This policy covers the establishment of and participation in student scholarship and financial aid programs by TBR community colleges. (TCATs are covered by separate policy.)
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.
In participating in educational assistance programs, institutions shall comply with all applicable laws, including anti-discrimination laws. Institutions may participate in any educational assistance programs provided by the federal government or the State of Tennessee.
State appropriations shall be expended or applied only to Access and Diversity grants.
Each institution is authorized to employ students under local work programs.
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.
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.
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.
Funding Sources for Scholarships and Grant Programs
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.
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.
Access and Diversity Grants shall be funded by state funds and may be supplemented by other campus revenue sources.
Scholarship and Grant Programs Requiring Service to the Institution
Athletic Grants
Each institution is authorized to award grants for students involved in athletics.
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.
The requirement of service to the institution is satisfied by student performance of athletic endeavors.
Performance Grants
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.
The service requirement is fulfilled by the performance of the activity by the student.
Other Institutional Grants
Institutional Grants may be provided for assisting handicapped, physically disadvantaged, and economically disadvantaged students.
Academic Service Scholarships
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 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.
Awards to transfer and other than first-time freshman students will require a minimum cumulative college GPA of 2.5 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.
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.
Students must complete a minimum amount of twelve credits, if full time and six credits, if part time.
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 a 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 designee.
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.
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.
Students must complete a minimum amount of twelve credits, if full time and six credits, if part time.
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.
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.
Grants Which Do Not Require Service to the Institution
Access and Diversity grants may be provided to students in accordance with the terms of such grants.
Students receiving Access and Diversity grants are not required to provide service to the institution.
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.
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.
Exceptions
The President or 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:
Authority
T.C.A. § 49-8-203
History
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; September 7, 2023 (ministerial changes).
Policy Number:
3.03.00.00
Policy/Guideline Area:
Student Policies
Applicable Divisions:
TCATs, Community Colleges
Purpose:
The purpose of this policy is the establishment of policy and procedures governing campus life at Tennessee Board of Regents institutions.
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:
Student Organizations
Off-Campus (visiting) Speakers
Student conduct, and disciplinary sanctions
Use of Campus Property and Facilities
Residency Classification of Students
Use of Alcoholic Beverages
Each institution may develop policies and procedures concerning campus life not inconsistent with the policies listed above. Policies and procedures concerning student life, and any revisions thereto, shall be submitted to the Board for approval prior to implementation.
Further, in order to allow compliance with the rulemaking provisions of the 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:
Authority
T.C.A. § 49-8-203; UAPA
History
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)
Policy Number:
3.02.04.00
Policy/Guideline Area:
Student Policies
Applicable Divisions:
TCATs, Community Colleges
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.
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.
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.
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.
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.
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.
The professor in the classroom and in conference should encourage free discussion, inquiry, and expression.
Student performance should be evaluated solely on an academic basis, not on opinions or conduct in matters unrelated to academic standards.
Protection of Freedom of Expression
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.
Protection Against Improper Academic Evaluation
Students should have protection through orderly procedures against prejudiced or capricious academic evaluation.
At the same time, they are responsible for maintaining standards of academic performance established for each course in which they are enrolled.
Protection Against Improper Disclosure
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:
Authority
T.C.A. § 49-8-203; AAUP
History
TBR Board Meeting December 2, 2005
Policy Number:
3.02.03.00
Policy/Guideline Area:
Student Policies
Applicable Divisions:
TCATs, Community Colleges, 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.
The following policy of the State Board of Regents concerning access to educational records shall apply to all institutions governed by the Board.
It is the policy of the State Board of Regents and its institutions to comply with the Family Educational Rights and Privacy Act (FERPA) and, in so doing, to protect the confidentiality of personally identifiable educational records of students and former students.
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.
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.
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:
Authority
T.C.A. § 49-8-203; Family Educational Rights and Privacy Act (FERPA).
History
TBR Meeting September 18, 1987
Policy Number:
3.02.01.00
Policy/Guideline Area:
Student Policies
Applicable Divisions:
TCATs, Community Colleges
Purpose:
The purpose of this policy is to establish student due process procedures for Tennessee Board of Regents institutions.
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.
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:
The student shall be advised of the time and place of the hearing.
The student shall be advised of the breach of regulations of which or she he is charged.
The student shall be advised of the following rights:
The right to present their case.
The right to be accompanied by an advisor.
The right to call witnesses on their behalf.
The right to confront witnesses against them.
The student shall be advised of the method of appeal.
The Tennessee Board of Regents authorizes the institutions under its jurisdiction to take such action consistent with this policy 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, enrolled, and/or registered for study (including for non-credit classes) at a 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, following 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; who engaged in academic misconduct as part of the application process; and/or
who previously attended a TBR institution and who was found to have violated the institution’s student conduct and disciplinary standards policy during the time of enrollment.
“Student” shall also include any person subject to a period of suspension or removal from campus resulting from a finding of a violation of this policy;
Unless explicitly provided otherwise in these rules, the term “student” shall also refer to a student organization.
Definitions of “Disciplinary Offenses” and “Disciplinary Sanctions” are included in their respective sections, II. and V.
Students enrolled in a TBR 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.
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 under its jurisdiction to take such action as may be necessary to maintain conditions on institution-owned and controlled property and to preserve the integrity of the institution and its educational environment.
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 Board has developed the following policy, which is intended to govern student conduct at the institutions under its jurisdiction.
Each institution under the jurisdiction of the TBR is directed to implement policies subject to, and consistent with, this policy.
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, an institution may enforce its own policies regardless of the status or outcome of any external proceedings instituted by other civil or criminal authorities.
Students are responsible for compliance with this policy and with institutional policies and regulations.
