Student Handbook

General Information

Firearms on Campus

General Prohibition

Except as otherwise provided in this policy, possession of firearms or other weapons on institution property is prohibited. (T.C.A. 39-17-1309)

Exceptions for Employees with Valid Handgun Carry Permits

In accordance with T.C.A. 39-17-1309 (e)(9) and subject to the limitations set forth in this policy, full-time employees who possess a valid handgun carry permit issued under T.C.A. 39-17-1351 may carry a handgun on property owned, operated, or controlled by the TBR institution at which they are employed, provided that they are not permitted to carry a handgun openly or in any manner in which the handgun is visible to ordinary observation, or to disclose to other employees, students or third parties that they are carrying a handgun.

Full-time peace officers on campus either in an employee, student, or visitor status may carry a firearm if required by local departmental regulations. Specifically, full-time uniformed peace officers are authorized to wear their arms in accordance with their uniform regulations; however, plain clothed peace officers must wear clothing which will permit the complete concealment of their firearms at all times. At no time will such firearms be visible.

Freedom of Expression

Walters State Community College considers freedom of inquiry and discussion essential to educational development and recognizes the right of students to engage in discussion, exchange thought and opinion, and speak freely on any subject in accord with guarantees of our state and national constitution. In addition, Walters State strives to develop in students a realization that citizens not only have the right, but also the obligation, to inform themselves regarding issues and problems of the day, to formulate standards regarding these, and to give expression to their views. In discharging these rights and obligations, however, students must also recognize their responsibilities to other individuals, to the college and its constituency, and to the state and nation. Walters State takes pride in the fact that its campus is open to free discussion and the examination of views with the condition that such discussion be accompanied by peaceful conditions consistent with a scholarly nature of an academic community.

Health and Accident Insurance

Walters State Community College offers a non-compulsory health and accident policy which will provide protections for students at a very low rate. The college is offering this group insurance as a service to you because the rates are lower than for individual policies. Policy information is available in the office of the vice president for Student Services.

Students are urged to participate in this group policy. Students participating in physical education classes, intramural activities and sports clubs are strongly encouraged to purchase this policy. This policy does not provide coverage for students while they are participating in intercollegiate competition or practicing for such competition.

Nondiscrimination on the Basis of Sex

Walters State has developed a policy of reaffirming the fact that the college does not discriminate on the basis of sex in the educational programs or activities which it operates (WSCC policy 09:01:00 and TBR Guideline P-80). The college’s policy is as follows:

It is the policy of Walters State Community College not to discriminate on the basis of sex in the educational programs or activities which it operates, including employment therein and the admission of students thereto, and Walters State Community College is required by Title IX of the Education Amendments of 1972, and regulations issued pursuant thereto (45 C.F.R Part 86) (and by Section 799A and 845 of the Public Health Service Act and regulations) issued pursuant thereto not to discriminate in such manner. Inquiries concerning the application of the Acts and the regulations to Walters State Community College may be referred to the President or the Title IX Coordinator, Jarvis Jennings, Executive Director for Human Resources in CCEN 109B; 423-585-6845.

Search and Seizure

State law provides that students and their property on the Walters State Campus may be searched and where necessary seized on the basis of a determination of probable cause. Probable cause may be found where the facts and circumstances within college administrators’ knowledge and of which they have reasonable trustworthy information are sufficient in themselves to warrant a search in the belief that a violation of the college’s regulations has been or is being committed. The decision to implement a search of a student or property will be made by either the vice president for Student Services or the President in that order and should be based upon a signed statement (warrant if possible) by a person setting forth in detail the facts and circumstance justifying the search, and where based in whole or in part on hearsay evidence, stating the underlying circumstances from which the person concluded that the third person was creditable or information reliable.

In exceptional circumstances a search may be made without a warrant, and college personnel may proceed with the search without a written authorization. Such circumstances are limited to those where the fruits of violation of the college’s regulation on contraband can be said to be in imminent danger of disappearance, destruction, or removal.

When the student voluntarily consents to a search, no written authorization for the search is required. A voluntary consent in writing will be requested, however, from the student. In addition, in all cases where a search is to be made of a student’s property or premises, the student should be present for the search whenever possible.

In the event that police or other law enforcement officials not employed by the college request permission to search for a student or property, the college will not consent to the search unless the officials have a search warrant for that particular student or property. All questions concerning this subject should be directed to the office of the vice president for Student Services or to the President of the college.

Sexual Harassment

Walters State Community College is committed to providing its faculty, staff and students with an environment free from implicit and explicit coercive sexual behavior used to control, influence, or affect the well-being of an individual at the college. Sexual harassment of any person is inappropriate and unacceptable and is grounds for disciplinary action (WSCC Policy 09:02:00 Sexual Harassment and TBR Guideline P-080. It may also, depending on its nature, constitute a violation of federal law. Any student who has a complaint regarding sexual harassment may contact Dr. Angela Smith, Vice President for Student Services in LIB-301; 423-585-2680 or Title IX Coordinator, Jarvis Jennings, Executive Director for Human Resources in CCEN 109B; 423-585-6845 for information and assistance relative to the procedure and for review of the complaint.

Student Complaints

Related to Accreditation or Violations of State Law

Students or prospective students who wish to file a complaint related to accreditation or regarding violations of state law not resolved at the institution may submit a Student Complaint Form to the Tennessee Board of Regents at 1 Bridgestone Park, Nashville, TN 37214, or by going online and filing out the form electronically at (https://www.tbr.edu/contacts/submitting-comment-complaint-or-request). Under Tennessee’s open records law, all or parts of complaints - except confidential reports of fraud, waste or abuse - will generally be available for review upon request from a member of the public.

Complaints regarding accreditation can also be made by contacting the Southern Association of Colleges and Schools Commission on Colleges, 1866 Southern Lane, Decatur, GA 30033, telephone: 404-679-4500, web: (http://www.sacscoc.org/).

Complaints of fraud, waste or abuse may be made by email at reportfraud@tbr.eduor by calling the Tennessee Comptroller’s Hotline for Fraud, Waste and Abuse at 800-232-5454.

Related to Non-Tennessee Resident Students in State Authorization Reciprocity Agreement States, commonly known as SARA

Student complaints relating to consumer protection laws that involve distance learning education offered under the terms and conditions of the State Authorization Reciprocity Agreement (SARA), must first be filed with the institution to seek resolution (see section entitled Related to Student Issues for procedures for filing student complaints with Walters State Community College).

Complainants not satisfied with the outcome of the Institution’s internal process may appeal, within two years of the incident about which the complaint is made, to the Tennessee HigherEducation Commission(https://www.tn.gov/thec/bureaus/student-aid-and-compliance/postsecondary-state-authorization/request-for-complaint-review.html).

For purposes of this process, a complaint shall be defined as a formal assertion in writing that the terms of SARA or the laws, standards or regulations incorporated by the SARA Policies and Standards (http://www.nc-sara.org/content/sara-manual) have been violated by the institution operating under the terms of SARA.

For a list of SARA member States, please visit the NC-SARA website(https://www.nc-sara.org/sara-states-institutions). Students residing in non-SARA states should consult their respective State of residence for further instruction for filing a complaint.

Related to Student Issues

Walters State has established procedures for receiving and responding to student’s issues and complaints. Grade appeals are resolved through the vice president for Academic Affairs. Academic integrity violations are reviewed jointly by the vice presidents for Academic Affairs and Student Services. All other student complaints, including student discipline, disclosure of student records, and disability accommodations, are resolved through the vice president for Student Services. Sexual harassment complaints and complaints of racial harassment and discrimination are handled by the vice president for Student Services and the College’s Equity Officer, following TBR Guideline P-080. If a student has any question about the applicable procedure to follow for a particular complaint, they should consult with the vice president for Student Services. In particular, the vice president for Student Services should advise a student if some other procedure is applicable to the type of complaint a student has expressed.

Initially, students are encouraged to attempt to resolve complaints informally with the appropriate faculty or staff member, director, department head, dean, or vice president to facilitate an informal resolution.Ifinformalresolutionisunsuccessful,orifthe studentdoesnot pursue information resolution, the student may file a written complaint to the vice president for Student Services.

1. The written complaint to the vice president for Student Services shall be filed within 30 calendar days of the alleged issue unless there is good cause shown for delay, including but not limited to delay caused by an attempt at informal resolution. The written complaint shall be specific as possible in describing the issue of complaint.
2. The vice president for Student Services shall promptly notify the individual(s) of the complaint filed against him/her/them, with emphasis on stating that the filing of the complaint does not imply any wrongdoing has occurred and that he/she/they (the defendant) must not retaliate in any way against the student who has filed thecomplaint.
3. Once the written complaint is received and reviewed, the vice president for Student Services will consult with the appropriate vice presidents, dean, directors, department heads, faculty and/orstaff.
4. The vice president for Student Services shall separately interview the complaining student, the alleged perpetrator and other persons to the extent necessary to conduct the investigation. If the vice president believes it would be helpful, he or she may meet again with the student and the alleged perpetrator after completing the investigationin an effort to resolve the matter. The complainant and the defendant have the right to have a representative (student government representative or attorney) present during the initial meeting, the interview and any post-investigationmeeting.
5. At the conclusion of the investigation, the vice president for Student Services shall issue a written report setting forth his or her findings and recommendations. In ordinary cases, it is expected that the investigation and written report should be completed within 30 days of the date the complaint wasfiled.
6. If either the student or the alleged perpetrator is not satisfied with the report of the vice president for Student Services, the student or defendant may file a written appeal to the college president within 10 calendar days of receiving the report. The president may choose to establish an Appeals Committee to review the findings of the report by the vice president for Student Services. The Appeals Committee may or may not choose to conduct another investigation following the review of the written report. The Appeals Committee shall make their recommendation to the president within 20 calendar days of receiving theappeal.
7. After the president’s review, if the complaint is still not resolved, the student will be advised that he/she can contact the State Postsecondary Program Review office at the Tennessee Higher Education Commission at 615-741-3605.
8. In the event the complaint filed by the student relates to a Family Educational Rights and Privacy Act (FERPA) issue, complaints of violation by the institution may be filed with the Office of the Secretary, United States Department of Education.

Telephones

Courtesy telephones located in the lobby of the Dr. Jack E. Campbell College Center in front of the “Z” Buda Gymnasium, in the Mathematics and Behavioral/Social Sciences Building and the Clifford H. “Bo” Henry Center for Business and Technology are provided for personal calls. The telephones in the administrative, faculty, and Student Government Association offices are for official college use only.

Student Rights and Freedoms

Preamble

Academic institutions exist for the transmission of knowledge, the pursuit of truth, the development of students, and the general well-being of society. Free inquiry and free expression are indispensable to the attainment of these goals. As members of the academic community, students should be encouraged to develop the capacity for critical judgment and to engage in a sustained and independent search for truth. Institutional procedures for achieving these purposes may vary from campus to campus, but the minimal standards of academic freedom of students outlined below are essential to any community of scholars.

Freedom to teach and freedom to learn are inseparable facets of academic freedom. The freedom to learn depends upon appropriate opportunities and conditions in the classroom, on the campus, and in the larger community. Students should exercise their freedom with responsibility.

The responsibility to secure and to respect general conditions conducive to the freedom to learn is shared by all members of the academic community. Tennessee Board of Regents institutions have developed policies and procedures which provide and safeguard this freedom. The purpose of this statement is to enumerate the essential provisions for students’ freedom to learn.

Freedom of Access to Higher Education

The admissions policies of each Tennessee Board of Regents institution are a matter of institutional choice, provided that each institution makes clear the characteristics and expectations of students which it considers relevant to success in the institution’s program. Under no circumstances should a student be barred from admission to a particular institution on the basis of race, color, religion, creed, ethnic or national origin, sex, sexual orientation, gender identity/expression, disability, age (as applicable), status as a covered veteran, genetic information, and any other category protected by federal or state civil rights law related to the institutions and office of the Tennessee Board of Regents. Thus, within the limits of its facilities, each institution should be open to all students who are qualified according to its admissions standards. The facilities and services of a TBR institution should be open to all of its enrolled students (TBR Guideline P-080). Similarly, the campuses shall not subject any student to discrimination or harassment under any educational program, and no student shall be discriminatorily excluded from participation nor denied the benefits of any educational program on the basis of race, color, religion, creed, ethnic or national origin, sex, sexual orientation, gender identity/expression, disability, age (as applicable), status as a covered veteran, genetic information, or any other category protected by federal or state civil rights law. For more information, contact Title IX Coordinator, Jarvis Jennings, Executive Director for Human Resources in CCEN 109B; 423-585-6845.

In the Classroom

The professor in the classroom and in conference should encourage free discussion, inquiry, and expression. Student performance should be evaluated solely on an academic basis, not on opinions or conduct in matters unrelated to academic standards.

Divisive Concepts and Freedom of Expression

This notice is intended to comply with the Tennessee Higher Education Freedom of Expression and Transparency Act (the “Act”) and to reflect the Board of Regents’ and institutional commitment to freedom of speech and academic freedom. 

