Changes since the catalog was published:
Human Services Major: Group 5 - Child Life Specialist was added effective Spring 2012.
Student Disciplinary Policies - updated effective January 29, 2012
Following is the previous information:
INSTITUTIONAL POLICY STATEMENT (0240-3-2-.0l)
University students are citizens of the state, local, and national governments, and of the academic community, and are, therefore, expected to conduct themselves as law-abiding members of each community at all times. Admission to an institution of higher education carries with it special privileges and imposes special responsibilities apart from those rights and duties enjoyed by nonstudents. In recognition of the special relationship that exists between the institution and the academic community which it seeks to serve, the Tennessee Board of Regents has authorized the president of the university to take such action as may be necessary to maintain campus conditions and preserve the integrity of the institution and its educational environment. Proceedings under this Student Code of Conduct may be carried out prior to, simultaneously with, or following civil or criminal proceedings off campus.
Pursuant to this authorization, the university has developed the following regulations which are intended to govern student and student organization conduct on the campus unless otherwise noted. In addition, students and organizations are subject to all national, state and local laws or ordinances. If a student’s or organization’s violation of such laws or ordinances also adversely affects the institution’s pursuit of its educational objectives, the institution may enforce its own regulations regardless of any proceedings instituted by other authorities. Conversely, violation of any section of these regulations may subject a student or organization to disciplinary measures by the institution whether or not such conduct is simultaneously violative of state, local, or national laws.
Statutory Authority: T.C.A. Section 49-8-203
DISCIPLINARY OFFENSES (0240-3-2-.02 )
1. Generally, through appropriate due process procedures, institutional disciplinary measures shall be imposed for conduct which adversely affects the institution’s pursuit of its educational objectives, which violates or shows a disregard to the rights of other members of the academic community, or which endangers property or persons on institution or institution-controlled property.
2. Individual or organizational misconduct which is subject to disciplinary sanction shall include but not be limited to the following examples:
a. Conduct dangerous to self or others. Any conduct which constitutes a serious danger to any person’s health, safety or personal well-being, including any physical abuse or immediate threat of abuse.
b. Hazing. Hazing means any intentional or reckless act in Tennessee on or off the property of any higher education institution by one (1) student acting alone or with others which is directed against any other student, that endangers the mental or physical health or safety of that student, or which induces or coerces a student to endanger such student’s mental or physical health or safety. Hazing does not include customary athletic events or similar contests or competitions, and is limited to those actions taken and situations created in connection with initiation into or affiliation with any organization.
c. Disorderly conduct. Any individual or group behavior which is abusive, obscene, lewd, indecent, violent, excessively noisy, disorderly or which unreasonably disturbs other groups or individuals.
d. Obstruction of or interference with institutional activities or facilities. Any intentional interference with or obstruction of any institutional activity, program, event or facilities, including the following:
i. Any unauthorized occupancy of institution or institutionally controlled facilities or blockage of access to or from such facilities
ii. Interference with the right of any institution member or other authorized person to gain access to any institution or institutionally controlled activity, program event, or facilities.
e. Any obstruction or delay of a campus security officer, fireman or any institution official in the performance of his/her duty.
f. Misuse of or damage to property. Any act or misuse, vandalism, malicious or unwarranted damage or destruction, defacing, disfiguring or unauthorized use of property belonging to the institution including, but not limited to, fire alarms, fire equipment, elevators, telephones, institution keys, library materials and/or safety devices; and any such act against a member of the institution.
g. Theft, misappropriation or unauthorized sale. Any act of theft, misappropriation or unauthorized possession or sale of institution property or any such act against a member of the institution community or a guest of the institution.Theft, misappropriation or unauthorized sale. Any act of theft, misappropriation or unauthorized possession or sale of institution property or any such act against a member of the institution community or a guest of the institution.
h. Misuse of documents or identification cards. Any forgery, alteration of, or unauthorized use of institution documents, forms, records or identification cards, including the giving of any false information or withholding of necessary information, in connection with a student’s admission, enrollment, or status in the institution.
i. Firearms and other dangerous weapons. Possession of or use of firearms or dangerous weapons of any kind.
j. Explosives, fireworks, and flammable materials. The unauthorized possession, ignition or detonation of any object or article which would cause damage by fire or other means to persons or property or possession of any substance which could be considered to be and used as fireworks.
k. Drugs. The unlawful use, possession, distribution, sale or manufacture, of any drug or controlled substance (including any stimulant, depressant, narcotic, or hallucinogenic drug or substance, or marijuana); being under the influence of any such drug or controlled substance, possession of drug paraphernalia or the misuse of legally prescribed or “over the counter” drugs on property owned or controlled by the institution; at an institution-sponsored event; on property owned or controlled by an affiliated clinical site; or in violation of any term of the East Tennessee State University Drug-Free Schools and Communities Policy Statement.
l. Gambling. Gambling in any form.
m. Financial irresponsibility. Failure to meet financial responsibilities to the institution promptly including, but not limited to, knowingly passing a worthless check or money order in payment to the institution or to a member of the institution community acting in an official capacity.
