III:00:07 Disciplinary Procedures Pursuant to the Tennessee Uniform Administrative Procedures Act

I. PURPOSE

The following is designed to provide a uniform system of procedures, to be used by Middle Tennessee State University, in the hearing of disciplinary cases, in compliance with the Tennessee Uniform Administrative Procedures Act, Title 4, Chapter 5, Tennessee Code Annotated (hereinafter referred to as Act).

II. APPLICATION

A. These procedures are applicable to cases involving student or student organization (hereinafter included in the reference to students) conduct serious enough to warrant (a) suspension or expulsion from the institution, a program or a course for disciplinary reasons, (b) revocation of registration of a student organization during the term of registration, and (c) to such other cases as may be designated by the institution.

B. These procedures will be available to a student only upon his or her election. (See Section VII Preliminary Conference.)

III. DEFINITIONS

A. "Student" refers to any person registered for courses, on either a part-time or full-time basis, at Middle Tennessee State University.

B. "Student Organization" refers to any group of students which has been chartered or officially recognized in accordance with institutional rules and regulations.

C. "Suspension" means that a student has been suspended for disciplinary reasons from Middle Tennessee State University for a definite or indefinite period of time, after which he or she may reapply for admission.

D. "Expulsion" means that a student has been permanently separated for disciplinary reasons from Middle Tennessee State University and may not be readmitted.

IV. AUTHORITY

A. The President of Middle Tennessee State University is responsible for implementation of these procedures. All determinations and findings made by any person, hearing officer, or hearing committee shall be subject to appeal to the President by the student.

B. The authorities and duties of the President set forth herein may be delegated by him to individuals who are members of the staff of the institution. All references to the President shall include any designee of the President, who shall be responsible for any action taken under a delegation of his authority.

V. HEARING DIRECTORS

A. The President shall designate a member of the staff to be responsible for the administration of the procedures outlined herein, which person shall be called the "Director" for the purpose of these procedures. The President may designate as many assistants to the Director as may be necessary to implement these procedures, and may authorize each assistant to exercise the same duties and responsibilities as the Director.

B. The Director shall investigate all cases which may be subject to these procedures which are brought to his attention, and may recommend to the President whether a hearing shall be commenced in any case.

C. In any case which may proceed to a hearing under these procedures, the Director shall:

1. Notify the Office of the General Counsel of the matter pending and request assistance from that office if necessary.

2. Initiate the hearing procedures by sending all appropriate notices, making all arrangements for the hearing, and marshalling and presenting evidence at the hearing, except in those cases where the University will be represented by a member of the staff of the office of General Counsel or any other designated person.

3. Provide all parties with a copy of these procedures.

VI. HEARING OFFICERS AND COMMITTEES

A. In any case where a hearing pursuant to these procedures is required, the President shall determine, based upon the nature of the case, 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 the University. Upon request from the President, the Chancellor may appoint a hearing officer in any case, either from within or without the institution. Contested cases may also be conducted by and Administrative Judge from the Administrative Procedures Division of the Office of the Secretary of State upon request of the institution to the office of General Counsel.

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

D. A "director" may not be appointed to serve as a hearing officer.

  VII. PRELIMINARY CONFERENCE

A. Whenever practical, a preliminary conference should be held with the student involved concerning the matter which is complained of or contested. After a discussion of the issues, if there remain any issues of fact or cause or effect which are contested by the student, the same shall be advised of the opportunity to elect to have a hearing pursuant to these procedures or pursuant to the established university procedures.

B. As a result of any preliminary conference, a student who might otherwise be entitled to a hearing pursuant to these procedures may waive such a hearing and accept the decision proposed by the Student Personnel Dean. Any such decision by the student to accept the findings and recommendations may be made verbally or in writing, and if made in writing, it should be signed by the appropriate parties, contain an express statement of the facts involved, and of the decision accepted by the student, and should expressly state that these procedures are knowingly and voluntarily waived by the student or organization.

C. Following a preliminary conference, or prior to commencement of any hearing under these procedures, where any issues of fact or cause and effect are contested by the person, he or she shall be advised of hearing procedures available under the Act and of the established University procedures available for resolution of the matter in question, and shall be given the opportunity to elect the procedures pursuant to which the matter will be heard. Where the person elects to proceed under the established University procedures for resolution of the matter, the election shall be in writing and signed by the person, and shall expressly waive the procedures available under the Act as to the matter in question.

