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Office of General Counsel Policies & Guidelines

Policy Number: 
3:04:01:01
Policy/Guideline Area: 
Student Policies
Applicable Divisions: 
TCATs
Purpose: 

This policy covers the establishment of and participation in student scholarship and financial aid programs by Tennessee Colleges of Applied Technology.

Policy/Guideline: 
  1. Federal, State and Private Financial Aid, Loan, and Scholarship Programs
    1.  All schools are hereby authorized to participate in any private, federal, or state programs providing financial aid, loans, scholarships, grants, and other forms of educational assistance to students. Schools must meet the eligibility requirements for participation and comply with all federal and state laws and regulations related to said programs.
    2. In participating in educational assistance programs, schools shall comply with anti-discrimination laws. Schools may participate in privately funded educational assistance programs which provide preference on the basis of race, color, creed, sex, handicap, age, religious preference, veteran's status, or national origin in the selection of students or awards to students, but only where the aggregate of all such participation is non-discriminatory. Schools may participate in any educational assistance program provided by the federal government or the State of Tennessee for affirmative action or desegregation purposes.
  2. Schools Scholarships and Grant Programs
    1. General Parameters
      1. State appropriations shall be expended or applied only to desegregation grants.
      2. Each school is authorized to employ students under local work programs.
      3. Schools may award scholarships and grants, in any of the programs listed below in Section II. C., to students who are full-time, part-time, out-of-state, or Tennessee residents.
      4. The maximum amount of an individual academic scholarship or grant awarded for any one term shall be the amount of the maintenance fees for the term plus an allowance for books and supplies. The maximum books and supplies allowance shall be commensurate with the book and supply allowance component of the standard student budget compiled by the school’s financial aid office. The maximum amount that may be awarded to any individual during a single fiscal year shall not exceed the total amount of combined fees and book allowances defined herein. For the purpose of this policy, maintenance fees shall be defined as all mandatory fees payable by a student for continued enrollment at the school.  The maximum amount awarded to a part-time student shall be prorated based on the number of hours for which the student is enrolled. Refunds shall be handled in accordance with TBR refund policy outlined in TBR Guideline TCAT-080. The provisions of this section do not apply to privately funded scholarships or grants.
      5. Each school shall establish specific criteria and guidelines for administration of the scholarships and grant programs listed below in Section IIC. Such criteria must meet the minimum limitations set forth in this policy. The written procedures implementing this policy and all requirements for eligibility, maintenance, and renewal shall be approved by the Vice Chancellor for Colleges of Applied Technology prior to implementation and shall be published in the school’s student handbook.
    2. Funding Sources for Scholarships and Grant Programs
      1. Academic Scholarships and School Grants may be funded by a maximum of 10% of the maintenance fees received by the school in any one year. An exception to this limitation may be made upon approval by the Chancellor and subsequent approval of the budget by TBR.
      2. Desegregation Grants shall be funded by state funds and may be supplemented by other campus revenue sources.
    3.  C. Scholarships and Grant Programs
      1. Academic Scholarships
        1. Academic scholarship awards shall be limited to students who graduated from high school with a minimum high school average of B or the equivalent. Awards to HSE students shall be based upon evidence of comparable scholastic ability. Schools may make exception to the requirements of this paragraph when admitting students who have not attended high school for at least two years.
        2. Awards of academic scholarships shall be made on a school term basis and may be continuous for the length of the training program, provided the student maintains a minimum B grade average and minimum school attendance requirements.
      2. School Grants
        1. School grants may be provided for meeting affirmative and minority recruitment goals.
        2. School grants may be provided for assisting handicapped, physically disadvantaged, and economically disadvantaged students.
Sources: 

Approved December 11, 1992 Tennessee Board of Regents' Meeting; Revised: TBR Meeting, September 30, 2005. Revised Jan. 1, 2014 per Tennessee Alternative Diploma Act to reflect change from General Educational Development (GED) Certificate to Tennessee High School Equivalency (HSE) Diploma.

Contact: 
Policy Number: 
3:04:01:00
Policy/Guideline Area: 
Student Policies
Applicable Divisions: 
Community Colleges, Universities
Purpose: 

This policy covers the establishment of and participation in student scholarship and financial aid programs by TBR universities and community colleges. (TCATs are covered by separate policy.)

Policy/Guideline: 
  1. Federal, State and Private Financial Aid, Loan, and Scholarship Programs
    1. All institutions are hereby authorized to participate in any private, federal, or state programs providing financial aid, loans, scholarships, grants, and other forms of educational assistance to students. Institutions must meet the eligibility requirements for participation and comply with all federal and state laws and regulations related to said programs.
    2. In participating in educational assistance programs, institutions shall comply with all applicable laws. Institutions may participate in publicly or privately funded educational assistance programs which provide preference on the basis of race, color, creed, sex, handicap, age, religious preference, veteran's status, or national origin in the selection of students or awards to students, but only where the aggregate of all such participation is non-discriminatory and after consultation with legal counsel. Institutions may participate in any educational assistance programs provided by the federal government or the State of Tennessee for affirmative action or diversity purposes in furtherance of the institution's affirmative action and or diversity plan.
  2. Institutional Scholarships and Grant Programs
    1. General Parameters
      1. State appropriations shall be expended or applied only to Access and Diversity grants.
      2. Each institution is authorized to employ students under local work programs, and each university is authorized to employ graduate assistants pursuant to Board Policy No. 5:02:05:00.
      3. Institutions may award scholarships and grants, in any of the programs listed below in Sections II. C. and D., to students who are full-time, part-time, out-of state, or Tennessee residents.
      4. The maximum amount of an individual academic service scholarship awarded for any one semester or summer session shall be the amount of the maintenance fees (and/or out-of-state tuition) for the semester or summer session plus an allowance for books and supplies. The maximum books and supplies allowance shall be commensurate with the book and supply allowance component of the standard student budget compiled by the institution's financial aid officer. The maximum amount that may be awarded to any individual during a single fiscal year shall not exceed the total amount of combined fees and book allowances defined herein. For the purposes of this policy, maintenance fees (and\or out-of-state tuition) shall be defined as all mandatory fees payable by a student for continued enrollment at the institution, including but not limited to debt service fees, student activity fees, and registration fees. The maximum amount awarded to a part-time student shall be prorated based on the number of hours for which the student is enrolled. Refunds shall be handled in accordance with TBR refund policy outlined in TBR Guideline B-060. The provisions of this section do not apply to privately funded scholarships or grants.
      5. Each institution shall establish specific criteria for the scholarship programs listed below in Sections II. C. and D. Such criteria must meet the minimum limitations set forth in this TBR policy; however, the institution may set criteria which is more restrictive than the TBR policy. The written procedures implementing this policy and all requirements for eligibility, maintenance, and renewal shall be clearly published in the official catalog of the institution and through the institutional website.
    2. Funding Sources for Scholarships and Grant Programs
      1. Academic Scholarships and Institutional Grants may be funded by a maximum of l0% of total tuition and fees received by the institution in any one year. An exception to this limitation may be made upon approval of the Chancellor and subsequent approval of the budget by TBR.
      2. Athletic and Performance Grants may be funded by private contributions, donations, endowment earnings designated for scholarships and grants, revenues derived from the activities in which the student participates, and student fees specifically programmed and approved for such assistance.
      3. Access and Diversity Grants shall be funded by state funds and may be supplemented by other campus revenue sources.
      4. Academic Work Scholarships in the College of Medicine (ETSU) may be funded by a maximum of 10% of total tuition and fees received by the College of Medicine in any one year.
    3. Scholarship and Grant Programs Requiring Service to the Institution
      1.  Athletic Grants
        1. Each institution is authorized to award grants for students involved in athletics.
        2. Grants for athletes awarded by institutions shall be subject to applicable limitations imposed by any national, regional, or other conference or association of which the institution is a member.
        3. The requirement of service to the institution is satisfied by student performance of athletic endeavors.
      2. Performance Grants
        1. The institution may award grants to students who perform a service to the institution, such as band members, cheerleaders, spirit squad members, staff of student newspapers and yearbooks, etc.
        2. The service requirement is fulfilled by the performance of the activity by the student.
      3. Other Institutional Grants
        1. Institutional Grants may be provided for meeting affirmative action and minority recruitment goals.
        2. Institutional Grants may be provided for assisting handicapped, physically disadvantaged, and economically disadvantaged students.
      4. Academic Service Scholarships
        1. Awards to first-time freshmen shall be limited to students who had a minimum high school average of 2.9 or the equivalent. In addition, first-time university freshmen shall have a minimum enhanced ACT composite score of 19 to be eligible for consideration. Awards to GED students shall be based upon evidence of comparable scholastic ability. Institutions may make exception to the requirements of this paragraph when admitting freshmen who have not attended high school or another postsecondary institution for at least four years.
        2. Awards to transfer and other than first-time freshman students will require a minimum cumulative college GPA of 2.9 for universities and 2.5 for two year colleges earned on the basis of at least twelve (12) credit hours. Students who have completed less than twelve (12) credit hours shall, for the purposes of this policy, be considered first-time freshmen.
        3. Renewal of academic service scholarships after the initial academic year of the freshman shall require a minimum cumulative GPA of 2.5. All subsequent renewals shall be reviewed at the end of each semester and require a minimum cumulative GPA of 2.5 for students of both universities and two year institutions.
          1. Students must complete a minimum amount of twelve credits, if full time and six credits, if part time.
        4. Awards of academic service scholarships shall be made on a semester basis. Failure to maintain the required grade-point average or a satisfactory standard of conduct will result in the automatic forfeiture of the scholarship. A student who forfeits his/her scholarship for any of the above reasons may be eligible for consideration after the lapse of at least one full semester. Exceptions to this provision may be made when approved by the institution's president or his/her designee.
        5. Economic status and need of the applicant will be considered a favorable factor only when all other conditions appear equal. Consideration may be given to the student's potential for the future as well as his or her area of specialization in relation to the needs of the state and the nation.
        6. An Academic Service Scholarship shall involve a service obligation to the institution of 75 hours per semester.  The service obligation will be structured to primarily provide an educational benefit to the student, not a work benefit to the institution.  The service requirement for part-time and summer session students shall be prorated based on the number of hours for which the student is enrolled.
          1. Students must complete a minimum amount of twelve credits, if full time and six credits, if part time.
          2. The institution may define service for the purpose of the scholarship to include academic or co-curricular activities, such as study abroad, undergraduate research, service learning, student teaching, nursing clinical, social work practicum, and approved institutional service.
      5. Academic Work Scholarships (in the College of Medicine - ETSU)
        1. Awards shall be made to incoming freshmen who are Tennessee residents, present an MCAT score of 9.0 or better and a "P" in writing skills, and have an undergraduate GPA of 3.3 or better.
        2. Students are ineligible for the Academic Work Scholarship if they are a recipient of a grant or award from the Armed Forces, NHSC, THEC, or under contractual obligation for practice after residency. Likewise, students who receive funding from CWSP or RSWP (work programs) or who hold a salaried position at ETSU are ineligible for a TBR scholarship.
        3. The award will be for tuition plus book stipend. No award will exceed total in-state fees, debt service, student activity, registration, and a book allowance commensurate with the educational cost allowance for all other students.
        4. Scholarship recipients must earn at least a 3.0 GPA to qualify for renewal awards. In addition, recipients must earn overall GPA and progress normally through the curriculum as defined by Title IV "satisfactory academic progress" regulations to maintain the scholarship or qualify for renewal awards.
      6. Recipients must work not less than 300 hours per calendar year. Activities will include but not be limited to participation in research projects, generation of publications, support of activities related to increased extramural findings, and other scholarly activities as deemed appropriate by the Special Research Project Review Committee. This Committee, made up of basic scientists, clinical practitioners/research and research project administrators, will oversee the selection of and assignments to work-study projects.
    4. Grants Which Do Not Require Service to the Institution
      1. Access and Diversity grants may be provided to students in order to achieve diversity plan objectives.
      2. Students receiving Access and Diversity grants are not required to provide service to the institution.
      3. Students enrolled in institutional Honors programs which require significant enrichment activities by the student over and above normal course requirements are not by this policy required to provide service to the institution.
      4. Students receiving privately-funded or publicly-funded scholarships which require an institutional match are not by this policy required to provide service to the institution.
    5. Exceptions
      1. The President or his/her designee is authorized to approve other scholarships/grants so long as the total amount of these and other academic scholarships and institutional grants funded under this policy do not exceed a maximum of 10% of total tuition and fees received by the institution in any one year.
Sources: 

