Charges or allegations of violations of the Honor Code may be resolved in one (1) of the following ways:

1. (1) Resolution by Formal Hearing. A Formal Hearing is a process for resolving charges of violations of the Honor Code in which the Respondent is provided the opportunity to contest the charges through the presentation of evidence at a hearing before a fair and impartial decision-maker.

   1. (a) Types of Formal Hearings. Charges of violations of the Honor Code may be resolved through one (1) of three (3) types of Formal Hearings, depending on the gravity of the disciplinary sanctions proposed for the charge:

      1. 1. Honor Code Officer Hearing. A hearing held before an Honor Code Officer in accordance with Section .08 of this Chapter. An Honor Code Officer Hearing will be offered in every case, except where a faculty or staff member Complainant requests that an Honor Code Officer Hearing not be offered as a hearing option for resolution of the charges.
      2. 2. Honor Code Board Hearing. A hearing held before an Honor Code Board in accordance with Section .09 of this Chapter. An Honor Code Board Hearing will be offered in every case.
      3. 3. UAPA Hearing. A “contested case” hearing under the UAPA held before a UAPA Administrative Judge in accordance with Chapter 1720-01-05. 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.
   2. (b) Request for Type of Formal Hearing. Within five (5) business days of the effective date of the Notice of Charges, the Respondent must select in writing one (1) of the types of Formal Hearing available for resolution of the charge(s) using the form(s) provided by the Office of Student Conduct (or designee). A verbal request by the Respondent for a type of Formal Hearing will not constitute a valid request. By selecting a type of Formal Hearing, the Respondent waives the right to contest the charge(s) through another type of Formal Hearing.
   3. (c) Failure to Request Type of Formal Hearing. If, within five (5) business days of the effective date of the Notice of Charges, the Respondent fails to request in writing the type of Formal Hearing, the Respondent waives the right to select the type of Formal Hearing for resolution of the charge(s), unless the Respondent's failure to select the type of Formal Hearing is excused by the Office of Student Conduct upon a showing of good cause. If the Respondent waives his or her right to select the type of Formal Hearing as provided under this Section .07(1)(c), the Office of Student Conduct (or designee) will select the type of Formal Hearing and will provide notice to the Respondent of the type of Formal Hearing selected and the date, time, and place of the hearing.
   4. (d) Waiver of UAPA Hearing. Notwithstanding any provisions in this Chapter to the contrary, in a case in which the UAPA requires that the University offer the Respondent a UAPA Hearing, the Respondent waives his or her right to a UAPA Hearing only if the Respondent executes a voluntary written waiver of his or her right to a UAPA Hearing.

2. (2) Resolution by Resolution Agreement. At any time during the Honor Code Process, a faculty member Complainant may propose to the Respondent to resolve allegations or charges of Honor Code violations by Resolution Agreement in lieu of a Formal Hearing. A proposed Resolution Agreement must be reduced to writing by the faculty member Complainant using the form(s) provided by the Office of Student Conduct (or designee). The Respondent may accept the proposed resolution and sanctions (if applicable) by signing the proposed Resolution Agreement. The Resolution Agreement will become binding and effective after it is signed by the Respondent and the faculty member Complainant. The faculty member Complainant must send the fully-executed Resolution Agreement to the Office of Student Conduct (or designee) within five (5) business days after the agreement has been fully- executed.

   1. (a) By signing a Resolution Agreement, the Respondent: (i) accepts responsibility for the Honor Code violations stated in the agreement; (ii) agrees to the imposition of the disciplinary sanctions stated in the agreement (if applicable); and (iii) waives all rights the Respondent may have to resolve the allegations or charges through a Formal Hearing.
   2. (b) A Respondent may not revoke or appeal a Resolution Agreement at any time after the Respondent signs the agreement.

Authority: T.C.A. §§ 4-5-101, et seq. and 49-9-209(e); Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5; and Public Acts of Tennessee, 1807, Chapter 64. Administrative History: Original rule filed November 22, 1993; effective March 30, 1994. Repeal and new rules filed September 30, 2019; effective December 29, 2019.