Related Polices and Guidelines

TBR Policy 1.02.11.00 Appeals to the Chancellor and the Board

TBR Policy 1.06.00.05 Uniform Procedures for Cases Subject to the Uniform Administrative Procedures Act

TBR Policy 3.02.00.01 General Policy on Student Conduct & Disciplinary Sanctions

TBR Policy 3.02.01.00 Student Due Process Procedure

TBR Rule 0240-02-03 Student Conduct and Disciplinary Sanctions

NeSCC Policy 03:05:00 Expectations of Students and Student Code of Conduct

NeSCC Policy 03:05:03 Disciplinary Offenses

NeSCC Policy 03:05:04 Academic, Non-Academic, and Classroom Misconduct

NeSCC Policy 03:05:05 Disciplinary Sanctions

NeSCC Policy 06:43:00 Student Discipline Committee

NeSCC Policy 06:51:00 Academic Discipline Committee

Purpose

Northeast State Community College, in the implementation of TBR regulations pertaining to discipline and conduct of students, ensures the constitutional rights of students by affording a system of constitutionally and legally sound procedures, which provide the protection of due process of law. In furtherance of this mandate, Northeast State has enacted policies, which are in compliance with TBR Rule 0240-02-3 and TBR Policies 3.02.00.01 and 3.02.01.00, as well as all state and federal law. All disciplinary procedures are affirmatively communicated to the faculty, staff, and students of the institution as well as published in appropriate websites, handbooks, or manuals.

General

Institutions shall provide students with a system of constitutionally and legally sound procedures that provide the protection of due process of law in accordance with these rules, institutional restatement of these rules, and applicable state and federal law. The institution’s restatement of rules, processes, and procedures shall be published on the institution’s website and communicated to students.

At Northeast State Community College, the Assistant Vice President for Enrollment Services, or other administrator designated by the institution is responsible for matters within the scope of these rules, except that the Chief Academic Officer is responsible for matters related to academic misconduct. In situations where the conduct could fall within both areas of responsibility, the two (2) offices will confer and decide which policy will apply and advise the student or student organization in writing of the decision.

Complaints related to discrimination, harassment, and retaliation that are not subject to another rule will be investigated and resolved in accordance with these rules and the institution’s restatement of these rules, procedures, and processes.

In determining whether the evidence establishes a violation of these rules, the institution shall use the standard of evidence for contested cases under the UAPA and Department of State Rule 1360-04-01. At all times the burden of obtaining evidence and establishing a violation shall be on the institution. In the event of bias or conflict of interest by an institutional official, the institution may appoint a substitute, who may or may not be employed by the institution. The investigator shall conduct an appropriate investigation, which may include interviews of the parties and witnesses, as well as review of documents and other information. The purpose of the investigation is to determine whether the evidence establishes a violation of these rules. The parties are encouraged, but not required, to provide information that they want the investigator to consider:

1. The investigator shall provide written notice of receipt of a written complaint or the decision to initiate an investigation.
2. The investigator shall notify students that the institution will comply with FERPA and only disclose information in accordance with FERPA and other applicable law.
3. The investigator shall prepare a report summarizing the investigation. The report shall include, but not be limited to, the dates of the alleged occurrences, the response of the respondent, the findings of the investigator, and recommendations regarding disposition of the complaint.
4. The report shall be submitted to the institution’s president or designee within sixty (60) calendar days following receipt of the complaint, absent cause for extending the investigation timeline. In situations where more time is needed to complete the investigation, written notice shall be provided to the parties explaining the reasons.
5. The president or designee shall review the investigator’s report and shall make a written determination as to whether these rules have been violated and the appropriate disciplinary sanction, if any. The president or designee’s determination and the investigator’s report shall be provided to the parties, unless prohibited by law.
6. Either party may send a written request to reconsider to the president or designee within ten (10) working days, absent good cause, of receipt of the president’s or designee’s determination.
   1. The request to reconsider process shall consist of an opportunity for the parties to provide information to the president’s or designee’s attention that would change the determination and/or disciplinary sanction. A party must explain why the factual information was incomplete, the analysis of the facts was incorrect, the determination was affected by bias or a conflict of interest, procedural irregularity, and/or the appropriate standard was not applied, and how this would affect the determination. Failure to do so may result in denial of the request to reconsider.
   2. The parties will not be allowed to present their request to reconsider in person unless the president or designee determines, in his or her sole discretion, to allow an in-person appearance.
   3. The president or designee shall issue a written response to the request to reconsider as promptly as possible. The decision will constitute the institution’s final decision.
   4. The institution shall provide written notice of the ability to contest the determination and/or disciplinary sanctions, including where applicable, the ability to request a contested case hearing pursuant to the UAPA, to the parties at the time the parties are advised of the determination and upon the resolution of any request to reconsider or appeal.