VIII. SUSPENSIONS PENDING A HEARING

A. A student charged with an offense at Middle Tennessee State University may be suspended by the President pending a hearing subject to these or alternate procedures when the student's presence poses a continuing danger to persons or property or an ongoing threat of disrupting the academic processes of the University.

B. In any case of immediate suspension, the student shall be given the opportunity at the time of the decision or immediately thereafter to contest the suspension, and if there are disputed issues of fact or cause and effect, the student shall be provided a hearing on the suspension as soon as possible at which the student may cross-examine his or her accuser, present witnesses in his or her behalf, and be represented by counsel. Thereafter, whether the suspension is upheld or revoked, the case shall proceed pursuant to these procedures.

IX. PREHEARING PROCEDURES

If the Director has determined that a hearing under these procedures should be held, or if the student has, after a preliminary conference, determined that he desires a hearing under these procedures and is otherwise entitled to such a hearing, the following steps should be taken by the Director:

A. Notice of complaint. The student shall be provided reasonable notice of the hearing, which shall include the following:

1. A statement of the time, place, and nature of the hearing,

2. A statement advising the student of his or her right to be represented by counsel,

3. A statement of the University regulation under which the hearing will be held,

4. A reference to the particular regulation involved, and

5. A short and plain statement of the matter asserted.

If the institution is unable to state the matters in detail at the time the notice is served, the initial notice may be limited to a statement of the issues involved. Thereafter, upon timely written application, a more definite and detailed statement shall be furnished ten (10) days prior to the time set for the hearing.

B. Time for hearings.

1. Hearings shall normally be held within twenty (20) calendar days of the date of the notice of hearing.

2. Extensions of time may be granted upon motion by either party in the event pre-hearing discovery will not be completed by the designated time of the hearing, provided that the parties have proceeded with discovery with due diligence.

3. Other than as required for the convenience of the hearing officer extensions of time for hearings for reasons other than discovery shall be authorized only for good and compelling reasons.

C. Service. Notice of the hearing should be delivered to the student by return receipt mail or should be served by a person designated by the institution. If a person evades or attempts to evade service, service may be made under the provisions of TRCP 4.04. The person making person service on a party shall make an affidavit on oath as to the time and place of service.

D. Answer. The student charged shall respond in writing within five (5) days of the service of the notice of hearing which response may generally admit or deny all allegations, or may admit in part and deny in part the allegations made in the notice, and may set forth relevant issues of fact. If the party charged elects to be represented by counsel at the hearing, the response must so indicate in writing and the name and office address of the attorney must be provided. Failure to provide written notice of the name and address of the counsel in the response may result in the continuance of the hearing. The failure or refusal of a student to timely file a response shall result in a default and a decision against said party may be entered.

E. Filing of pleadings, briefs and motions.

1. Pleadings, motions, objections and offers of settlement must be filed with the hearing officer and director.

2. The hearing officer, at appropriate stages of the proceedings, may give all parties full opportunity to file briefs, proposed findings of fact and conclusions of law, and proposed initial or final orders.

F. Default.

1. If a party fails to attend or participate in a prehearing conference hearing or other stage of a hearing, the hearing officer, hearing the case alone or with committee may hold the party in default and either adjourn the proceedings or conduct them without the participation of that party, having due regard for the interest of justice and the orderly and prompt conduct of the proceedings.

2. If the proceedings are conducted without the participation of the party in default the hearing officer, hearing the case alone, shall include in the final order written notice of default, otherwise the Committee sitting with the hearing officer, shall include such written notice of default in the final order. If the proceedings are adjourned and not conducted the hearing officer, hearing the case alone, may render an initial default order, otherwise the Committee sitting with the hearing officer, may render a final default order. All default orders and notices of default in default orders shall include a written statement of the grounds for the default.

3. A party may petition to have a default set aside by filing timely petition for reconsideration.

4. If a party fails to file a timely petition for reconsideration or the petition is not granted, the hearing officer, sitting alone, or the Committee sitting with the hearing officer, shall conduct any further proceedings necessary to complete the contested case without the participation of the defaulting party and shall determine all issues in the adjudication, including those affecting the defaulting party.

X. PREHEARING CONFERENCES

A. In any case set for hearing the hearing officer assigned to hear the case upon their own motion or upon the motion of one of the parties or their authorized representative, may direct the parties and/or the attorneys for the parties to appear before him or her for a pre-hearing conference.