1. Definitions

A.   Divisive Concept means a concept that:

1. One (1) race or sex is inherently superior or inferior to another race or sex;
2. An individual, by virtue of the individual’s race or sex, is inherently privileged, racist, sexist, or oppressive, whether consciously or subconsciously;
3. An individual should be discriminated against or receive adverse treatment because of the individual’s race or sex;
4. An individual’s moral character is determined by the individual’s race or sex;
5. An individual, by virtue of the individual’s race or sex, bears responsibility for actions committed in the past by other members of the same race or sex;
6. An individual should feel discomfort, guilt, anguish, or another form of psychological distress solely because of the individual’s race or sex;
7. A meritocracy is inherently racist or sexist, or designed by a particular race or sex to oppress another race or sex;
8. This state or the United States is fundamentally or irredeemably racist or sexist;
9. Promotes or advocates the violent overthrow of the United States government;
10. Promotes division between, or resentment of, a race, sex, religion, creed, nonviolent political affiliation, social class, or class of people;
11. Ascribes character traits, values, moral or ethical codes, privileges, or beliefs to a race or sex, or to an individual because of the individual’s race or sex;
12. The rule of law does not exist, but instead is a series of power relationships and struggles among racial or other groups;
13. All Americans are not created equal and are not endowed by their Creator with certain unalienable rights, including, life, liberty, and the pursuit of happiness;
14. Governments should deny to any person within the government’s jurisdiction the equal protection of the law;
15. Includes race or sex stereotyping; or
16. Includes race or sex scapegoating.

B.   Faculty means any person, whether or not the person is compensated by the institution, and regardless of political affiliation, who is tasked with providing scholarship, academic research, or teaching. “Faculty” includes tenured and non-tenured professors, adjunct professors, visiting professors, lecturers, graduate student instructors, and those in comparable positions, however titled. “Faculty” does not include persons whose primary responsibilities are administrative or managerial.

C.   Race or sex scapegoating means assigning fault, blame, or bias to a race or sex, or to members of a race or sex, because of their race or sex, and includes any claim that, consciously or subconsciously, and by virtue of a person’s race or sex, members of a race are inherently racist or inclined to oppress others, or that members of a sex are inherently sexist or inclined to oppress others. 

D.   Race or sex stereotyping means ascribing character traits, values, moral and ethical codes, privileges, status, or beliefs to a race or sex, or to an individual because of the individual’s race or sex.

1. Freedom of Speech, Freedom of Expression, and Academic Freedom

1. Nothing in this notice or the Act shall be interpreted to: 
   1. Infringe on freedom of speech protected by the First Amendment to the United States Constitution, the Tennessee Constitution, or the Tennessee Campus Free Speech Protection Act, as explained in Freedom of Speech and Expression : 1.03.02.60 | policies.tbr.edu;
   2. Infringe on the rights of academic freedom of faculty and other instructors as protected by the First Amendment to the United States Constitution, the Tennessee Constitution, or the Tennessee Campus Free Speech Protection Act, as explained in Freedom of Speech and Expression : 1.03.02.60 | policies.tbr.edu;
   3. Require an employee to:
      1. Violate any federal or state law, rule, or regulation; or
      2. Fail to comply with any applicable academic accreditation requirement; 
   4. Prohibit an institution from training students or employees on the non-discrimination requirements of federal or state law; or
   5. Prohibit an institution from promoting diversity, equity, and inclusion, provided that those efforts are consistent with State law.

1. Prohibited Activity

1. Neither the institution nor any employee shall penalize, discriminate against, or engage in any adverse treatment due to a student’s or employee’s refusal to support, believe, endorse, embrace, confess, act upon, or otherwise assent to one or more divisive concepts.
2. Neither the institution nor any employee shall require a student or employee to endorse a specific ideology or political viewpoint to be eligible for hiring, tenure, promotion, or graduation.
3. Neither the institution nor any employee shall ask the ideological or political viewpoint of an applicant for admission, student, job applicant, job candidate, or candidate for promotion or tenure. This Section shall not be construed to prohibit classroom instruction or discussion, to prohibit any other teaching or pedagogical activity, to interfere with academic freedom, or to violate the Campus Free Speech Protection Act, as explained in Freedom of Speech and Expression : 1.03.02.60 | policies.tbr.edu.

1. Investigation and Resolution of Complaints

1. A student or employee who believes that the institution or an employee has engaged in Prohibited Activity may file a complaint by submitting a complaint to Submitting a Comment, Complaint or Request | Tennessee Board of Regents (tbr.edu).  

College Committees

Functions

The detailed description, purpose and membership of each college committee may be found in the Handbook of College Advisory Councils and Committees located in all faculty and administrative offices. Following, for your convenience however, is a brief description of the college committees which concern you the most.

Academic Affairs Committee

The Academic Affairs Committee has the responsibility of all matters pertaining to the Library, curriculum changes, academic standards, academic admission and readmission requirements and such other responsibilities as may be assigned. There are three sub-committees: (1) Admissions and Academic Re-Admissions Committee, (2) Curriculum Sub-Committee, and (3) Library Sub-Committee. The chair is the vice president for Academic Affairs.

Student Services Committee

The Student Affairs Committee is charged with the regulating and administering the affairs of the student body which are co-curricular with the division of instruction. Specifically, the committee is responsible for: (1) establishing and revising the guidelines included in the Handbook for Campus Organizations; (2) planning and coordinating all student co-curricular activities; and (3) providing oversight for the expenditure of student activity fee monies.

Student Discipline Committee

The Student Discipline Committee is charged with judging the student whose behavior on or off campus is considered undesirable or harmful to the college. It deals with the student who is found to be in violation of the guidelines provided to each student in this Handbook. The committee makes recommendations directly to the President for final approval. The chair of this committee is appointed by the President. An exception to this may be made for cases involving a violation or questioning of an academic standard or practice. In such cases, they would be heard by the Academic Affairs Committee.

Scholarship and Financial Aid Committee

The Scholarship and Financial Aid Committee is charged with providing assistance to students in meeting their college expenses through scholarships, loans, grants, and employment. The committee is responsible for making recommendations concerning financial aid policies. In addition, the committee is responsible for coordinating all financial aid activities, promoting scholarships for the college, considering applicants for financial aid, making awards, and keeping scholarship donors informed concerning progress of their scholarship holders.

For additional information on the details of the college committee system, please refer to other sections of this Handbook or see the vice president for Student Affairs.

Walters State Alumni Association

The Walters State National Alumni Association was formed in December 1980 to provide an opportunity for alumni of Walters State Community College to connect with former classmates and to work for the development of their alma mater. Opportunities are also provided for alumni to engage as volunteers to support a generation of students to come.

All former students of Walters State that hold a degree or certificate or have obtained 30 hours of college credit at Walters State are encouraged to join the Association. Alumni can join by affiliation with a chapter, by class year or through honorary status.

Walters State National Alumni Association also hosts the alumni Facebook page, our networking community, under the supervision of the Coordinator of Alumni Affairs. This allows alumni to connect with former classmates, submit current information, follow college events, and receive communication from the college.

Information about the Walters State National Alumni Association and the Association’s Facebook page is available from the Alumni Affairs Office in the Dr. Jack E. Campbell College Center or alumni may write or email:

Policy on Student Organizations

Scope

The following policy of the Board of Regents, applicable to all institutions in the State University and Community College System of Tennessee, provides minimum standards for the registration and conduct of student organizations at the institutions. Each institution is authorized to establish additional policies and procedures affecting student organizations which are consistent with the provisions of this policy.

Types of Student Organizations

Student organizations may be either organizations sponsored by the institution, such as student government associations, associated student body organizations, and professional and honor societies, or organizations officially registered by the institution. Organizations which may be registered to operate on campuses include the following: (a) honors and leadership organizations and recognition societies; (b) departmental organizations and professional fraternities and sororities; (c) social fraternities and sororities; and (d) special interest groups (political, religions, athletic, etc.). Registration of a student organization by an institution shall neither constitute nor be construed as approval or endorsement by the institution of the purposes or objectives of the organization. All organizations are required to have a faculty sponsor approved by the vice president for Student Affairs.

General Policies on Student Organizations

1. No student organization may carry on any activity on the campus of an institution unless the organization has been officially registered by the institution.
2. No institution shall be responsible for injuries or damages to persons or property resulting from the activities of student organizations, or for any debts or liabilities incurred by such organizations.
3. No student organization shall deny membership to any person on the basis of age, race, sex, religion, disability or national origin, provided that social fraternities and sororities may have sex restricted membership.
4. No student organization shall engage in or condone any form of hazing including but not limited to harassment of any person by exacting unnecessary, disagreeable or difficult work, by banter, ridicule or criticism, or by abusive or humiliating acts.
5. Student organizations shall be vicariously responsible and liable for the conduct and actions of each member of the organization while acting in the capacity of a member or while attending or participating in any activity of the organization.
6. No lease or other agreements affecting real property for a period in excess of one year or for rental in excess of $12,000 per year shall be entered into between an institution and an organization without the approval of the Chancellor of the Board of Regents or designee.
7. No person, group or organization may use the name of the institution in any manner, provided that registered student organizations may use the name of the institution following the name of the organization. No person, group or organization may use the seal or any symbol of the institution without the prior written approval of the president of the institution or designee.

Criteria for Registration of Organization

1. Any proposed student organization shall be open to all students of the institution who otherwise meet membership requirements. Membership in the organization shall be limited to currently enrolled students; provided that organizations may include faculty and staff of the institution, and/or spouses of students, faculty and staff, and provided further that professional organizations may include members of the professional and business communities as members.
2. A proposed organization must represent the interests of the members, and the control of the organization must be within the local campus group. The organization must not have a knowing affiliation with an organization possessing illegal aims and goals, with a specific purpose to further those illegal aims and goals.
3. The proposed organization must agree to comply with all policies, regulations and procedures established by the Board and the institution, and with all federal and state laws and regulations.
4. The proposed organization must not (a) have illegal aims and goals; (b) propose activities which would violate regulations of the Board or the institution or federal or state laws and regulations, or materially and substantially disrupt the work and discipline of the institution; or (c) advocate incitement of imminent lawless action which is likely to produce such action.
5. The proposed organization but have the minimum number of charter members designated by the institution, and there must be a demonstration of continuous interest in the purposes of the organization sufficient to afford registration on a long -term registration, an institution may grant temporary registration to an organization for a limited period of time.
6. New organizations may be denied registration where the purposes are within the scope of a currently registered organization. No organization may use the same name, or a name which is misleading and similar to the name, or a currently registered organization.
7. The organization must provide for the distribution of all funds and assets in the event of dissolution.

Procedure for Registration of Organizations

1. In order to become officially registered as a student organization, a group must meet the criteria set forth in section 4, and must provide to the institution a minimum of the following:
   1. An application or request to form the organization on the form designated by the institution.
   2. The proposed constitution and bylaws of the organization, which must clearly contain the following; the name, purpose, proposed activities, and rules of membership of the organization, the officers, their terms and methods of selection, the proposed nature and frequency of meetings and activities, and the financial plans of the organization, including any proposed fees, dues and assessments.
   3. The names and signatures of the charter members of the organization.
   4. The names of the faculty adviser and/or the administrative officers of the institution who will sponsor the organization.
   5. A statement of assurance of compliance by the organization that it will comply with all rules and regulations, policies and procedures of the Board and the institution and with all federal and state laws and regulations.
2. The designated number of copies of the foregoing documents and information must be submitted to the office of the designated body or bodies of the institution authorized to review and make recommendations concerning proposed organizations. Recommendations regarding registration of a proposed organization must be forwarded by the designated body or bodies of the institution to the president of the institution or authorized designee; and registration by the president or designee is necessary before the organization can be officially registered.
3. Any official or body responsible for reviewing or registering proposed organizations may require the sponsors to clarify any materials or information provided in the registration process to resubmit the applications or request with nonconforming materials or provisions deleted, or to appear at a hearing for the purpose of obtaining additional information and testimony concerning the purposes, aims or proposed activities of the organization.

Nature and Conditions of Registration

1. Registration of a student organization for other than a temporary period will be on an annual basis only, effective until the beginning of the next fall term of the institution, and shall be subject to annual renewal by the institution for each ensuing year.
2. Annual renewal of registration of an organization shall be dependent upon the organization’s demonstration of compliance with the following:
   1. It must adhere to the purposes, aims and activities as stated in the approved constitution and bylaws;
   2. It must continue to meets all of the requirements for initial registration;
   3. It must have remained in compliance with all rules and regulations of the institution and all federal and state laws.
   4. It must submit all changes in the constitution and bylaws to the institution for approval.
   5. It must maintain a current list of officers, faculty advisers and sponsors on file with the institution; and
   6. It must have submitted all required financial and other reports to the institution.

Reports

1. Each institution may require any or all organizations to submit an annual report concerning its programs and activities during the preceding year. If required, this report shall be reviewed by the designated bodies or officials of the institution, and shall be a requirement for renewal of registration.
2. Each institution may require any or all organizations to submit an annual financial report reflecting all revenues received and disbursed by the organization, and/or an interim financial report or such a report concerning any fund-raising activity of the organization. If required, this report shall be a requirement for renewal of registration.