Students and student organizations subject to any disciplinary sanction are entitled to a due process hearing in accordance with these rules and standards established by the constitutions of the State of Tennessee and the United States unless that right is waived after receiving written notice of the available procedures.

All proceedings under these rules will be held in closed session and not open to the public. Formal rules of evidence shall not be applicable. The administrator or committee chair may exclude evidence, which in their judgment is immaterial, irrelevant, or unduly repetitious. Evidence in contested case hearings will be considered in accordance with TBR Rule 0240-01-05 and Department of State Rule 1360-04-01.

Written notice to a student or student organization is accomplished either by handing a copy to the student; sending documents via email to the student’s or student organization’s institutional email account; email account of record on file with the institution; or by sending a copy via certified mail, registered mail, return receipt requested mail, or a nationally recognized delivery service that tracks delivery to the student’s residence of record or the student organization’s address of record.

Minimum Requirements of Due Process for Institutional Hearings. Students subject to any disciplinary sanction are entitled to a due process hearing unless that right is waived by the student after receiving written notice of the available adjudication options. If, in accordance with the institution regulations governing discipline in cases of academic and non-academic misconduct, a hearing is requested, the following minimal procedures will be observed: 

1. The student shall be advised, in writing, of the breach of regulation(s) of which they are charged.
2. The student shall be advised of the time, date, and place of the hearing allowing reasonable time for preparation.
3. The student shall be advised of the following rights applicable at the hearing:
   1. The right to present their case. However, the student’s absence, absent with good cause, will not hinder a hearing committee from meeting and rendering a decision.
   2. The right to be accompanied by an advisor. The hearing committee may restrict the advisor’s right to speak at the hearing. The advisor can be an attorney if Northeast State is equally represented after due notice of the advisor’s status.
   3. The right to call witnesses in their behalf.
   4. The right to confront witnesses against them.
   5. The student shall be advised of the method and time limitations for appeal, if any is applicable.

Students subject to any disciplinary sanction are entitled to a due process hearing unless that right is waived by the student after receiving written notice of the available procedures. 

The President of Northeast State Community College is authorized to intervene in order to negotiate a mutually acceptable resolution to any disciplinary proceeding, or, subsequently, to convert any finding or sanction imposed to a lesser finding or sanction, or to rescind any previous finding or sanction, in appropriate cases. 

Initiation of Charges

1. Northeast State Community College may initiate the disciplinary process on the basis of written allegations received from any source, including any member of the college community. Complaints should be directed to the Assistant Vice President for Enrollment Services, except those complaints relating to discrimination, harassment, and retaliation should be referred to the administrator identified by the institution so that such complaints can be handled in accordance with these policies. The institution may also initiate disciplinary procedures without written allegations if it becomes aware of potential violations of these policies through other means.
2. When the allegations, if proven, may warrant the imposition of a disciplinary sanction, the institution shall inform the student of the allegations and proceed to gather information concerning the matter, including, but not limited to, interviewing relevant witnesses and reviewing relevant documents and evidence. Students who may be the subject of disciplinary sanctions will be provided the minimum due process protections identified in these rules.
3. After reviewing the evidence, the administrator with responsibility for the matter shall decide whether sufficient evidence exists to charge the student, and if so, the appropriate disciplinary sanction(s). Notice of the charges and disciplinary sanction(s), if any, shall be provided in writing to the student. If there is insufficient evidence to continue the disciplinary process, the matter will be closed, and written notice will be provided to the student.

