I:01:19 Cases Heard Pursuant to the Uniform Administrative Procedures Act

 

I.  PURPOSE

This policy describes the circumstances under which Middle Tennessee State University (MTSU) will apply the contested case hearing provisions of the Uniform Administrative Procedures Act (UAPA), Tenn. Code Ann. §§ 4-5-101 et. seq. and the procedures for UAPA hearings.

II. SCOPE

The contested case procedures set forth in the UAPA may be applicable in all cases in which the legal rights, duties and privileges of a party are required by any statute or constitutional provision to be determined by an agency after an opportunity for a hearing. These procedures may also apply when MTSU policy provides that a hearing take place pursuant to the provisions of the UAPA.

The contested case procedures in the UAPA may apply in the following cases: (1) demotion, suspension without pay, or termination of support staff employees where the employee has elected to pursue a UAPA hearing instead of an employee panel hearing as the final step of the grievance process (MTSU Policy No. IV:07:23 Support Staff Grievance Procedures and Tenn. Code Ann. § 49-8-117); (2) suspension or expulsion of a student who elects and properly requests a UAPA hearing instead of an institutional hearing (MTSU Policy No. III:00:03 Student Disciplinary Rules); and (3) any other case where law requires a contested case hearing and such a hearing is requested.

These procedures are not applicable to termination of certain faculty for adequate cause as such instances are subject to the provisions of Tenn. Code Ann. § 49-8-302 and MTSU Policy No. II:01:05A Policies and Procedures for Tenure.

III. AUTHORITY OF THE PRESIDENT

A.  The President of MTSU is responsible for implementation of these procedures, and has the final decision making authority in any proceeding subject to these procedures.

B.  The authority and responsibilities of the President set forth herein may be delegated by him or her to individual designees who are members of the staff of MTSU. All references herein to the President include any designee of the President. The President shall be responsible for any action taken under a delegation of his or her authority.

IV.  SELECTION OF HEARING OFFICER OR HEARING COMMITTEE

A.  The President shall determine, in his or her discretion, whether the hearing shall be held before a hearing officer or a hearing committee.

B.  Hearing officers shall normally be appointed by the President from the administrative or professional staff of MTSU. Contested cases may also be conducted by an administrative judge from the Administrative Procedures Division of the Office of the Secretary of State. MTSU may submit a request for an administrative judge through the Office of the University Counsel.

C.  A hearing committee may be appointed by the President from the administrative, professional staff and/or appropriate employees or students at MTSU. The person appointed by the President as hearing officer shall be deemed to be the chair of the hearing committee for purposes of presiding at the hearing.

V.  HEARING PROCEDURES

Unless specifically stated in another policy to the contrary, the hearing procedures set forth in Tenn. Code Ann. §§ 4-5-301, et. seq. and Tenn. Comp. R. & Regs. 1360.04.01.01 et seq. shall apply to cases heard pursuant to this policy.

VI.  SUSPENSIONS PENDING A CONTESTED CASE HEARING

The President shall have authority to suspend a student or employee pending a contested case hearing. Grounds and procedures for interim suspension of a student are set forth in MTSU Policy III:00:03 Student Disciplinary Rules. Grounds and procedures for suspension of employees are set forth in MTSU Policy IV:07:10 Disciplinary Procedures-Classified Personnel

Revisions: July 1, 1979; December 17, 1998; December 16, 2002; September 19, 2003; Aprl 12, 2017.

Cross-references: Uniform Administrative Procedures Act; Tenn. Code Ann. §§ 4-5-101 et seq., 49-8-107; 49-8-117; 49-8-302; §§ 4-5-301, et. seq.; Tenn. Comp. R. & Regs. 1360.04.01.01 et seq.; MTSU Policies IV:07:23 Support Staff Grievance Procedures, III:00:03 Student Disciplinary Rules, II:01:05A Policies and Procedures for Tenure, IV:07:10 Disciplinary Procedures-Classified Personnel.