n. Unacceptable conduct in hearings. Any conduct at an institutional hearing involving contemptuous, disrespectful, or disorderly behavior, or the giving of false testimony or other evidence at any hearing.
o. Failure to cooperate with institutional officials. Failure to comply with directions of institutional officials acting in the performance of their duties.
p. Violation of general rules and regulations. Any violation of the general rules and regulations of the institution as published in an official institutional publication, including the intentional failure to perform any required action or the intentional performance of any prohibited action.
q. Attempts and aiding and abetting the commission of offenses. Any attempt to commit any of the foregoing offenses, or the aiding and abetting of the commission of any of the foregoing offenses (an “attempt” to commit an offense is defined as the intention to commit the offense coupled with the taking of some action toward its commission).
r. Violations of state or federal laws. Any violation of state or federal laws or regulations proscribing conduct or establishing offenses, which laws and regulations are incorporated herein by reference.
s. Sexual battery or rape. Committing any act of sexual battery or rape as defined by state law.
t. Contempt. Failure to comply with university officials acting on behalf of the student judicial system including failure to appear before a scheduled institutional hearing.
u. Unauthorized possession, duplication of, or use of keys to any university premise or unauthorized entry to or use of university premises
v. Abuse of the University Judicial System including but not limited to:
i. Failure to obey the summons of a judicial body or university official.
ii. Falsification, distortion, or misrepresentation of information before a judicial body.
iii. Disruption or interference with the orderly conduct of a judicial proceeding.
iv. Institution of a judicial proceeding knowingly without cause.
v. Attempting to discourage an individual’s proper participation in, or use of, the judicial system.
vi. Attempting to influence the impartiality of a member of a judicial body prior to, and/or during the course of, the judicial proceeding
vii. Failure to comply with the sanction(s) imposed under the Student Code of Conduct.
viii. Threatening the accuser or attempting to influence another person to commit an abuse of the judicial system.
3. Disciplinary action may be taken against a student for violations of the foregoing regulations which occur on institutionally owned, leased, or otherwise controlled property, or which occur off-campus when the conduct impairs, interferes with or obstructs any institutional activity or the missions, processes and functions of the institution. In addition, disciplinary action may be taken on the basis of any conduct, on or off campus, which poses a substantial threat to persons or property within the institutional community.
4. For the purposes of these regulations, a “student” shall mean any person who is registered for study at the university for any academic period. A person shall be considered a student during any period which follows the end of an academic period which the student has completed until the last day for registration for the next succeeding regular academic period, and during any period while the student is under suspension from the institution. Statutory Authority: T.C.A. Section 49-8-203
ACADEMIC AND CLASSROOM MISCONDUCT (0240-3-2-.03)
The instructor has the primary responsibility for control over classroom behavior and maintenance of academic integrity, and can order the temporary removal or exclusion from the classroom of any student engaged in disruptive conduct or conduct violative of the general rules and regulations of the institution or school. Extended or permanent exclusion from the classroom or further disciplinary action can be effected only through appropriate procedures of the institution.
Plagiarism, cheating, and other forms of academic dishonesty are prohibited. Students guilty of academic misconduct, either directly or indirectly through participation or assistance, are immediately responsible to the instructor of the class. In addition to other possible disciplinary sanctions which may be imposed through the university’s academic misconduct policy as a result of academic misconduct, the instructor has the authority to assign an “F” or a zero (“0”) for the exercise or examination, or to assign an “F” in the course. The Dean of Libraries will make a librarian, who is familiar with using free and fee-based technologies to detect plagiarism, available to teach workshops on the subject through the Teaching and Learning Center or other appropriate venues.
If the student believes that he or she has been erroneously accused of academic misconduct, and if his or her final grade has been lowered as a result, the student may appeal the case through the university’s grade appeal process for students.
Disruptive behavior in the classroom may be defined as, but is not limited to, behavior that obstructs or disrupts the learning environment (e.g., offensive language, harassment of students and professors, repeated outbursts from a student which disrupt the flow of instruction or prevent concentration on the subject taught, failure to cooperate in maintaining classroom decorum, etc.), the continued use of any electronic or other noise or light emitting device which disturbs others (e.g., disturbing noises from beepers, cell phones, PDPs (personal digital assistants), palm pilots, lap-top computers, games, etc.).
Class attendance and punctuality requirements are contracted between the faculty and students, through specific expectations for attendance and punctuality and specific consequences that are outlined by individual faculty members in the printed syllabus for each course.Students are expected to attend classes regularly and on time and are responsible for giving explanations/rationale for absences and lateness directly to the faculty member for each course in which they are enrolled. In cases where student absences are the result of emergency circumstances (e.g., death in the family, a student’s serious injury or incapacitating illness), for which students are unable to make immediate contact with faculty, the student may contact the Office of Student Affairs for assistance in providing such immediate notification to faculty. However, the student remains responsible for verifying the emergency circumstances to faculty and for discussing arrangements with faculty for completion of coursework requirements. Both give guidance and clarification to both students and faculty on matters of classroom conduct and attendance requirements. Statutory Authority: T.C.A. Section 49-8-203
Academic Misconduct Procedures and Hearings
Academic misconduct will be subject to disciplinary action. Any act of dishonesty in academic work constitutes academic misconduct. This includes plagiarism, the changing of falsifying of any academic documents or materials, cheating, and the giving or receiving of unauthorized aid in tests, examinations, or other assigned school work. Penalties for academic misconduct will vary with the seriousness of the offense and may include, but are not limited to: a grade of “F” on the work in question, a grade of “F” of the course, reprimand, probation, suspension, and expulsion. For a second academic offense the penalty is permanent expulsion.