NeSCC Academic Misconduct Grievance Procedures and Notice of Academic Misconduct. An instructor who has good cause to believe that a student engaged in academic misconduct in connection with a course taught by the faculty member or an examination proctored by the faculty member, or designee, may choose to exercise Summary Academic Discipline as outlined below:

1. An instructor who determines that a student has engaged in academic misconduct may choose to exercise academic discipline by lowering to any extent, including to a grade of “F” or “zero,” a student’s grade in the course, assignment, or examination affected by the alleged academic misconduct.
2. An instructor who initiates academic discipline shall inform the appropriate Chair and Academic Dean in writing of the finding of academic misconduct, the basis thereof, the academic discipline imposed, and the appeals process within five (5) days of the imposition of academic discipline.
3. A student may not withdraw from a course pending final resolution of an allegation of academic misconduct. Students are permitted and encouraged to continue attending class until the academic disciplinary decision, including all appeals, is final.
4. A student charged with academic misconduct has the option of either accepting the academic discipline imposed by the instructor or initiating the appeals process to challenge the allegation of academic misconduct or the severity of the academic discipline. If the student does not respond in writing within five (5) days by either accepting or appealing the academic discipline to the institutional academic misconduct appeals committee, the student waives the right to contest the academic discipline, at which time it becomes final.
5. Northeast State Community College’s academic misconduct appeals committee shall consist of at least four (4) faculty members and include at least one (1) student representative. The Vice President of Academic Affairs will appoint faculty members as standing members. The Assistant Vice President for Enrollment Services will assemble the committee and coordinate the hearing but is a non-voting member. Any committee member who has an interest in the incident, a conflict of interest, or a bias is not permitted to serve on the committee. NeSCC may maintain standing pools from which individuals may be appointed and/or appoint ad hoc academic misconduct appeals committee in the event standing members are unavailable to participate for any reason.
6. The academic misconduct appeals committee will schedule a hearing date that is within fifteen (15) business days of receipt of date of the student’s appeal. The student must receive at least seven (7) calendar days’ notice of the date, time, and location of the hearing. A student will be notified of the due process protections provided for in TBR Rule 0240-02-03-.06.
7. The Academic Misconduct Appeals Committee will conduct the appeal hearing, consider all relevant information presented, and make a decision based on a simple majority vote using a preponderance of the evidence standard. The committee can either uphold, overturn, or lessen the academic discipline. The sanction cannot be increased by the committee. The committee’s decision will be conveyed to the student in writing, through the Assistant Vice President for Enrollment Services, within ten (10) business days of the hearing.
8. If the Academic Misconduct Appeals Committee upholds or lessens the academic discipline, the student may appeal in writing to the President within five (5) business days following receipt of the decision of the committee. The President will make a decision within ten (10) business days. The President’s decision is final.
9. The President, Academic Vice President or Assistant Vice President for Enrollment Services has the ability to extend any deadline in this section for good cause and upon written notice to the student.
10. In addition to academic discipline, a student who is found responsible for academic misconduct, either one (1) or more times, may be subject to disciplinary sanctions in accordance with these rules.
11. Northeast State Community College will maintain permanently all submissions by the student and all decisions of institutional officials and committees relating to academic misconduct.

NeSCC Procedures for Notice of Non-Academic Misconduct. All complaints of alleged misconduct of a student or student organization shall be made in writing to the Assistant Vice President for Enrollment Services. The complaint should contain a statement of facts outlining each alleged act of misconduct and shall state the policy the student or organization is alleged to have violated. 

1. The Assistant Vice President for Enrollment Services shall investigate the complaint. If it is determined that the complaint is without merit, the investigation shall promptly cease.
2. If it is determined that there is probable cause to believe that a violation did occur, the student (or student organization advisor and president) shall be notified in writing (Notice of Non-Academic Misconduct letter) within five (5) business days by the Assistant Vice President for Enrollment Services of the complaint and the specific allegations made against them, and the process shall proceed as outlined below.

For students or student organizations facing disciplinary action, four (4) potential processes exist for adjudication of the case. The student (or student organization advisor and president) shall be informed in writing of each option, including which options may be utilized based on the case, and the due process rights associated with each option.

