In a meeting lasting 13 minutes with no requests for public comment, The University of Tennessee at Martin held a public rule-making hearing on Nov. 21 to review proposed revisions to the Student Code of Conduct.
Ryan Stinnet, General Counsel for the University of Tennessee; Cynthia Moore, UT Board Secretary; and Andy Lewter, UT Martin Vice Chancellor for Student Affairs were all present at the meeting, held at Boling University Center.
The majority of the meeting was about the proposal to change the UT Martin Student Code of Conduct. The goal of the changes is to help make understanding the code easier by simplifying and modernizing language and phrasing.
“They’ve needed to be implemented for quite a few years,” said Lewter, referring to the changes.
Changes to modernize the language used within the code of conduct will consist of clarifying language relating to graduate programs, violations of professional or ethical standards and clarification concerning student withdrawals. They also plan to include changes to the language on no contact directives and change the section title for interim suspension to interim restrictions, which broadens the options of interim measures that can be used, according to Lewter.
To simplify, the rules have broadened so that different kinds of temporary restrictions can be used instead of punishing someone while a situation is being reviewed. Students are innocent until proven guilty, so if a student commits some sort of crime on campus, they will not be punished until they are found guilty after an investigation.
Another proposed change to make the code easier for students to understand is to add explanations to how misconduct is reported, clarify what level of proof is needed, update language to cover all student investigations (not just Title IX investigations) and include additional information on informal resolutions.
The term “permanent dismissal” will be changed to “expulsion penalty to sanction”and the Dean of Students will serve as the disciplinary hearing board chair instead of the Vice Chancellor for Student Affairs, which would allow for the vice chancellor to hear appeals. The changes would also clarify that cross examinations during disciplinary hearings would be written instead of verbal. Instead of having a separate statement for Title IX appeals, language in the appeals section would been added into one statement. There will also be added clarity on the reasons students can appeal, and the timeline for those appeals will be made more clear.
In addition to changing the language regarding the different types of sanctions that could be imposed, there would also be an added section on medical amnesty. Sections relating to involuntary medical withdrawals and inspection search policies would be removed.
The student code of conduct has not been changed since 2015, and work has been in progress since 2022 to make these proposed changes. These changes will not happen just yet, as they will take time to move through the legal process. The next step will be for the university’s administration to look over any comments that were made during the hearing. After reading and looking over the comments, the administration will work with the office of general counsel to make any necessary revisions. The administration will then have to approve a final version of the amended rule; this version will then need to be adopted by the by the UT Board of Trustees. If adopted, the rule will then be sent to the state attorney general’s office for legal review. If approved by the attorney general’s office, the rule will be filed with the Tennessee Secretary of State, who would then file the rule on their website. The rule would become effective 90 days after filing.
Anyone can review the rulemaking notice on the secretary of state’s website. UT Martin sent out an email about the rulemaking notice and hearing on Nov. 19, and the information was posted to the UT Board of Trustees website.
