1. (1) No Title IX Coordinator, investigator, decision-maker, person designated to facilitate an informal resolution process, or anyone deciding an appeal shall have a conflict of interest or bias for or against complainants or respondents generally, or against an individual complainant or respondent.
2. (2) The Title IX Co-Coordinators are responsible for appointing investigators and informal resolution mediators and may appoint someone outside of the TRCS institution or someone not employed by the TRCS institution in order to avoid potential bias, a potential conflict of interest, or for other reasons. In the event of a conflict of interest or potential bias of the Title IX Coordinator, or if the Title IX Coordinator believes that another person should serve in that role for other reasons, the TRCS Superintendent and/or Assistant Superintendent shall be responsible for appointing someone to serve the functions of the Title IX Coordinator. The decision-makers, responsible for making a determination of responsibility as to the formal complaint or allegations therein, and decision-makers for the appeal of any such determination will be appointed by the Appeals and Hearings division of the Tennessee Department of Human Services.
3. (3) TRCS will provide a prompt, fair, and impartial investigation, adjudication, and, if applicable, disciplinary process. TRCS will treat complainants and respondents equitably, which includes an objective evaluation of all relevant evidence, including evidence that tends to prove or disprove the allegations.
4. (4) Credibility determinations will not be based on a person’s status as a complainant, respondent, or witness.
5. (5) The investigation shall proceed with a presumption that a respondent is not responsible for the alleged conduct unless and until a determination of responsibility for a violation is made at the conclusion of the decision-making process. The burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility for sexual harassment rests with TRCS. The parties do not carry the burden of proof.

6. (6) The TRCS shall provide simultaneous written notification to the parties of:

   1. (a) Any initial, interim, or final decision by an official authorized to resolve disciplinary matters;
   2. (b) Any available appeal procedures for that decision;
   3. (c) Any change to that decision; and
   4. (d) When that decision becomes final.
7. (7) The parties will receive timely and equal access to information.
8. (8) TRCS will not restrict any rights protected by the First Amendment to the U.S. Constitution or restrict any other rights guaranteed by the U.S. Constitution or State of Tennessee Constitution.

Authority: T.C.A. §§ 4-5-101, et seq., 4-5-202, et seq., 49-11-604, and 49-11-801, et seq.; 20 U.S.C. §§ 1681-1688; and 34 C.F.R. Part 106. Administrative History: New rules filed February 5, 2026; effective May 6, 2026.