Frequently Asked Questions

Frequently Asked Questions

Student Conduct Process 

What is the Student Conduct process? 

The Student Conduct system is an administrative process for reviewing alleged violations of the University’s Student Code of Conduct; it is not a civil or criminal court process. The process utilizes formal investigation and hearing procedures to adjudicate alleged violations of University policy and procedures, as determined by the preponderance of the evidence standard. The Office of Student Conduct (OSC) is responsible for overseeing all aspects of the process.

 

To whom does the Student Code of Conduct apply? 

The Code applies to the conduct of a student that occurs on University-controlled property. With respect to conduct that does not occur on University-owned property, the University has the discretion to discipline a student for conduct in violation of the Code if the student's conduct adversely affects the interests of the University. 

What is the Preponderance of Evidence standard?

Under the Preponderance of the Evidence standard, the burden of proof is met when a decision maker determines that there is a greater than 50% chance that the claim is true. 

How does the Student Conduct process differ from the Criminal Justice System?

The Student Conduct system educates students about behavior, ethical decision-making, and success to foster growth and development. The Criminal Justice system is a responsive process which focuses on punishment and rehabilitation.  

Does UTC have jurisdiction Off-campus? 

With respect to conduct that does not occur on University-owned property, the University has the discretion to discipline a student for conduct in violation of the Code if the student's conduct adversely affects the interests of the University, including, without limitation, when the conduct occurs during or in connection with a University-affiliated activity, including, without limitation, an overseas study program, clinical or field placement, internship, or in- service experience; consists of academic dishonesty or research misconduct; is prohibited by local, state, or federal law; involves another member of the University community; or threatens, or indicates that the student may pose a threat to, the health or safety of the student or other person, or the security of any person's property, including, without limitation, alcohol-related misconduct, drug-related misconduct, arson, battery, fraud, theft, hazing, participation in group violence, Sexual Harassment, and sexual exploitation.

What about double-jeopardy? 

The Code has been adopted in furtherance of the University's interests and serves to supplement, rather than substitute for, the enforcement of criminal and civil law. Accordingly, a Respondent may be charged with violating the Code for conduct that also constitutes a violation of criminal or civil law without regard to whether criminal or civil legal proceedings have been initiated against the Respondent. Disciplinary action for student conduct in violation of the Code may be carried out prior to, simultaneously with, or following criminal or civil proceedings regarding the same conduct. 

What are the different Hearing types? 

The University has three different types of hearings for resolving alleged non-academic violations. 

• Hearing Officer Hearing: A Hearing Officer is a University employee selected by the Office of Student Conduct. Hearing Officers are trained by the Office of Student Conduct to conduct Hearing Officer Hearings in accordance with the Code. A Hearing Officer Hearing is held before and conducted by a Hearing Officer. The Hearing Officer serves as the decision maker in determining whether the Respondent is responsible for the charged Code violation(s) and the disciplinary sanction(s), if any, to be imposed. 
• Student Conduct Board Hearing: The Student Conduct Board is a panel of appointed students, faculty, and staff, that serves as the decision-maker for the hearing. A Student Conduct Board Hearing is held before a Student Conduct Board and chaired by a Student Conduct Board Chairperson. The Student Conduct Board serves as the decision-maker in determining whether the Respondent is responsible for the charged Code violation(s) and the disciplinary sanction(s), if any, to be imposed. 
• Uniform Administrative Procedures Act Hearing: A "contested case" hearing under the UAPA held before a UAPA Administrative Judge. A Respondent has the right to a UAPA Hearing only when the UAPA requires the University to offer a UAPA Hearing as determined by the gravity of the disciplinary sanction(s) proposed for the charge. 

What is an advisor? 

The Complainant and the Respondent each may choose to be assisted by one (1) advisor during all stages of the student conduct process. At their own expense, the Complainant and the Respondent may choose a person who is not employed by the University to serve as an advisor. That person may be, but is not required to be, an attorney. The Complainant and the Respondent should select as an advisor a person whose schedule allows attendance at the scheduled date, time, and place for meetings and hearings, as delays will generally not be granted due to the scheduling conflicts of an advisor. 

Can I bring someone to my meeting? 

Yes! See "What is an advisor?". 

Am I allowed to appeal a decision? 

The decision of a Hearing Officer or Student Conduct Board may be appealed to the Vice Chancellor for Student Affairs by submitting a Notice of Appeal to the Office of Student Conduct within five (5) business days of the effective date of the Notice of Decision to the appealing party. A Notice of Appeal not submitted within five (5) business days of the effective date of the Notice of Decision to the appealing party will not be considered. 

For cases heard through the UAPA Hearing process, please contact the Office of Student Conduct for additional information. 

Will my parents/guardians be notified of a conduct issue? 

The Family Educational Rights and Privacy Act (FERPA) is a Federal law requiring educational institutions to maintain, keep private, and release certain records as prescribed. All conduct records will be kept private except to individuals who have an “educational need to know”, who have a release signed by the student, and as required by law. Students wishing for records to be released to parents or other individuals/organizations should contact the Office of Student Conduct to complete a waiver form.  

As permitted by the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) and in compliance with Tennessee state law (T.C.A. 49-7-146) and University Policy, the University will contact the parent(s)/guardian(s) of any student who is under 21 years of age at the time of the incident who is found responsible for an incident involving alcohol and/or drug use/possession. 

What happens if I don’t respond or participate in the conduct process? 

If the Respondent fails to appear at a scheduled Preliminary Meeting, the Respondent waives his or her right to a Preliminary Meeting and the right to select the type of Formal Hearing for resolution of the allegations, unless the Respondent's failure to appear at the Preliminary Meeting is excused by the Office of Student Conduct upon a showing of good cause. If the Respondent waives his or her right to a Preliminary Hearing and the Hearing Officer determines that charges should be issued based on the information available, the Hearing Officer will select the type of Formal Hearing for resolution of the charge(s) and provide the Respondent with a Notice of Charges. 