Plagiarism is defined as follows by Black, Henry Campbell, Black’s Law Dictionary, West Publishing Company, St. Paul, Minnesota, 1968 (p. 1308): “The act of appropriating the literary composition of another, or parts or passages of his writings, or the ideas or language of the same, and passing them off as the product of one’s own mind.”
Moreover, to be liable for ‘plagiarism’ it is not necessary to exactly duplicate another’s literary work it being sufficient if unfair use of such work is made by lifting of substantial portion thereof, but even an exact counterpart of another’s work does not constitute ‘plagiarism’ if such counterpart was arrived at independently (O’Rouke vs. RKO Radio Pictures, D. C, Mass., 44F. Supp. 480, 482, 483).
1. Administration of Discipline Procedures
Questions concerning the administration of discipline for academic misconduct will be decided according to the following procedures.
1.1 Charges of academic misconduct may be brought by members of the faculty, staff, or student body.
1.2 For undergraduate students, cases in which an individual has reasonable cause to believe a student has been guilty of misconduct will be reported by the individual to the dean of the school or college in which the alleged misconduct occurred. The dean or a designee will investigate reports of suspected misconduct and will obtain from the reporting individual all information pertinent to the investigation. After having made this investigation, the dean or designee will arrange a conference with the student against whom the allegations of misconduct have been made. At this conference the student will be informed in writing of the allegations and by whom they were made. The student will also be advised that he/she is not required to make any statement at all regarding the alleged misconduct.
1.3 Based on the investigation of the reported misconduct, and a thorough review of all facts presented, the dean or designee has discretion to decide whether to call for a formal hearing.
1.4 The student will not be subjected to any form of pressure to coerce admission of guilt or information about his/her conduct or that of others. In the event that the student makes, and the dean or designee accepts, a wholly uncoerced written confession of guilt, the dean or designee may, after gathering all the facts of the case, suggest a penalty to the student without calling for a formal disciplinary hearing. In such cases the penalty prescribed should be anything up to, but not including, suspension or expulsion from the institution. In the event the student elects to waive the hearing and accept the suggested punishment the dean or his designee shall prepare a waiver of hearing.
1.5 Cases of alleged academic misconduct involving graduate students (including those enrolled in the Ph.D. program in Biomedical Sciences within the College of Medicine) will be reported to the Dean of the Graduate School. In the case of a medical student, the case will be reported to the Associate Dean for Academic Affairs in the College of Medicine. In the case of a pharmacy student, the case will be reported to the Office of Academic Affairs in the College of Pharmacy. Each case will be addressed according to the designated academic misconduct procedures of the Graduate School, College of Medicine, or College of Pharmacy, respectively.
2. Formal Hearing Procedures
For undergraduate students, if a formal hearing is to be held under the procedures of this policy, the student will be informed in writing of the time and place of the hearing, and the reasons therefore. The student also will be advised of the structure and procedure for the hearing, the range of possible punishment, and his/her right to be represented by counsel. Such notice should be given at least seven days in advance of the time at which the hearing is scheduled.
When a formal disciplinary hearing is to be held, the dean or designee will designate three faculty members and three students, from a standing college or school committee on academic misconduct to hear the charges. The standing committee shall consist of a minimum of eight members (four faculty members and four students).
2.1 All principals shall be entitled to be present throughout the hearing, until the hearing committee goes into executive session.
2.2 At the hearing, it shall be the responsibility of the dean or his/her agent to be present and to coordinate the presentation of evidence that has been gathered relative to the alleged misconduct. The individual bringing the charges shall be present and shall offer testimony in support of the charges. Neither the individual bringing the charges, nor the dean or his/her agent shall be members of the hearing committee.
2.3 The student will be presumed innocent until the contrary is proven. He/she may be accompanied and represented by a person of his/her choice, and shall be given an opportunity to testify and present evidence and witnesses relevant to the charges and penalties involved and to cross-examine any witnesses. In no case will the committee consider statements against the student unless he/she has been advised of their contents and the names of those who made them and given opportunity to rebut any unfavorable inferences which might be drawn from them. If the student elects not to testify, this failure to testify shall not be a factor in the decision. University disciplinary hearings are not strict adversary proceedings. The committee is not bound by strict rules of evidence. Determinations as to the admissibility of evidence in the hearings rest solely in the discretion of the committee.