Probation, Suspension, and Withdrawal of Registration

1. An organization may be placed on probation, be suspended or registration may be withdrawn by the designated authority of the institution for any of the following reasons:
   1. The organization fails to maintain compliance with the initial requirements for registration;
   2. The organization ceases to operate as an active organization;
   3. The organization requests withdrawal of registration;
   4. The organization operates or engages in any activity in violation of rules and regulations of the institution or federal or state laws; or
   5. The organization fails to submit any required reports.
2. An organization which is placed on probation may continue to hold meetings but may not sponsor any activity or program. An organization which is placed under suspension may not engage in or sponsor any activity or program and may not hold meetings. Where registration of an organization is withdrawn, it shall cease to exist as an organization.
3. In the event an organization is placed on probation or suspended, or registration is withdrawn on the basis of section 1-d, the organization shall be afforded the opportunity for a hearing before the appropriate institutional representative or committee. 

Officers of Student Organizations

No student who is under academic or social suspension from the institution shall be eligible to become, or maintain the status of, an officer of an organization.

Fiscal Procedures

1. Each organization shall maintain a sound financial system related to the collection and disbursement of revenues in accordance with general accepted accounting principles. An organization may be subject to audit by representatives of the institution at any time, and appropriate financial records shall be maintained for the purposes of audit.
2. Each organization shall designate an officer of the organization who is responsible for the collection and disbursement of funds and the maintenance of books and records.

Programs and Activities

1. The use of any campus property or buildings by an organization shall be subject to the rules and regulations of the Board and the institutions concerning use of property and facilities. All organizations registered pursuant to this policy shall be “affiliated organizations” for the purposes of any Board or institution policies concerning use of campus property and facilities.
2. Except for routine meetings of the organization, no on-campus program or activity shall be engaged in unless approved by the designated bodies and/or officials of the institution, and each institution may require prior approval of off-campus programs and activities. Prior to approval, the institution may require a specified number of officials or security officers for any event, activity or program.
3. Any fund-raising activity on campus shall be for the benefit of the organizations as a whole or a charity, and no funds shall be distributed to the officers or members of an organization for personal profit or gain.
4. No guest speakers shall be invited to the campus except pursuant to policies of the Board and the institution concerning guest or off-campus speakers.

Student Organizations

Student organizations and activities exist for the personal enjoyment and development of students at WSCC. Students are encouraged to become involved in the co-curricular student activities program and active student organizations. The benefits to be derived from such involvement cannot be measured nor graded; however, the contributions they make to the student’s total education cannot be overstated. The responsibility for the coordination of all student organizations and activities rest with the vice president for Student Affairs. The vice president for Student Affairs works closely with the Student Affairs Committee and the Student Government Association in carrying out this responsibility.

Student Clubs and Organizations

All would-be student clubs and organizations are required to seek approval to organize from the vice president for Student Affairs. Application forms and standards for the creation of student clubs and organizations are on file in the office of the vice president for Student Affairs. Clubs or organizations making application are required to submit a statement of purpose to specify criteria for membership, and outline rules of procedure for selection of members.

Criteria for selection of membership must be consistent with the purpose(s) of the club. Any student may apply for membership in any recognized club or organization and may be accepted for membership if the criteria established is met. No applicant shall be denied membership because of race, sex, creed or national origin. Students interested in joining a club should contact the club president, club advisor, or the vice president for Student Services.

Student Government Association (SGA)

The Student Government Association is the official voice of the student body at Walters State Community College. As such, it represents the feeling, values, and desires of the student body to the college administration. Members of the SGA serve on every major college committee except the faculty council. As such, members of this body are influential in every decision that is made which concerns this college and its students. All members of the SGA are elected by the student body. The SGA serves on the Student Affairs Committee which is responsible for the approval of every student activity that takes place on the Walters State campus. In addition, members attend annual conferences of the Tennessee Intercollegiate Legislature and other state student government activities. The SGA sponsors major social activities each year and advises the Student Affairs Committee concerning the initiation of additional student social activities. Concerned, responsible students are strongly encouraged to participate in the activities of the SGA.

More detailed information concerning the Student Government Association may be obtained by contacting the office for Student Services, Terry Harris, Room U182-Student Services Building, or the SGA Office, Room L113-Student Services Building.

Senators Pages

The Senators Pages consist of a specified number of students who serve as a host corps for the president of the college. Pages assist the president in receiving visitors to the college, visit area schools as representatives of Walters State, assist during registration, conduct tours of the campus for various groups visiting the college, and perform other duties as assigned by the office of the President. Students applying to become a Page must be a recipient of the Academic Performance Scholarship or selected through personal interview. Other criteria considered include leadership ability, character, poise, appearance, etc.

Additional information may be obtained by contacting Avery Swinson, Room 110C-CCEN.

Clubs

ACM Student Chapter

The purpose of this Chapter is to promote an increase in knowledge and interest in the science, design, development, construction, languages, management, and applications of modern computing. Additionally, this club will encourage greater interest in computing and its applications. Faculty advisor is Mark Buckner, Room 248B-TECH.

Agriculture Club

The purpose of the WSCC Agriculture Club is to promote agriculture and to provide social activities for agriculture students. Faculty advisor is Misty Peters, Room 134-TECH.

Art Club

The purposes of the Art Club are to promote visual arts through exhibits within the community; to enhance knowledge and ideas, as well as critiques of both known and unknown artists; and to encourage an understanding and appreciation for all visual arts (i.e., painting, sculpture, photo, ceramics, etc.) among the entire student body, as well as the community. Faculty co-advisors are and Laura Osteen, Room 205-CCEN, and Jessie Van der Laan, Room 148A-HUM.

Astronomy Club

The purposes of the Astronomy Club are to make astronomical breakthroughs more visible in the daily lives of students through all available means of communication; facilitate individual astronomical observing opportunities; enable as many laypeople as possible, especially children, to look at the sky through a telescope and gain a basic understanding of the universe; and involve local astronomical communities of the developing nations, thereby providing examples of how outreach and education is carried out in different parts of the world. Faculty advisor is Dr. Elena Owen, Room 106-WSCE

Baptist Collegiate Ministry

The Baptist Collegiate Ministry was organized in 1971 with the purpose to “unite students and promote Christian growth through Bible study, worship, fun and fellowship.” The club is open to students of all denominations. The BCM receives support from the Nolachucky Baptist Association and the Tennessee Baptist Convention. Club activities include weekly meetings with speakers, share sessions, weekend retreats, state meetings and a summer conference at Ridgecrest, North Carolina. The faculty advisor is Marlin Curnutt, Room 031-WSCE and the director is Damon Billings, BCM Building.

Black Student Union

The Black Student Union (BSU) gives students the opportunity to create footprint for excitement, growth, and memories.  The BSU celebrates uniqueness, and serves prepares the leaders of tomorrow. Advisors are Roxanne Bowen, U144-SSB and Aqilah Rashid, 126D-CCEN.

Business Management Student Association

The purpose of the Business Management Student Association is to recruit, assist, organize, and promote the interest and success of business students and for those interested in business-related careers, business development, service learning, civic involvement, and other related activities. Faculty advisor is Glenn McGuire, Room 232-TECH.

Claiborne Christian Ministries

The purpose of this club is to build the spiritual faith of students on the Claiborne County Campus. Students take part in Bible studies, service projects and other activities to assist students and build their faith. The faculty advisor is Marlin Curnutt, Room 031-WSCE.

Claiborne Service Learners Club

The primary purpose of the Claiborne Service Learners Club is to volunteer our time and resources in an effort to help meet the needs of our community, campus, and fellow students. Our objective is to find individuals, other organizations and clubs, area schools, community, campus, and fellow students. Our objective is to find individuals, other organizations and club, area schools, community projects, campus projects and help them accomplish their goals. Co-advisors are Kimberly Bolton, Room 028-WSCE and Aaron Young, WSCE.

Communication Club

The purpose of the Communication Club is to promote the study, teaching, and application of the principles of communication through educational and social functions that are relevant to the membership of the club. Our objectives include (1) recognizing, fostering, and rewarding outstanding achievement in communication studies; (2) stimulating interest in the field of communication; (3) promoting and encouraging professional development among communication majors; (4) providing opportunities to discuss and exchange ideas in the field of communication; (5) establishing closer working relationships between students and communication professionals; (6) exploring options for continuing education in communication; (7) finding opportunities to use communication studies in community service. The faculty advisor is Matthew Lawson, Room 148D-HUM.

Culinarians Guild

The purposes of the Culinarians Guild are to offer opportunities to become involved and gain the maximum amount of valuable experiences available to the benefit of the students; to share and further professional knowledge and skill in the culinary field through hands-on culinary techniques and experiences; to promote passion and enthusiasm within the culinary profession; to encourage the success, growth, and future of fellow culinarians; to create an unbreakable bond among the culinary students and our chefs that will extend into our professional lives; and to instill pride in the students in order to improve the standards and expectations in the professional workplace. Faculty advisor is Chef Jane Overman, Room 129-CAPE.

Debate Club

The purposes of the Debate Club are to teach students how to better communicate with each other and hold debates and other speaking activities on and off campus. Faculty advisor is Belle Elliott, Room 109-HUM.

Drama Club

The purpose of the Drama Club is to promote an understanding of cultural acts to the college and community through productions for the student body, workshops for youth and community, and small productions for charitable organizations. Faculty advisor is T.J. Kent, Room 115-HUM.

History Club

The purpose of the History Club is to promote awareness of history through intellectual club activities (i.e., intellectual discussions, debates, guest speakers, field trips, community service, and club socials. The faculty co-advisors are Dennis Deeb, Room 218-ACAD and Philip Kledzik, Room 111-MBSS.

International Club

The purpose of the International Club is to share information about different cultures and traditions within the college community. Faculty advisor is Bambi Pelham, Room 215C-CCEN.

International Club of Sevier County/Spanish Honor Society, Sociedad Honoraria de la Legua Espanola

The purpose of the International Club of Sevier County is for the promotion and education of students about international issues and cultures.  The Club will be composed of persons who share an interest in international cultures and issues.  It will give students a common bonding activity outside of their academic studies at Walters State and give them a change to interact with the international community that exists in Sevier County both on and off-campus.

The purpose of the Spanish Honor Society, Sociedad Honoraria de la Lengua Espanola is to recognize Walters State students who excel in the study of the Spanish language and Hispanic culture and encourage students to seek a more in-depth understanding of Hispanic culture.  The faculty advisor is Erika Stevens, Room 128-ACAD, Sevier County Campus.

Morristown Choir Club

The purpose of the Morristown Choir Club is to promote musical activities and concerts on campus and throughout the community. Faculty co-advisors are Clay Oglesby, Room 117-HUM, and Elissa Keck, Room 148E-HUM.

Music and Theatre Club-Sevier County

The purposes of the Sevier County Music and Theatre Club are to foster community among students- music majors and non-majors alike; create student performance opportunities and collaborations; to promote musical activities and concerts on-campus and within the community; to develop leadership skills in students through practicalities of music event organization, rehearsals, and performances; and to participate in community outreach.  The faculty advisor is Laura Weathersby, Room 145-CAPE.

Music Club

The purpose of the Music Club is to promote musical activities and concerts on campus and throughout the community. Faculty advisor is Laura Ritter, Room 126-HUM.

Phi Theta Kappa

The Alpha Beta Iota Chapter of Phi Theta Kappa International Honor Society received its charter May 8, 1975. Phi Theta Kappa is the only honor society recognized by the American Association of Community and Junior Colleges. Membership is by invitation to students who have completed at least 12 hours of college credit while maintaining a 3.5 grade point average. The purpose of Phi Theta Kappa is to promote scholarship, leadership, fellowship, and service between the college and community. The faculty co-advisors are Dr. Lisa Eccles, Room 120-NSCI.

Physical Therapist Assistant Club

The purposes of the PTA Club is to provide interested students with an organization to further develop PTA students’ career opportunities and to enhance their knowledge of current developments in the field of physical therapy. Proposed activities include conducting meetings to discuss problems members may be having, as well as providing a forum for former PTA students to speak on experiences in the profession. Members may attend state and national seminars to further their professional development. The faculty advisor is Donna Cox, Room 259-TECH.

PSYC!

The purpose of PSYC! is to provide students on the Greeneville/Greene County Campus with activities to increase student engagement and learning experiences that will provide the students informatin about psychology as well as opportunities to interact with members of the Greeneville/Greene County Campus and local community. Faculty advisor is Ray White, Room 104-WSGC2.

Respiratory Care Club

The purpose of the Respiratory Care Club is to foster interest in the Respiratory Care profession. The faculty advisor is Sara Smith at the Niswonger Campus.

Science Club

The purposes of the Science Club are to promote learning in the field of science, encourage fellowship among members, and broaden knowledge of the practical applied aspects of science. Faculty advisor is Kristin Rich, Room 116-NSCI.

Senators Central Navigators

When visiting Senators Central at Walters State, both prospective and current students may receive assistance from Senators Central Navigators. The Senators Central Navigators are current Walters State students who are selected to represent the college and assist students with navigating the college process. Navigators lead individual campus tours, serve as representatives of the College at local schools/businesses and meet with students one-on-one on a daily basis in Senators Central; located on the Morristown Campus. To learn more about becoming a Senators Central Navigator, contact: Kellee Collins, Room U115, SSB.