TBR Meetings: December 8, l978; March l8, l983; September 30, l983; June 29, l984; June 29, l990; December 11, 1992; March 30, 2001; April 2, 2004; June 30, 2006: June 19, 2009; TBR Board Meeting September 25, 2009; December 8, 2011; TBR Board Meeting June 19, 2015.

Contact: 
Policy Number: 
3:03:00:00
Policy/Guideline Area: 
Student Policies
Applicable Divisions: 
TCATs, Community Colleges, Universities
Purpose: 

The purpose of this policy is the establishment of policy and procedures governing campus life at Tennessee Board of Regents institutions.

Policy/Guideline: 
  1. Student Life Policies and Procedures
    1. The Tennessee Board of Regents is required by its enabling legislation to establish policies and procedures governing campus life at the institutions in the Tennessee Board of Regents System. In accordance with that statutory duty, the Board has promulgated policies governing the following aspects of campus life:
      1. Student Organizations
      2. Off-Campus (visiting) Speakers
      3. Student conduct, and disciplinary sanctions
      4. Use of Campus Property and Facilities
      5. Student Residence Regulations and Agreements
      6. Residence Hall Visitation Policy
      7. Residency Classification of Students
      8. Use of Alcoholic Beverages
    2. Each institution may develop policies and procedures concerning campus life not inconsistent with the policies listed above. Policies and procedures concerning student life (discipline and housing), and any revisions thereto, shall be submitted to the Board for approval prior to implementation.
    3. Further, in order to allow compliance with the rulemaking provisions of the Tennessee Uniform Administrative Procedures Act when applicable, all new student life policies and procedures and any revision of existing policies and procedures proposed by institutions shall be submitted to the Board, through the Chancellor, no later than April 1 of each year for implementation in the following academic year.
Sources: 

TBR Meeting, September 30, 1983, September 21, 1990

Note: This policy represents a consolidation and revision of superseded policies on Report of Committee for Student Life (3:03:00:00) and Student Handbooks (3:06:01:00)

Contact: 
Policy Number: 
3:02:04:00
Policy/Guideline Area: 
Student Policies
Applicable Divisions: 
TCATs, Community Colleges, Universities
Purpose: 

The purpose of this policy is the establishment of Tennessee Board of Regents policy regarding the Rights and Freedoms of students enrolled at TBR institutions.

Policy/Guideline: 
  1. Preamble  
    1. Academic institutions exist for the transmission of knowledge, the pursuit of truth, the development of students, and the general well-being of society. Free inquiry and free expression are indispensable to the attainment of these goals. As members of the academic community, students should be encouraged to develop the capacity for critical judgment and to engage in a sustained and independent search for truth. Institutional procedures for achieving these purposes may vary from campus to campus, but the minimal standards of academic freedom of students outlined below are essential to any community of scholars.
    2. Freedom to teach and freedom to learn are inseparable facets of academic freedom. The freedom to learn depends upon appropriate opportunities and conditions in the classroom, on the campus, and in the larger community. Students should exercise their freedom with responsibility.
    3. The responsibility to secure and to respect general conditions conducive to the freedom to learn is shared by all members of the academic community. Tennessee Board of Regents institutions have developed policies and procedures which provide and safeguard this freedom. The purpose of this statement is to enumerate the essential provisions for students’ freedom to learn.
  2. Freedom of Access to Higher Education
    1. The admissions policies of each Tennessee Board of Regents Institution are a matter of institutional choice, provided that each institution makes clear the characteristics and expectations of students which it considers relevant to success in the institution’s program.
    2. Under no circumstances should a student be barred from admission to a particular institution on the basis of race. Thus, within the limits of its facilities, each institution should be open to all students who are qualified according to its admissions standards. The facilities and services of a TBR institution should be open to all of its enrolled students.
  3.  In the Classroom
    1. The professor in the classroom and in conference should encourage free discussion, inquiry, and expression.
    2. Student performance should be evaluated solely on an academic basis, not on opinions or conduct in matters unrelated to academic standards.
      1. Protection of Freedom of Expression
        1. Students should be free to take reasoned exception to the data or views offered in any course of study and to reserve judgment about matters of opinion, but they are responsible for learning the content of any course of study for which they are enrolled.
      2. Protection Against Improper Academic Evaluation
        1. Students should have protection through orderly procedures against prejudiced or capricious academic evaluation.
        2. At the same time, they are responsible for maintaining standards of academic performance established for each course in which they are enrolled.
      3. Protection Against Improper Disclosure
        1. Certain information about students is protected from public disclosure by Federal and state laws. Protection against improper disclosure is a serious professional obligation. Judgments of ability and character may be provided under appropriate circumstances. (Adapted from AAUP Statement of Rights and Freedoms of Students.)
Sources: 

TBR Board Meeting December 2, 2005

Contact: 
Policy Number: 
3:02:03:00
Policy/Guideline Area: 
Student Policies
Applicable Divisions: 
TCATs, Community Colleges, Universities, System Office
Purpose: 

The purpose of this policy is the establishment of policy to protect the confidentiality of records for students of Tennessee Board of Regents institutions.