2.4 The disciplinary hearing shall be private and a record of it shall be made. After all evidence has been presented, members of the committee will meet in executive session to decide the truth or falsity of the charges and to recommend such penalty as deemed appropriate if they find the charges to be true. The committee’s recommendation should be based on a majority vote of the six committee members, all of whom must be present at the hearing. If the committee recommends expulsion or suspension and the dean concurs, the approval of the vice president for academic affairs must be obtained. The dean then advises the student of the dean’s decision and of the student’s right to appeal to the president.
Appeal from a finding of guilt of academic misconduct and the imposition of a sanction for the offense may be taken to the president of the university. A written notice of appeal must be submitted by the student to the university president within five days after being notified of the dean’s decision on the case. The appeal must consist of a signed statement elaborating the respects in which a student considers the decision wrong.
DISCIPLINARY SANCTIONS (0240-3-2-.04)
1. Upon a determination that a student or organization has violated any of the rules, regulations or disciplinary offenses set forth in these regulations, the following disciplinary sanctions may be imposed, either singly or in combination, by the appropriate institution officials
2. Definition of Sanctions
a. Restitution. A student who has committed an offense against property may be required to reimburse the institution or other owner for damage or misappropriation of such property. Any such payment in restitution shall be limited to actual cost of repair or replacement.
b. Warning. The appropriate institutional official may notify the student that continuation or repetition of specified conduct may be cause for other disciplinary action.
c. Reprimand. A written reprimand, or censure, may be given any student or organization whose conduct violates any part of these regulations. Such a reprimand does not restrict the student in any way, but does have important consequences. It signifies to the student that he or she is in effect being given another chance to conduct himself or herself as a proper member of the institution community, but that any further violation may result in more serious penalties.
d. Restriction. A restriction upon a student or organization’s privileges for a period of time may be imposed. This restriction may include, for example, denial of the right to represent the institution in any way, denial of use of facilities, parking privileges, participation in extracurricular activities or restriction of organizational privileges.
e. Referral to the University Counseling Center. The student is mandated to visit the University Counseling Center for an initial evaluation and follow-through on any prescribed treatment program.
f. Fines. In cases involving violation of the university alcohol and drug regulations, fines in the following amounts may be imposed:
i. First offense $25
ii. Second offense $50
iii. Third offense $100
All funds from fines will be used to support the university’s drug and alcohol education and awareness programs.
g. Constructive or educational project. A project beneficial to the individual, campus, and/or community may be required. The project will be related to the offense the student is guilty of violating.
h. Assignment of work hours. A specified number of supervised hours of work to be completed on campus may be assigned. This work will be commensurate to the offense the student is guilty of violating.
i. Mandatory participation in, and satisfactory completion of, a drug or alcohol abuse program, or rehabilitation program.
j. Probation. Continued enrollment of a student on probation may be conditioned upon adherence to these regulations. Any student placed on probation will be notified of such in writing and will also be notified of the terms and length of the probation. Probation may include restrictions upon the extracurricular activities of a student. Any conduct in violation of these regulations while on probationary status may result in the imposition of a more serious disciplinary sanction.
k. Suspension. If a student or student organization is suspended, the student or student organization is separated from the institution for a stated period of time with condition of readmission or registration, respectively, stated in the notice of suspension.
l. Expulsion. Expulsion entails a permanent separation from the institution. The imposition of this sanction is a permanent bar to the student’s readmission to the institution or to the student organization’s registration with the institution.
m. Interim or summary suspension. Though as a general rule, the status of a student accused of violations of these regulations should not be altered until a final determination has been made in regard to the charges against him, summary suspension may be imposed upon a finding by the appropriate institutional official that the continued presence of the accused on campus constitutes an immediate threat to the physical safety and well-being of the accused, or of any other member of the institution community or its guests, destruction of property, or substantial disruption of classroom or other campus activities. An interim suspension may be invoked only by the president or his designee, the Provost/Vice President for Academic Affairs, or the Vice Provost and Dean of Students in consultation with other university officials. In any case of immediate suspension, the student shall be given an 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 practicable
3. The president of the university is authorized, in his or her discretion, to subsequently convert any sanction imposed to a lesser sanction, or to rescind any previous sanction, in appropriate cases.
Statutory Authority: T.C.A. Section 49-8-203
0240-3-2-.05 DISCIPLINARY PROCEDURES
(1). Tennessee Uniform Administrative Procedures Act
(a.) All cases which may result in suspension or expulsion of a student or revocation of registration of a student organization during the term of the registration are subject to the contested case provisions of the Tennessee Uniform Administrative Procedures Act (TUAPA) and shall be processed in accordance with the uniform contested case procedures adopted by the Board of Regents unless the student waives those procedures in writing and elects to have his or her case disposed of in accordance with institutional procedures established by these rules
(b.) All cases which are reviewed under the uniform contested case provisions adopted by the Board of Regents pursuant to the TUAPA shall be within the jurisdiction of the University Judicial Committee as described in section (3) below but shall nevertheless be reviewed pursuant to the procedures adopted by the Board pursuant to the TUAPA, including, but not limited to, interim suspensions and appeals.