Service Learners of WSNC

The purpose of the Service Learners of WSGC is to volunteer our time and resources in an effort to help meet the needs of our community. Our objective will be to find individuals, other organizations and clubs, area schools, community projects, and help them to accomplish their goals. The advisor is Dr. Jaime Parman-Ryans, Room 211-WSNC on the Niswonger Campus.

Sevier County Ambassadors

The purposes of the Sevier County Ambassadors are to foster and promote fellowship among the student body, promote college activities, and provide opportunities for community-related service projects. The co-advisors are Dr. Jama Spicer-Sutton, Room 100C-MMH and Matt Lee, Room 100-MMH on the Sevier County Campus.

Social Sciences Club

The purpose of the Social Sciences Club is to promote a general understanding of human interaction and the influences on society and to provide community service. The faculty co-advisors are Dr. Jacquelyn Larson, 117-MBSS; Mr. Jason Dixon, 119-MBSS; and Christopher Beverly. 

Student Nurses Association

WSCC’s nursing program became an official constituent member in 1999. The mission of the Student Nurses Association is to promote the development of skills that students will need as responsible and accountable members of the nursing profession, and to advocate for high quality health care. The faculty advisor is Beth Cruz, 118C-TECH.

Student Occupational Therapy Association (SOTA)

SOTA enhances knowledge of occupational therapy through professional, educational, community, and social activities. The organization will facilitate camaraderie among students and provide meaningful, productive interaction with faculty. The faculty co-advisors are Courtney Boren, Room WSNC; and John Pruett, Room 287-WSNC.

Surgical Technology Student Organization

The purpose of the Surgical Technology Student Organization is to expose students to the field of surgical technology, to interact with current surgical technology students, have hands on experiences with surgical simulation and instrumentation, and have opportunities for community outreach and volunteer work. You do not have to major in AS Health Sciences on the Surgical Technology Path to be eligible for this club. Faculty Advisors are Stephanie Austin, 250-KOH and Victoria Findlay, 251-KOH.

Student Tennessee Education Association (STEA)

The purposes of the Student Tennessee Education Association are to promote leadership training for future teachers, to provide special services for all field experience, to serve as an active voice for student teachers, and to meet other student education members in Tennessee as part of the Student National Education Association. The faculty co-advisors are Dr. Cary Jenkins, Room 120-MBSS; and Darlene Smith, Room 136-MBSS.

S.W.A.T. (Students Working to Advance Technology)

The purposes of S.W.A.T. are to assist students and faculty with troubleshooting their mobile devices, provide technology tool presentations, and work one-on-one as needed. Faculty co-advisor is Darlene Smith, Room 136-MBSS.

S.W.O.R.D. (Students Who Occasionally Roll Dice)

The purposes of S.W.O.R.D. is to provide students with opportunities for critical thinking and problem-solving in a low-stress, fun, and engaging environment;  provide students with a creative, productive outlet that is not tied to any assessment; provide students a chance to further build bonds of companionship and social networking with their peers; and  provide students with another reason to come to campus and enjoy their time there, in turn increasing the likelihood that they will remain students. Faculty co-advisors are Kenneth Hill, Room 207A-CCEN, Morristown Campus; and Jay McMahan, Room 126-ACAD, Sevier County Campus.

Tennessee Intercollegiate Student Legislature

This club’s purpose is to foster a greater understanding of state government and to develop future leaders. TISL meets each November at the state capitol in Nashville where students from across Tennessee gather for a four-day mock legislature. Students write, debate and then vote on bills during the General Assembly. TISL is open to students from any major. The faculty advisor is Marlin Curnutt, Room 031-WSCE.

Walters State Folk Club

The purpose of Walters State Folk Club is for students to interact with each other and the community in order to preserve and celebrate our heritage by learning, sharing, collecting, and participating in local, regional, and national folk traditions. For additional information, contact Chippy McLain, Room 148P-HUM.

Word Up Club

The purposes of the Word Up Club are to promote interest in, to stimulate awareness of culture events related to, and to recognize excellence and achievement in English and the Humanities. Faculty advisor is Sherri Mahoney Jacobs, Room 148J-HUM.

Student Activities Program

Faculty Advisors

Members of the Walters State administrative staff or faculty are appointed to supervise each official college extra-class activity. It is the purpose of this person to ensure the activity is conducted safely, in compliance with college policies, does not infringe upon the rights of others, and meets the objectives for which the activity was planned. Each request for approval of an extra-class activity which is submitted to the office of the vice president for Student Services for approval must include the name of the faculty person or administrator who is to supervise the activity.

Student Activities/Access Fee

The president of Walters State Community College, after a recommendation by the Student Government Association and approval by the student body, approved the collection of a $8 activity/access fee from each student enrolled in a credit course on campus during each semester of the academic year. This action was taken pursuant to authority granted the college and the Student Government Association by Chapter 606 of the Tennessee Public Acts of 1978. The collection of this fee will be beneficial to Walters State’s students by (1) providing additional scholarships to WSCC students, (2) increasing the amount of major student activity programming, (3) assisting all student organizations by providing funding for operational budgets and operational needs, and (4) supplementing the Student Government Association budget so as to increase the organization’s ability to deliver improved services to students.

International Activities

The term “international” is defined as reaching beyond the national and cultural experiences of our students and enabling them to study the culture and national affairs of other nations.

Building on the foundation that emphasizes learning outcomes, applied experiences, and celebration of global diversity, the college provides international experiences for students. These international experiences are created to provide the following outcomes to students:

• experiences supporting professional growth, personal enrichment, and lifelong learning;
• cultural enrichment programs and activities that promote the arts and illuminate the heritage of the contemporary world;
• public service efforts in support of global economic, workforce, and community development;
• programs, services, and activities designed to enhance student learning, achievement, personal development, sense of civic responsibility, leadership skills, and general welfare from an international perspective; and
• opportunities for international travel through both internally developed trips and through the Tennessee Consortium for International Studies (TnCIS).

Entertainment

Many outstanding entertainment programs are brought to the Walters State campus each year for your pleasure and personal development. Outstanding artists and lecturers from Los Angeles, Chicago, New York, and Atlanta appear on our campus throughout the year to present very fine musical, dramatic, comedy, and lecture-type programs. In addition, many fine musical, dance, and drama groups from local colleges and universities appear to contribute their talents throughout the year.

We suggest that you plan your study, lab, and library work periods so that nothing will prevent you from enjoying these fine performances which are brought here only for you.

Watch for these outstanding events and attend as many as you possibly can. They will be advertised through the college website, online events calendar, social media. 

Social Activities

Many social activities are planned around the nucleus of student clubs and organizations. In addition, several college sponsored activities are planned throughout the year. These are publicized and announced well in advance so that you may make plans to attend. These activities are provided for you, and we hope that you will find time to attend as many of these as you possibly can.

Honors

Each year the Student Affairs Division, in cooperation and coordination with the staff and faculty, sponsors a Student Honors Day for the purpose of recognizing those students who have been leaders and outstanding participants in academic and student development activities at Walters State during the year. Honors currently awarded include the following:

President’s Award for Most Outstanding Student - The President’s Award is presented to the student who is considered to be the outstanding Walters State student for the academic year. The recipient is recommended by a committee of faculty members and administrators appointed by the President. Criteria considered by the committee in making the recommendation are scholarship, character, and participation and leadership in academic and student development activities. The final selection is made by the President.

Who’s Who Among Students in American Junior Colleges - The staff and faculty select students each year from the sophomore class whose academic standing, participation in co-curricular activities, and community service are decidedly above average. Each faculty member and administrator in the college has an opportunity to nominate students to receive this award. Specifically, the award is based upon scholarship, participation, and leadership in academic and co-curricular activities, citizenship and service to the college, and promise of future usefulness.

Academic Awards - Awards are given in a variety of academic areas. The award areas are determined each year by the Academic Affairs Committee.

Athletic - Academic Achievement Awards are given in men’s basketball, women’s basketball, baseball, softball, and golf.

Student Publications

All student publications are official college publications and are representative of the total campus. Student publications have faculty, staff, and student editors. Students are needed and urged to join the staff of these publications as your contributions are vital to their success. Additional information may be obtained from the editors or the office of the vice president for Student Affairs.

Gallery is an annual anthology of original literature edited and published under the auspices of the English Department. The purpose of Gallery is to provide recognition to students who have written creative works deemed meritorious by the English Department and to stimulate appreciation of the creative efforts of these students. Faculty advisors for the Gallery are Sherri Jacobs and Jesse Vanderlaan Delaney.

R. Jack Fishman Library

The Library — a place which provides patrons with those materials that aid with learning — is also a place to study or to pursue leisure and/or self-enrichment. Students are encouraged to use the wide variety of available resources. The staff is here to provide assistance; feel free to ask.

Mission Statement

The Walters State libraries provide useful resources and innovative services to support the academic, occupational, and personal goals of the communities we serve.

Location

The Library is located at the north end of the campus.

Hours

When classes are in session: Monday-Thursday, 8 a.m.-5:30 p.m.

Summer hours: Monday through Thursday 8 a.m.-5:30 p.m.

The Library is closed when the administrative offices of the college are closed.

Library Patrons

The Library is open to students and employees of the college and all residents of the Walters State service area. Residents of the service area, age 18 years or older, may request a community account to use the resources in the Library. Community users are permitted to use the Library during the designated time period of 2-4 p.m. Community accounts expire one year from the date issued. Alumni and partnership library users are permitted to use the Library during regular library hours.  

A Library account is issued to any registered student, faculty member or staff member of WSCC. The Library account entitles patrons to borrow materials in accordance with the circulation policy stated below.

In consideration of other Library users, everyone is expected to be reasonably quiet. Children must be accompanied by an adult and are not permitted to use computers.

Library Materials

All materials, whether print or non-print, will be listed in the electronic catalog by author, title and subject. The catalog is accessible through the Walters State Library website at library.ws.edu.

The type of loan periods are:

• Library use only: These materials may not leave the Library.
• One-week checkout: Materials are due within one week of checkout.
• Four-week checkout: Materials are due within four weeks of checkout. 
• Semester checkout: Materials are due one week prior to the end of the semester.

   All materials become due on the last day of exams.

General Collection

The general book collection is placed on open shelves using the Library of Congress Classification System. 

Books may be returned to the circulation desk or the book drop adjacent to the Library.

Books from the general collection may be checked out for a period of four weeks. A book may be renewed for a second four-week period after it has been returned to the Library. Books are due on the last day of exams regardless of the checkout day. All books and materials must be returned each semester to permit the release of grades, further course enrollment, or the transfer of official records. Materials can be recalled before the date due if they are to be placed on reserve for a class. Materials that have been damaged or lost are the responsibility of the borrower. The borrower will pay the list price of the materials plus a processing fee.  

Faculty, staff and students may reserve or place a “hold” on a book that has been checked out by another student. When the book is returned, the person who requested the “hold” will be notified and given three days to pick up the book.

Reference books

Reference and law books are available for use in the Library, but may not be checked out. Reference librarians are available for consultation and special requests.

Textbooks

A limited number of textbooks are available for student use at the circulation desk. They may be used inside the Library. Students may copy one chapter or less than 10% of the textbook. These materials are limited in number and have a two-hour loan period in order for more students to have access.

Interlibrary Loan

The library offers Interlibrary Loan (ILL) services to WSCC students and employees. This service provides materials that the Library does not own, but are available through other libraries, such as books, articles and DVDs. Materials can be requested through the Library’s website or circulation desk. Due date is given at checkout.

Equipment

The Library provides laptops and calculators for students to check out for the semester. The Library also checks out video production packages and cameras to students who are registered for specific classes. 

To check out equipment, students must:

• Provide a valid ID.
• Be a current Walters State student.
• Reserve equipment online.
• Sign and agree to WSCC Library’s computer-use policy.

Students must return all items (charger, case, etc.) to the circulation desk by the assigned due date.

Failure to return equipment and accessories by the due date will result in:

• The student may be denied checkout of equipment for the remainder of the semester.
• A police report may be filed.
• Campus Police may take immediate legal action.
• The student may be held liable for replacement charges for lost or damaged equipment.

If a student fails to return by the due date a second time during another semester, the student may be permanently banned from checking out Library equipment.

Only one device may be checked out at a time.

Computers

The Information Center (LIB 223) contains computers for student use. The Library has an additional smaller computer lab (LIB 201) that is available as needed. These labs are available for reservation college-wide.

Academic Study Spaces

There are eight academic study rooms (LIB 114-121) on the first floor equipped with computers and wall-mounted monitors. In addition, LIB 107 is an academic group study room equipped with a monitor and computer to accommodate large study groups. The Library has three additional study rooms that are designated as quiet spaces and equipped to accommodate BYOD, or “bring your own device.” The Library has modern furniture designed to create an atmosphere that encourages studying and collaborating.

On the third floor, there is a large room (LIB 302) that can be used for meetings or group study with a wall monitor and computer.  

These rooms are available for reservation on a first-come, first-served basis.

Collaboratories

Located beside the Information Center, the Collaboratory (LIB 222) is a specialized group study room using the latest in technology and furnishings. The wall-mounted monitor is designed to bring together people and information to boost collaboration and help teams excel. Another Collaboratory/Relaxation room is located on the first floor (LIB 109). This room is equipped with Collaboratory technology and includes four massage chairs. 

