An Honor Code Board Hearing is held before a panel of Honor Code Board members and chaired by an Honor Code Board Chairperson. The Honor Code Board members serve as the decision-makers in determining whether the Respondent is responsible for the charged Honor Code violation(s) and the disciplinary sanction(s), if any, to be imposed.

1. (1) Honor Code Board Chairperson. The Honor Code Board Chairperson is a faculty member appointed by the Faculty Senate to preside over and facilitate an Honor Code Board Hearing to ensure that the hearing is conducted in accordance with the Honor Code. Except as provided under Section .09(7)(j) of this Chapter, the Honor Code Board Chairperson will not vote on the issues to be decided by the Honor Code Board. The Honor Code Board Chairperson will be trained by the Office of Student Conduct on the procedures for conducting an Honor Code Board Hearing in accordance with the Honor Code. In the event the Honor Code Board Chairperson is absent or recused from a case, a faculty member on the Honor Code Board may serve as the acting Honor Code Board Chairperson for the case.

2. (2) Honor Code Board. The Honor Code Board is a panel of appointed students and faculty who are selected to serve as the decision-makers in an Honor Code Board Hearing.

   1. (a) The full membership of the Honor Code Board consists of: (i) six (6) undergraduate students recommended by the Student Government Association and appointed by the Office of Student Conduct; (ii) six (6) graduate students recommended by the Graduate Student Association and appointed by the Office of Student Conduct; (iii) six (6) undergraduate-level faculty members appointed by the Faculty Senate; and (iv) six (6) graduate-level faculty members appointed by the Faculty Senate.
   2. (b) For each Honor Code Board Hearing, (i) a minimum of six (6) Honor Code Board members is required to hear the case (excluding the Honor Code Board Chairperson); and (ii) the Honor Code Board hearing the case must consist of at least three (3) student members and at least three (3) faculty members who correspond to the academic level of the Respondent (e.g., for a case involving a Respondent who is an undergraduate student, the Honor Code Board hearing the case must consist of at least three (3) undergraduate students and at least three (3) undergraduate-level faculty members). Notwithstanding any provisions of this Section .09(2)(b) to the contrary, with the consent of the Complainant, Respondent and Honor Code Board Chairperson, an Honor Code Board hearing a case may consist of less than six (6) Honor Code Board members or be composed of less than three (3) student members and/or three (3) faculty members who correspond to the academic level of the Respondent.
3. (3) Fairness & Impartiality. The Honor Code Board members and the Honor Code Board Chairperson will be fair and impartial. Any party to an Honor Code Board Hearing will have the right to challenge the fairness or impartiality of the Honor Code Board Chairperson or any Honor Code Board member hearing the case. Any Honor Code Board member hearing the case who lacks fairness or impartiality will recuse himself or herself, or for good cause and at the Honor Code Board Chairperson's discretion, be removed from hearing the case. Any Honor Code Board Chairperson lacking fairness or impartiality will recuse himself or herself, or for good cause and at the discretion of the Provost (or his or her designee), be removed from presiding over the hearing.
4. (4) Notice. If an Honor Code Board Hearing is selected for resolution of the charge(s), the Office of Student Conduct will send the Respondent and the Complainant notice of the time, place, and date of the hearing at least five (5) business days in advance of the date of the hearing.

5. (5) Pre-Hearing Submissions from Parties. At least five (5) business days in advance of the date of the hearing, the Respondent and the Complainant must provide the following information to the Office of Student Conduct:

   1. (a) The names of all witnesses the party plans to present at the hearing and a brief summary of the information that the party reasonably anticipates each witness to provide.
   2. (b) A copy of all tangible or electronic information that the party plans to present at the hearing (including, but not limited to, witness statements, video or audio recordings, photographs, e-mails, text messages, telephone records, medical bills, demonstrative exhibits, etc.). The party may provide photographs of items of evidence that cannot be produced in a copy form.
   3. (c) A copy of a written statement, if any, that the party wants the Honor Code Board members to consider. A Complainant's statement may include recommended sanctions for the Respondent's alleged Honor Code violation(s). The Respondent's statement may include a description of any factors the Respondent believes mitigate the alleged Honor Code violation(s) or proposed disciplinary sanction(s).
6. (6) Pre-Hearing Review of Information. After notice of the Student Conduct Board Hearing is provided to the Respondent and Complainant in accordance with Section .09(4) of this Chapter, the Office of Student Conduct will make available to each party the materials submitted by each party and the University upon the request of a party. Notwithstanding any provision to the contrary in this Section .09(6), no less that one (1) business day prior to the hearing, the Office of Student Conduct will make the materials submitted by each party and the University available for review by each party and their respective advisors, the Honor Code Board Chairperson, and the Honor Code Board members hearing the case. The Office of Student Conduct will notify each party, the Honor Code Board Chairperson, and the Honor Code Board members hearing the case when the materials are ready for review in the Office of Student Conduct or when the materials will be sent to them electronically. The Office of Student Conduct may redact irrelevant and/or protected information from any materials made available for review.

