
Property, including but not limited to, facilities, programs, privileges, classes, and
premises pending a formal disciplinary hearing.
2.
The Dean of Students or designee may impose an interim suspension if, after an
individualized assessment, the Dean of Students or designee determines that the
Student’s behavior poses a significant risk to the health or safety of others that
cannot be eliminated by other interim measures.
3.
The Dean of Students or designee may also impose an interim suspension when
a Student is determined to constitute an immediate threat to Tennessee Tech
Property or a substantial disruption to classroom and/or Tennessee Tech
operations.
4.
A Student placed on interim suspension status must obtain advance permission
from the Dean of Students or designee to be present on Tennessee Tech
Property. The Dean of Students or designee will grant such permission only in
cases where the Student has identified a legitimately necessary reason for
his/her presence on campus.
5.
If Tennessee Tech imposes an interim suspension, the Student may contest the
matter following the procedures in 0240-09-01-.07 Disciplinary Procedures,
Section 8. (Procedures Related to Interim Action);
(l)
Revocation of Registered Student Organization Status: A designated period of time in
which an RSO is not recognized by Tennessee Tech and does not receive designated
privileges as defined by Tennessee Tech policies related to student organizations;
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(m)
Suspension of Housing Contract: The separation of a Student or members of an RSO
from facilities maintained by Residential Life for a temporary or definite period of time,
after which the Student or RSO is eligible to return or may be conditionally allowed to
return. Subsequent rule or policy violations may result in cancellation of the housing
contract(s);
(n)
Cancellation of Housing Contract: A permanent separation of the Student or RSO from
facilities maintained by Residential Life. A Student or RSO dismissed from these
facilities is not eligible for readmission into any Residential Life facilities maintained by
Tennessee Tech;
(o)
Suspension: The separation of a Student or RSO from Tennessee Tech for a specified
period of time. Suspension may be accompanied by special conditions for readmission.
All Students suspended from Tennessee Tech will be issued a no trespass directive
barring them from Tennessee Tech Property and all Tennessee Tech Activities. A
suspended Student must submit a written request to the Dean of Students or designee
at least three (3) business days, absent good cause, in advance to request permission
to be present on Tennessee Tech Property or at a Tennessee Tech Activity. This
request must specifically identify the nature of the official business that the suspended
Student wishes to conduct as well as the locations that the Student wishes to visit;
(p)
Expulsion: A permanent separation from Tennessee Tech. The imposition of this
sanction is a permanent bar to the Student’s admission to, or an RSO’s recognition at,
Tennessee Tech. Any Student that receives this sanction will be issued a no trespass
directive barring him/her from Tennessee Tech Property and all Tennessee Tech
Activities;
(q)
Withholding Degree: The awarding of a degree may be withheld until all disciplinary
processes are complete and all sanctions, if any, are satisfactorily completed;
(r)
Revocation of Degree: Revocation of a degree in cases when a Student has engaged
in serious misconduct while enrolled, but not discovered until after graduation;
(s)
Revocation of Admission: Revocation of admission when a person previously admitted
to Tennessee Tech has engaged in serious misconduct prior to the first day of classes,
or on the first day residence halls are open, or the first day of the student orientation,
advising, and registration program, whichever is earlier.
(t)
Any alternate sanction deemed necessary and appropriate to address the prohibited
conduct.