Collaboratories are available for reservation to groups of 3 or more.

Library Auditorium

The library auditorium (LIB 102) has 37 theatre-type seats with writing surfaces. The room is equipped with sound and Zoom Room technology that enables the user to conference other WSCC campuses. The room is designated for short-term conferences, special events and group meetings. For consultation on operating the equipment or troubleshooting, contact the IET Computer Help Desk at 423-318-2742.

To reserve this room, complete the online facilities request form.

Apple Lab

The Apple Lab (LIB 110) is used by the Communication and Photography departments to enhance the educational experience.  

Use of the Apple Lab is permitted by the Communication Department. 

Video Production Room

The Library houses a Video Production Room (LIB 101). This room contains equipment needed to produce a video or commercial. The room is soundproof and has a green screen to enhance video production. The room is primarily used by the Communication Department.  

Use of the Video Production Lab is permitted by the Communication Department. 

Policy on Use of Campus Property and Facilities

Purpose

The purpose of this policy is to provide a uniform basis upon which the institutions and area vocational-technical schools governed by the Tennessee Board of Regents can regulate the use of campus property and facilities by affiliated and non-affiliated groups, organizations and individuals. The policy is intended to provide a system of regulations calculated to promote the orderly conduct of activities on campus property and in campus facilities; to prevent the interruption of or interference with normal missions, processes and functions of the institutions and schools; to promote an educational rather than commercial atmosphere on campus; to prevent commercial exploitation of students; to preserve residential tranquility and to prevent use of campus property and facilities contrary to federal, state or local law or regulation, or policies or regulations of the Board of Regents or the institutions and schools.

Definitions

1. For the purposes of these regulations, the following definitions shall apply:
   1. “Student” - a person who is registered for a credit course or courses, or a non-credit course or program at the institution or school, including any such person during any period which follows the end of an academic period which the student has completed until the last day for registration for the next succeeding regular academic period.
   2. “Guest” - a person invited by a student, official or employee of the institution or school to visit the campus at a specific time and place.
   3. “Affiliated Group or Organization” - an officially registered student group or organization, or a group or organization funded by and/or sponsored by the institution or school or a group or organization of faculty or other employees of the institution or school approved by the president or area school director. The term shall include any alumni association, booster club, etc., which is organized and operated for the benefit of the institution or school.
   4. “Non-affiliated Group or Organization” - any group organization which is not an “affiliated group or organization”.
   5. “Affiliated Individuals” - persons connected with the institution or school including the institution’s or school’s students, faculty, staff and guests.
   6. “Non-affiliated individual” - Any person who is not an “affiliated individual.” 

Access to Campuses

1. The campuses and facilities of the institutions and schools are restricted to students, faculty, staff and guests of the institutions or schools, except when part or all of a campus, its buildings or facilities are open to the general public for a designated time and purpose, or when use by non-affiliated groups, organizations or individuals has been granted or approved pursuant to the provisions of this policy or the policy of the individual institution or school.
2. All persons on the campus of any institution or school shall be subject to all rules and regulations of the institution or school, and the Board which are applicable to the conduct of students on campus, and to all applicable federal and state laws and regulations. In addition, all persons who operate motor vehicles on the campus of any institution or school agree by such operation to be subject to institution or school, and Board rules, regulations, policies and procedures of traffic and parking.
3. All persons on the campus of any institution or school shall provide adequate identification upon request to appropriate officials and police personnel of the institution or school. Personnel and students of the institution or school who refuse to provide such identification may be subject to disciplinary action. Other persons who refuse to provide identification shall be requested to leave the campus, and if they refuse, may be subject to lawful removal and prosecution.

General Conditions for Use of Property and Facilities

1. Use of campus property and facilities, pursuant to prior approval as hereinafter required for meeting or other activities, is subject to limitations on the number of persons who may attend in accordance with appropriate building and fire codes and safety standards.
2. Regulations of the individual institutions and schools which relate to the conduct of assemblies, meetings and demonstrations of affiliated groups, organizations and individuals shall apply to assemblies, meetings and demonstrations of non-affiliated groups, organizations and individuals.
3. Sound amplification equipment may be used by groups, organizations and individuals at assemblies, meetings and demonstrations only when prior approval has been granted by the appropriate official of the institution or school; provided, however, that such sound amplification is subject to reasonable regulation by the institution or school with respect to time, place, manner and volume.
4. Institution or school equipment may be used in connection with the use of campus property and facilities only with the approval of, or under the supervision of approved institution or school personnel.
5. Each institution and school shall establish a system whereby affiliated groups, organizations and individuals are given priority in the use of property and facilities. This system may result in a request for use submitted by a non-affiliated group, organization or individual being held in excess of the seven-day period referred to in Section “General Procedure-Application for Use of Property or Facilities,” Paragraph 3. Such requests will be considered in the order received. The decision to grant or deny the requests will be made at least 10 working days prior to the date of the requested use.
6. Campus property and facilities may not be used by any non-affiliated group, organization or individual for the conduct of profit-making activities except when a rental or lease agreement is negotiated and the institution or school receives a fair rental value for the property or facilities used. Rental or lease agreements may be required for non-profit activities of non-affiliated groups, organizations or individuals provided that rental charges for such use may be reduced or waived in the discretion of the institution or school depending upon the nature and extent of the proposed use.
7. Rental rates may include the fair market of providing the property or facilities which may include overhead, depreciation, maintenance and security expenses. Rental charges may be based in part upon a fixed percentage of the gross receipts of the activity with a minimum of rental charge for use of the facilities.
8. All rental or lease agreements between the institution or schools and non-affiliated groups, organizations, or individuals must be approved by the Chancellor or the Board of Regents, or designee if such agreement deviates from Guideline G-030.
9. In utilizing campus property or facilities, non-affiliated groups, organizations and individuals shall provide: 1) adequate bond or other security for damage to the property or facilities during the period of the use; 2) personal injury and property damage insurance coverage; 3) a performance bond or insurance guaranteeing or insuring performance of its obligations under the contract; and, 4) other types of insurance in such amounts as are designated by the institution or school; provided, that the institution or school may waive the requirements of security, performance bond or insurance coverage.
10. All non-affiliated groups, organizations and individuals agree, by making application for registration of an activity and by subsequent use after approval by the institution or school, to indemnify the institution or school and hold it harmless from any and all liabilities arising out of such group’s, organization’s or individual’s use of the property and/or facilities of the institution or school, including, but not limited to, personal injury, property damage, courts costs and attorney fees.
11. Affiliated groups, organizations and individuals may be assessed the cost of providing maintenance and/or security required as a result of their use of campus property or facilities.

General Procedure - Application for Use of Property of Facilities

1. Regular or special meetings of affiliated groups or organizations may be planned and scheduled according to procedures established by this policy, or according to procedures established by the individual institution or school. All other gatherings at a central location on campus property which are sponsored or instigated by affiliated groups, organizations or individuals may be permitted without prior registration only at such times and locations as may be designated by the president of the institution or the director of the area school, or designee.
2. Any affiliated group, organization or individual desiring to use campus property or facilities at any time, and/or locations other than those designated pursuant to paragraph 1 above, and all non-affiliated groups, organizations or individuals desiring use of campus property or facilities must submit a written application for registration of the proposed activity at least 14 days in advance (excluding weekends and holidays) to the appropriate official at the institution or school; provided, however, that the president of the institution or director of the area school or designee, may approve applications for registration filed at a later time upon such official’s determination that the use of property requested can be reasonably accommodated and that adequate cause exists for late filing of the application for registration. Approval of late applications shall be within the sole discretion of the president of the institution or the director of the area school, or designee. The decision of such official is final. Applications shall be submitted on a form designated by the Chancellor of the Board of Regents, or designee.
3. With the exception of the provision found at Section “General Conditions for Use of Property or Facilities,” Paragraph 5, written notice of approval or disapproval of the proposed use of campus property or facilities shall be made available to the applicant group, organization or individual within seven days (excluding weekends and holidays) from the time an application for registration is submitted to the appropriate official at the institution or school, at the office of the designated official at the institution or school. Notice of disapproval of the proposed use shall include the grounds for disapproval. Notices will not be mailed or delivered; it shall be the responsibility of the applicant to inquire at the office of the designated official as to the decision concerning the application, and the time and location in which the activity is authorized.
4. No assembly, meeting, demonstration or other activity shall be authorized or permitted on any property or in any building or facility, and an application for registration may be denied when:
   1. A determination by the appropriate official or body of the institution or school is made that the requested use would cause substantial disruption or interference with the normal activities of the institution or school conducted in the course of its lawful mission, processes and functions.
   2. A determination is made that the requested use would be contrary to federal, state or local law or regulation, or policies or regulations of the Board of Regents, the institution or school.
   3. The applicant or sponsor of the activity has not fully provided accurate or complete information required on the application for registration.
   4. The applicant or sponsor of the activity has been responsible for violation of subparagraphs a, b, or c above during a previously registered use of campus property or facilities, or has violated any conditions or assurances specified in a previous registration application and the institution or school has reasonable cause to believe such violation will reoccur.
   5. Approval for use of the property or facilities has previously been given to another group, organization or individual for the time(s) and location(s) requested.
   6. Use of the property or facilities requested would be impossible due to set-up time and/or take-down time required for other previously scheduled activities at the requested location immediately before and/or after the requested use, or due to other extenuating circumstances.
   7. The activity is of such nature or duration that it cannot reasonably be accommodated in the particular area for which application is made, provided that in such event, an alternative on-campus site, if available for the activity, shall be proposed by the institution or school.
   8. The activity creates or would create a danger, or dangerous condition impacting on the health, safety, and welfare of others.
   9. Such use conflicts or would conflict with existing contractual obligations of the institution or school.
5. Any group, organization or individual whose timely application for registration for use of property of facilities of the institution or school is denied for reasons cited in subparagraphs a, b, d, g, h, or i of paragraph 4 above shall have the right to appeal that denial to the president or area school director, or designee. Notice of appeal shall be made in writing during normal business hours of the institution or school no later than five days (excluding weekends or holidays) prior to the time of the proposed event. The decision of the president or the area school director, or designee, shall be made at least four days before the time of the event.
6. Affiliated and non-affiliated groups, organizations, or individuals may sell or distribute literature only in conjunction with their authorized presence on campus after such proposed sale or distribution has been registered with and approved by the appropriate official of the institution or school as specified in paragraph 2 above. Any application for registration shall include, but not be limited to the name of the applicant; the name of the organization, if any; the date, time, duration and location of the proposed sale or distribution; and , the number of participants, and shall be on a form which has been designated by the Chancellor of the Board of Regents, or designee.
7. Applications for registration by affiliated and non-affiliated groups, organizations or individuals required in paragraph 6 above to distribute or sell literature shall be denied in the event that: 1) a prior application for registration for the same time and location has been made which has been or will be granted; 2) the location is or will be in use for the same time by an affiliated group, organization or individual; 3) the activities would not reasonably permit multiple occupancy of the particular area; 4) the sale or distribution will present a clear and present danger to the public health or safety; 5) the number of persons engaged in the sale or distribution exceeds the number that can reasonably be accommodated in the particular location applied for; or, 6) the activity would constitute a violation of applicable law or regulation, or any other provision of this policy.
8. No demonstration, distribution or sale of literature, or solicitation unless otherwise permitted elsewhere by this policy shall be permitted within: 1) classroom, library or other academic building or facilities; 2) administrative and employee offices and work areas; or, 3) student residence halls, dormitories or apartment buildings. However, an institution or school may permit distribution of sale of literature in designated locations within the lobbies or other general use areas of the above buildings or other campus facilities designated for the placement of literature for distribution or sale.
9. Any group, organization or individual whose application for registration required by paragraph 6 above is denied shall have the right to appeal that denial to the president or area school director, or designee. Notice of appeal shall be made in writing during normal business hours of the institution or school no later than five days (excluding weekends and holidays) prior to the time of the proposed sale or distribution. The decision of the president or area school director, or designee, shall be made at least four days before the time of the proposed sale or distribution.