Will a disciplinary record be noted on a transcript or revealed to another institution or agency? 

No, disciplinary records are NOT noted on a student's transcript. The University maintains student conduct records separately from student academic records. The Office of Student Conduct serves as the record custodian for student conduct records. 

The University will retain a student's student conduct records for a period of seven (7) years after the student's last date of enrollment with the University, unless required to retain the records for a longer period of time by law or as otherwise provided in this Section 16(3). The Office of Student Conduct will permanently retain student conduct records for students who receive one (1) or more of the following disciplinary sanctions (or equivalent sanctions under previous versions of the Code) from the University: Suspension, Permanent Dismissal, Withholding of Degree, and Revocation of Degree. 

Honor Code Process 

What is the Honor Code process?

The Honor Code system is an administrative process for reviewing alleged violations of the University’s Honor Code; it is not a civil or criminal court process. The process utilizes formal investigation and hearing procedures to adjudicate alleged violations of the University Honor Code, as determined by the preponderance of the evidence standard. The Office of Student Conduct (OSC) is responsible for administering all aspects of the process. 

Who does the Honor Code apply to? 

The Honor Code applies to every student of the University, without regard to the student's academic program, standing, location, or type of activity. The Honor Code applies to a student's conduct relating to any University-affiliated activity, regardless of the location of the University-affiliated activity, including, without limitation, an overseas study program, clinical/field placement, internship, or in-service experience. 

What is the Preponderance of Evidence standard?

Under the Preponderance of the Evidence standard, the burden of proof is met when a decision maker determines that there is a greater than 50% chance that the claim is true. 

How can I resolve my case? 

The University has four (4)  different options for resolving alleged academic integrity violations. 

• Honor Code Resolution Agreement (Waiver): A Resolution Agreement may be offered by the referring faculty member as an informal and expedited resolution to alleged violations of the Honor Code. Respondents signing the waiver admit responsibility for the violation and accept the proposed grade modification on the assignment, examination, or course grade.  
• Honor Code Officer Hearing: An Honor Code Officer is a faculty member who is appointed by the Faculty Senate to serve on the Honor Code Board. The Honor Code Officer will meet with the Respondent and Complainant in a hearing where they review all available information, ask questions of the parties present, and determine the outcome of the case.  
• Honor Code Board Hearing: The Honor Code Board is comprised of students and faculty. The Honor Code Board will meet with the Respondent and Complainant in a hearing where they review all available information, ask questions of the parties present, and determine the outcome of the case. 
• Uniform Administrative Procedures Act Hearing: A "contested case" hearing under the UAPA held before a UAPA Administrative Judge. A Respondent has the right to a UAPA Hearing only when the UAPA requires the University to offer a UAPA Hearing as determined by the gravity of the disciplinary sanction(s) proposed for the charge.

What is an advisor? 

The Complainant and the Respondent each may choose to be assisted by one (1) advisor during all stages of the Honor Code process. The role of an advisor is limited to assisting, advising, and/or supporting a Complainant or Respondent during the Honor Code process. An advisor is not permitted to speak for or on behalf of a Complainant or Respondent, appear in lieu of a Complainant or Respondent, participate as a witness, or participate directly in any other manner during any phase of the Honor Code process, including, without limitation, an Honor Code Officer Hearing or Honor Code Board Hearing. However, in a UAPA Hearing, the Complainant and the Respondent are entitled to be represented by legal counsel at their own expense. 

Am I allowed to appeal a decision? 

The decision of an Honor Code Officer or the Honor Code Board may be appealed to the Provost by submitting a Notice of Appeal to the Office of Student Conduct within five (5) business days of the effective date of the Notice of Decision to the appealing party. A Notice of Appeal not submitted within five (5) business days of the effective date of the Notice of Decision to the appealing party will not be considered.  

For cases heard through the UAPA Hearing process, please contact the Office of Student Conduct for additional information. 

Will my parents/guardians be notified of a conduct issue? 

The Family Educational Rights and Privacy Act (FERPA) is a Federal law requiring educational institutions to maintain, keep private, and release certain records as prescribed. All conduct records will be kept private except to individuals who have an “educational need to know”, who have a release signed by the student, and as required by law. Students wishing for records to be released to parents or other individuals/organizations should contact the Office of Student Conduct to complete a waiver form.  

What happens if I don’t respond or participate in the Honor Code process? 

If the Respondent fails to appear at a scheduled Preliminary Meeting, the Respondent waives his or her right to a Preliminary Meeting and the right to select the type of Formal Hearing for resolution of the allegations, unless the Respondent's failure to appear at the Preliminary Meeting is excused by the Office of Student Conduct upon a showing of good cause. If the Respondent waives his or her right to a Preliminary Hearing and the Hearing Officer determines that charges should be issued based on the information available, the Hearing Officer will select the type of Formal Hearing for resolution of the charge(s) and provide the Respondent with a Notice of Charges.  

Will an Honor Code violation record be noted on my transcript or revealed to another institution or agency? 

No, disciplinary records, including Honor Code violations, are NOT noted on a student's transcript. The University maintains student conduct records separately from student academic records. The Office of Student Conduct serves as the record custodian for student conduct records.  

The University will retain a student's student conduct records for a period of seven (7) years after the student's last date of enrollment with the University, unless required to retain the records for a longer period of time by law or as otherwise provided. The Office of Student Conduct will permanently retain student conduct records for students who receive one (1) or more of the following disciplinary sanctions from the University: Suspension, Permanent Dismissal, Withholding of Degree, and Revocation of Degree.