(2.) Institutional Administrative Procedures Act
(a.) Determination of Procedure to be Used
1. A disciplinary case involving violations of university regulations or infringements upon student rights may be reviewed under Institutional Administrative Procedures or may be referred to the appropriate judicial board for review under Institutional Judicial Procedures, as determined by the appropriate university official.
2. The university official who shall determine whether an alleged violation of university regulations shall be processed under the Institutional Administrative Procedures or the Institutional Judicial Procedures is as follows:
(i.) The Director of Housing, Assistant Director of Housing, Area Coordinators, or Apartment Managers, where the alleged violation is of the regulations of the Residence Hall Association (RHA).
(ii.) The Director of Student Activities, where the alleged violation is of regulations of the Inter-Fraternity Council, the Panhellenic Council, or the Pan-Hellenic Council (PC).
(iii.) The Associate Dean of Students, where the alleged violation is of university regulations other than those of the RHA, the IFC or the PCs.
3. Determinations of which procedures shall be utilized for processing an alleged violation of university regulations shall be at the discretion of the appropriate university official; provided, however, the relationship between the hearing officer and the accused student must be one which is free from duress or coercion, and is a relationship which is objective and conducive to the purpose of an administrative hearing.
4. If a student chooses to admit to a violation of law or university regulations, the student may request that the sanction be imposed by the appropriate university official. At this hearing, the student may present witnesses and other evidence relevant to the offense that may mitigate in the student’s favor.
5. The hearing officer has the authority to impose the same disciplinary sanction as the appropriate judicial board would have under section (3)(d) below.
6. The Dean of Students or his/her designee is authorized to hear under the Institutional Administrative Procedures all cases of alleged misconduct of students from April 15 through September 15 of each year if judicial boards are not functioning.
(b) .Description of Institutional Administrative Procedures
1. The hearing officer in cases held under Institutional Administrative Procedures shall be as follows:
(i.) The Director of Housing, Assistant Director of Housing, Area Coordinators, or Apartment Manager where the alleged violation is of the Residence Hall Association (RHA)
(ii.) The Director of Student Activities, where the alleged violation is of regulations of the Inter-Fraternity Council, The Panhellenic Council, or the Pan-Hellenic Council (PC)
(iii.) The Associate Dean of Students, where the alleged violation is of university regulations other than those of the RHA, the IFC, or the PCs.
2. Due process procedures shall be observed in all administrative hearings under Institutional Administrative Procedures.
3. The student rights set forth in section (4)(b) below shall not be denied.
4. The hearing officer has the authority to impose the same disciplinary sanction as the appropriate judicial board would have under section (3) (d) below.
5 Appeals Under Institutional Administrative Procedure
(i.) Cases heard by the Director of Housing or the Director of Student Activities may be appealed to the Dean of Students or his designee.
(ii.) Cases heard by the Associate Dean of Students may be appealed to the Vice Provost and Dean of Students.
(3.) Institutional Judicial Procedures
(a. ) Purpose of the Judiciary. The purpose of Institutional Judicial Procedures shall be to provide fair and just treatment in cases involving either violation of university regulations or infringements upon students’ rights, and to take appropriate measures for those found guilty. In all cases, due process shall be observed.
(b.) Components of the Judiciary. The Judiciary of East Tennessee State University shall consist of the following components:
1. The University Judicial Committee shall be the highest court authorized by the university president.
2. The Student Court shall be the next highest court within the student judicial system.
3. The Residence Hall Association Judicial Board, the Inter-Fraternity Judicial Board, the Panhellenic Judicial Board, and the Pan-Hellenic Judicial Committee shall each be lower courts within the student judicial system.
(c.) Composition and Selection of the Courts. The composition of the University Judiciary Courts shall be as follows:
1. The University Judicial Committee shall be composed of the Associate Dean of Students, President of the Student Government Association (SGA), Chief Justice of SGA, an Associate Justice, and three faculty. Alternates for the Chief Justice and Associate Justice shall be selected by the SGA to hear cases on appeal from the Student Court.
2. The Student Court shall be composed of a Chief Justice and seven (7) Associate Justices, one of whom shall be designated to serve as the alternate Chief Justice. Each member shall be appointed by the SGA president and confirmed by a majority of the Student Senate present and voting.
3. The Residence Hall Association Judicial Board, the Inter-Fraternity Judicial Board, the Panhellenic Judicial Board, and the Pan-Hellenic Judicial Committee shall each be composed of those persons designated by the constitutions of those respective bodies.
(d.) Powers and Limitations. The relative powers of the components of the Judiciary are as follows:
1. The University Judicial Committee shall exercise the highest judicial authority on campus, next to that of the Vice Provost and Dean of Students and the University President or his designee. This committee’s authority shall include the right to suspend or expel a student. The University President reserves the right to uphold or reverse any decision made by any judicial body.
2. The next highest judicial authority shall be vested in the Student Court. All sanctions, with the exception of suspension and expulsion, are available to the Student Court.
3. The Residence Hall Association, the Inter-Fraternity Council, the Panhellenic Council, and the Pan-Hellenic Council shall provide, through their respective constitutions, the powers and limitations of their respective judicial boards, all of which shall be subordinate to the Student Court.