Particular Uses

1. Political Use
   1. The use of campus property or facilities for speaking engagements by candidates for political office or for other political activities whether at the request of an affiliated or non-affiliated group, organization or individual shall be subject to the registration requirements and procedures specified above and shall be subject to the regulations of the institution or school concerning other types of meetings or activities on campus property or in campus facilities.
   2. When campus property or facilities are used for political purposes, reasonably equal opportunity shall be provided for presentation of all sides or views or reasonably equal access to the property or facilities shall be provided all sides.
   3. No campaign posters, signs or other items of campaign or political advertising may be placed on campus property or facilities, except as specified in subparagraphs d and e below.
   4. Students may place campaign posters, signs or other items of campaign or political advertising, whether pertaining to a campus or general election within dormitory residence provided such placement is made in such a way as to not damage or destroy campus property.
   5. Affiliated and non-affiliated groups, organizations or individuals, with the exception of state employees, may place campaign posters, signs or other items of campaign or political advertising, whether pertaining to a campus or general election, on bulletin boards or other locations on campus specifically designated for such use by the institution or school. Any distribution of such material may be made only subsequent to the registration and approval process.
2. Religious Use
   1. Campus property and facilities may be utilized by affiliated groups or organizations for the purpose of religious worship or evangelical activities subject to the specified registration requirements and procedures.
   2. Non-affiliated groups, organizations and individuals may utilize campus property and facilities on a temporary basis for the purpose of religious worship or evangelical activities subject to the specified registration requirements and procedures.
3. Literature Distribution or Sale
   1. Any proposed distribution or sale of literature by an affiliated or non-affiliated group, organization or individual is subject to the specified registration requirements and procedures.
   2. Any literature which is, or which is proposed to be, distributed or sold shall comply will all applicable federal, state and local laws and regulations, and with the regulations and policies of the institution or school, and the Board of Regents. No obscene literature or material shall be distributed on any property owned or used by an institution or school.
   3. No literature, material or other printed matter shall be sold or distributed within: 1) classroom, library or other academic building or facilities; 2) administrative and employee offices and work areas; or, 3) student residence halls, dormitories or apartment buildings. However, an institution or school may permit such sale or distribution in designated locations within the lobbies or other general use areas of the above-noted buildings or other campus facilities designated for placement of literature for distribution or sale. Further, this shall not restrict a faculty member from distributing within the classroom non-commercial material related to the particular course or subject matter.
   4. Each institution and school shall designate the locations on campus which are available for the sale or distribution of literature. In addition to those areas designated in subparagraph c above, the institution or school shall prohibit the sale or distribution of literature in all areas where such would: 1) cause injury or damage to campus resources; 2) unreasonably impair the academic atmosphere of the campus; 3) unreasonably interfere with the academic program and other activities of the institution or school, or with the administrative functions of the institution or school; or, 4) substantially impair the use of facilities or services on the campus, or the flow of vehicular or pedestrian traffic.
   5. No person, whether distributor or recipient of literature, shall cause any litter to occur on the campus of an institution or school, and literature shall only be discarded in trash receptacles on campus.
   6. Persons engaged in the sale or distribution of printed matter shall not obstruct or impede pedestrians or vehicles, harass other persons with physical contact or persistent demands, misrepresent the purposes of affiliations of those engaged in the sale or distribution, or misrepresent whether the printed matter is available without cost or donations.
   7. The institution or school shall have the right to terminate the distribution or sale of literature by any group, organization or individual which violates the provisions of this policy.
4. Solicitations
   1. Except as is otherwise permitted by this provision, solicitation for purely commercial purposes is prohibited on all property owned or used by an institution or school, provided that solicitations by the institution or school and solicitations by vendors incidental to the vendor providing services on behalf of the institution or school pursuant to a contract between the institution or school and the vendor are permissible.
      “Solicitation” will not be considered to include activities or events engaged in by affiliated groups, organizations or individuals for the purpose of raising funds to meet expenses of the group, organization or individual. The funds raised by such activities or events shall be used for the benefit of the group, organization or individual, or for charity and no funds shall be distributed to the officers, members, or any individual for personal profit or use. For purposes of this provision the following activities are not prohibited:
      1. Advertising, as permitted by this policy:
      2. Sale or distribution of commercial literature as permitted by this policy;
      3. Conversations or communications between a dorm resident and a properly admitted guest notwithstanding the commercial content of the conversation or communication; provided, however, other dorm residents may not be solicited for the purposes of selling a product or service or enrolling the individual in a contest, program or other commercial venture; or
      4. Conversations or communications between a resident of University owned apartments and a properly admitted guest notwithstanding the commercial content of the conversation or communication, provided the conversations or communications are confined to the specific unit of the resident inviting the guest or other area properly reserved by the resident for such purpose.
   2. Solicitation and fund-raising activities other than for purely commercial purposes may be conducted on property owned and used by the institution or school by affiliated groups, organizations or individuals, charitable organizations holding such activities with the sponsorship of the institution or school or the State of Tennessee, or non-affiliated groups, organizations or individuals subject to the specified registration requirements and procedures of Section “General Procedure-Application for Use of Property or Facilities,” paragraphs 2 through 5.
   3. No solicitation of charitable funds shall be permitted unless the group, organization or individual provides evidence to the institution or school demonstrating that the proposed activity is in accordance with, or exempt from, the provisions of T.C.A. Sections 48-3-501 through 48-3-518.
   4. Solicitation in conjunction with the distribution of literature is subject to the provisions of Section “Particular Uses” paragraph 3.
   5. Solicitation of dues and/or membership in an organization is permissible only by affiliated groups, organizations or individuals.
   6. Solicitations shall only be permitted in those areas designated by the institution or school pursuant to the conditions of Section “Particular Uses,” paragraph 3, subparagraphs c and d, application for registration of a solicitation may be denied for any of the reasons set forth in Section “General Procedure-Application for Use of Property and Facilities,” paragraphs 4 and 7; and persons engaged in solicitation shall comply with the provisions of Section “Particular Uses,” paragraph 3, subparagraph f.
   7. No funds solicited on campus property shall inure to the benefit of any individual unless contributions are requested for the relief of an individual specified by name at the time of solicitations, and all funds contributed are turned over to the named beneficiary for use without any deductions whatsoever.
   8. An institution or school may require any group, organization or individual to verify the use, application or disposition of funds solicited on campus property.
5. Advertising
   1. No advertising signs, posters, or other material may be placed on any campus property or facility by any non-affiliated group, organization or individual; except that institutions and schools may permit advertising on specifically designated bulletin boards and other designated locations on campus. Affiliated groups, organizations and individuals may place advertising materials on campus property but only in such places as are designated by the institution or school.
   2. Institutions and schools may authorize the inclusion of advertisements in appropriate campus publications for a reasonable fee.
   3. Institutions and schools may permit limited advertising by groups, organizations or individuals when incidental to a donation of property or services to the institution or school pursuant to a contract with the institution or school.

Miscellaneous

1. Bulletin Boards
   1. Bulletin Boards may be designated for use by specific groups, organizations or individuals. Those groups, organizations or individuals authorized to use a bulletin board, the type of materials which may be posted on a board, the maximum size and duration of any notice, and other special conditions on use shall be conspicuously posted on each board, and shall control use of the board when posted.
   2. Each institution and school may require prior approval for the use of any or all bulletin boards on campus, and if required, the name of the official authorized to approve use of the board shall be posted on the board. Use of a board may be denied on the basis of one or more of the following: 1) the person or group is not authorized to use the board in question; 2) The material is not the type authorized for the board in question, or fails to meet any special conditions as posted on the board; 3) the material is obscene or otherwise violates any federal or state law or regulation of the institution or school; or 4) there is insufficient space available for the material on the board in question due to the previous posting of other materials.
2. The office of the official at each institution and school who is responsible for receiving and processing applications and registrations pursuant to this policy shall maintain a copy of the policy for inspection by groups, organizations, and individuals interested in the use of campus property and/or facilities and shall provide a copy of such policy upon request and payment of a reasonable charge.
3. Exceptions to this policy can be made upon approval of the Chancellor of the Tennessee Board of Regents.

Guest Speaker Policy

Guest Speaker Policy

The following off-campus policy of the Board of Regents shall be applicable to all institutions in the State University and Community College System of Tennessee.

1. The colleges and universities in the State University and Community College System recognize the right of officially recognized student and faculty organizations and groups to hear off-campus, or outside speakers on the various campuses. However, there is no absolute right to assemble or to make a speech at any time or place regardless of the circumstances, content of speech, purpose of assembly, or probable consequences of such meeting or speech, and the issuance of invitations to off-campus or outside speakers for any meetings, activities or events on campus shall be limited in the following particulars:
   1. A request to invite an outside speaker will be considered only when made by an officially recognized student or­organization or a faculty group recognized by the president of the college or university.
   2. No invitation by such an organized group shall be is­sued to an outside speaker without the prior written approval of the president of the institution, or such person as may be designated (hereinafter referred to as an authorized designee); provided that the president of an institution may authorize organizations to invite guest speakers for meeting of the organization without prior approval where attendance at the meeting will be limited to members of the organization and where no fee or compensation will be paid to the speaker.
   3. Any student or faculty organization meeting for which an outside speaker will be invited will be limited to members of the organization, provided that a request to invite an outside speaker may include a request to permit students or faculty members who are not mem­bers of the organization initiating the request, and/or other designated guest, to attend the meeting.
   4. A request to invite an outside speaker to whom any payment would have to be from college or university funds is subject to the availability of funds specifically programmed for that purpose, and no payment of any funds shall be made except pursuant to the Board of Regents’ Guidelines for Personal Service, Professional Service, and Consultant Service Contracts. In the event any college or university funds are approved for pay­ment, the meeting for which the outside speaker will be invited should be open to all students or all faculty members, or both, unless otherwise designated on the approval of the request.
   5. Any speaker request shall be made in writing by an officer of the student or faculty organization desiring to sponsor the proposed speaker not later than 10 days (excluding holidays and weekends) prior to the date of the proposed speaking engagements; provided that the president or authorized designee may approve exceptions to the minimum notice requirement in ap­propriate cases; and further provided that in the event the proposed outside speaker will be paid a total fee and expenses in excess of $2,500, the request must be submitted no later than 30 days prior to the date of the proposed speaking engagement. The request shall contain the name of the sponsoring organization, the proposed date, time and location of the meeting, the expected size of the audience, the name and address of the proposed speaker, and the topic of the speech. Any request not acted upon by the president of the college or university or authorized designee, within five days (excluding holidays and weekends) prior to the event shall be deemed denied.
   6. Any speaker request is subject to the availability of the requested meeting place for the meeting time and date requested. In the event the space requested is not available for the requested time and date of the meeting, or is otherwise inappropriate for the proposed meeting or the requested speaking engagement would cause substantial interference with the normal activities of the institution if conducted at the time and place requested, alternative meeting space which is available may be offered by the institution, or the sponsoring organization is free to request a more suitable date. Any space which is approved for a meeting is subject to limitations on the number of persons who may attend in accordance with appropriate building and fire codes and safety standards.
   7. A request for an outside speaker by a recognized organization may be denied if the president of the college or university, or authorized designee, determines that the proposed speech will constitute a clear and present danger to the institution’s orderly operation by the speaker’s advocacy of such actions as:
      1. The violent overthrow of the government of the United States, the State of Tennessee, or any political subdivision thereof; or
      2. The willful damage or destruction, or seizure and subversion of the institution’s building or other property; or
      3. The forcible disruption or impairment of, or interference with, the institution’s regularly scheduled classes, or other educational functions; or
      4. The physical harm, coercion, intimidation, or otherwise invasion of lawful rights of the institution’s officials, faculty members, or students; or
      5. Other campus disorder of a violent nature, provided such advocacy would prepare the group addressed for imminent action and steel it to such action, and further provided there is a reasonable apprehension of such imminent lawless action. In determining the existence of a clear and present danger, the president of the institution or authorized designee, may consider all relevant factors, including whether such speaker has, within the past five years, incited violence resulting in the destruction of property at any college or university.
   8. In the event that a request for an outside speaker is denied by the institution, any sponsoring organization thereby aggrieved shall have the opportunity to appeal from the denial. A written appeal to the president of the institution, or authorized designee, must be submitted within 24 hours from the initial denial to approve the request, and the organization will be provided a hearing within two days (excluding holidays and weekends) following the filing of its appeal before an impartial committee designated by the president or authorized designee. The committee shall be authorized to make appropriate findings of fact related to the request, and shall make and transmit such findings to the president within said two-day period. The president shall review the findings of the committee, and solely on the basis thereof, shall grant or deny the request within 24 hours (excluding holidays and weekends) from receipt of the findings of the committee.
   9. In the event of a proposed meeting which will be attended by strong emotional feelings, or where there is a reasonable possibility that a speaker, members of an organization, or others may violate federal state or local laws or campus regulations in the course of a meeting, the president or authorized representative shall prescribe reasonable conditions for the orderly and scholarly conduct of the meeting. Such conditions may include membership, appointing one or more officials of the institution to preside over the meeting, authorize a search of all persons entering the area of the meeting, and such other conditions as the institution deems appropriate.
   10. The representative of the organization inviting the speaker shall at the time of the invitation provide the speaker or speaker’s agent, with a copy of this speaker policy and campus regulations. By acceptance of the invitation to speak, the speaker shall assume full responsibility for any violation of law or campus regulations committed while on campus.
   11. Any meeting, assembly, or other activity to which an outside speaker may be invited is subject to all requirements, conditions and approvals set forth in any policy of the Board and/or the institution concerning the use of campus property and facilities.
2. The provisions of Section 1 shall not apply to invitations by departments to guest lectures for any academic course at an institution which shall be subject to the approval of the appropriate department or division head.

Summary of Drug-Free Campus/Workplace Policy

The following summary of Walters State Community College’s policy and penalties relative to controlled substances (illicit drugs) and alcohol, as required by the Drug-Free Schools and Communities Act Amendments of 1989, is being provided to each student enrolled at the college. As a student of Walters State, you are required to be knowledgeable of and comply with the Drug-Free Campus/Workplace Policy, the applicable provisions of which are summarized below:

Standards Of Conduct

Walters State Community College employees and students are prohibited from engaging in the unlawful manufacture, distribution, dispensation, possession, use or being under the influence of illegal drugs or alcohol on the college campus, at off-campus facilities owned or controlled by the college or as a part of college sponsored activities. All categories of employees and students are subject to this policy and to applicable federal, state and local laws related to this matter.