Disciplinary action may be taken against a student for violation of policies and regulations that 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. In the case of violations that occur off institutionally owned, leased, or controlled property, the institution will take into account whether the violation impairs, interferes with, or obstructs any institutional activity, or the mission, processes, and function of the institution, including, but not limited to, conduct that:
occurs in connection with any institutional activity, including but not limited to, international, distance, online, or remote learning programs, athletics events and other extracurricular activities, clinical, internship, practicum, and similar activities;
occurs while using institutional resources, such as computers and network systems;
involves or affects another member of the TBR community (a student, faculty, staff member, or guest of a TBR institution); or
poses a credible, serious threat to the health and safety of the TBR community.
This policy, and related material incorporated herein by reference, is applicable to student organizations as well as individual students. Whether a student organization will be held responsible for a violation of these rules by one or more of its members will be based on the following considerations:
the violation is endorsed by the student organization or any of its officers. “Endorsed by” includes, but is not limited to, active or passive consent or support, having prior knowledge that the conduct was likely to occur, or helping to plan, advertise, or promote the conduct;
the violation took place during the course of an activity paid for by the student organization or by members of the student organization to support the activity in question;
the prohibited conduct occurred on property owned, controlled, rented, leased, or used by the student organization or any of its members for an organizational event;
the prohibited conduct was related to initiation, admission into, affiliation with, or as a condition for continued membership in the student organization; and
one or more officers of the student organization had prior knowledge or reasonably should have known the prohibited conduct would likely take place.
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, the Tennessee Public Records Act, T.C.A. § 10-7-504, and/or other state and federal law, a student’s disciplinary records and files are considered “education records” and are confidential in accordance with those statutes.
Matters involving sexual harassment, sexual assault, stalking, domestic violence, and dating violence occurring within an education program or activity, if within the scope of TBR Policy 6.03.00.00, Sexual Misconduct, which implements 34 C.F.R. Part 106 related to Title IX of the Education Amendments of 1972, shall proceed in accordance with TBR Policy 6.03.00.00, Sexual Misconduct, and not this policy.
Disciplinary measures shall be imposed according to this policy and the institution’s restatement of this policy and applicable procedures and processes.
Institutions shall use the “preponderance of the evidence” standard. A preponderance of the evidence means the greater weight of the evidence or that, according to the evidence, the conclusion sought by the party with the burden of proof is the more probable conclusion.
These rules shall not be used to violate rights guaranteed under the constitution of the State of Tennessee or the constitution of the United States.
Institutions shall adopt and publish notice of offenses for which both individuals and student organizations may be subject to disciplinary action.
Both students and student organizations may be subject to disciplinary action for the following disciplinary offenses identified in this policy:
Threatening Conduct. Any conduct, threatened conduct, or attempted conduct that, poses a threat to a person’s safety, health, or personal well-being including, but not limited to, endangering the health, safety, or welfare of any person; engaging in conduct that causes a reasonable person to fear harm to his or her health, safety or welfare; or making an oral or written statement that an objectively reasonable person hearing or reading the statement would interpret as a serious expression of an intent to commit an act of unlawful violence to a particular individual or group of individuals;
Disruptive Conduct. Any conduct, threatened conduct, or attempted conduct that is disruptive to the institution’s learning environment, including, but not limited to, engaging in any action that interferes with the ability of the instructor to teach or other students to learn. Disruptive conduct in the class setting (which includes but is not limited to remote education and off-site locations) includes, but is not limited to, behavior that obstructs or disrupts the learning environment (e.g., offensive language, harassment of students or instructors, repeated outbursts from a student that disrupt the flow of instruction or prevent concentration, failure to cooperate in maintaining class decorum, etc.), text messaging, and the continued use of any electronic or other noise or light emitting device which disturbs others;
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;
Disorderly Conduct. Any individual or group behavior which is abusive, obscene, lewd, indecent (including, without limitation, public exposure of one’s sex organs, public urinating, and public sexual acts), violent, excessively noisy, disorderly, or which unreasonably disturbs institutional functions, operations, classrooms, other groups or individuals;
Obstruction of or Interference with institutional activities or facilities. Any intentional interference with or obstruction of any institutional, program, event, or facility including but not limited to the following:
Any unauthorized occupancy of facilities owned or controlled by an institution or blockage of access to or from such facilities;
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;
Any obstruction or delay of a 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 their duty;
Participation in a demonstration that substantially impedes institutional operations; or
Obstruction of the free flow of pedestrian or vehicular traffic on property owned, leased or controlled by an institution or at an institutional activity.