Policy/Guideline: 
  1. Confidentiality of Student Records
    1. The following policy of the State Board of Regents concerning access to educational records shall apply to all institutions governed by the Board.
      1. It is the policy of the State Board of Regents and its institutions to comply with the Family Educational Rights and Privacy Act ("Buckley Amendment") and, in so doing, to protect the confidentiality of personally identifiable educational records of students and former students.
        1. Each faculty and staff member employed by the Board of Regents or its institutions is individually responsible for complying with the Buckley Amendment, and violations may subject the faculty or staff member to disciplinary action.
        2. Appropriate references to this policy shall be included in each faculty and staff handbook and shall be included in orientation sessions for new employees who work with or have access to student records.
      2. Each institution shall develop policies and procedures consistent with TBR guidelines adopted pursuant to this policy, and students shall be informed annually of their rights under said institutional policies and procedures.
Sources: 

TBR Meeting September 18, 1987

Contact: 
Policy Number: 
3:02:01:00
Topics Outline: 
Policy/Guideline Area: 
Student Policies
Applicable Divisions: 
TCATs, Community Colleges, Universities
Purpose: 

The purpose of this policy is to establish student due process procedures for Tennessee Board of Regents institutions.

Policy/Guideline: 
  1. Due Process
    1. Institutions governed by the State Board of Regents, in the implementation of Board approved policies and regulations pertaining to discipline and conduct of students, shall ensure the constitutional rights of students by affording a system of constitutionally and legally sound procedures which provide the protection of due process of law.
    2. If, in accordance with the institution regulations governing discipline in cases of student social misconduct, a hearing is requested, the following minimal procedures will be observed:
      1. The student shall be advised of the time and place of the hearing.
      2. The student shall be advised of the breach of regulations of which or she he is charged.
      3. The student shall be advised of the following rights:
        1. The right to present his or her case.
        2. The right to be accompanied by an advisor.
        3. The right to call witnesses in his or her behalf.
        4. The right to confront witnesses against him or her.
      4.  The student shall be advised of the method of appeal.
Sources: 

TBR Meetings, August 17, 1973; September 30, 1983

Contact: 
Policy Number: 
3:02:00:01
Policy/Guideline Area: 
Student Policies
Applicable Divisions: 
TCATs, Community Colleges, Universities
Purpose: 

The Tennessee Board of Regents authorizes the institutions under its jurisdiction to take such action as may be necessary to maintain campus conditions and preserve the integrity of the institution and its educational environment. Institutional policies on this subject shall be subject to prior review and approval by the TBR Offices of General Counsel and Academic Affairs.   