(e.) Operation of the Courts. All cases that enter the University Judiciary shall be administered through the appropriate channels:
1. Any member of the university community may file a complaint against any student for misconduct. Complaints shall be prepared in writing and directed to the Associate Dean of Students. A complaint should be submitted as soon as possible after the event takes place, preferably within ten (10) days of the alleged misconduct.
(i.). Violations of official university regulations other than regulations of the RHA, the IFC, or the PCs shall be reported directly to the Associate Vice President and Dean of Students, who shall either direct that the case be reviewed under the Institutional Administrative Procedures or referred to the appropriate judicial board.
(ii.) Violations of the internal standards of the Residence Hall Association (RHA), the Inter-Fraternity Council (IFC), the Panhellenic Council (PC), or the Pan-Hellenic Council (PC) shall be reported to the authorities designated in their respective constitutions
(I.) The RHA authorities shall report the case to the Housing office, where the Director of Housing shall either direct that the case be reviewed under the Institutional Administrative Procedures or referred to the Residence Hall Judicial Board.
(II.) The IFC-PC authorities shall report the case to the Director of Student Activities, who shall either direct that the case be reviewed under the Institutional Administrative Procedures or referred to the Inter-Fraternity Judicial Board, the Panhellenic Judicial Board, or the Pan-Hellenic Judicial Committee
(iii.) Violations of the Student Government Constitution or Code of Laws shall be reported to the Student Government Vice President, who shall refer the case to the Associate Dean of Students. The Associate Dean of Students shall direct that the case be heard by the Student Court.
2. All judicial decisions must be reported in writing to the Associate Dean of Students within two (2) class days from such time as the decision has been reached
3. The circumstances surrounding all cases handled by the University Judiciary shall be confidential.
4. The official records of all cases shall be maintained by the Student Affairs office
5. All official correspondence concerning the decision of a judicial board, court, or committee shall be by the Associate Dean of Students or his/her designated representative, except in cases involving interpretation of the Student Government Constitution or Code of Laws. The Chief Justice of the Student Court shall make written report of the decision and the circumstances surrounding it, taking care to exclude any information of a personal nature, to the secretary of Legislative Affairs.
6. All hearings by the judicial boards, court, or committee shall be held in closed session unless otherwise requested by the defendant.
7. All subsequent hearings concerning readmission of students or reinstatement of organizational charters shall be initiated through the Associate Dean of Students or his/her designated representative.
(f.) Jurisdiction of the Courts
1. Each judicial board or court may serve as a court of original jurisdiction.
(i.) The University Judicial Committee shall hear those cases involving a student who is accused of violating general university regulations and who, if found guilty, may be subject to suspension or expulsion from the institution and other cases deemed appropriate by the Associate Dean of Students.
(ii.) The Student Court shall have original jurisdiction in those cases involving alleged violations of general university regulations which do not warrant suspension or expulsion. The Student Court shall also hear those cases involving alleged violations of the Student Government Constitution or Code of Laws, and any other cases deemed appropriate by the Associate Dean of Students.
(I.) The Chief Justice shall be chairman of the Student Court and preside over all meetings and hearings. The Chief Justice shall direct and be responsible for the performance of all duties and functions of the Student Court and its justices. The alternative Chief Justice shall execute the powers and duties of the Chief Justice in the latter’s absence or incapacity to serve
(II.) The justices of the Student Court shall determine in all cases brought before them all decisions which are within the court’s jurisdiction as prescribed by the Constitution. Five (5) justices of the Student Court shall constitute a quorum to do business. Each justice shall have (1) vote, with the Chief Justice voting only to break a tie.
(III.) The justices of the Student Court shall, by majority vote, determine rules of procedure for the Student Court, except as otherwise prescribed by the SGA Constitution or By-Laws
(IV.) The Student Court shall have the power to request any member of the student body, a representative from any campus organization, or any faculty member or administrator to appear before the court, provided that the subpoena/request is issued in writing at least five (5) days prior to the appearance.
(iii.) The Residence Hall Judicial Board shall have the original jurisdiction in cases involving violation of Housing regulations, standards established by its constitution, and any other cases referred to it by the Director of Housing.
(iv.) The Inter-Fraternity Judicial Board or the Panhellenic Judicial Board shall have the original jurisdiction only in cases involving violations of regulations specified in the Inter-Fraternity and Panhellenic Constitution and By-Laws
(v.) The Pan-Hellenic Judiciary Committee shall have original jurisdiction only in cases involving violations specified in the Pan-Hellenic Constitution and By-Laws.
1. All cases may be appealed by the student or organization in question to the next higher judicial authority in accordance with the Appeal Procedures provided below. The right to appeal to the next judicial authority shall be afforded only to the accused.
2. Final university appeal shall be to the University President or his designee.
3. Appeal Procedures
(i.) If the accused desires to appeal, a statement of reasons for appealing must be forwarded to the Associate Dean of Students. This statement must be filed within three (3) days following receipt by the accused of a copy of the decision being appealed.
(ii.) The statement of reasons for appeal will be forwarded to the appropriate appeal board or officer, which will set a date for reviewing the case and notify the accuser.