The student will have five (5) business days following written notification to select an option. If a student fails to return the election of a procedure in a timely manner, the student will be deemed to have waived the right to contest the disciplinary sanction. Selection of one (1) of the following options for resolution constitutes waiver of all other options.

1. Contested Case Hearing. All cases which may result in either suspension or expulsion of a student from the institution for disciplinary reasons, or revocation of registration of a student organization, are subject to the contested case provisions of the Uniform Administrative Procedures Act (UAPA), T.C.A. §§ 4-5-301 et seq., and TBR Rule 0240-01-05, unless the student or student organization, after receiving written notice, waives those procedures.
   
   
2. Institutional Panel Hearing.
   1. An Institutional Panel Hearing Committee at a community college shall consist of at least three (3) individuals and include at least one (1) student. The Student Conduct Officer or other administrator identified by the institution will assemble the committee and coordinate the hearing but will not vote as to the committee’s decision. An individual who has an interest in the incident, a conflict of interest, or a bias is not permitted to serve on the committee. The institution may appoint individuals from standing pools and/or appoint ad hoc committees.
   2. The committee will set a hearing date that is within fifteen (15) business days of receipt of the student’s request for a panel hearing. The student must be notified of the date, time, and location of the hearing as soon as possible, but given at least seven (7) calendar days’ notice. A student will be notified of the due process protections provided for in these rules.
   3. The committee will conduct the hearing, consider the relevant evidence presented, and make a decision based on a simple majority vote. The committee can either uphold, overturn, or lessen the disciplinary finding and/or sanction. The results of the decision will be conveyed to the student in writing, through the Student Conduct Officer or other administrator identified by the institution, within ten (10) business days of the hearing.
   4. If the committee upholds or lessens the disciplinary finding and/or sanction, the student may appeal in writing to the President within five (5) business days following receipt of the decision of the committee. The President will make a decision within ten (10) business days. The President’s decision is final.
   5. The President, Student Conduct Officer or other administrator identified by the institution has the ability to extend deadlines for good cause and upon written notice to the student.
   6. The institution shall maintain all submissions by the student and all decisions of institutional officials and committees permanently.
3. Administrative Resolution. An administrative resolution involves the student meeting with a single administrator appointed by (i) for community college students, the Student Conduct Officer or other administrator identified by the institution or (ii) for college of applied technology students, the President. There is no appeal. The decision of the administrator is final.
4. Waiver. A student may elect not to contest the disciplinary action, either affirmatively or by failing to return the election of a procedure in a timely manner, which serves as a waiver of the right to contest the disciplinary action.

Written charges, hearing determinations, and waiver forms will be served by mailing via certified mail a copy to the student (or student organization advisor and president) at their residence or last known residence. Official correspondence may also be sent to the student’s college email as well. The student (or student organization advisor and president) will have five (5) business days to select a hearing option. Student or organization failure to respond in writing within five (5) days of receipt will constitute a waiver of all hearing options.

Election of use of UAPA or Northeast State Student Discipline Committee hearing options entitles the student or student organization to due process. Student or organization election of the use of informal adjudication or to not contest the case requires that the student or organization waive, in writing, their right to due process. Selection of one option constitutes waiver of all other options. The student or organization shall have five (5) business days following written notification to select an option.

In cases in which the student or student organization elects to have the Assistant Vice President for Enrollment Services informally adjudicate the case, the case shall be adjudicated according to Alternative Resolution Procedures as allowed by TBR Policy 3.02.00.01 and with the consent of all relevant parties. The decision of the Assistant Vice President for Enrollment Services will be final. If a student or organization, absent good cause, fails to return the Student Conduct Waiver/Election of Hearing Procedures form within five (5) business days, the student or organization will be deemed to have waived a right to the processes described above and Northeast State may proceed as it deems, in its sole discretion, appropriate in the circumstances.

Uniform Administrative Procedures Act (UAPA) Hearing. Students or student organizations who seek an appeal of non-academic discipline may select a Uniform Administrative Procedures Act (UAPA) hearing as described in TBR Policy 1:06:00:05.