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 the institution or a member of the TBR community including, but not limited to, any personal property, fire alarms, fire equipment, elevators, telephones, institution keys, library materials and/or safety devices;
Theft, Misappropriation, or Unauthorized Sale of Property;
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;
Weapons. Possessing, carrying, using, storing, or manufacturing any weapon on institution controlled property or in connection with an institution affiliated activity, unless federal or state law provides a student with an affirmative right to possess or carry a weapon on institution controlled property or in connection with an institution-affiliated activity. (Refer to Guidance on Firearms on Campus, Exhibit #1);
Explosives, Fireworks, Flammable, and Hazardous Materials. The unauthorized possession, ignition or detonation of any object or article that represents a potential danger to the TBR community, including, but not limited to, explosives, fireworks, flammable materials, ammunition, hazardous liquids, chemicals, or hazardous materials;
Alcoholic Beverages and Alcohol-Related Conduct. The use, possession, and/or sale of alcoholic beverages on institution owned or controlled property or in connection with any institutional activity unless expressly permitted by the institution;
Drugs. The unlawful possession, use, sale, or manufacture of any drug or controlled substance (including, but not limited to, any stimulant, depressant, narcotic or hallucinogenic drug, or marijuana). This offense includes using or possessing a prescription drug if the prescription was not issued to the student, as well as the violation of any local ordinance, state, or federal law concerning the unlawful possession or use of drugs;
Drug Paraphernalia. The use, possession, distribution, sale, or manufacture 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;
Public Intoxication. Appearing on institution owned or controlled property or at an institutional sponsored event while under the influence of alcohol, a controlled substance, or of any other intoxicating substance;
Gambling. Unlawful gambling in any form;
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;
Unacceptable Conduct Related to Disciplinary Proceedings. Any conduct at any stage of an institutional disciplinary proceeding or investigation that is contemptuous, threatening, retaliatory, or disorderly, including false complaints, false testimony or other falsification of evidence, and attempts to influence the impartiality of a member of an adjudicatory body, verbal or physical harassment or intimidation of an institutional official, hearing panel member, complainant, respondent or witness;
Failure to Cooperate with Institutional Officials. Failure to comply with reasonable directions of institutional officials acting in the performance of their duties. This includes, but is not limited to, failing to respond to a request to report to an institutional administrative office, failing to cooperate in an institutional investigation, and/or failing to appear at an institutional hearing, including, without limitation, a disciplinary hearing;
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 without having made an immediate report to the institution prior to the commission of the planned offense 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;
Violations of State or Federal Laws. Any conviction of violation of state or federal laws, rules, or regulations prohibiting conduct or establishing offenses;
Violation of Imposed Disciplinary Sanctions. Intentional or unintentional violation of a disciplinary sanction imposed through an institutional disciplinary proceeding;
Sexual Misconduct. Committing any act of sexual assault, rape, sexual battery, domestic violence, or dating violence as defined by state or federal law;
Harassment, Stalking, or Retaliation. Any conduct that falls within T.C.A. § 39-17-308 (Harassment) or T.C.A. § 39-17-315 (Stalking) or “student-on-student harassment,” which means unwelcome conduct directed toward a person that is discriminatory on a basis prohibited by federal, state, or local law, and that is so severe, pervasive, and objectively offensive that it effectively bars the victim’s access to educational opportunity or benefit. Engaging in “retaliation,” which is an act or omission committed by a student because of another person’s participation in a protected activity that would discourage a reasonable person from engaging in protected activity. Retaliation violates these standards regardless of whether the underlying allegation of a violation of policy is ultimately found to have merit. Retaliation can include, without limitation: an act or omission committed against a person’s family, friends, advisors, and or other persons reasonably expected to provide information in connection with an institutional investigation or hearing, and an act or omission committed by a student through a third party;
Discrimination. Any conduct prohibited by any federal or state law, rule, or regulation related to discrimination, harassment, or retaliation;
Academic Misconduct. Any action or attempted action designed to provide an unfair academic advantage or disadvantage for oneself or others. Academic misconduct includes a wide variety of behaviors such as plagiarism, cheating, fabrication, and other academic dishonesty. For purposes of this policy the following definitions apply:
Plagiarism. The adoption or reproduction of ideas, words, statements, images, or works of another person as one’s own without proper attribution. Examples include but are not limited to copying of passages from works of others into one’s own work without acknowledgment; summarizing or paraphrasing ideas from another source without proper attribution, unless such information is recognized as common knowledge; and using facts, statistics graphs, representations, or phrases without proper attribution;
Cheating. Using or attempting to use unauthorized materials, information, or aids in any academic exercise or test/examination. Examples include but are not limited to copying another’s work; obtaining or giving unauthorized assistance; unauthorized collaboration or collusion with another person; having another person take a test for a student; and the use of unauthorized materials or devices. The term academic exercise includes all forms of work submitted for credit or hours;
Fabrication. Falsifying, fabricating, or misrepresenting data, research results, citations or other information in connection with an academic assignment. Unauthorized falsification or invention of any information or citation in an academic exercise.
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;
Litter. Dispersing litter in any form onto the grounds or facilities of the campus;
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/or (3) taken as a whole, lacks serious literary, artistic, political or scientific value;
Abuse of Computer Resources and Facilities. Misusing and/or abusing campus computer resources including, but not limited to the following:
Use of another person’s identification to gain access to institutional computer resources;
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;
Unauthorized access to a computer or network file, including but not limited to, altering, using, reading, copying, or deleting the file;
Unauthorized transfer of a computer or network file;
Use of computing resources and facilities to send abusive or obscene correspondence;
Use of computing resources and facilities in a manner that interferes with normal operation of the institutional computing system;
Use of computing resources and facilities to interfere with the work of another student, faculty member, or institutional official; and
Unauthorized peer-to-peer file sharing;
Unauthorized Access to Institutional Facilities and/or Grounds. Any unauthorized access and/or occupancy of institutional facilities and/or 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;
Providing False Information. Giving any false information to, or withholding necessary information from, any institutional official acting in the performance of his or her duties in connection with a student’s admission, enrollment, or status in the institution;
Observation Without Consent. Observation Without Consent, which is prohibited by T.C.A. § 39-13-607 (a criminal statute) for purposes of this policy, means knowingly spying upon, observing, or otherwise viewing an individual, regardless of whether a photo, video, or recording is made, when the individual is in a place where there is reasonable expectation of privacy, without the prior effective consent of the individual, if the viewing would offend or embarrass an ordinary person if the person knew the person was being viewed. This includes, but is not limited to, taking video or photographic images in shower/locker rooms, living quarters, restrooms, and storing, sharing, and/or distributing of such unauthorized images by any means;
Smoking Violations. Smoking or tobacco use in any institution building or facility, in any state-owned vehicle, or on any institution grounds or property, unless in a designated smoking or tobacco use area. For the purposes of these rules, “tobacco use” includes, but is not limited to, the personal use of any tobacco product, whether intended to be lit or not, which includes smoking tobacco or other substances that are lit and smoked, as well as the use of an electronic cigarette or any other device intended to simulate smoking, and the use of smokeless tobacco, including snuff; chewing tobacco; smokeless pouches; any form of loose-leaf, smokeless tobacco; and the use of unlit cigarettes, cigars, and pipe tobacco;
Maintenance of Ethical and Professional Standards. Failure to maintain the high ethical and professional standards of the various disciplines of the health professions may subject a student to suspension from a program, dismissal from a program, or other appropriate remedial action.