(iii.) The appeal board or officer, upon reviewing the case, will have several options. The original decision may be affirmed or reversed. In cases where the original action is inappropriate as a result of issues involved in the appeal, the appeal board or officer may revert the case back to the original board or hearing officer, modify the original action, or hold a completely new hearing. The accuser will be notified of the outcome, as permitted under Tennessee law.
4. Special Provisions Applicable to Both Institutional Administrative Procedures and Institutional Judicial Procedures
(a.) Failure to Appear. If the accused student fails to appear at the scheduled hearing or provide adequate notice of excuse, the hearing officer or court may:
1. Reset a formal hearing of the case for the next scheduled meeting.
2. Dispose of the case in whatever manner it deems just based upon available information.
(b.) Hearing Guidelines
1. At least seventy-two (72) hours prior to the hearing the accused student is entitled to written notification of the time and place of the hearing and of his rights as outlined below.
2. At least seventy-two (72) hours prior to the hearing the accused student is entitled to a written statement of the charges in sufficient detail as to enable the student to prepare a case, including how the alleged violation came to the attention of the university.
3. All administrative hearings and hearings of judicial bodies will be closed, except to the accused, his/her advisor, the complainant, his/her advisor, the hearing officer, and members of the judicial board. Witnesses may also appear upon request of the hearing officer, the judicial board, the accused, or the complainant.
4. In hearings involving more than one accused student, the chairperson of the judicial body, in his or her discretion, may permit the hearings concerning each student to be conducted separately.
5. In cases heard by a judicial board, the accused student may question the ability of a judicial member to render an impartial judgment and may request the member’s removal at that time. The judicial board will rule on the request. If any members of a judicial board feel that their relationship with either the case or the individuals involved would affect their ability to render an impartial judgment, they may disqualify themselves.
6. The complainant and the accused have the right to be assisted by any advisor they choose, at their own expense. The advisor may be an attorney. The accused is responsible for presenting his or her own case and advisors are not permitted to speak or to participate directly in any hearing before a judicial body.
7. The university, the accused and the judicial body shall have the privilege of presenting witnesses, subject to the right of questioning by the judicial body.
8. Pertinent records, exhibits and written statements may be accepted as evidence for consideration by a judicial body at the discretion of the chairperson.
9. The accused student is entitled to ask questions of the hearing officer, of the judicial board, and of any witnesses called before the administrative or judicial hearing.
10. Hearings shall proceed in the following order:
(i.) Reading of the charges
(ii.) The student’s denial or admission of the charges
(iii.) Presentation of evidence by the university and questions by the student charged and/or the hearing body
(iv.) Presentation of evidence by the student charged and questions by the university and/or the hearing body, and
(v.) Closing statement by both parties
11. After the hearing, the judicial body shall determine (by majority vote if the judicial body consists of more than one person) whether the student has violated each section of the Student Code of Conduct which the student is charged with violating
12. The judicial body’s determination shall be made on the basis of whether it is “more likely than not” that the accused student violated the Student Code of Conduct.
13. The student shall be notified in writing of the decision within five (5) days of the judicial body’s decision. Every attempt will be made to verbally notify the student of the decision prior to the five-day period. In cases involving alleged sexual assault, both the accused and accuser shall be notified in writing within five (5) days of the judicial body’s decision
14. There shall be a single record, such as minutes or a tape recording, of all hearings before a judicial body. The record shall be the property of the university
15. Any question of interpretation regarding the Student Code of Conduct shall be referred to the Vice Provost and Dean of Students or the Associate Dean of Students.
(c.) Victim’s Rights
1. Some actions that violate the university regulations involve victimization of one or more students by another student(s). This behavior may include acts of theft or damage to property, physical violence, and other acts that endanger the safety of others in the university community. If a student has filed a complaint and is identified as a victim, that student is entitled to certain rights during the disciplinary process.
2. A charge is filed with the appropriate judicial official, it is important to remember that the accused student is being charged with violating a university rule or regulation. Although a victim’s input may be sought during the disciplinary process, the ultimate disposition of the case rests with the university. If a victim withdraws his or her complaint during the course of the disciplinary proceeding, the university reserves the right to proceed with the case on the basis of evidence other than the testimony of the victim
3. During the course of a disciplinary proceeding, victims have the following rights:
( i.) To meet with the appropriate judicial officer to discuss the disciplinary process.
(ii.) To submit a written account of the alleged incident.
(iii.) To be advised of the date, time and location of the disciplinary hearing, and to request rescheduling of the hearing for good cause.
(iv.) To be accompanied by an advisor of the victim’s choosing during the hearing process, although the advisor will not be permitted to speak for the victim during the hearing.
(v.) To testify as a witness during the hearing.
(vi.) To decline to testify, with knowledge that such action could result in dismissal of the university’s charges for lack of evidence.
(vii.) To submit a written impact statement to the hearing panel for consideration during the sanctioning phase of the disciplinary process.