Definitions: 
  • For the purpose of this policy, a “student” shall mean any person who is admitted and/or registered for study at a State Board of Regents institution for any academic period. This shall include any period of time following admission and/or registration, but preceding the start of classes for any academic period. It will also include any period which follows the end of an academic period through the last day for registration for the succeeding academic period, and during any period while the student is under suspension from the institution.
  • “Student” shall also include any person subject to a period of suspension or removal from campus as a sanction which results from a finding of a violation of the policies and regulations governing student conduct.
  • Definitions of “Disciplinary Offenses” and “Disciplinary Sanctions” are included in their respective sections, II. and IV. 
Policy/Guideline: 
  1. Policy Statement
    1. Students enrolled in postsecondary educational institutions are citizens of their civic communities as well as the academic community. As such they are expected to conduct themselves as law-abiding members of each community at all times.
    2. Admission to an institution of postsecondary education carries with it special privileges and imposes special responsibilities apart from those rights and duties enjoyed by non-students. 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 (“TBR” or “the Board”) has authorized the presidents of the institutions and directors of the colleges of applied technology under its jurisdiction to take such action as may be necessary to maintain campus conditions and preserve the integrity of the institution and its educational environment.
    3. Pursuant to this authorization and in fulfillment of its duties to provide a secure and stimulating atmosphere in which individual and academic pursuits may flourish, the State Board of Regents has developed the following policy, which is intended to govern student conduct on the several campuses under its jurisdiction.
    4. Each institution under the jurisdiction of the TBR is directed to implement policies subject to, and consistent with, this policy.
    5. In student discipline policies, each institution may supplement this policy, subject to prior approval by the TBR Offices of General Counsel and Academic Affairs. In addition, students are subject to all federal, state and local laws and ordinances. If a student’s violation of such laws or ordinances also adversely affects the institution’s pursuit of its educational objectives, the institutions may enforce their own policies regardless of the status or outcome of any external proceedings instituted by other civil or criminal authorities.
    6. Students are responsible for compliance with the Student Conduct Policy and with similar institutional policies and regulations at all times.
    7. Disciplinary action may be taken against a student for violation of the policies and regulations, which violations occur on institutionally owned, leased or otherwise controlled property, while participating in international or distance learning programs, and off campus, when the conduct impairs, interferes with, or obstructs any institutional activity or the mission, processes, and functions of the institution. 
    8. This policy, and related material incorporated herein by reference, is applicable to student organizations as well as individual students. Student organizations are subject to discipline for the conduct and actions of individual members of the organization while acting in their capacity as members of, or while attending or participating in any activity of, the organization.
    9. Confidentiality of Discipline Process. Subject to the exceptions provided pursuant to the Family Educational Rights and Privacy Act of 1974 (FERPA), 20 U.S.C. 1232g and/or the Tennessee Open Records Act, T.C.A. § 10-7-504(a)(4), a student’s disciplinary files are considered “educational records” and are confidential within the meaning of those Acts.
  2. Disciplinary Offenses
    1. Institutional disciplinary measures shall be imposed, through appropriate due process procedures, for conduct which adversely affects the institution’s pursuit of its educational objectives, which violates or shows a disregard for the rights of other members of the academic community, or which endangers property or persons on property owned or controlled by an institution.
    2. Institutions shall adopt and publish a non-exclusive list, providing notice of offenses for which both individuals and organizations may be subject to disciplinary action.
    3. The list may include any appropriate offense given the specific needs of the individual institution, subject to prior review and approval by the TBR Offices of General Counsel and Academic Affairs.
    4. Institutions are pre-authorized to implement any or all of the disciplinary offenses, in the form set forth immediately below, without need for prior review or approval:
      1. Threatening or Disruptive Conduct. Any conduct, or attempted conduct, which poses a threat to the safety of others or where the student's behavior is disruptive of the institution's learning environment.
      2. Hazing. Hazing, as defined in T.C.A. § 49-7-123(a)(1), means any intentional or reckless act, on or off the property, of any higher education institution by an individual acting alone, or with others, which is directed against any other person(s) that endangers the mental or physical health or safety of that person(s), or which induces or coerces a person(s) to endanger such person(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;
      3. Disorderly Conduct. Any individual or group behavior which is abusive, obscene, lewd, indecent, violent, excessively noisy, disorderly, or which unreasonably disturbs institutional functions, operations, classrooms, other groups or individuals;
      4. Obstruction of or Interference with institutional activities or facilities. Any intentional interference with or obstruction of any institutional, program, event, or facility including the following:
        1. Any unauthorized occupancy of facilities owned or controlled by an institution or blockage of access to or from such facilities,
        2. Interference with the right of any institution member or other authorized person to gain access to any activity, program, event or facilities sponsored or controlled by an institution,
        3. Any obstruction or delay of a campus security officer, public safety officer, police officer, firefighter, EMT, or any official of an institution, or failure to comply with any emergency directive issued by such person in the performance of his or her duty;   
      5. Misuse of or Damage to Property. Any act of misuse, vandalism, malicious or unwarranted damage or destruction, defacing, disfiguring or unauthorized use of property belonging to another including, but not limited to, any personal property, fire alarms, fire equipment, elevators, telephones, institution keys, library materials and/or safety devices;
      6. Theft, Misappropriation, or Unauthorized Sale of Property;
      7. Misuse of Documents or Identification Cards. Any forgery, alteration of or unauthorized use of institutional 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;
      8. Firearms and Other Dangerous Weapons. Any possession of or use of firearms, dangerous weapons of any kind, or replica/toy guns, e.g. BB guns, pellet guns, paintball guns, water guns, cap guns, toy knives or other items that simulate firearms or dangerous weapons. (Refer to Guidance on Firearms on Campus, Exhibit #1);
      9. 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;
      10. Alcoholic Beverages. The use and/or possession of alcoholic beverages on institution owned or controlled property. This offense includes the violation of any local ordinance, state, or federal law concerning alcoholic beverages, on or off institution owned or controlled property, where an affiliated group or organization has alcoholic beverages present and available for consumption;
      11. Drugs. The unlawful possession or use of any drug or controlled substance (including, but not limited to, any stimulant, depressant, narcotic or hallucinogenic drug, or marijuana), sale or distribution of any such drug or controlled substance. This offense includes the violation of any local ordinance, state, or federal law concerning the unlawful possession or use of drugs, on or off institution owned or controlled property;
      12. Drug Paraphernalia. The use or possession of equipment, products or materials that are used or intended for use in manufacturing, growing, using or distributing any drug or controlled substance. This offense includes the violation of any local ordinance, state, or federal law concerning the unlawful possession of drug paraphernalia, on or off institution owned or controlled property;
      13. Public Intoxication. Appearing on institution owned or controlled property or at an institutional sponsored event while under the influence of a controlled substance or of any other intoxicating substance;
      14. Gambling. Unlawful gambling in any form;
      15. 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;
      16. Unacceptable Conduct in Disciplinary Proceedings. Any conduct at any stage of an institutional disciplinary proceeding or investigation that is contemptuous, disrespectful, threatening, or disorderly, including false complaints, testimony or other evidence, and attempts to influence the impartiality of a member of a judicial body, verbal or physical harassment or intimidation of a judicial board member, complainant, respondent or witness;
      17. Failure to Cooperate with Institutional Officials. Failure to comply with directions of institutional officials acting in the performance of their duties;
      18. Violation of General Policies. Any violation of the general policies 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;
      19. Attempts, Aiding and Abetting. Any attempt to commit any of the offenses listed under this section or the aiding or abetting of the commission of any of the offenses listed under this section (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). Being present during the planning or commission of any offense listed under this section will be considered as aiding and abetting. Students who anticipate or observe an offense must remove themselves from the situation and are required to report the offense to the institution;
      20. Violations of State or Federal Laws. Any conviction of violation of state or federal laws or regulations proscribing conduct or establishing offenses, if a student's violation of such laws or regulations also adversely affects the institutions' pursuit of its educational objectives;
      21. Violation of Imposed Disciplinary Sanctions. Intentional or unintentional violation of a disciplinary sanction officially imposed by an institution official or a constituted body of the institution;
      22. Sexual Misconduct. Committing any act of sexual misconduct as defined by TBR Policy 6:03:00:00;
      23. Harassment or Retaliation. Any act by an individual or group against another person or group in violation of TBR policies, as well as federal and/or state laws prohibiting discrimination, including, but not limited to, TBR policies 5:01:02:00,(F), 6:01:00:00, 6:02:00:00, and TBR Guideline P-080;
      24. Academic Misconduct. Plagiarism, cheating, fabrication. For purposes of this section the following definitions apply:
        1. Plagiarism. The adoption or reproduction of ideas, words, statements, images, or works of another person as one’s own without proper attribution,
        2. Cheating. Using or attempting to use unauthorized materials, information, or aids in any academic exercise or test/examination. The term academic exercise includes all forms of work submitted for credit or hours,
        3. Fabrication. Unauthorized falsification or invention of any information or citation in an academic exercise.
      25. Unauthorized Duplication or Possession of Keys. Making, causing to be made or the possession of, with the intent to use or make available for use by others, any key for an institutional facility without proper authorization;
      26. Litter. Dispersing litter in any form onto the grounds or facilities of the campus;
      27. Pornography. Public display of literature, films, pictures or other materials which an average person applying contemporary community standards would find, (1) taken as a whole, appeals to the prurient interest, (2) depicts or describes sexual conduct in a patently offensive way, and (3) taken as a whole, lacks serious literary, artistic, political or scientific value;
      28. Abuse of Computer Resources and Facilities. Misusing and/or abusing campus computer resources including, but not limited to the following:
        1. Use of another person’s identification to gain access to institutional computer resources,
        2. Use of institutional computer resources and facilities to violate copyright laws, including, but not limited to, the act of unauthorized distribution of copyrighted materials using institutional information technology systems,
        3. Unauthorized access to a computer or network file, including but not limited to, altering, using, reading, copying, or deleting the file,
        4. Unauthorized transfer of a computer or network file,
        5. Use of computing resources and facilities to send abusive or obscene correspondence,
        6. Use of computing resources and facilities in a manner that interferes with normal operation of the institutional computing system,
        7. Use of computing resources and facilities to interfere with the work of another student, faculty member, or institutional official,
        8. Violation of any published information technology resources policy,
        9. Unauthorized peer-to-peer file sharing;
      29. Unauthorized Access to Institutional Facilities and/or Grounds. Any unauthorized access and/or occupancy of institutional facilities and grounds is prohibited, including, but not limited to, gaining access to facilities and grounds that are closed to the public, being present in areas of campus that are open to limited guests only, being present in academic buildings after hours without permission, and being present in buildings when the student has no legitimate reason to be present;
      30. Providing False Information. Giving any false information to, or withholding necessary information from, any institutional official acting in the performance of his/her duties in connection with a student’s admission, enrollment, or status in the institution;
      31. Unauthorized Surveillance. Making or causing to be made unauthorized video or photographic images of a person in a location in which that person has a reasonable expectation of privacy, without the prior effective consent of the individual, or in the case of a minor, without the prior effective consent of the minor’s parent or guardian. This includes, but is not limited to, taking video or photographic images in shower/locker rooms, residence hall rooms, and men’s or women’s restrooms, and storing, sharing, and/or distributing of such unauthorized images by any means;
      32. Smoking Violations. Violation of any TBR and/or institutional smoking or other tobacco use rules or policies.
    5. Disciplinary action may be taken against a student for violations of the foregoing policies which occur at or in association with enrollment at an institution governed by the State Board of Regents for any academic period.
    6. Each student shall be responsible for his/her conduct from the time of application for admission through the actual awarding of a degree including periods prior to or between semesters.
    7. Conduct occurring while a student is registered or enrolled at the institution, but not discovered until after the student leaves the institution, including after the awarding of a degree, is actionable under these provisions and may result in the retroactive application of a disciplinary sanction.
    8. Should a student withdraw from the institution with disciplinary action or academic misconduct action pending, the student’s record may be encumbered by the appropriate institutional office until the proceedings have been concluded.
  3. Academic and Classroom Misconduct
    1. The instructor has the primary responsibility for maintenance of academic integrity and controlling classroom behavior, and can order the temporary removal or exclusion from the classroom of any student engaged in disruptive conduct or conduct that violates general rules and policies of the institution for each class session during which the conduct occurs. Extended or permanent exclusion from the classroom, beyond the session in which the conduct occurred, or further disciplinary action can be effected only through appropriate procedures of the institution.
    2. 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 regular institutional disciplinary procedures, the instructor has the authority to assign an appropriate grade for the exercise or examination, proportional to the nature and extent of academic misconduct. Disciplinary sanctions will be imposed only through the appropriate institutional student disciplinary processes.
    3. Students may appeal a grade assignment associated with a finding of academic misconduct, as distinct from a student disciplinary sanction, through appropriate institutional academic misconduct or grade appeal procedures. Courses may not be dropped pending the final resolution of an allegation of academic misconduct.
    4. Disruptive behavior in the classroom may be defined as, but 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.), text messaging, and the continued use of any electronic or other noise or light emitting device which disturbs others.