B. During the pre-hearing conference the parties will consider the following:

1. The simplification of issues,

2. The necessity or desirability of amendments to the pleadings,

3. The possibility of obtaining admissions of fact and of documents which will avoid unnecessary proof,

4. The limitation of the number of witnesses,

5. Such other matters as may aid in the disposition of the case.

The hearing officer shall make an order which recites the action taken at the conference, the amendments allowed to the pleadings, and the agreements made by the parties as to any of the matters considered, and which limits the issues for hearing to those not disposed of by admissions or agreements of the parties, and such order when entered controls the subsequent course of the action, unless modified at the hearing to prevent injustice.

C. Upon reasonable notice to all parties the hearing officer may convene a hearing or convert a pre-hearing conference to a hearing, to be conducted by the hearing officer sitting alone, to consider arguments and/or evidence on any questions of law.

D. If a pre-hearing conference is not held, the hearing officer may issue a pre-hearing order, based on the pleadings, to regulate the conduct of the proceedings.

XI. PROCEDURES IN PREPARATION FOR HEARING

A. Subpoenas and Discovery

1. The hearing officer at the request of any party shall issue subpoenas, effect discovery, and issue protective orders. The hearing officer shall decide any objection relating to discovery under these rules of the Tennessee Rules of Civil Procedure.

B. All requests for subpoenas and all depositions and interrogatories shall be limited to matters which are not privileged and which are relevant to the proceeding. Upon motion by a party or by a person from whom discovery is sought, and for good cause shown, the hearing officer may enter any order which justice requires to protect a person or party from annoyance, embarrassment, oppression, or undue burden or expense, including one or more of the following:

1. That the discovery not be had,

2. That the discovery may be had only on specified terms and conditions,

3. That the discovery may be had only by an alternative method,

4. That the scope of discovery be limited to certain matters, or

5. That information be submitted under seal to be opened only by orders of the hearing officer.

C. Depositions and Interrogatories – Any party to the proceeding may take deposition of parties or witnesses or may serve interrogatories upon any party, within or without the state, in the same manner as provided by law for the taking of depositions and interrogatories in a civil action.

D. Admissions – Any party to the proceeding may serve upon any other party a written request for the admission by the latter of the genuineness of any relevant documents described in and exhibited to the request of the truth of any relevant matters of fact set forth in the request. Each of the matters of which an admission is requested shall be deemed admitted unless within a period designated in the request, not less than thirty (30) calendar days after service thereof, or within such shorter or longer time as the hearing officer may allow on motion and notice, the party to whom the request is directed serves upon the party requesting the admission either (1) a sworn statement denying specifically the matters of which an admission is requested or setting forth in detail the reasons why he or she cannot truthfully admit or deny those matters or (2) written objections on the ground that some or all o the requested admissions are privileged or irrelevant or that the request is otherwise improper in whole or in part, together with a notice of hearing the objections at the earliest practical time. If written objections to a part of the request are made, the remainder of the request shall be answered within the period designated. A denial shall fairly meet the substance of the requested admission, and when good faith requires that a party deny only part or a qualification of a matter of which an admission is requested, he or she shall specify so much of it as is true and deny only the remainder.

E. Review of Institutional Files – Any party to a contested case shall have the right to inspect the files of the institution with respect to the matter and to copy therefrom, except that the records may not be inspected the confidentiality of which is protected by law.

XII. CONDUCT OF HEARINGS

A. In the hearing of any case the proceedings or any part thereof:

1. Shall be conducted in the presence of the requisite number of members of the University and in the presence of a hearing officer, or

2. Shall be conducted by a hearing officer sitting alone.

B. It shall be the duty of the hearing officer to preside at the hearing, rule on questions of the admissibility of evidence, swear witnesses, advise the Committee members as to the law of the case, and insure that the proceedings are carried out in accordance with the applicable law and the rules of the State Board of Regents. A hearing officer shall, upon his own motion, or timely motion of a party, decide any procedural questions of law.

C. The hearing officer shall regulate the course of the proceedings, in conformity with the pre-hearing order, if any.

D. Where more than one party is charged with offenses arising out of a single occurrence or out of multiple connected occurrences, a consolidated hearing will be held for all parties charged; provided that upon timely motion and for good cause shown the officer may in his or her discretion grant a separate hearing for any party or parties.

E. A tape recording but not a transcription will be made of the hearing. The party charged may request that the recording be transcribed at his or her own expense, or the recording may be transcribed by the University, in which case any party shall be provided copies upon payment of a reasonable compensatory fee. No tape recording by the party charge or by other persons at the hearing will be permitted, but the party charged, at his or her own expense, may furnish a certified court reporter provided that a copy of the transcript is promptly furnished to the director at no cost.