A student enrolled in a program leading to a degree or certificate in a health profession is subject to disciplinary action up to and including suspension and dismissal from a program for engaging in the following acts of misconduct, regardless of location:
Commission of an offense classified as a felony by Tennessee or federal criminal statutes;
Unlawful use, possession, or sale of drugs or narcotics, whether or not felonious
Other unprofessional or unethical conduct that would bring disrepute and disgrace upon both the student adn profesion and that would tend to subtantially reduce or eliminate the student's ability to effectively practice the profession in which discipline he or she is enrolled; or
Conduct that is in violation of either a relevant Tennessee statute establishing professional standards or a rule or regulation of a Tennessee regulatory board or other body resonsible for the establishment and enforcement of professional standards.
A person applying for admision to a health profession program may be denied admission to the program on the bais of his or her violation of the aforementioned ethical and professional standards;
Traffic and Parking Fines. Receiving $100.00 or more in traffic and/or parking violations on institution property or institution-controlled property during any semester.
Indecent Exposure. Indecent Exposure, which is prohibited by T.C.A. § 39-13-511 (a criminal statute), for purposes of this policy means in a public place intentionally exposing one’s genitals or buttocks to another or engaging in sexual contact or sexual penetration where the person reasonably expects that the acts will be viewed by another, and the acts will offend an ordinary viewer or are for the purpose of sexual arousal and/or gratification.
Disciplinary Holds.
An institution may place a hold on a student record when the student has
Withdrawn from the institution while a disciplinary meeting and/or proceeding is pending;
Not responded to an institutional official’s request for a meeting or hearing; or
Been suspended or expelled.
A disciplinary hold may remain on a student’s record until final resolution of a disciplinary meeting and/or disciplinary hearing.
An institution will not confer a degree or credential when a student record has been placed on hold, or when a student has a pending disciplinary meeting and/or disciplinary proceeding.
Except for cases involving Academic Misconduct, an institution will not revoke a degree or credential based on conduct occurring while a person was a student, but not discovered until after the awarding of a degree or credential.
The instructor has the primary responsibility for maintenance of academic integrity and controlling class (which for this policy includes any remote class and/or offsite class such as a clinic site or other non-traditional class environment) behavior and responding to disruptive conduct.
The instructor may order the temporary removal or exclusion from the class of any student engaged in disruptive conduct or other conduct that violates this policy 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.
Academic Misconduct
Academic misconduct is 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 in accordance with this policy, the instructor has the authority to take academic discipline consistent with institutional policy, procedures, and processes.
An instructor who determines that a student has engaged in academic misconduct may choose to exercise academic discipline by lowering to any extent, including to a grade of “F” or “zero,” a student’s grade in the course, assignment, or examination affected by the alleged academic misconduct.
An instructor who initiates academic discipline shall inform the appropriate Chair and Dean (or other individual(s) identified by the institution) in writing of the finding of academic misconduct, the basis therefor, the academic discipline imposed, and the appeals process within five (5) days of the imposition of academic discipline.
A student may not withdraw from a course pending final resolution of an allegation of academic misconduct. Students are permitted and encouraged to continue attending class until the academic disciplinary decision, including all appeals, is final.
A student charged with academic misconduct has the option of either accepting the academic discipline imposed by the instructor or initiating the appeals process to challenge the allegation of academic misconduct or the severity of the academic discipline. If the student does not respond in writing within five (5) days by either accepting or appealing the academic discipline to the institutional academic misconduct appeals committee, the student waives the right to contest the academic discipline, at which time it becomes final.
An institutional academic misconduct appeals committee shall consist of at least three (3) individuals and include at least one (1) student. The chief academic officer or other administrator identified by the institution will assemble the committee and coordinate the hearing but will not participate on the committee. Any individual who has an interest in the incident, a conflict of interest, or a bias is not permitted to serve on the committee. An institution may maintain standing pools from which individuals may appointed and/or appoint ad hoc academic misconduct appeals committees. At a technical college the president has the authority to appoint a single administrator to perform the functions of the academic misconduct appeals committee and to effectuate the processes identified in this policy.
The academic misconduct appeals committee will set a hearing date that is within fifteen (15) business days of receipt of date of the student’s appeal. The student must receive at least seven (7) calendar days’ notice of the date, time, and location of the hearing. A student will be notified of the due process protections provided for in this policy.
The academic misconduct appeals committee will conduct the appeal hearing, consider the evidence presented, and make a decision based on a simple majority vote using a preponderance of the evidence standard. The committee can either uphold, overturn, or lessen the academic discipline. The results of the committee’s decision will be conveyed to the student in writing, through the chief academic officer or other individual identified by the institution, within ten (10) business days of the hearing.
If the academic misconduct appeals committee upholds or lessens the academic discipline, the student may appeal in writing to the president within five (5) business days following receipt of the decision of the committee. The president will make a decision within ten (10) business days. The president’s decision is final.
The institution’s chief academic officer, president, or other administrator identified by the institution has the ability to extend any deadline in this section for good cause and upon written notice to the student.
In addition to academic discipline, a student who is found responsible for academic misconduct, either one or more times, may be subject to disciplinary sanctions in accordance with this policy.
The institution shall maintain permanently all submissions by the student and all decisions of institutional officials and committees relating to academic misconduct.
Institutions shall publish this policy, provide notice of potential disciplinary sanctions applicable to both students and student organizations. Disciplinary sanctions may be imposed only after a violation of this policy has been established. Disciplinary sanctions may be imposed, either singly or in combination, by the appropriate institution or school officials.