  4. Disciplinary Sanctions
    1. Institutions shall adopt and publish a policy, providing notice of potential disciplinary sanctions applicable to both individuals and organizations. The policy may include any appropriate sanction, given the specific needs of the individual institution, subject to prior review and approval by the TBR Offices of General Counsel and Academic Affairs. Institutions are authorized to implement any or all of the sanctions, in the form set forth in sub-section (B) below, without need for prior review or approval. Upon a determination that a student or student organization has violated any of the disciplinary offenses set forth in this policy, institutional disciplinary policies, or the general policies of an institution, disciplinary sanctions may be imposed, either singly or in combination, by the appropriate institution or school officials.
    2. Definition of Sanctions:
      1. Restitution. Restitution may be required in situations which involve destruction, damage, or loss of property, or unreimbursed medical expenses resulting from physical injury. When restitution is required, the student or student organization is obligated by the appropriate judicial authority to compensate a party or parties for a loss suffered as a result of disciplinary violation(s). Any such payment in restitution shall be limited to actual cost of repair, replacement or financial loss;
      2. Warning. The appropriate institutional official may notify the student or student organization that continuation or repetition of specified conduct may be cause for other disciplinary action;
      3. Reprimand. A written or verbal reprimand or censure may be given to any student or student organization whose conduct violates any part of these policies and provides notice that that any further violation(s) may result in more serious penalties;
      4. Service to the Institution or Community. A student, or student organization, may be required to donate a specified number of service hours to the institution performing reasonable tasks for an appropriate institution office, official(s), or the local community. The service required shall be commensurate to the offense (e.g., service for maintenance staff for defacing institutional property);
      5. Specified Educational/Counseling Program. A student or student organization may be required to participate in specified educational or counseling program(s) relevant to the offense, or to prepare a project or report concerning a relevant topic;
      6. Apology. A student or student organization may be required to apologize to an affected party, either verbally or in writing, for the behavior related to a disciplinary offense;
      7. Fines. Penalties in the form of fines may be imposed against a student or student organization whenever the appropriate institutional authority deems appropriate. The sanction of fines may be imposed in addition to other forms of disciplinary sanctions. Failure to pay fines may result in further disciplinary action;
      8. Restriction. A restriction upon a student’s or student organization’s privileges for a period of time may be imposed. This restriction may include, for example, denial of the ability to represent the institution at any event, ability to participate in institution or TBR sponsored travel, use of facilities, parking privileges, participation in extracurricular activities or restriction of organizational privileges;
      9. Probation. Continued enrollment of a student or recognition of a student organization on probation may be conditioned upon adherence to these policies. Any student or organization placed on probation will be notified in writing of the terms and length of the probation. Probation may include restrictions upon extracurricular activities, or any other appropriate special condition(s). Any conduct in further violation of these policies while on probationary status or the failure to comply with the terms of the probationary period may result in the imposition of further disciplinary action;
      10. Suspension. Suspension is the separation of a student or student organization from the institution for a specified period of time. Suspension may be accompanied by special conditions for readmission or recognition;
      11. Expulsion. Expulsion entails a permanent separation from the institution. The imposition of this sanction is a permanent bar to the student’s admission, or a student organization’s recognition to the institution. A student or organization that has been expelled may not enter institution property or facilities without obtaining prior approval from an appropriate campus official with knowledge of the expulsion directive;
      12. Revocation of Admission, Degree, or Credential;
      13. Interim Involuntary Withdrawal or Suspension. As a general rule, the status of a student or student organization accused of violation of TBR regulations, this policy, or institutional policies should not be altered until a final determination has been made in regard to the charges. However, interim involuntary withdrawal or suspension, pending the completion of disciplinary procedures, may be imposed upon a finding by the appropriate institutional official that the conduct, or attempted conduct of the student poses a direct threat to the safety of any other member of the institution, its guests, property, or the student's behavior is materially and substantially disruptive of the institution's learning environment or other campus activities. In any case of interim involuntary withdrawal or suspension, the student, or student organization, shall be given an opportunity at the time of the decision, or as soon thereafter as reasonably possible, to contest the suspension;
      14. Housing Probation. Continued residence in campus or student housing may be conditioned upon adherence to these policies as well as institutional housing policies. Any resident placed on housing probation will be notified in writing of the terms and length of the probation. Probation may include restrictions upon the activities of the resident, including any other appropriate special condition(s);
      15. Housing Suspension and Forfeiture. A resident suspended from housing may not reside, visit, or make any use whatsoever of a housing facility or participate in any housing activity during the period for which the sanction is in effect. A suspended resident shall be required to forfeit housing fees (including any unused portion thereof and the Housing Deposit). A suspended resident must vacate the housing unit. Housing suspension shall remain a part of the student resident’s disciplinary record.
  5. Traffic and Parking
    1. General: Institutions governed by the TBR shall adopt institutional policies governing traffic and parking on their respective campuses. The purpose of these policies shall be to facilitate the orderly and efficient flow of traffic on those campuses, to provide a safe atmosphere for both pedestrians and motor vehicle operators, and to provide order with regard to parking within limited space. Institutional policies enacted in compliance with this policy shall be subject to prior review and approval of the TBR. Once adopted, such policies shall be published, at least annually, and, as appropriate, through signage, traffic/parking handbooks, student/faculty handbooks and institutional websites.
    2. Registration of Automobiles/Permits/Decals: TBR institutions shall adopt policies regarding the registration of vehicles and/or the issuance of decals and/or permits on campus, and/or the alternate use of campus access fees in lieu of registration of individual vehicles for the purpose of effective enforcement of campus traffic and/or parking regulations. Reasonable fees/costs may be assessed in association with the vehicle registration, permit, or decal issuance process. Any fees/costs associated with registration of vehicles or the issuance of permits/decals, together with appropriate information sufficient to justify the fee/cost amount, shall be submitted for review and approval by the TBR prior to implementation at any institution, pursuant to the requirement set forth in TBR policy.
    3. Parking: TBR institutions shall adopt policies with regard to parking on institution owned, operated, or controlled sites. Those policies shall reflect the physical availability and limitations of parking facilities at institution owned, operated, or controlled sites. TBR institutions are further authorized to adopt appropriate parking zones or designated parking systems for faculty, staff, students, residents of campus housing, visitors, and other appropriate groups. Institutions may also establish a schedule of hours for enforcement for parking regulations at their various campus sites. Reasonable fees/costs may be assessed in association with the issuance of parking decals or passes as set forth in section (2) above. Any fees/costs associated with parking permits/decals, together with appropriate information sufficient to justify the fee/cost amount, shall be submitted for review and approval by the TBR prior to implementation at any institution, pursuant to the requirement set forth in TBR policy.
    4. Traffic: TBR institutions shall adopt policies with regard to motor and other vehicular traffic on institution owned, operated, or controlled sites. Those policies shall reflect the nature of traffic patterns, roads, and physical limitations of the particular institution owned or controlled site. TBR institutions are further directed to adopt and publish a traffic code reflecting the traffic rules and offenses for that institution’s sites. Such violations may include, but are not limited to, all traffic offenses provided under state, county, or municipal ordinance applicable to the locality of each institutional site. Adoption of such policies shall be subject to prior review and approval by the TBR. Once adopted or amended all traffic and parking regulations shall be affirmatively communicated to the faculty, staff, and students of the institution as well as published in appropriate websites, handbooks, or manuals.
    5. Fines/Penalties: TBR institutions shall have the authority to adopt appropriate fines and/or disciplinary sanctions for violations of the traffic and parking regulations established pursuant to sections (3) & (4) above. Fines may be set as determined necessary at each institution, but shall not exceed the amounts provided for by the higher of state law, county, or municipal ordinance for the same offense. Such fines are subject to the prior review and approval of the TBR, pursuant to the requirement set forth in TBR policy. Proposed fines shall be submitted to the TBR together with information sufficient to justify the fine. Such information shall include consideration of state/county/municipal fines for the same offense, fines for the same offense at similarly situated institutions, association to enforcement costs at the institution, and/or the unique traffic/parking considerations at each institution. Once adopted or amended, all fines shall be affirmatively communicated to the faculty, staff, and students of the institution as well as published in appropriate websites, handbooks, or manuals.
    6. Appeals: Institutions shall establish an appropriate system of due process associated with any traffic/parking codes or fines, consistent with the due process requirements set forth in TBR System wide Rule 0240-02-03-.06, wherein persons cited for violation of institutional traffic/parking regulations may contest their citations. Institutions are authorized to establish alternative or multiple methods/bodies for hearings and/or for the resolution of such matters.
  6. Disciplinary Procedures
    1. General: Institutions governed by the TBR, in the implementation of TBR policies pertaining to discipline and conduct of students, shall ensure the constitutional rights of students by affording a system of constitutionally and legally sound procedures which provide the protection of due process of law. In furtherance of this mandate, all TBR institutions shall enact policies setting forth the disciplinary procedures for the institution. All such policies shall be enacted in compliance with TBR System wide Student Rules, this policy, and applicable state and federal law. All policies adopted shall be subject to prior review and approval by the TBR Offices of General Counsel and Academic Affairs. Once adopted or amended, all disciplinary procedures shall be affirmatively communicated to the faculty, staff, and students of the institution as well as published in appropriate websites, handbooks, or manuals.
    2. Contested Case Procedure: All cases which may result in: (a) suspension or expulsion of a student from the institution for disciplinary reasons, or (b) revocation of registration of a student organization, are subject to the contested case provisions of the Uniform Administrative Procedures Act (UAPA), T.C.A. § 4-5-301 et seq., and shall be processed in accord with the Uniform Contested Case procedures adopted by the Board of Regents unless the student or organization, after receiving written notice, waives those procedures and elects to have the case disposed of in accord with institutional procedures or waives all right to contest the case under any procedure. These procedures shall be described in the institution’s policy.
      1. For cases which may result in Interim Involuntary Withdrawal or Suspension, the institution must incorporate the guidelines set forth below in (F) in its decision-making processes.
    3. Institutional Procedures: For matters not subject to the requirements of UAPA, each institution shall include in its policies a description of the procedures applicable at each level of a student/organizational misconduct, student housing violation or traffic/parking violation proceeding, including procedures for the initiation, investigation, resolution and/or prosecution of a violation applicable at each level, including appeal(s). This policy shall also set forth minimum requirements for advance notice of charges/violations as well as the time, date, and place for any procedure or hearing.
    4. Institutional Hearings: For matters not subject to the requirements of UAPA, institutions shall establish a body or bodies, with authority to hear student/organizational misconduct, student housing violations, or traffic/parking violations. Such body may be constituted as determined by the institution and may consist of one (1) individual or a committee. Authority may be vested in a single entity or in separate bodies.
    5. Minimum Requirements of Due Process for Institutional Hearings: Institutional hearing bodies and procedures governing discipline in cases of student/organizational misconduct, student housing violations and/or traffic/parking violations may be structured in any manner deemed appropriate given the organizational structure of the individual institution, but shall include the following minimal procedural components:
      1. The student shall be advised, in writing, of the breach of regulation(s) of which she/he is charged;
      2. The student shall be advised of the time, date, and place of the hearing allowing reasonable time for preparation;
      3. The student shall be advised of the following rights applicable at the hearing:
        1. The right to present his or her case,
        2. The right to be accompanied by an advisor,
        3. The right to call witnesses in his or her behalf,
        4. The right to confront witnesses against him or her, and
        5. The student shall be advised of the method and time limitations for appeal, if any is applicable.
      4. Students subject to any disciplinary sanction are entitled to a due process hearing unless that right is waived by the student after receiving written notice of the available procedures.
    6. Interim Involuntary Withdrawal or Suspension Hearings: Hearings conducted with regard to interim involuntary withdrawal or suspensions imposed prior to or pending the outcome of a disciplinary investigation or proceeding shall be conducted consistent with the minimum requirements of due process applicable to an institutional hearing, taking into account the need for a timely hearing. The evidence presented at the hearing shall be limited to that which is relevant to the basis asserted for imposition of the interim involuntary withdrawal or suspension.
      1. In determining whether a student should be involuntarily withdrawn or suspended for threatening or disruptive conduct, the institution shall consider the nature, duration, severity, and probability of the threat posed or the disruption caused by a student, relying on the best available objective evidence and, if applicable and obtainable, on the most current medical evidence.
      2. The institutions shall also determine whether reasonable modifications of its policies, practices, or procedures could sufficiently mitigate the risk.
      3. Absent exigent circumstances creating an imminent risk or harm, the assessment will be made prior to a decision to involuntarily withdraw or suspend based on the threat he or she poses on others.
      4. If exigent circumstances warrant the immediate removal of a student from the institution, the student will receive, at a minimum, notice and an initial opportunity to present evidence immediately after being placed on involuntary withdrawal, and the opportunity to initiate full due process within 30 days of the removal.
    7. Alternative Resolution Procedures: Institutions are authorized to establish alternative or multiple methods/bodies for hearings and/or for the resolution of disciplinary matters, with the consent of all relevant parties. Alternative resolution methods may include, but are not limited to, mediation, diversion programs, and/or negotiated resolutions.
Sources: 