Legal Sanctions Under Local, State, And Federal Law

Various federal, state and local statutes make it unlawful to manufacture, distribute, dispense, deliver, sell or possess with intent to manufacture, distribute, dispense, deliver or sell, controlled substances. The penalty imposed depends upon many factors which include the type and amount of controlled substance involved, the number of prior offenses, if any, whether death or serious bodily injury resulted from the use of such substance, and whether any other crimes were committed in connection with the use of the controlled substance. Possible maximum penalties for a first-time violation include imprisonment for any period of time up to a term of life imprisonment, a fine of up to $4,000,000 if an individual, supervised release, any combination of the above, or all three. These sanctions are doubled when the offense involves either: 1.) distribution or possession at or near a school or college campus, or 2.) distribution to persons under 21 years of age. Repeat offenders may be punished to a greater extent as provided by statute. Further, a civil penalty of up to $10,000 may be assessed for simple possession of “personal use amounts” of certain specified substances under federal law. Under state law, the offense of possession or casual exchange is punishable as a Class A misdemeanor; if there is an exchange between a minor and an adult at least two years the minor’s senior, and the adult knew that the person was a minor, the offense is classified a felony as provided in T.C.A. S39-17-417. (21 U.S.C. S801, et. seq.; T.C.A. S39-17-417)

It is unlawful for any person under the age of twenty-one (21) to buy, possess, transport (unless in the course of his employment), or consume alcoholic beverages, wine, or beer, such offenses being classified Class A misdemeanors punishable by imprisonment for not more than 11 months, 29 days, or a fine of not more than $2,500, or both. (T.C.A. SS1-3-113, 57-5-301). It is further an offense to provide alcoholic beverages to any person under the age of twenty-one (21), such offense being classified as a Class A misdemeanor. (T.C.A. S39-15-404. The offense of public intoxication is a Class C misdemeanor punishable by imprisonment of not more than 30 days or a fine of not more than $50, or both. (T.C.A. S39-17-310)

Drug and Alcohol Counseling, Treatment and Rehabilitation Programs

Penalties and Sanctions

Appropriate action shall be taken in all cases in which faculty members, students or staff employees are determined to be in violation of the Drug-Free Schools and Communities Act Amendments of 1989 as implemented by this policy. Any alleged violation of the Act by a student of the college shall be reported to the vice president for Student Affairs. The circumstances surrounding the offense and the facts as determined by appropriate investigation will be fully reviewed prior to a decision on the action to be taken. Possible disciplinary sanctions for failure to comply with the provisions of this policy may include one or a combination of the following:

1. Probation;
2. Mandatory participation in, and satisfactory completion of a drug/alcohol abuse program, or rehabilitation program;
3. Suspension;
4. Referrals for prosecution;
5. Expulsion;
6. Other appropriate disciplinary action.

Questions

If you have questions or desire additional information concerning the provisions of this policy, please contact the vice president for Student Services.

Policy on Smoking/Tobacco Use on Campus

Smoking

Walters State Community College Policy 08:20:00 was created to help promote a healthier environment for all persons on Walters State Community College’s campuses. Smoking in any form will only be permitted in personal vehicles. This policy covers all forms of smoking products, including cigarettes, pipes and cigars. Smokeless electronic cigarettes “vapors” and all similar devices are also banned under the policy.

Other Tobacco Use

The use of mouth tobacco (to include dipping, chewing, etc.) is prohibited in all buildings owned or controlled by Walters State.

Suicide Prevention Plan

Walters State Community College is committed to the mental health wellness of our students, faculty and staff. As such, and in compliance with the requirements of T.C.A. § 49-7-1, Walters State Community College has developed a suicide prevention plan that engages in a variety of initiatives to improve and provide crisis services. 

Walters State Community College’s Suicide Prevention Plan will be disseminated to faculty, staff, and students each academic term. The plan will be included in the student handbook and emailed to faculty, staff and students on a yearly basis.  

Prevention

Walters State has developed a comprehensive approach to increase mental health awareness though efforts of prevention. 

Contact

Walters State’s contact for suicide prevention is the Counseling Office on each campus Morristown 423-585-6800; Greeneville 423-798-1962; Claiborne 423-585-6802; Sevierville 865-774-5812.

Prevention Components & Resources

Key components of Walters State’s suicide prevention work include: 

A suicide or mental health wellness syllabus statement included on Faculty Syllabi for all courses:  

Walters State is committed to and cares about all students. Support services are available for any person at Walters State who is experiencing feelings of: being overwhelmed, hopelessness, depression, thinking about dying by suicide, or is otherwise in need of assistance. For immediate help contact the National Suicide Lifeline Number 1-800-273-TALK(8255) or Text “TN” to 741741 or the Trevor Lifeline at 1-866-488-7386. Veterans may also wish to contact the Veterans Crisis Line at 1-800-273-8255 (press 1) or Text 838255.

• Promotion of the National Suicide Prevention Lifeline, Crisis Text Line, and campus/community resources are made available through the WSCC counseling office on each campus.

Walters State has established relationships with the following local Mental Health facilities for the purpose of providing prevention education, training and/or prevention screenings: 

• Cherokee Health Systems 423-586-5032.
• Frontier Health 423-467-3600.

Additional Information

Information regarding such relationships at Walters State Community College is available in the counseling office on each campus. The counseling office will have a comprehensive list of partners and services available to members of the Walters State community which may include crisis referral services, prevention screenings, training programs, etc. Any campus member interested in accessing the services/agencies and training noted above, or for more information about Walters State’s suicide prevention efforts should contact the counseling office. 

Intervention 

There is no typical suicidal person. No age group, ethnicity, or background is immune. Fortunately, many troubled individuals display behaviors, deliberately or inadvertently that signal their suicidal intent. Recognizing the warning signs(http://tspn.org/warning-signs) and learning what to do next may help save a life. 

Contact

If someone exhibits behavioral patterns that may indicate possible risk for suicide, they should be watched closely. If these behaviors appear numerous or severe, seek professional help at once. The National Suicide Prevention Lifeline at 1-800-273-TALK (8255) provides access to trained telephone counselors, 24 hours a day, 7 days a week or the Crisis Text Line by texting TN to 741 741.

If a student, faculty, or staff member encounters a suicidal student, faculty, or staff member, the following office should be contacted immediately: 

The Counseling Office Morristown 423-585-6800, Greeneville 423-798-1962 Claiborne 423-585-6802, Sevierville 865-774-5812

Should the incident occur after hours, or the above noted office is not available, the following should be contacted immediately: 

Campus Police Morristown 423-585-6752 

Campus Police Claiborne 423-851-4778

Campus Police Greeneville 423-798-7961

Campus Police Sevierville 865-774-5813

If the suicidal person has plans and access to a lethal means, is planning to make an attempt very soon, or is currently in the process of making an attempt, this individual is in imminent danger and should not be left alone. Get the person help immediately.  Determine who can get there quickly and keep the individual safe. 

Should you have this concern, you should immediately call 9-1-1.

Intervention Resources

Walters State has established relationships with the following local Mental Health facilities for the purpose of crisis referral services: 

• Cherokee Health Systems 423-586-5032.
• Frontier Health 423-467-3600.

The safety and wellbeing of our students, faculty, and staff is of the utmost importance. In situations that require immediate action because of safety or other concerns, Walters State will take any reasonable administrative action or accommodation protocols that are appropriate. Such interim actions may include, but are not limited to: adjustments to schedules, ADA accommodations, adjustments of course, exams, schedules, facilitation of hold harmless voluntary withdrawals, incompletes, etc.

Additional Information

Information regarding such relationships at Walters State is available in the counseling office on each campus. The counselors will have available a comprehensive list of partners and services available to members of the Walters State community. Any campus member interested in more information about Walters State’s suicide intervention protocol should contact the counseling office.  

Postvention

Because all student/faculty/staff deaths affect our community, whether that death is accidental, due to illness, or the result of self-inflicted injury, it is important for Walters State to respond to and recognize all deaths in a consistent manner. Campus leadership and the communications department has developed a protocol that includes a campus response to a student/faculty/staff suicide to decrease the trauma experienced by the students and other campus community members left behind and to help prevent further suicides through contagion. 

Contact 

If a student, staff, or faculty member death occurs by suicide, the following person, or their designee, should be notified immediately: 

            The Vice President of Student Services 423-585-2680

Postvention Components & Resources

Walters State has established relationships with the following local Mental Health facilities for the purpose of working to decrease community trauma.  

• Cherokee Health Systems 423-586-5032.
• Frontier Health 423-467-3600.

Information regarding such relationships at Walters State is available in the counseling office on each campus. The counseling office will have available a comprehensive list of partners and services available. Any campus member interested in more information about Walters State’s suicide prevention protocol should contact the counseling office. 

Comprehensive Response Protocol 

Walters State’s comprehensive suicide prevention, intervention and postvention protocol is available. For more information, please contact the Counseling Office Morristown 423-585-6800, Greeneville 423-798-1962 Claiborne 423-585-6802,Sevierville 865-774-5812.

Sex Crimes Prevention Act

The federal Campus Sex Crimes Prevention Act and the Tennessee College and University Campus Sex Crimes Prevention Act of 2002 require that whenever a sex offender becomes employed, enrolls as a student or volunteers at an institution of higher education in the state of Tennessee, he or she must complete or update the Tennessee Bureau of Investigation (TBI) sexual offender registration/monitoring form and deliver it to TBI headquarters in Nashville. As defined in section 40-39-102 of the Tennessee Code, a “sexual offender” means a person who is, or has been, convicted in this state of committing a sexual offense or who is, or has been, convicted in another state or another country, or who is or has been convicted in a federal or military court, of committing an act which would have constituted a sexual offense if it had been committed in this state. A “sexual offense” means the commission of acts including but not limited to aggravated and statutory rape, sexual battery, sexual exploitation of a minor, aggravated prostitution, and kidnapping. Both acts designate certain information concerning a registered sexual offender as public information and therefore amend and supersede the Family Education Rights and Privacy Act (FERPA) and other federal and state laws that previously prohibited the disclosure of such personal information. Since the laws require the publication of information pertaining to sexual offenders employed, enrolled, or volunteering at an educational institution, said publication does not constitute grounds for a grievance or complaint under institutional or Tennessee Board of Regents policies or procedures.

WSCC Policy - Campus Sex Crimes Prevention Act

The “College and University Security and Information Act” as enacted by the State of Tennessee and in conjunction with federal legislation, requires that each college make available certain information within the college’s community relative to safety and security matters. In this regard, Walters State Community College is providing the information contained herein to assure that the college’s community, students, faculty and staff are appropriately advised and informed relative to college security and safety procedures and applicable crime statistics.

In compliance with the federal Campus Sex Crimes Prevention Act and the Tennessee College and University Campus Sex Crimes Prevention Act of 2002, members of the campus community may obtain the most recent information received from the Tennessee Bureau of Investigation (TBI) concerning sex offenders employed, enrolled or volunteering at this institution at the Campus Police Office located in the Information Center. Information is also available on the TBI’s website listing of sex offenders located on the internet at http://www.ws.edu/campuspolice/sexcrimespreventionact.asp.

To request a copy of the Campus Security Information, please contact the Campus Police Department:

Walters State Community College
Campus Police Department
500 S. Davy Crockett Parkway
Morristown, Tennessee 37813-6899
423-585-6752

Procedures to Report Sexual Assault or Rape

Walters State Community College is committed to maintaining a positive learning and working environment. Walters State will not tolerate acts of sexual assault, sexual harassment or sexual violence or related retaliation against or by an employee or student.  If you are a victim or know of a victim of sexual violence, you are encouraged to report the incident.  Individuals are advised to immediately report all such incidents to Campus Police, located at the front entrance of the campus or call Campus police at 423-585-6752. The Campus Police Department has procedures for responding effectively to these sensitive crisis situations. You may also contact the Vice President for Student Affairs, Dr. Angela Smith in LIB-301; 423-585-2680 or Title IX Coordinator, Jarvis Jennings, Executive Director for Human Resources in CCEN 109B; 423-585-6845.

Students charged with sexual assault can be prosecuted under Tennessee criminal statutes and disciplined under the campus code of student conduct. Even if the criminal justice authorities choose not to prosecute, the campus can pursue disciplinary action. When sexual harassment, sexual violence or other related incidents has occurred and is brought to the attention of the Walters State Vice President of Student Affairs or the Title IX Coordinator, steps will be taken to end the harassment, or violence, prevent its reoccurrence, and address its effects. Procedures for on-campus disciplinary action in cases of alleged sexual assault shall include a clear statement that the accuser and the accused are entitled to the same opportunities to have others present during a due process hearing.  Both the accuser and the accused shall be informed of the outcome of any campus disciplinary proceeding alleging sexual assault. The sanction can include the possibility of suspension or dismissal from the college.

Individuals who are victims of sexual assault are asked not to engage in any type of personal hygiene before reporting an incident. In order to facilitate a thorough investigation, individuals are also asked not to wash clothing or dispose of any items that may be used as physical evidence.
College staff will provide referrals for counseling, emotional support, legal and medical information. College staff will provide information on advocacy groups that provide support for sexual assault victims, their families and friends. A sexual assault crisis center is located in Knoxville and the helpline number is 865-522-7273.