All cases which may result in: a) suspension or expulsion of a student, or student organization, from the institution, for disciplinary reasons or b) revocation of registration of a student organization, are subject to the contested case provisions of the Uniform Administrative Procedures Act (UAPA), TCA § 4-5-101 et seq., and shall be processed in accord with the Uniform Procedures for Cases adopted by the Tennessee Board of Regents (TBR Policy 1:06:00:05) unless the student or student organization, after receiving written notice, waives those procedures and elects to have the case disposed of in accord with institutional procedures or waives all right to contest the case under any procedure.

Student Discipline Committee Hearing.  Students or student organizations may select adjudication of a non-academic discipline case by hearing of the Student Discipline Committee (NeSCC Policy 06:43:00).

1. The student or student organization shall be advised by the Assistant Vice President for Enrollment Services, in writing, of the alleged violation of policy(s) of which they are charged. Written charges of alleged violations will include the alleged policy violation; a statement of the facts to be presented and an explanation of the evidence against them; and a statement that a hearing will be conducted before the Northeast State Student Discipline Committee on the charges together with notice of the date, time, and place of the hearing. The student or organization accused of misconduct will be given a copy of the institutional policies concerning due process procedures.
2. The hearing date will be scheduled within twenty (20) business days of student or organization election of a Student Discipline Committee hearing. The hearing will be conducted at the date, time, and place specified, unless postponed for good cause. The Assistant Vice President for Enrollment Services convenes and chairs the Student Discipline Committee hearing.
3. Any individual who has an interest in the case will not sit in judgment as a member of the hearing committee.
4. The student or student organization will receive from the Assistant Vice President for Enrollment Services a written copy of the decision of the Student Discipline Committee with any sanctions within ten (10) business days of the hearing.
5. The student or student organization may appeal the decision in writing within five (5) business days to the President of the College. Any sanction assessed shall be suspended pending outcome of the appeal, contingent upon the safety and security of the campus at large.
6. The President will make a determination within ten (10) business days and issue the decision in writing to the student or student organization. The President’s decision is final except in those cases in which TBR Policy 1.02.11.00 provides appeal to the Chancellor and the Tennessee Board of Regents.
7. The Student Discipline Committee shall meet as appropriate during each term of the academic year.

Interim Withdrawal or Suspension Hearings. TBR Policy 3.02.00.01 provides that hearings conducted with regard to interim involuntary withdrawal or suspensions imposed prior to or pending the outcome of a disciplinary investigation or proceeding shall be conducted consistent with the minimum requirements of due process applicable to an institutional hearing, taking into account the need for a timely hearing. The evidence presented at the hearing shall be limited to that which is relevant to the basis asserted for imposition of the interim involuntary withdrawal or suspension. In determining whether a student should be involuntarily withdrawn or suspended for threatening or disruptive conduct, the institution shall consider the nature, duration, severity, and probability of the threat posed or the disruption caused by a student, relying on the best available objective evidence and, if applicable and obtainable, on the most current medical evidence.

1. The Assistant Vice President for Enrollment Services serves as the institution’s Conduct Officer, may utilize an interim withdrawal or suspension, if deemed appropriate. In any case of interim withdrawal or suspension, the student or student organization shall be given an opportunity at the time of the decision, or as soon thereafter as reasonably possible, to present evidence, and the opportunity to initiate full due process within thirty (30) days of the removal.

Procedures Related to Interim Involuntary Withdrawal or Suspension Hearings

1. When the Assistant Vice President for Enrollment Services or other administrator identified by the institution determines that an interim suspension or other interim measure is required for the health and safety of the institutional community and/or property, or to prevent an ongoing imminent threat of disruption to or interference with the normal operations of the institution, the student will receive an opportunity for an informal hearing with the Assistant Vice President for Enrollment Services or other administrator identified by the institution to contest the interim measure.
2. The informal hearing will be held within five (5) calendar days, absent good cause.
3. The evidence presented at the hearing shall be limited to that which is relevant to the basis asserted for imposition of the interim suspension or other interim measure.
4. The student will be entitled to a formal hearing in accordance with the due process protections described in these rules before a permanent disciplinary sanction is imposed.

Alternative Resolution Procedures: An institution, with the consent of all relevant parties, may use an alternative resolution method including, but not limited to, an apology, mediation, or a negotiated resolution.