Types of Sanctions.
Restitution. Restitution may be required in situations which involve theft, 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 institutional authority to compensate a party or parties for a loss suffered as a result of disciplinary violation(s). This action may take the form of appropriate service, monetary compensation, or material replacement. Any monetary payment in restitution shall be limited to actual cost of repair, replacement or financial loss;
Warning. The appropriate institutional official may notify orally or in writing the student or student organization that continuation or repetition of specified conduct may be cause for other disciplinary action;
Reprimand. A written or verbal reprimand or censure may be given to any student or student organization whose conduct violates any part of this policy and provides notice that that any further violation(s) may result in more serious penalties;
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 ( including but not limited to service for maintenance staff for defacing institutional property);
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;
Restriction. A restriction upon a student’s or student organization’s privileges for a period of time may be imposed. This restriction may include, but is not limited to 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;
Probation. Continued enrollment of a student or recognition of a student organization on probation may be conditioned upon adherence to this policy. Any student or organization placed on probation will be notified in writing of the terms and length of the probation. Probation may include but not be limited to restrictions upon extracurricular activities, or any other appropriate special condition(s). Any conduct in further violation of this policy 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;
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;
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 by the institution. A student or organization that has been expelled may not enter institution property or facilities or institution-controlled property or facilities without obtaining prior approval from an appropriate campus official with knowledge of the expulsion directive;
Revocation and Withholding of Admission, Degree, or Credential; and
Interim Involuntary Withdrawal or Suspension. As a general rule, the status of a student or student organization accused of violation of TBR rules, this policy, or an institutional policy should not be altered until a final determination has been made in regard to the charges. However, interim or involuntary withdrawal or suspension, pending the completion of disciplinary procedures, may be imposed upon a finding 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 or 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 in accordance with this policy;
The president is authorized, either personally or through a designee, to negotiate a mutually acceptable resolution to any disciplinary proceeding or to rescind or convert any sanction imposed to a lesser sanction.
Institutions shall provide students with a system of constitutionally and legally sound procedures that provide the protection of due process of law in accordance with TBR Systemwide Student Rules, this policy, and applicable state and federal law. All policies adopted related to student conduct 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.
At community colleges, the Vice President of Student Affairs or other administrator designated by the institution is responsible for matters within the scope of this policy, except that the Chief Academic Officer is responsible for matters related to academic misconduct. In situations where the conduct could fall within both areas of responsibility, the two offices will confer and decide which procedures will apply and advise the student or student organization in writing of the decision. At colleges of applied technology, the president or designee has responsibility.
Complaints related to discrimination, harassment, and retaliation that are not subject to another rule will be investigated and resolved in accordance with this policy and the institution’s restatement of this policy, procedures, and processes.
In determining whether the evidence establishes a violation of institutional policy, the institution shall use the preponderance of the evidence standard for contested cases, as explained in TBR Policy 1.06.00.05, Uniform Procedures for Cases Subject to the Uniform Administrative Procedures Act and Department of State Rule 1360-04-01. At all times the burden of obtaining evidence and establishing a violation shall be on the institution.
In the event of bias or conflict of interest by an institutional official, the institution may appoint a substitute, who may or may not be employed by the institution.
The investigator shall conduct an appropriate investigation, which may include interviews of the parties and witnesses, as well as review of documents and other information. The purpose of the investigation is to determine whether the evidence establishes a violation of institutional policy and procedures. The parties are encouraged, but not required, to provide information that they want the investigator to consider.
The investigator shall provide written notice of receipt of a written complaint or the decision to initiate an investigation.
The investigator shall notify students that the institution will comply with FERPA and only disclose information in accordance with FERPA and other applicable law.
The investigator shall prepare a report summarizing the investigation. The report shall include, but not be limited to, the dates of the alleged occurrences, the response of the respondent, the findings of the investigator, and recommendations regarding disposition of the complaint.
The report shall be submitted to the institution’s president within sixty (60) calendar days following receipt of the complaint, absent cause for extending the investigation timeline. In situations where more time is needed to complete the investigation, written notice shall be provided to the parties explaining the reasons.
The president shall review the investigator’s report and shall make a written determination as to whether this policy, and institutional policy, processes, and procedures have been violated and the appropriate disciplinary sanction, if any. The president’s determination and the investigator’s report shall be provided to the parties, unless prohibited by law.
Either party may send a written request to reconsider to the president within ten (10) working days, absent good cause, of receipt of the president’s determination.
The request to reconsider process shall consist of an opportunity for the parties to provide information to the president’s attention that would change the determination and/or disciplinary sanction. A party must explain why the factual information was incomplete, the analysis of the facts was incorrect, the determination was affected by bias or a conflict of interest, procedural irregularity, and/or the appropriate standard was not applied, and how this would affect the determination. Failure to do so may result in denial of the request to reconsider.
The parties will not be allowed to present their request to reconsider in person unless the president determines, in his or her sole discretion, to allow an in-person appearance.
The president shall issue a written response to the request to reconsider as promptly as possible. The decision will constitute the institution’s final decision.
The institution shall provide written notice of the ability to contest the determination and/or disciplinary sanctions, including where applicable, the ability to request a contested case hearing pursuant to the UAPA, to the parties at the time the parties are advised of the determination and upon the resolution of any request to reconsider or appeal.
Students and student organizations subject to any disciplinary sanction are entitled to a due process hearing in accordance with this policy and standards established by the constitutions of the State of Tennessee and the United States unless that right is waived after receiving written notice of the available procedures.
All proceedings under this policy will be held in closed session and not open to the public. Formal rules of evidence shall not be applicable. The administrator or committee chair may exclude evidence which in their judgment is immaterial, irrelevant, or unduly repetitious.