TBR Meetings, December 2, 1977; March 3, 1978; March 18, 1983; September 30, 1983; TBR Board Meeting, March 29, 2012; TBR Board Meeting June 19, 2015.

Contact: 
Policy Number: 
3:01:01:00
Policy/Guideline Area: 
Student Policies
Applicable Divisions: 
TCATs, Community Colleges, Universities
Purpose: 

The following policy of the Tennessee Board of Regents, applicable to all institutions governed by the Board, provides minimum standards for the registration and conduct of student organizations at the institutions.

Policy/Guideline: 
  1. Scope
    1. Each institution is authorized to establish additional policies and procedures affecting student organizations which are consistent with the provisions of this policy.
  2. Types of Student Organizations
    1. Student organizations may be either organizations sponsored by the institution, such as student government associations, associated student body organizations, and professional and honor societies, or organizations officially registered by the institution.
    2. Organizations which may be registered to operate on campuses include the following:
      1. Honors and leadership organizations and recognition societies;
      2. Departmental organizations and professional fraternities and sororities;
      3. Social fraternities and sororities; and
      4. Special interest groups (political, religious, athletic, etc.).
    3. Registration of a student organization by an institution shall neither constitute nor be construed as approval or endorsement by the institution of the purposes or objectives of the organization.
  3. General Policies on Student Organizations
    1. No student organization may carry on any activity on the campus of an institution unless the organization has been officially registered by the institution.
    2. No institution shall be responsible for injuries or damages to persons or property resulting from the activities of student organizations, or for any debts or liabilities incurred by such organizations.
    3. No student organization shall deny membership to any person on the basis of age, race, sex, religion, handicap or national origin, provided that social fraternities and sororities may have sex restricted membership, subject to the following exceptions:
      1. No TBR institution that grants recognition to any student organization shall discriminate against or deny recognition to a student organization, or deny to a student organization access to programs, funding, or facilities otherwise available to another student organization, on the basis of:
        1. The religious content of the organization's speech including, but not limited to, worship; or
        2. The organization's exercise of its rights pursuant to subsection 2.
      2. A religious student organization may determine that the organization's religious mission requires that only persons professing the faith of the group and comporting themselves in conformity with it qualify to serve as members or leaders.
    4. No student organization or individual shall engage in or condone any form of hazing.
      1. Hazing shall include, but is not limited to:
        1. Any action taken, or situation created intentionally, to produce mental or physical discomfort, embarrassment or ridicule;
        2. Any form of verbal or physical harassment or abuse; and
        3. Engaging in public stunts, morally degrading or humiliating behavior or games, whether on or off campus.
        4. Excessive demands on a student's time so as to interfere with academic performance are prohibited.
        5. Threatening in any manner or form for the purpose of cajoling individuals into secrecy in regard to breaches (planned, threatened, attempted, or perpetrated) of hazing violations also is prohibited.
        6. Hazing activity which is in violation of any other institution regulation such as the misuse of alcohol, drugs, institution property, etc., is strictly forbidden.
    5. Student organizations shall be vicariously responsible and liable for the conduct and actions of each member of the organization while acting in the capacity of a member or while attending or participating in any activity of the organization.
    6. No person, group or organization may use the name of the institution in any manner, provided that registered student organizations may use the name of the institution following the name of the organization.
    7. No person, group or organization may use the seal or any symbol of the institution without the prior written approval of the president or director of the institution, or his or her designee.
  4. Criteria for Registration of Organizations
    1. Any proposed student organization shall be open to all students of the institution who otherwise meet membership requirements.
    2. Membership in the organization shall be limited to currently enrolled students; provided that organizations may include faculty and staff of the institution, and/or spouses of students, faculty and staff, and provided further that professional organizations may include members of the professional and business communities as members.
    3. A proposed organization must represent the interests of the members, and the control of the organization must be within the local campus group.
    4. The organization must not have a knowing affiliation with an organization possessing illegal aims and goals, with a specific purpose to further those illegal aims and goals.
    5. The proposed organization must agree to comply with all policies, regulations and procedures established by the Board and the institution, and with all federal and state laws and regulations.
    6. The proposed organization must not:
      1. Have illegal aims and goals;
      2. Propose activities which would violate regulations of the Board or the institution, or federal or state laws and regulations, or materially and substantially disrupt the work and discipline of the institution; or
      3. Advocate incitement of imminent lawless action which is likely to produce such action.
    7. The proposed organization must have the minimum number of charter members designated by the institution, and there must be a demonstration of continuous interest in the purposes of the organization sufficient to afford registration on a long-term basis.
      1. In the event there is not sufficient interest to warrant long-term registration, an institution may grant temporary registration to an organization for a limited period of time.
    8. New organizations may be denied registration where the purposes are within the scope of a currently registered organization.
    9. No organization may use the same name, or a name which is misleading and similar to the name, of a currently registered organization.
    10. The organization must provide for the distribution of all funds and assets in the event of dissolution.
  5. Procedure for Registration of Organizations
    1. In order to become officially registered as a student organization, a group must meet the criteria set forth in section IV., and must provide to the institution a minimum of the following:
      1. An application or request to form the organization on the form designated by the institution.
      2. The proposed constitution and bylaws of the organization, which must clearly contain the following:
        1. The name, purpose, proposed activities, and rules of membership of the organization, the officers, their terms and methods of selection, the proposed nature and frequency of meetings and activities, and, the financial plans of the organization, including any proposed fees, dues and assessments.
        2. The names and signatures of the charter members of the organization.
        3. The names of the faculty adviser and/or the administrative officers of the institution who will sponsor the organization.
        4. A statement of assurance of compliance by the organization that it will comply with all rules and regulations, policies and procedures of the Board and the institution and with all federal and state laws and regulations.
      3. The designated number of copies of the foregoing documents and information must be submitted to the office of the designated body or bodies of the institution authorized to review and make recommendations concerning proposed organizations.
      4. Recommendations regarding registration of a proposed organization must be forwarded by the designated body or bodies of the institution to the president or director of the institution, or his or her authorized designee; and registration by the president or director or his or designee is necessary before the organization can be officially registered.
      5. Any official or body responsible for reviewing or registering proposed organizations may require the sponsors to clarify any materials or information provided in the registration process, to resubmit the application or request with non-conforming materials or provisions deleted, or to appear at a hearing for the purpose of obtaining additional information and testimony concerning the purposes, aims or proposed activities of the organization.
  6. Nature and Conditions of Registration
    1. Registration of a student organization for other than a temporary period will be on an annual basis only, effective until the beginning of the next fall term of the institution, and shall be subject to annual renewal by the institution for each ensuing year.
    2. Annual renewal of registration of an organization shall be dependent upon the organization's demonstration of compliance with the following:
      1. It must adhere to the purposes, aims and activities as stated in the approved constitution and bylaws;
      2. It must continue to meet all of the requirements for initial registration;
      3. It must have remained in compliance with all rules and regulations of the institution and all federal and state laws;
      4. It must submit all changes in the constitution and bylaws to the institution for approval;
      5. It must maintain a current list of officers, faculty advisers and sponsors on file with the institution; and
      6. It must have submitted all required financial and other reports to the institution.
  7.  Reports
    1. Each institution may require any or all organizations to submit an annual report concerning its programs and activities during the preceding year. If required, this report shall be reviewed by the designated bodies or officials of the institution, and shall be a requirement for renewal of registration.
    2. Each institution may require any or all organizations to submit an annual financial report reflecting all revenues received and disbursed by the organization, and/or an interim financial report or such a report concerning any fund-raising activity of the organization. If required, this report shall be a requirement for renewal of registration.
  8. Probation, Suspension, and Withdrawal of Registration
    1. An organization may be placed on probation, be suspended, or registration may be withdrawn by the designated authority of the institution for any of the following reasons:
      1. The organization fails to maintain compliance with the initial requirements for registration;
      2. The organization ceases to operate as an active organization;
      3. The organization request withdrawal of registration;
      4. The organization operates or engages in any activity in violation of rules and regulations of the institution, or federal or state laws; or
      5. The organization fails to submit any required reports.
    2. An organization which is placed on probation may continue to hold meetings but may not sponsor any activity or program.
    3. An organization which is placed under suspension may not engage in or sponsor any activity or program, and may not hold meetings.
    4. Where registration of an organization is withdrawn, it shall cease to exist as an organization.
    5. In the event an organization is placed on probation or suspended, or registration is withdrawn on the basis of section VIII.A.4., the organization shall be afforded the opportunity for a hearing before the appropriate institutional representative or committee.
  9. Officers of Student Organizations
    1. No student who is under academic or social suspension from the institution shall be eligible to become, or maintain the status of, an officer of an organization.
  10. Fiscal Procedures
    1. Each organization shall maintain a sound financial system related to the collection and disbursement of revenues in accordance with generally accepted accounting principles. An organization may be subject to audit by representatives of the institution at any time, and appropriate financial records shall be maintained for the purposes of audit.
    2. Each organization shall designate an officer of the organization who is responsible for the collection and disbursement of funds and the maintenance of books and records.
  11. Programs and Activities
    1. The use of any campus property or buildings by an organization shall be subject to the rules and regulations of the Board and the institution concerning use of property and facilities.
    2. All organizations registered pursuant to this policy shall be "affiliated organizations" for the purposes of any Board, or institutional policies concerning use of campus property and facilities. (Reference Policy No. 1:03:02:50)
    3. Except for routine meetings of the organization, no on-campus program or activity shall be engaged in unless approved by the designated bodies and/or officials of the institution, and each institution may require prior approval for off-campus programs and activities.
    4. Prior to approval, the institutionmay require a specified number of officials or security officers for any event, activity or program.
    5. Any fund-raising activity on campus shall be for the benefit of the organization as a whole or a charity, and no funds shall be distributed to the officers or members of an organization for personal profit or gain.
    6. No guest speakers shall be invited to the campus except pursuant to policies of the Board and the institution concerning guest or off-campus speakers. (Reference Policy No. 1:03:02:50)
Sources: 