F. The hearing shall be open to public observation pursuant to the provisions of the Tennessee Open Meetings Act, Chapter 44 of Title 8 unless otherwise provided by State or Federal law.

XIII. EVIDENCE

A. The hearing officer shall admit and give probative effect to evidence admissible in a court and when necessary to ascertain facts not reasonably susceptible to proof under the rules of court, evidence not admissible thereunder may be admitted if it is of a type commonly relied upon by reasonably prudent men in the conduct of their affairs. The hearing office shall give effect to the rules of privilege recognized by law and to Board of Regents rules protecting the confidentiality of certain records and shall exclude evidence which in its judgment is irrelevant, immaterial, or unduly repetitious.

B. At any time not less than ten (10) days prior to a hearing or a continued hearing, any party shall deliver to the opposing party a copy of any affidavit which he proposes to introduce in evidence, together with a notice in the form provided in subdivision (d) which follows. Unless the opposing party within seven (7) days after delivery, delivers to the proponent a request to cross-examine an affiant, his right to cross-examination of such affiant is waived and the affidavit, if introduced in evidence, shall be given the same effect as if the affiant had testified orally. If an opportunity to cross-examine an affiant is not afforded after a proper request is made as herein provided, the affidavit shall not be admitted into evidence. Deliver for purposes of this section shall mean actual receipt.

C. The hearing officer may admit affidavits not submitted in accordance with this section where necessary to prevent injustice.

D. The notice referred to in subdivision (b) shall contain the following information and be substantially in the following form: The accompanying affidavit of (here insert name of affiant) will be introduced as evidence at the hearing in (here insert title of proceeding). (here insert name of affiant) will not be called to testify orally and you will not be entitled to question him unless you notify (here insert name of the proponent or his attorney) at (here insert address) that you wish to cross-examine him. To be effective, your request must be mailed or delivered to (here insert name of proponent or his attorney) on or before (here insert a date seven days after the date of mailing or delivering the affidavit to the opposing party).

E. Documentary evidence otherwise admissible may be received in the form of copies or excerpts, or by incorporation by reference to material already on file with the agency. Upon request, parties shall be given an opportunity to compare the copy with the original, if reasonably available.

F. Official notice may be taken of:

1. Any fact that could be judicially introduced in the courts of this state,

2. The record of other proceedings before the agency,

3. Technical or scientific matters within the University's specialized knowledge, and

4. Codes or standards that have been adopted by an agency of the United States, of this state or any other state, or by a nationally recognized organization or association.

Parties must be notified before or during the hearing, or before the issuance of any initial or final order that is based in whole or in part on facts or material noticed, of the specific facts or material noticed and the source thereof, including any staff memoranda and data, and be afforded an opportunity to contest and rebut the facts or material so noticed.

G. All parties have the right to cross-examination of witnesses.

XIV. INTERVENTION

A. The hearing officer shall grant one or more petitions for intervention if:

1. The petition is submitted in writing to the hearing officer, with copies mailed to all parties named in the notice of the hearing, at least seven (7) days before the hearing;

2. The petition states facts demonstrating that the petitioner's legal right, duties, privileges, immunities, or other legal interest may be determined in the proceeding or that the petitioner qualifies as an intervenor under any provision of law; and

3. The hearing officer determines that the interests of justice and the orderly and prompt conduct of the proceedings shall not be impaired by allowing the intervention.

B. The Committee may grant one or more petitions for intervention at any time, upon determining that the intervention sought is in the interest of justice and shall not impair the orderly and prompt conduct of the proceedings.

C. If the petitioner qualifies for intervention, the hearing officer may impose conditions upon the intervenor's participation in the proceedings, either at the time that intervention is granted or at any subsequent time.

D. The hearing officer or Committee, at least twenty-four (24) hours before the hearing, shall render an order granting or denying each pending petition for intervention,s pecifying any conditions, and briefly stating the reasons for the order. The hearing officer or Committee may modify the order at any time, stating the reasons for the modification. The hearing officer or Committee shall promptly give notice of an order granting, denying, or modifying intervention to the petitioner for intervention and to all parties.

XV. DISQUALIFICATION AND SUBSTITUTION HEARING OFFICERS AND COMMITTEE MEMBERS

A. Any hearing officer or Committee member shall be subject to disqualification for bias, prejudice, interest, or any other cause provided in this policy or for any cause for which a judge may be disqualified.