Written notice to a student or student organization is accomplished either by handing a copy to the student; sending documents via to email to the student’s or student organization’s institutional email account; email account of record on file with the institution; or by sending a copy via certified mail, registered mail, return receipt requested mail, or a nationally recognized delivery service that tracks delivery to the student’s residence of record or the student organization’s address of record.
Initiation of Charges
An institution may initiate the disciplinary process on the basis of written allegations received from any source, including any member of the college community. Complaints should be directed to the Vice President of Student Affairs or other administrator identified by the institution, except that complaints relating to discrimination, harassment, and retaliation should be referred to the administrator identified by the institution so that such complaints can be handled in accordance with institutional policy and procedures. The institution may also initiate disciplinary procedures without written allegations if it becomes aware of potential violations of these rules through other means.
When the allegations, if proven, may warrant the imposition of a disciplinary sanction, the institution shall inform the student of the allegations and proceed to gather information concerning the matter, including, but not limited to, interviewing relevant witnesses and reviewing relevant documents and evidence. Students who may be the subject of disciplinary sanctions will be provided the minimum due process protections identified in this policy.
After reviewing the evidence, the administrator with responsibility for the matter shall decide whether sufficient evidence exists to charge the student, and if so, the appropriate disciplinary sanction(s). Notice of the charges and disciplinary sanction(s), if any, shall be provided in writing to the student. If there is insufficient evidence to continue the disciplinary process, the matter will be closed, and written notice will be provided to the student.
Minimum Due Process Protections. Institutions shall provide the following minimum procedural due process protection components in disciplinary matters:
The student shall be advised, in writing, of the breach of the policy provision(s) of which he or she is charged;
The student shall be advised of the time, date, and place of the hearing allowing reasonable time for preparation; and
The student shall be advised of the following rights applicable at the hearing:
The right to present his or her case;
The right to be accompanied by an advisor of his or her choice. The advisor’s participation shall be limited to advising the student, and not include advocating on behalf of the student, speaking on behalf of the student, or otherwise actively representing the student. An advisor is not permitted to interfere with the hearing;
The right to call witnesses on his or her behalf;
The right to confront witnesses against him or her; and
The method and time limitations for appeal, if any is applicable.
Options for Students. Four potential processes exist for adjudication of disciplinary matters. The student will be informed in writing of each available option and the due process rights associated with each option. A student will have five (5) business days following written notification to select an option. If a student fails to return the election of a procedure in a timely manner, the student will be deemed to have waived the right to contest the disciplinary sanction. Selection of one option constitutes waiver of all other options.
Contested Case Hearing: All cases which may result in either: suspension or expulsion of a student from the institution for disciplinary reasons, or revocation of registration of a student organization, are subject to the contested case provisions of the Uniform Administrative Procedures Act , T.C.A. § 4-5-301 et seq., and TBR Policy 1.06.00.05, Uniform Procedures for Cases Subject to the Uniform Administrative Procedures Act, unless the student or student organization, after receiving written notice, waives those procedures.
A student at a community college may elect an institutional panel hearing. A student at a college of applied technology may elect a formal hearing in front of a single administrator appointed by the president.
Institutional Panel Hearing (Community Colleges)
An institutional panel hearing committee at a community college shall consist of at least three (3) individuals and include at least one (1) student. The dean of students or other administrator identified by the institution will assemble the committee and coordinate the hearing but will not vote as to the committee’s decision. An individual who has an interest in the incident, a conflict of interest, or a bias is not permitted to serve on the committee. The institution may appoint individuals from standing pools and/or appoint ad hoc committees.
The committee will set a hearing date that is within fifteen (15) business days of receipt of the student’s request for a panel hearing. The student must be notified of the date, time, and location of the hearing as soon as possible, but given at least seven (7) calendar days’ notice. A student will be notified of the due process protections provided for in these rules.
The committee will conduct the hearing, consider the relevant evidence presented, and make a decision based on a simple majority vote. The committee can either uphold, overturn, or lessen the disciplinary finding and/or sanction. The results of the decision will be conveyed to the student in writing, through the dean of students or other administrator identified by the institution, within ten (10) business days of the hearing.
If the committee upholds or lessens the disciplinary finding and/or sanction, the student may appeal in writing to the president within five (5) business days following receipt of the decision of the committee. The president will make a decision within ten (10) business days. The president’s decision is final.
The president, dean of students or other administrator identified by the institution has the ability to extend deadlines for good cause and upon written notice to the student.
The institution shall maintain all submissions by the student and all decisions of institutional officials and committees permanently.
Formal Administrative Hearing (Colleges of Applied Technology)
The president of a college of applied technology shall appoint an administrator who will set a hearing date that is within fifteen (15) business days of receipt of the student’s request for a hearing. The student must be given at least seven (7) calendar days’ notice of the hearing. A student will be notified of the due process protections provided for in this policy.
The administrator will conduct a hearing, consider the relevant evidence presented, and make a decision either upholding, overturning, or lessening the disciplinary finding and/or sanction. The results of the decision will be conveyed to the student within ten (10) business days of the hearing.
If the administrator upholds or lessens the disciplinary finding and/or sanction, the student may appeal in writing to the president within five (5) business days following receipt of the decision of the committee. The president will make a decision within ten (10) business days. The president’s decision is final.
The president has the ability to extend deadlines for good cause and upon written notice to the student.
Administrative Resolution. An administrative resolution involves the student meeting with a single administrator appointed by (i) for community college students, the dean of students or other administrator identified by the institution or (ii) for college of applied technology students, the president. There is no appeal. The decision of the administrator is final.
A student may elect not to contest the disciplinary action, either affirmatively or by failing to return the election of a procedure in a timely manner, which serves as a waiver of the right to contest the disciplinary action.