4. Cases of alleged sexual assault. In cases involving alleged sexual assault, both the accuser and the accused shall be informed of the following:
(a.) Both the accuser and the accused are entitled to the same opportunity to have others present during a disciplinary proceeding; and,
(b.) Both the accuser and the accused shall be informed of the outcome of any disciplinary proceeding involving allegations of sexual assault.
5. General Policies On Student Organizations
(a.) The purpose of these provisions is to create a set of uniform expectations for all student organizations registered at ETSU regarding social behavior on or off campus. In this context, student organization activities should be conducted with regard to the rights and safety of other members of the community. The role of student organizations within ETSU’s academic community should be to provide students an opportunity to meet with their peers and faculty in a relaxed setting. This interaction should serve to enhance the campus learning environment by providing students an opportunity to develop leadership and social skills and to apply classroom work to life experiences.
(b.) All disciplinary rules and regulations concerning individual students shall apply to student organizations and are incorporated by reference. This shall include compliance with all local, state or federal laws
(c.) The university shall not be responsible for injuries or damages to persons or property resulting from the activities of student organizations, or for any debts or disabilities of such organizations.
(d.) Student organizations are vicariously liable for the conduct and action of each member and invited guest of the organization while acting in the capacity of a member or while attending or participating in any activity of the organization
(e.) All student organizations shall be registered with the university prior to engaging in any organizational activity. (See TBR Policy 3:01:01:00) In addition, Greek letter social organizations are required to be members of one of the Greek governing councils on campus.
1. A “student organizational function” is any meeting, event, banquet or program for social, educational, recreational, cultural or spiritual purpose(s) planned and/or attended by members and/or their invited guests
2. An “open” activity is a function generally accessible to persons in the campus or community at large without regard to affiliation or association with the sponsoring organization
3. An “invited guest” is one who has received an invitation to attend a function from an identifiable member of the sponsoring organization. An announcement of general circulation to the campus or community at-large is not considered to be an invitation.
(g.) Student Organizational Functions
1. All student organizational functions involving the serving or consumption of alcohol shall be registered with the Student Organization Resource Center at least five (5) business days prior to the date of the function. (See Procedures for Student Organization Events with alcohol-available in the Student Organization Resource Center.) When functions are to take place in university-owned, leased or controlled property, policies concerning use of that property should be consulted and must be complied with.
2. Student organization functions where alcohol will be present are limited to houses owned by social fraternities recognized by ETSU and commercial establishments owned by licensed and insured third-party vendors. Third party vendor locations are subject to administrative approval
3. Possession, sale, use and/or consumption of alcoholic beverages during a student organizational function must be in compliance with applicable federal, state, and local laws and university rules. It is the responsibility of the sponsoring student organization to ensure that individuals under 21 years of age do not consume alcoholic beverages
4. Alcoholic beverages are permitted at functions only on a “bring your own can” basis or through a contract with a licensed server at a commercial establishment, and shall not be made available on a self-serve basis. That is, students attending functions shall not have open and unlimited access to alcoholic beverages.
5. Open parties where alcohol is present are prohibited.
6. Possession, sale, use and/or consumption of any illegal drug or controlled substances at any student organizational function is prohibited.
7. Any student organizational function at which alcohol is present must have a minimum of two (2) bonded security guards present at the site of the function.
8. On an annual basis by August 1st, all social fraternities with houses are required to submit a current report from the fire marshal approving the house for occupancy and specifying the capacity limits of the facility, including the capacity limits of public areas. The report must be submitted in writing to the Coordinator of Greek Life. Attendance at student organization functions must be restricted to the facility’s public areas. The capacity limits of the public areas are determined by the fire marshal. In houses of social fraternities recognized by ETSU, attendance at student organization functions with alcohol will not exceed two (2) invited guests for each active organization member, regardless of the capacity of the facility.
(h.) Complaints about a student organization shall be brought to the attention of the Director of Student Activities. Mediation among parties may result or disciplinary charges may be referred to the ETSU Judicial System for hearing
(i.) Student Organization Sanctions. Any registered student organization may be subject to the following disciplinary sanctions as listed here and defined in Section 0240-3-2-.04 Disciplinary Sanctions: warning, reprimand, restitution, community service, constructive or educational project, restriction, probation, suspension of registration, withdrawal of registration. These sanctions may be imposed either singly or in combination, and such action will be taken only pursuant to disciplinary procedures established by these rules.
Statuary Authority: T.C.A. Section 49-8-203
Correction to Advertising Major - ADVR 4730 was incorrectly listed as a requirement. It has been replaced by ADVR 3750.
CHEM 2010/11 was added as required courses for the Biochemistry concentration in Biology. This was to correct an error.
English Additional Information:
Credit from the 3000 or higher level must include a genre course and either a language course or literary criticism. Words “or higher” were added to clarify the requirements.
Added to Degree and Graduation Requirements:
(Note: Beginning in summer 2016 undergraduate students, including transfer students, will no longer be required to complete proficiency-intensive course requirements. Instead, students will gain the proficiencies throughout their programs of study. This change will apply to all students entering ETSU in summer 2016 or thereafter and also to students on earlier catalogs. Students will not have to switch to the new catalog for the change to apply to them.)