B. Any party may petition for the disqualification of a hearing officer or a Committee member promptly after receipt of notice indicating that the individual may serve or, if later, promptly upon discovering facts establishing grounds for disqualification.

C. A party petitioning for the disqualification of an individual shall not be allowed to question the individual concerning the grounds for disqualification at the hearing or by deposition unless ordered by the hearing officer conducting the hearing and agreed to by the individual.

D. The individual whose disqualification is requested shall determine whether to grant the petition, stating facts and reasons for the determination.

E. If a substitute is required for an individual who become unavailable as a result of disqualification or any other reason, the substitute shall be appointed by the President.

F. Any action taken by a duly appointed substitute for an unavailable individual shall be as effective as if taken by the unavailable individual.

XVI. SEPARATION OF FUNCTIONS

A. A person who has served as an investigator, prosecutor or advocate in a case may not serve as a hearing officer or assist or advise a hearing officer in the same proceeding.

B. A person who is subject to the authority, direction, or discretion of one who has served as investigator, prosecutor, or advocate in a contested case may not serve as a hearing officer or assist or advise a hearing officer in the same proceeding.

C. A person who has participated in a determination of probably cause or other equivalent preliminary determination in a case may not serve as a hearing officer or assist or advise a hearing officer in the same proceeding.

D. A person may serve as a hearing officer at successive stages of the same case, unless a party demonstrates grounds for disqualification.

E. A person who has participated in a determination of probable cause or other equivalent preliminary determination or participated or made a decision which is on administrative appeal in a contested case may serve as a Committee member in the case where authorized by law and not subject to the disqualification or other cause provided in this chapter.

XVII. EX PARTE COMMUNICATIONS

A. Unless required for the disposition of ex parte matters specifically authorized by statue, a hearing officer or University Committee member serving in a case proceeding may not communicate, directly or indirectly, regarding any issue in the proceeding, while the proceeding is pending, with any person without notice and opportunity for all parties to participate in the communication.

B. Notwithstanding subsection (2) a hearing officer or University representative may communicate with other University employees regarding a pending matter or may receive aid from staff assistants, members of the attorney general's staff, or a licensed attorney, if such persons do not receive ex parte communications of a type that the hearing officer or institution representative would be prohibited from receiving, and do not furnish augment, diminish or modify the evidence in the record.

C. Unless required for the disposition of ex parte matters specifically authorized by statue, no party to a contested case, and no other person may communicate, directly or indirectly, in connection with any issue in that proceeding, while the proceeding is pending, with any person serving as a hearing officer or Committee member without notice and opportunity for all parties to participate in the communication.

D. If, before serving as a hearing officer or Committee member in a case, a person receives an ex parte communication of a type that may not properly be received while serving, the person, promptly after starting to serve, shall disclose the communication in the manner prescribed in subsection (e ) which follows.

E. A judge, hearing officer, or Committee member who receives an ex parte communication in violation of this section shall place on the record of the pending matter all written communications received, all written responses to the communications, and a memorandum stating the substance of all oral communications received, all responses made, and the identity of each person from whom the person received an ex parte communication, and advise all parties that these matters have been placed on the record. Any party desiring to rebut the ex parte communication shall be allowed to do so, upon requesting the opportunity for rebuttal within ten (10) days after notice of the communication.

F. A hearing officer or Committee member who receives an ex parte communication in violation of this section may be disqualified as previously outlined.

G. The University shall and any party may, report any willful violation of this section to appropriate authorities for any disciplinary proceedings provided by law.

XVIII. FINAL ORDERS

A. A final order shall be rendered in each case in writing ninety (90) days after conclusion of the hearing or after submission to proposed findings unless such period is waived or extended with the written consent of all parties or for good cause shown.

B. If an order is adverse to the party charged, it shall in addition to being in writing, include findings of fact, conclusions of law, and reasons for the ultimate decision. Findings of fact shall be based exclusively on the evidence and on matters officially noticed. Parties shall be notified in writing either personally or by mail of the decision and such notice shall include a statement of the party's right to judicial review. A copy of the decision shall be delivered or mailed forthwith to each party or to his or her attorney of record.