Procedures Related to Interim Involuntary Withdrawal or Suspension Hearings.
When the Vice President for Student Affairs or other administrator identified by the institution determines that an interim suspension or other interim measure is required for the health and safety of the institutional community and/or property, or to prevent an ongoing imminent threat of disruption to or interference with the normal operations of the institution, the student will receive an opportunity for an informal hearing with the Vice President of Student Affairs or other administrator identified by the institution to contest the interim measure.
The informal hearing will be held within five (5) calendar days, absent good cause.
The evidence presented at the hearing shall be limited to that which is relevant to the basis asserted for imposition of the interim suspension or other interim measure.
Alternative Resolution Procedures: An institution, with the consent of all relevant parties, may use an alternative resolution method including, but not limited to, an apology, mediation, or a negotiated resolution.
T.C.A. § 49-8-203; All Federal and State statutes, codes, rules and regulations referenced in this policy.
History
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; TBR Board Meeting June 18, 2021 (Effective August 16, 2021 for Community Colleges and August 26, 2021 for TCAT's ); September 23, 2022 updated Exhibit 1.
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.
Each institution is authorized to establish additional policies and procedures affecting student organizations which are consistent with the provisions of this policy.
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.
Organizations which may be registered to operate on campuses include the following:
Honors and leadership organizations and recognition societies;
Departmental organizations and professional fraternities and sororities; and
Special interest groups (political, religious, athletic, etc.).
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.
No student organization may carry on any activity on the campus of an institution unless the organization has been officially registered by the institution.
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.
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:
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:
The religious content of the organization's speech including, but not limited to, worship; or
The organization's exercise of its rights pursuant to subsection 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.
No student organization or individual shall engage in or condone any form of hazing.
Hazing shall include, but is not limited to:
Any action taken, or situation created intentionally, to produce mental or physical discomfort, embarrassment or ridicule;
Any form of verbal or physical harassment or abuse; and
Engaging in public stunts, morally degrading or humiliating behavior or games, whether on or off campus.
Excessive demands on a student's time so as to interfere with academic performance are prohibited.
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.
Hazing activity which is in violation of any other institution regulation such as the misuse of alcohol, drugs, institution property, etc., is strictly forbidden.
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.
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.
No person, group or organization may use the seal or any symbol of the institution without the prior written approval of the president of the institution, or designee.
Any proposed student organization shall be open to all students of the institution who otherwise meet membership requirements.
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.
A proposed organization must represent the interests of the members, and the control of the organization must be within the local campus group.
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.
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.
The proposed organization must not:
Have illegal aims and goals;
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
Advocate incitement of imminent lawless action which is likely to produce such action.
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.
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.
New organizations may be denied registration where the purposes are within the scope of a currently registered organization.
No organization may use the same name, or a name which is misleading and similar to the name, of a currently registered organization.
The organization must provide for the distribution of all funds and assets in the event of dissolution.
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:
An application or request to form the organization on the form designated by the institution.
The proposed constitution and bylaws of the organization, which must clearly contain the following:
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.
The names and signatures of the charter members of the organization.
The names of the faculty adviser and/or the administrative officers of the institution who will sponsor the organization.
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.
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.
Recommendations regarding registration of a proposed organization must be forwarded by the designated body or bodies of the institution to the president of the institution, or authorized designee; and registration by the president or designee is necessary before the organization can be officially registered.
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.
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.
Annual renewal of registration of an organization shall be dependent upon the organization's demonstration of compliance with the following:
It must adhere to the purposes, aims and activities as stated in the approved constitution and bylaws;
It must continue to meet all of the requirements for initial registration;
It must have remained in compliance with all rules and regulations of the institution and all federal and state laws;
It must submit all changes in the constitution and bylaws to the institution for approval;
It must maintain a current list of officers, faculty advisers and sponsors on file with the institution; and
It must have submitted all required financial and other reports to the institution.
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.
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:
The organization fails to maintain compliance with the initial requirements for registration;
The organization ceases to operate as an active organization;
The organization request withdrawal of registration;
The organization operates or engages in any activity in violation of rules and regulations of the institution, or federal or state laws; or
The organization fails to submit any required reports.
An organization which is placed on probation may continue to hold meetings but may not sponsor any activity or program.
An organization which is placed under suspension may not engage in or sponsor any activity or program, and may not hold meetings.
Where registration of an organization is withdrawn, it shall cease to exist as an organization.
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.
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.
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.
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)
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.
Prior to approval, the institution may require a specified number of officials or security officers for any event, activity or program.
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.
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:
Authority
T.C.A. § 49-8-203
History
SBR Meetings, September 29, 1978; December 7, 1979; September 30, 1983 March 23, 1984, September 21, 1990; December 2, 2016 Revised pursuant to T.C.A. § 49-7-150; March 31, 2022 Board approved revisions.
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.
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, they should have a clear understanding of the role of the student life division in coordinating the student organization's programming and activities.
In carrying out the role of advisor, they should have an interest in the student organization for which they are 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.
An advisor should be committed to serving the needs of an organization and its members by but not limited to:
Attending all formal functions staged or held by the organization;
Developing a rapport with the membership of the organization, especially the officers;
Keeping abreast of current developments in the particular areas served by the organization;
Developing a working relationship with national, state, and/or regional officers of the organization; and
Working with institutional officials to inform the organization of TBR and institutional policies, procedures, and decisions that affect the functioning of the organization.
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 procedures. 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.
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.
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.
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.
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:
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.
An institution should develop a well-rounded program designed to train and assist advisors; key components of the training program shall include:
A handbook that details current responsibilities, duties, resources, funding guidelines, key staff members, a contact list of institutional officials in case of emergencies, etc.;
One or more in-service programs designed to provide training and learning opportunities for advisors; and
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.
