06:31:00 Uniform Administrative Procedures Act

Purpose

This policy sets forth the procedures that the Tennessee Board of Regents (the TBR) and institutions under the authority of the TBR shall use to conduct hearings in contested cases under the Uniform Administrative Procedures Act, Tennessee Code Annotated §§ 4-5-101 et seq (the UAPA). Contested cases are proceedings in which the legal rights, duties, or privileges of a student, employee, student organization, or other person (collectively referred to as a “person”) are required by any statute or constitutional provision to be determined only after that individual or entity has been provided an opportunity for a hearing.

Policy

1. Scope

1. These procedures will apply to any case where a contested case hearing is properly requested and required by law to be offered, including:

1. The suspension or expulsion of students, or revocation of recognition of a student organization, for misconduct or disciplinary reasons;
2. Suspension of employees for cause, or termination of employee when the termination is potentially in violation of the employee’s contract, e.g., termination prior to expiration of the contract term;
3. Support staff employees who are demoted, suspended without pay, or terminated and elect to pursue a UAPA hearing instead of an employee panel hearing as the final step of the grievance process; and
4. Other matters in which the legal rights, duties, or privileges of a person are required by any statute or constitutional provision to be determined by TBR or a TBR institution after an opportunity for a hearing.

2. This policy is not applicable to termination of faculty for adequate cause. Any such termination is subject to the provisions of T.C.A. § 49-8-302, TBR Policy 5.02.03.70, Academic Tenure for Community Colleges, and TBR Policy 5.02.03.10, Academic Freedom, Responsibility and Tenure at the Tennessee Colleges of Applied Technology: 5.02.03.10.

3. Prior to offering any hearing pursuant to this policy, the institution shall contact the Office of General Counsel for advice on the applicability of this policy and for possible assistance in the hearing of the case.

2. Administrative Judges and Hearing Officers

1. In any case where a contested case hearing is available, elected and properly requested, the president (or chancellor for cases arising out of the TBR System Office) or designee may make a request to the office of the secretary of state to have the contested case heard by an administrative judge or hearing officer employed in the office of the secretary of state.

2. In lieu of asking the secretary of state to have the contested case heard by an administrative judge or hearing officer employed in the office of the secretary of state, the president (or chancellor for cases arising out of the TBR System Office) or designee may determine, in his or her sole discretion, whether the hearing shall be held before:

1. A person who is licensed to practice law and who is not employed as an attorney for a TBR institution or TBR System Office;
2. A former state, county, or municipal judge or a former federal judge or magistrate;
3. An employee of a TBR institution or TBR System Office who has been trained to conduct contested cases, but who does not provide legal representation to TBR or any TBR institution; or
4. An employee of another public institution who has been trained to conduct contested cases.

3. Any administrative judge or hearing officer who hears a case involving sexual harassment, sexual assault, domestic violence, dating violence, or stalking shall receive training as required by federal and/or state law.

3. Procedures

1. The UAPA and the Tennessee Department of State’s Uniform Rules of Procedures for Hearing Contested Cases before State Administrative Agencies, Tennessee Department of State Rule Chapter 1360-04-01, shall be used for contested case hearings under this rule.

2. For purposes of review and action following issuance of an initial order, the agency head will be the president or other head of a campus out of which the contested case arises, and the chancellor or chancellor’s designee when the contested case arises out of the TBR System Office or when the president or other head of a campus is not available to serve as agency head due to a conflict of interest, recusal, disqualification, or other reason.

10/95; 8/04; 02/13; 05/16; 08/21

Detailed procedures on the Tennessee Uniform Administrative Procedures Act are contained in TBR Policy No. 1:06:00:05.