SBR Meetings, September 29, 1978; December 7, 1979; September 30, 1983 March 23, 1984, September 21, 1990; Revised pursuant to T.C.A. § 49-7-150. 

Contact: 
Policy Number: 
S-030
Policy/Guideline Area: 
Student Guidelines
Applicable Divisions: 
TCATs, Community Colleges, Universities
Purpose: 

This guideline addresses the importance of advisors to student organizations, as provided in the Tennessee Board of Regents Policy No. 3:01:01:00. Developed by the Student Affairs Sub-Council, the guideline identifies minimal standards for an institution to further develop a comprehensive and well-rounded system of advising student organizations.

Policy/Guideline: 
  1. Guidelines for Advisors
    1. An advisor should have a working knowledge of the institution and TBR Policy No. 3:01:01:00 on student organizations. As part of the advisor's duties, he or she should have a clear understanding of the role of the student life division in coordinating the student organization's programming and activities.
    2. In carrying out the role of advisor, he or she should have an interest in the student organization for which he or she is an advisor. The advisor should also have an interest in the growth and development of the organization within the structure of the institution and within the international and national structure of the organization. The advisor's interest should be as a result of previous or current membership in the specified organization, or as a result of a professional relationship with or interest in the specified organization's subject matter or pursuit or through a desire to take part in the growth and development of a specified organization.
    3. An advisor should be committed to serving the needs of an organization and its members by but not limited to:
      1. Attending all formal functions staged or held by the organization;
      2. Developing a rapport with the membership of the organization, especially the officers;
      3. Keeping abreast of current developments in the particular areas served by the organization;
      4. Developing a working relationship with national, state, and/or regional officers of the organization; and
      5. Working with institutional officials to inform the organization of TBR and institutional policies, procedures, and decisions that affect the functioning of the organization.
    4. An advisor should acquire a working knowledge of TBR policies and guidelines as they relate to fund-raising, fund-accounting, and fund disbursement as outlined in TBR and institutional business policies and guidelines. The advisor should then assist with the financial duties associated with the organization by counseling and assisting officers, by reviewing financial statements and accounts, and by assisting with institutional procedures designed to safeguard funds.
    5. An advisor should have a reasonable knowledge of current applicable standards in the area of student organizations in higher education and liability issues. An advisor should consult with chief student service, institutional, and designated legal officials concerning applicable standards.
    6. An advisor should attempt to assist in the planning of all social and formal functions, whether on or off- campus; the advisor shall routinely appear at planned social function. Advisors should, in aiding the organization in planning events, maintain consistency with all institutional and TBR policies, and guidelines such as but not limited to Policy No. 1:03:02:50 on Access and Use of Campus Property and Facilities.
    7. An advisor should encourage the development of initiative and leadership within the specified organization, should assist the officials of the institution in identifying potential officers and leaders within the organization, and should serve as a resource person for the organization in leadership areas.
  2. Guidelines for Institutions
    1. An institution shall provide support and assistance to advisors of student organizations through the development and implementation of certain activities and programs related to a successful, system-wide approach. These actions are to include but not be limited to the following:
      1. An institution may offer rewards and incentives to advisors and offer formal recognition for diligence and excellence in the area of advising which may include but not be limited to such items as cash awards, public announcements, media coverage, evaluation reports, reduction in workload, etc.
      2. An institution should develop a well-rounded program designed to train and assist advisors; key components of the training program shall include:
        1. A handbook that details current responsibilities, duties, resources, funding guidelines, key staff members, a contact list of institutional officials in case of emergencies, etc.;
        2. One or more in-service programs designed to provide training and learning opportunities for advisors; and
        3. Periodic bulletins or correspondence designed to keep advisors up-to-date regarding new developments, policies, or procedures that affect the organization as set forth by the institution and the TBR. 
Sources: 

February 11, 1991, TBR Presidents Meeting.

Contact: 
Policy Number: 
S-020
Policy/Guideline Area: 
Student Guidelines
Applicable Divisions: 
TCATs, Community Colleges, Universities
Purpose: 

These guidelines are issued to aid TBR institutions and schools in implementing TBR Policy No. 3:02:03:00 Confidentiality of Student Records. Each institution and school shall develop policies and procedures consistent with these guidelines and TBR Policy No. 3:02:03:00.