These procedures are issued to aid TBR institutions in implementing TBR Policy No. 3:02:03:00 Confidentiality of Student Records. Each institution shall develop policies and procedures consistent with these procedures and TBR Policy No. 3:02:03:00.
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.
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.
Any charge for such copies may not exceed that charge normally made for similar types of copies.
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.
Such confidential records include, but are not limited to, grades, class enrollment and attendance, disciplinary records, admission records, student grievances, complaints or appeals.
Disclosure of such records shall be permitted only under one of the exceptions described below.
Directory Information
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.
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:
Name;
Address;
Telephone number;
Date and place of birth;
Major field of study;
Participation in officially recognized activities and sports;
Weight and height of members of athletic teams;
Dates of attendance;
Degrees and awards received;
Most recent previous educational institution attended;
Other information of the type above specifically approved by the institution as acceptable directory information.
Institutional policy must provide the student the opportunity to refuse to allow disclosure of any designated directory information.
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.
Each institution shall forward to the Office of General Counsel a list of information which shall be considered directory.
Disclosure in Bona Fide Emergency
Disclosure of student records is permitted if necessary to protect the student or other person against threat to the safety or health of either.
Such disclosure may be made only in the case of an immediate bona fide emergency such that consent cannot be obtained.
Such disclosure shall be limited to necessary information only and to those persons in a position to render assistance in the emergency situation.
Disclosure within the Institution
Only those institution 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.
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".
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 their assigned responsibilities, and disclosure shall be limited to such information as is necessary to fulfill those responsibilities.
Disclosure with Consent
The institution may disclose personally identifiable information with the signed written consent of the student.
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.
A copy of the consent must be maintained with the student's record to which it pertains.
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.
Disclosure Pursuant to a Subpoena
The institution must disclose confidential student records pursuant to a lawfully issued subpoena or judicial order.
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 TBR Office of General Counsel may be contacted for assistance in verification.)
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.
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.
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.
The sealed envelope shall then be enclosed in an outer envelope, sealed, and directed to the appropriate entity.
Disclosure to Parents of Dependent Students
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.
Disclosure to Officials of Other Schools and School Systems
The institution may disclose confidential student records to officials of other institutions and/or systems in which the student is currently enrolled or seeks or intends to enroll, provided such disclosure is consistent with the following conditions.
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.
The disclosure is initiated by the student at the sending institution.
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.
The institution provides the student a copy of the records transferred upon request by the student.
The institution provides the student an opportunity for a hearing, as provided in IV.B, upon request by the student.
Other Exceptions
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.
Disclosure pursuant to these exceptions should not be made unless specifically approved by an appropriate institution official.
The TBR Office of General Counsel is available for assistance in ascertaining the applicability of the exceptions.
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.
The record of disclosures may be inspected by the student, the officials responsible for the records and by persons responsible for auditing the records.
Except as provided in Part C below, a student has the right to inspect, review and obtain a copy of their educational records.
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 their records.
The procedures shall require compliance with the student's request within a reasonable time which shall not exceed 45 days.
The institution may charge the student a fee for copies which shall not exceed the institution's normal fee for such copies.
The procedure must specify any circumstances under which a student will be denied such copies.
The institution shall also, upon a student's request, provide a student with an explanation/interpretation of the record.
Exceptions to Student Access
A student's right to access to their records is subject to the following exceptions:
For records pertaining to more than one student, a student may only view the portion of the record pertaining to themself and may not view the portion pertaining to the other students.
A student may not have access to financial records and statements of their parents or any information contained therein.
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
The letters and statements were solicited with a written assurance of confidentiality or were sent and retained with a documented understanding of confidentiality; and
The letters and statements are used only for the purposes for which they were specifically intended.
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
Respecting admission to an educational institution;
Respecting an application for employment; or
Respecting the receipt of an honor or honorary recognition;
Provided that, the student has waived their right to inspect and review the letters/statements in a signed written waiver.
A separate waiver must be provided for each category of letters/statements.
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.
The institution may not require such a waiver of students as a condition or prerequisite to eligibility for a program or service.
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.
Student's Right to Request Amendment
A student may request to amend their record if they feel it is inaccurate, misleading or in violation of their rights.
Institutional policies and procedures shall specify how such requests are to be made.
The institution must consider the request and convey its decision to comply or deny within a reasonable time of the request.
If the request is denied, the institution shall inform the student of the right to a hearing.
The institution policies and procedures shall specify the procedure for the hearing which shall include, at a minimum, the following:
The hearing must be held within a reasonable time of the request.
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.
The hearing date must be conducted by an institution official not having a direct interest in the outcome.
The student may present evidence.
The student may have the assistance or representation of individuals of their choice, including an attorney.
The institution must make its decision within a reasonable time.
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.
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.
The statement must be maintained with the record and a copy provided to anyone to whom the record is provided.
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.
Institutional policies and procedures shall include a statement specifying to whom at the institution violations of the Buckley Amendment may be reported.
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:
Authority
T.C.A. § 49-8-203; Buckley Amendment; FERPA
History
Presidents Meeting, August 18, 1987; Presidents' Meeting February 10, 2004.
On March 3, 1978, the State Board of Regents approved the recommendations contained in the staff report entitled "A Report on Out-Of-State Enrollments" dated February 15, 1978. Pursuant to those approved recommendations, the following guideline is adopted for the institutions in the State Board of Regents System.
All institutions should attempt to maintain a maximum limitation on the number of nonresident students, including foreign students, of fifteen percent (15%) to twenty percent (20%) of the total number of students enrolled at the institution or any unit of the institution.
Sources:
Authority
T.C.A. § 49-8-203
History
March 3, 1978 TBR meeting. Revised July 1, 1984
Note: The guideline initially allowed a maximum 33.1% nonresident enrollment at TSU until 1980, at which time it became subject to the 15% to 20% maximum.