XIX. PETITIONS FOR RECONSIDERATION

Any student who is aggrieved by a final decision may, within fifteen (15) days after entry of said decision, file a written petition for reconsideration which shall specify in detail the grounds for the relief sought and authorities in support thereof, which grounds shall be limited to the following:

A. Some material error of law,

B. Some material error of facts,

C. The discovery of new evidence sufficiently strong to reverse or modify the decision, and which could not have been previously discovered by due diligence. The filing of a petition for reconsideration shall not extend, modify, suspend or delay the effective date of the decision. Copies of the petition shall be served on all parties of record. The hearing officer or Committee may, in its discretion, provide a hearing or enter an order on the petition without a hearing, but shall dispose of the petition within thirty (30) days after filing thereof. If no order is entered by the end of that period, the petition will be deemed to have been denied.

XX. REVIEW OF FINAL ORDER

A. A petition for appeal from an initial order shall be filed with the President or with any person designated for such purpose by the President, within ten (10) days after entry of the initial order. The ten-day period for a party to file a petition for appeal or for the President to give notice of his/her intention to review an initial order on his/her own motion shall be tolled by the submission of a timely petition for reconsideration of the initial order and a new ten-day period shall start to run upon disposition of the petition for reconsideration. If an initial order is subject both to a timely petition for reconsideration and to a petition for appeal or to review by the institution on its own motion, the petition for reconsideration shall be disposed of first unless the President determines that action on the petition for reconsideration has been unreasonably delayed.

B. The petition for appeal shall state its basis. If the President on his/her own motion gives notice of her/her intent to review an initial order, the President shall identify the issues that he/she intends to review.

C. A person designated by the President to review an initial order shall exercise all decision-making power that the President would have had to render a final order had the President presided over the hearing, except to the extent that the issues subject to review are limited by rule or statute or by State Board of Regents policies upon notice to all parties.

D. The President shall afford each party an opportunity to present briefs and may afford each party an opportunity to present oral argument.

E. A final order for an order remanding the matter for further proceedings pursuant to this section, shall be rendered and entered in writing within sixty (60) days after receipt of any briefs and oral argument, unless the period is waived or extended with the written consent of all parties or for good cause shown.

F. The President will deliver copies of the final order or order remanding the matter for further proceedings to each party and to the hearing officer who conducted the case.

XXI. STAY

A party may submit to the hearing office or President a petition for stay of effectiveness of an initial or final order within seven (7) days after its entry unless otherwise provided by statute ro stated in the initial or final order. The President or hearing officer may take action on the petition for stay, either before or after the effective date of the initial or final order.

XXII. EFFECTIVENESS OF NEW ORDER

A. Unless a later date is stated in an initial or final order, or a stay is granted, an initial or final order shall become effective upon entry of the initial or final order. All initial and final orders shall state when the order is entered and effective.

B. If the University has utilized an administrative judge from the Administrative Procedures Division of the Office of the Secretary of State, the initial or final order shall not be deemed entered until the order has been filed with the Administrative Procedures Division.

C. The President shall designate which officials or employees may sign final orders.

D. A party may not be required to comply with a final order unless the final order has been mailed to the last known address of the party or unless the party has actual knowledge of the final order.

E. A nonparty may not be required to comply with a final order unless the University has made the final order available for public inspection and copying or unless the nonparty has actual knowledge of the final order.

F. This section shall not preclude the President from taking immediate action to protect the public interest.

XXIII. RECORD

A. The University shall maintain an official record of each case under this policy. The record shall be maintained for a period of three (3) years.

B. This record shall consist of:

1. Notice of all proceedings;

2. Any pre-hearing order;

3. Any motions, pleadings, briefs, petitions, requests and intermediate rulings;

4. Evidence received or considered;

5. A statement of matters officially noticed;

6. Offers of proof and objections and rulings thereon;

7. Proposed findings, requested orders, and exceptions;

8. The tape recording, stenographic notes or symbols, or transcript of the hearing;

9. Any final order, initial order, or order on reconsideration;

10. Staff memoranda and data submitted to the University unless prepared and submitted by personal assistants;

11. Matters placed on the record after an ex parte communication.

C. A record (which may consist of a tape or similar electronic recording) shall be made of all oral proceedings. Such record or any part thereof shall be transcribed on request of any party at his expense or may be transcribed by the University at its expense. If the University elects to transcribe the proceedings, any party shall be provided copies of the transcript upon payment to the institution of a reasonable compensatory fee.

D. Except to the extent that this chapter or another statute provides otherwise, the University's record shall constitute the exclusive basis for institutional action in adjudicative proceedings under the policy, and for judicial review thereof.

XXIV. JUDICIAL REVIEW

A person aggrieved by a final decision in a contested case is entitled to judicial review as provided in Title 4, Chapter 5, Tennessee Code Annotated.

Revisions: September 26, 1985; June 12, 1989.