Policy/Guideline: 
  1. Dissemination of Institutional Policies and Procedures
    1. The policies and procedures of each institution and school shall include a listing of the types and locations of educational records maintained by the institution and the titles of persons responsible for each.
    2. Each institution and school shall specify where copies of the institutional policies and procedures may be obtained and shall furnish copies to students upon request.
    3. Any charge for such copies may not exceed that charge normally made for similar types of copies.
  2. Confidential Records
    1. Except as is otherwise provided by this policy, all personally identifiable records (by name, identifier or characteristics) directly related to a student or former student shall be kept confidential unless the student signs a consent form as provided in part IV below.
    2. Such confidential records include, but are not limited to, grades, class enrollment and attendance, disciplinary records, admission records, student grievances, complaints or appeals.
    3. Disclosure of such records shall be permitted only under one of the exceptions described below.
      1. Directory Information
        1. Except as provided below, the institution may disclose directory information consistent with this policy to any person requesting such information without the consent of the student.
        2. Each institution must publish in its catalog and student handbook the information which shall be considered directory information, which shall be limited to the following:
          1. Name;
          2. Address;
          3. Telephone number;
          4. Date and place of birth;
          5. Major field of study;
          6. Participation in officially recognized activities and sports;
          7. Weight and height of members of athletic teams;
          8. Dates of attendance;
          9. Degrees and awards received;
          10. Most recent previous educational institution attended;
          11. Other information of the type above specifically approved by the institution or school as acceptable directory information.
        3. Institutional policy must provide the student the opportunity to refuse to allow disclosure of any designated directory information.
        4. The policy shall specify the procedures by which the student is to notify the institution of such refusal and the time within which the student must provide such notice.
        5. Each institution shall forward to the Office of General Counsel a list of information which shall be considered directory.
      2. Disclosure in Bona Fide Emergency
        1. Disclosure of student records is permitted if necessary to protect the student or other person against threat to the safety or health of either.
        2. Such disclosure may be made only in the case of an immediate bona fide emergency such that consent cannot be obtained.
        3. Such disclosure shall be limited to necessary information only and to those persons in a position to render assistance in the emergency situation.
      3. Disclosure within the Institution
        1. Only those school officials and/or persons employed by the institution who have a genuine need to know based on a legitimate educational interest may have access to a student's records.
        2. Each institution shall include in its policies and procedures a definition of "school officials" for purposes of the Buckley Amendment and shall specify categories of persons included in the definition, including any non-employees (volunteers) considered to be "school officials".
        3. Each institution shall also include a statement specifying that a legitimate educational interest shall be limited to an interest arising from the faculty/staff member's fulfillment of his/her assigned responsibilities, and disclosure shall be limited to such information as is necessary to fulfill those responsibilities.
      4. Disclosure with Consent
        1. The institution may disclose personally identifiable information with the signed written consent of the student.
        2. The consent form must be dated and must specifically identify the particular records to be disclosed, the purpose of the disclosure and the persons to whom such disclosure is to be made.
        3. A copy of the consent must be maintained with the student's record to which it pertains.
        4. Unless the consent form specifies that the information may be disclosed further, the statement attached to the disclosed information shall also include a warning against further disclosure by the recipient.
      5. Disclosure Pursuant to a Subpoena
        1. The institution must disclose confidential student records pursuant to a lawfully issued subpoena or judicial order.
        2. Upon receipt of such a subpoena or judicial order, the institution shall examine the subpoena or order to verify that it has been executed by an officer of the court or other authorized official. (The Office of General Counsel for the State Board of Regents may be contacted for assistance in verification.)
        3. Prior to disclosure, the institution must use reasonable efforts to notify the student of the receipt of the subpoena or order and of the institution's intent to comply.
        4. Oral notification should be followed by a written confirmation, a copy of which shall be maintained along with a copy of the subpoena and record of the disclosure with the student's record.
        5. The institution shall affix to the sealed envelope containing student records an affidavit from the custodian of records stating that each eligible student whose records are within the sealed envelope was notified of the subpoena prior to the compliance and the date on which such eligible student was notified, unless the subpoena was issued by a federal grand jury or for a law enforcement purpose and the court of other issuing agency ordered that the existence or the contents of the subpoena or the information furnished in response to the subpoena not be disclosed.
        6. The sealed envelope shall then be enclosed in an outer envelope, sealed, and directed to the appropriate entity.
      6. Disclosure to Parents of Dependent Students
        1. The institution may disclose personally identifiable student records to parents of a student only if the student is a dependent of the parent as defined in Section 152 of the Internal Revenue Code.
      7. Disclosure to Officials of Other Schools and School Systems
        1. The institution may disclose confidential student records to officials of other schools and/or school systems in which the student is currently enrolled or seeks or intends to enroll, provided such disclosure is consistent with the following conditions.
          1. The institution makes a reasonable attempt to notify the student, and/or parent if student consents, of the disclosure at the student's last known address. The institution does not have to attempt notice to the student under the exceptions below.
            1. The disclosure is initiated by the student at the sending institution.
            2. The institution includes a notice in its policies and procedures that it forwards education records on request to a school in which a student seeks or intends to enroll.
          2. The institution provides the student a copy of the records transferred upon request by the student.
          3. The institution provides the student an opportunity for a hearing, as provided in IV.B, upon request by the student.
      8. Other Exceptions
        1. Federal regulations (See 34 C.F.R., Sections 99.1-99.67) provide for disclosure upon certain other limited circumstances. These exceptions are narrow in scope and are strictly construed.
        2. Disclosure pursuant to these exceptions should not be made unless specifically approved by an appropriate institution official.
        3. The Office of General Counsel for the State Board of Regents is available for assistance in ascertaining the applicability of the exceptions.
  3. Record of Requests and Disclosures
    1. Institutional policies and procedures shall specify that copies of requests for disclosures and a record of the information disclosed must be retained with the student records for all disclosures made except those for directory information and disclosures to other school officials.
    2. The record of disclosures may be inspected by the student, the officials responsible for the records and by persons responsible for auditing the records.
  4. Student Access to Records and Right to Amend
    1. Except as provided in Part C below, a student has the right to inspect, review and obtain a copy of his/her educational records.
    2. Each institution shall include in its institutional policies and procedures developed pursuant to this policy the procedure by which a student may request to inspect, review and/or obtain a copy of his/her records.
      1. The procedures shall require compliance with the student's request within a reasonable time which shall not exceed 45 days.
      2. The institution may charge the student a fee for copies which shall not exceed the institution's normal fee for such copies.
      3. The procedure must specify any circumstances under which a student will be denied such copies.
      4. The institution shall also, upon a student's request, provide a student with an explanation/interpretation of his/her record.
    3. Exceptions to Student Access
      1. A student's right to access to his/her records is subject to the following exceptions:
        1. For records pertaining to more than one student, a student may only view the portion of the record pertaining to himself/herself and may not view the portion pertaining to the other students.
        2. A student may not have access to financial records and statements of his/her parents or any information contained therein.
        3. Students may not have access to confidential letters and confidential statements of recommendation which were placed in the student's records prior to January 1, 1975; Provided that
          1. The letters and statements were solicited with a written assurance of confidentiality or were sent and retained with a documented understanding of confidentiality; and
          2. The letters and statements are used only for the purposes for which they were specifically intended.
        4. Students may not have access to confidential letters of recommendation and confidential statements of recommendation which were placed in the education records of the student after January 1, 1975 which are either
          1. Respecting admission to an educational institution;
          2. Respecting an application for employment; or
          3. Respecting the receipt of an honor or honorary recognition;
          4. Provided that, the student has waived his or her right to inspect and review the letters/statements in a signed written waiver.
            1. A separate waiver must be provided for each category of letters/statements.
            2. The waiver may be revoked at any time; however, the revocation will not affect the student's rights as to letters previously provided under the waiver.
            3. The institution may not require such a waiver of students as a condition or prerequisite to eligibility for a program or service.
            4. The letters or statements provided under the waiver may be used only for the purpose designated on the waiver, and the student must be notified of the receipt by the institution of all letters/statements provided under the waiver.
    4. Student's Right to Request Amendment
      1. A student may request to amend his/her record if he/she feels it is inaccurate, misleading or in violation of his/her rights.
      2. Institutional policies and procedures shall specify how such requests are to be made.
      3. The institution must consider the request and convey its decision to comply or deny within a reasonable time of the request.
      4. If the request is denied, the institution shall inform the student of his/her right to a hearing.
      5. The institution policies and procedures shall specify the procedure for the hearing which shall include, at a minimum, the following:
        1. The hearing must be held within a reasonable time of the request.
        2. The notice of the hearing must include the date, place and time of the hearing and shall be sent to the student reasonably in advance of the hearing date.
        3. The hearing date must be conducted by an institution official not having a direct interest in the outcome.
        4. The student may present evidence.
        5. The student may have the assistance or representation of individuals of his/her choice, including an attorney.
      6. The institution must make its decision within a reasonable time.
        1. The decision must be based solely upon the evidence presented at the hearing and shall include a summary of the evidence and reasons for the decision.
        2. The institution shall inform the student of its decision and, if the request is denied, of the student's right to place a statement in the file commenting on the information in the file and setting forth any reasons for disagreeing with the decision.
        3. The statement must be maintained with the record and a copy provided to anyone to whom the record is provided.
      7. The above procedures shall not be used by the student to contest the underlying action taken by the institution which has been recorded in the student's record but shall be limited to the issues of whether the record is inaccurate or misleading in recording the underlying action or whether the institution's placement of the information in the student's record is in violation of the student's rights.
  5. Right to File a Complaint
    1. Institutional policies and procedures shall include a statement specifying to whom at the institution violations of the Buckley Amendment may be reported.
    2. A statement shall also be included that complaints of violations by the institution may be filed with the Office of the Secretary, United States Department of Education. 
Sources: 

Presidents Meeting, August 18, 1987; Presidents' Meeting February 10, 2004.

Contact: 

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