7. (7) Hearing Procedure. The Honor Code Board Chairperson will conduct an Honor Code Board Hearing in accordance with the following general procedures and rules:

   1. (a) The hearing will be closed to the public.
   2. (b) The Honor Code Board Chairperson will determine all procedural questions. The Honor Code Board Chairperson may be assisted by a procedural advisor appointed by the Office of Student Conduct.
   3. (c) Each Respondent and Complainant will be considered a party to the proceeding.
   4. (d) Each party and their respective advisors will be allowed to attend the portion of the hearing during which questioning is conducted and information is received by the Honor Code Board members. The parties (and their advisors) will not be allowed to attend the portion of the hearing during which deliberations by the Honor Code Board members occur.
   5. (e) Each party will be afforded a full and fair opportunity to present an opening statement, any evidence, including witness testimony, that reasonably relates to the charge or action at issue, and a closing statement.
   6. (f) The Honor Code Board Chairperson may bar or limit the presentation of evidence which is not provided to the Office of Student Conduct in advance of the hearing in accordance with Section .09(5) of this Chapter, or which (i) is irrelevant, (ii) unreasonably repetitious or voluminous, or (iii) protected from disclosure under federal, state, or local law.
   7. (g) The Honor Code Board members will consider all evidence presented and give due consideration to the credibility or weight of the information presented. Technical rules of evidence, such as evidentiary rules applicable to civil or criminal court proceedings, will not apply.
   8. (h) The Honor Code Board members will apply the preponderance of the evidence standard in determining whether or not the Respondent is responsible for the charged Honor Code violation(s).
   9. (i) An appropriate record of the hearing proceedings will be made. An audio or video record will be made of the hearing, except for the portion of the hearing in which the Honor Code Board members deliberate and vote on their decision. Defects in the record will not invalidate the proceedings.
   10. (j) After all information for consideration has been presented to the Honor Code Board members, the parties (and their advisors, if any) will be excused, and the Honor Code Board members will deliberate and vote on the following issues: (i) whether the Respondent is responsible for the charged Honor Code violation(s) and (ii) the disciplinary sanctions, if any, to be issued. The decision of the Honor Code Board members on each issue will be made by simple majority of the voting members' votes. In the event of a tie-vote among the voting members, the Honor Code Board Chairperson will cast the tie-breaking vote.
   11. (k) At the conclusion of the hearing, the Honor Code Board Chairperson will provide each party with a Notice of Decision setting forth the decision of the Honor Code Board members on responsibility and, if applicable, the disciplinary sanctions to be issued against the Respondent and their effective date.
8. (8) Multiple Respondents. In cases involving more than one (1) Respondent, the Honor Code Board Chairperson has the discretion to hold one (1) hearing for all of the Respondents or separate hearings for each Respondent. Any Respondent may, prior to the hearing, request that his or her hearing be conducted separately from the other Respondents' hearings. Such a request must be made in writing to the Honor Code Board Chairperson using the form(s) provided by the University. The Honor Code Board Chairperson will decide whether or not to grant such a request, and the Honor Code Board Chairperson's decision will be final.
9. (9) Failure to Appear. If proper notice of the Honor Code Board Hearing is provided to a party in accordance with Section .09(4) of this Chapter but the party fails to appear at the hearing, the Honor Code Board Chairperson has the discretion to hold the hearing in the party's absence or to reschedule the hearing. If the Honor Code Board Chairperson holds the hearing in a party's absence, the absent party will be subject to any decision(s) made by the Honor Code Board members, including any decision to issue disciplinary sanction(s) against the Respondent. Notwithstanding the foregoing provisions of this Section .09(8), the Honor Code Board Chairperson may decline to issue a Notice of Decision following the conclusion of the hearing and schedule a new hearing upon a showing of good cause by the absent party for his or her failure to appear.
10. (10) Appeal. The decision of the Honor Code Board members may be appealed to the Provost (or his or her designee) in accordance with Section .11 of this Chapter.

Authority: T.C.A. § 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 September 15, 1976; effective October 15, 1976. Amendment filed August 31, 1982; effective November 15, 1982. Amendment filed October 16, 1984; effective January 14, 1985. Repeal and new rule filed May 27, 1986; effective August 12, 1986. (Formerly 1720-02-01-.08) Repeal and new rules filed September 30, 2019; effective December 29, 2019.