Minors on Campus Policy

Walters State Community College is an institution of higher education and as such must preserve conditions that will permit a proper learning and working environment at all times. Thus, minor children must not be left unsupervised on campus. It is not the intent of this policy to prevent children in the accompaniment of an adult from visiting the campus. However, consideration for the learning environment of the student, the work routine of staff employees, and the safety of the children requires that children may not accompany adults into classrooms, offices, or other work spaces as a babysitting function nor be left unsupervised in the hallways of buildings or on the grounds of the college.

In certain circumstances, children may be on campus for classes held for their benefit (EDU Camps, field trips, etc.). At such times, it is expected that the instructor or responsible adult will supervise the activities of the children, and that before and after the class an area will be designated for the children to await the arrival of their parents. It is the responsibility of the supervisor/instructor of these activities to explain these restrictions to the children and to monitor the enforcement where feasible.

Pets on Campus Policy

Pets are not allowed on Walters State Community College campuses. Exceptions will be made only for students with identified disabilities. When exceptions are made, pets that are allowed on campus must be on a leash under the direct and positive control of the individual responsible for the pet. Such individuals will be liable for any accident or damage caused by the pet while on campus.

Pets should not be left unattended in vehicles. Complaints received or animals found in vehicles will be turned over to the local Humane Society.

Code of Computing Practice

Computer resources at Walters State Community College are available to all students, faculty, and staff for authorized use in a responsible, ethical, and equitable manner. It is important that all users of the computing facilities conduct their computing activities in this manner since they have access to many valuable and sensitive resources and their computing practices can adversely affect the work of other users.

The following constitutes a code of computing practices to be adhered to by all users of the computer systems.

1. Users must obtain official approval from the department responsible for use of the computing resources. Approval will not be granted to use computing facilities that do not conform to the missions, processes, and functions of the Institution.
2. Users of computing resources are expected to conduct themselves in a manner that does not constitute a danger or threat to any person’s health, safety, or interfere with authorized individual and institutional activities. Use of computing resources to view or transmit obscene material is prohibited.
3. Users must not misuse, damage or misappropriate in any manner computing equipment, software, property, and other facilities and resources.
4. Users must utilize only those computers which have been authorized for their use and for the purposes for which the authorization was granted.
5. Users of the computer systems are responsible for the use of their computer accounts and, as such they should take precautions against others obtaining access to their computer accounts. This includes managing and controlling the use of individual passwords, operational activities, and resource utilization.
6. Users must follow the established procedures for accessing the computing systems. All computing work must be readily identified with the user’s own name and where applicable the relevant department name.
7. Users may not access, modify, or copy programs, files, data of any sort belonging to other users or to Walters State Community College without obtaining prior authorization to do so from the other user and/or department involved. Similarly programs, subroutines, data, equipment, and other computing related resources may not be taken to other computer installations without the proper department and/or Walters State Computer Services department authorization and a clearly defined understanding of the responsibilities associated with such action (e.g. security of access to the data at the other computer installation).
8. Users may not use programs, data, equipment, and other computing related resources or other computer sites at Walters State for other than officially scheduled and sanctioned academic and administrative purposes unless prior approval has been obtained from the department responsible for the computer and the Walters State Executive Director of IET.
9. Users should minimize the impact of their work on the work of other Users. Attempts should not be made to encroach on others’ use of the facilities or deprive them of resources. Game-Playing that is not part of an authorized program of study must not interfere with users’ rights to access a system for educational purposes.
10. Users must not attempt to modify system facilities and/or subvert the restrictions associated with their assigned use of computers.

The above code is intended to work to the benefit of all Computer Services users by encouraging responsible conduct and use of computing resources. Disciplinary action for violating this code shall be governed by the applicable provisions of student handbooks, faculty and staff handbooks, and other policies and procedures of Walters State Community College, its governing body, the Tennessee Board of Regents and the applicable state and federal laws. The General Regulations on Student Conduct and Disciplinary Sanctions outline some, but are not limited to, actions that may be taken either singularly or in combination by the Institution against violators of this code.

Search Engine Privacy Policy

Walters State uses Google search on its website. Google collects information such as terms searched, videos watched, and content and ads viewed. For more information about Google’s Privacy Policy related to Google Search, visit https://policies.google.com/privacy.

Student Disciplinary Policies

Part 1 Institution Policy Statement 04:18:00

Part 2 General Policy on Student Conduct and Student Disciplinary Actions 3.02.00.01

Part 3 Sex Discrimination, Sexual Harassment, or Sexual Misconduct 6.01.00.00

Part 4 Sexual Misconduct 6.03.00.00

Part 5 Traffic and Parking Information for Students and Employees 05:12:00

Part 1 - Institution Policy Statement 04:18:00

1. Students enrolled at Walters State Community College are citizens of their civic communities as well as the academic community. As such they are expected to conduct themselves as law-abiding members of each community at all times. Admission to an institution of post-secondary education carries with it special privileges and imposes special responsibilities apart from those rights and duties enjoyed by non-students. In recognition of the special relationship that exists between the institution and the academic community which it seeks to serve, the Tennessee Board of Regents (“TBR” or “the Board”) has authorized the presidents of the institutions and directors of the technology centers under its jurisdiction to take such action as may be necessary to maintain campus conditions and preserve the integrity of the institution and its educational environment.

2. Pursuant to this authorization and in fulfillment of its duties to provide a secure and stimulating atmosphere in which individual and academic pursuits may flourish, the college has developed the following policies, which are intended to govern student conduct on the several campuses under its jurisdiction. Walters State, under the jurisdiction of the TBR, has implemented policies subject to, and consistent with, these regulations. In addition, students are subject to all federal, state and local laws and ordinances. If a student’s violation of such laws or ordinances also adversely affects the institution’s pursuit of its educational objectives, the institutions may enforce their own regulations regardless of the status or outcome of any external proceedings instituted by other civil or criminal authorities. Additionally, violation of any section of these regulations may subject a student to sanctions by the institution whether or not such conduct is simultaneously violating state, local, or federal laws.

3. For the purpose of these regulations, a “student” shall mean any person who is admitted and/or registered for study at Walters State Community College for any academic period. This shall include any period of time following admission and/or registration, but preceding the start of classes for any academic period. It will also include any period which follows the end of an academic period through the last day for registration for the succeeding academic period, and during any period while the student is under suspension from the institution. Finally, “student” shall also include any person subject to a period of suspension or removal from campus as a sanction which results from a finding of a violation of the regulations governing student conduct. Students are responsible for compliance with the Rules of Conduct and with similar institutional policies at all times.

4. Disciplinary action may be taken against a student for violation of the regulations which occur on institutionally owned, leased or otherwise controlled property, while participating in international or distance learning programs, and off campus, when the conduct impairs, interferes with, or obstructs any institutional activity or the mission, processes, and functions of the institution. In addition, sanctions may be imposed on the basis of any conduct, on or off-campus, which constitutes a substantial threat to persons or property within the institutional community. The college may enforce institutional or TBR regulations regardless of the status or outcome of any external proceedings instituted in any forum, including any civil or criminal proceeding.

5. These regulations, and related material incorporated herein by reference, are applicable to student organizations as well as individual students. Student organizations are subject to discipline for the conduct and actions of individual members of the organization while acting in their capacity as members of, or while attending or participating in any activity of, the organization.

6. Confidentiality of Discipline Process. Subject to the exceptions provided pursuant to the Family Educational Rights and Privacy Act of 1974 (FERPA), 20 U.S.C. 1232g and/or the Tennessee Open Records Act, T.C.A. § 10-7-504(a)(4), a student’s disciplinary files are considered “educational records” and are confidential within the meaning of those Acts. Pursuant to Tennessee Code Annotated 49-7-146, parents of a student under 21 will be notified if the student “has committed a disciplinary violation with respect to the use or possession of alcohol or a controlled substance that is in violation of any federal, state, or local law, or of any rule or policy of the institution, except as prohibited by (FERPA).” Notification will occur when; 1) a plea of guilty to the applicable code of conduct violation, or 2) a final finding of guilt pursuant to disciplinary procedures, including completion of an appeal.

This policy is promulgated pursuant to, and in compliance with, TBR Rule 0240-02-03-.01, Institution Policy Statement. To the extent that a conflict exists between this policy and TBR rule, policy and/or applicable law(s), the TBR rule, policy and/or law will control. History - Adopted by TBR: 12/8/11. Effective: 1/29/12.

Part 2 - General Policy on Student Conduct and Disciplinary Actions TBR 3.02.00.01

Statement of Purpose

The Tennessee Board of Regents authorizes the institutions under its jurisdiction, including Walters State Community College,  to take such action consistent with this policy as may be necessary to maintain campus conditions and preserve the integrity of the institution and its educational environment. Institutional policies on this subject shall be subject to prior review and approval by the TBR Offices of General Counsel and Academic Affairs.   

Definitions

• For the purpose of this policy, a “student” shall mean any person
  • who is admitted, enrolled, and/or registered for study (including for non-credit classes) at a Board of Regents institution for any academic period. This shall include any period of time following admission and/or registration, but preceding the start of classes for any academic period, following the end of an academic period through the last day for registration for the succeeding academic period, and during any period while the student is under suspension from the institution; who engaged in academic misconduct as part of the application process; and/or
  • who previously attended a TBR institution and who was found to have violated the institution’s student conduct and disciplinary standards policy during the time of enrollment.
  • “Student” shall also include any person subject to a period of suspension or removal from campus resulting from a finding of a violation of this policy;
  • Unless explicitly provided otherwise in these rules, the term “student” shall also refer to a student organization.
• Definitions of “Disciplinary Offenses” and “Disciplinary Sanctions” are included in their respective sections, II. and V. 

Policy/Guideline

I. Policy Statement

1. Students enrolled in a TBR postsecondary educational institutions are citizens of their civic communities as well as the academic community. As such they are expected to conduct themselves as law-abiding members of each community at all times.
2. Admission to an institution of postsecondary education carries with it special privileges and imposes special responsibilities apart from those rights and duties enjoyed by non-students. In recognition of the special relationship that exists between the institution and the academic community which it seeks to serve, the Tennessee Board of Regents (“TBR” or “the Board”) has authorized the presidents of the institutions under its jurisdiction to take such action as may be necessary to maintain conditions on institution-owned and controlled property and to preserve the integrity of the institution and its educational environment.
3. Pursuant to this authorization and in fulfillment of its duties to provide a secure and stimulating atmosphere in which individual and academic pursuits may flourish, the Board has developed the following policy, which is intended to govern student conduct at the institutions under its jurisdiction.
4. Each institution under the jurisdiction of the TBR is directed to implement policies subject to, and consistent with, this policy.
5. In addition, students are subject to all federal, state and local laws and ordinances. If a student’s violation of such laws or ordinances also adversely affects the institution’s pursuit of its educational objectives, an institution may enforce its own policies regardless of the status or outcome of any external proceedings instituted by other civil or criminal authorities.
6. Students are responsible for compliance with this policy and with institutional policies and regulations.
7. Disciplinary action may be taken against a student for violation of policies and regulations that occur on institutionally owned, leased or otherwise controlled property, while participating in international or distance learning programs, and off campus, when the conduct impairs, interferes with, or obstructs any institutional activity or the mission, processes, and functions of the institution. In the case of violations that occur off institutionally owned, leased, or controlled property, the institution will take into account whether the violation impairs, interferes with, or obstructs any institutional activity, or the mission, processes, and function of the institution, including, but not limited to, conduct that:

• occurs in connection with any institutional activity, including but not limited to, international, distance, online, or remote learning programs, athletics events and other extracurricular activities, clinical, internship, practicum, and similar activities;
• occurs while using institutional resources, such as computers and network systems;
• involves or affects another member of the TBR community (a student, faculty, staff member, or guest of a TBR institution); or
• poses a credible, serious threat to the health and safety of the TBR community.

8. This policy, and related material incorporated herein by reference, is applicable to student organizations as well as individual students. Whether a student organization will be held responsible for a violation of these rules by one or more of its members will be based on the following considerations:

• the violation is endorsed by the student organization or any of its officers.  “Endorsed by” includes, but is not limited to, active or passive consent or support, having prior knowledge that the conduct was likely to occur, or helping to plan, advertise, or promote the conduct;
• the violation took place during the course of an activity paid for by the student organization or by members of the student organization to support the activity in question;
• the prohibited conduct occurred on property owned, controlled, rented, leased, or used by the student organization or any of its members for an organizational event;
• the prohibited conduct was related to initiation, admission into, affiliation with, or as a condition for continued membership in the student organization; and
• one or more officers of the student organization had prior knowledge or reasonably should have known the prohibited conduct would likely take place.

9. Confidentiality of Discipline Process. Subject to the exceptions provided pursuant to the Family Educational Rights and Privacy Act of 1974 (FERPA), 20 U.S.C. 1232g,  the Tennessee Public Records Act, T.C.A. § 10-7-504, and/or other state and federal law, a student’s disciplinary records and files are considered “education records” and are confidential in accordance with those statutes.

10. Matters involving sexual harassment, sexual assault, stalking, domestic violence, and dating violence occurring within an education program or activity, if within the scope of TBR Policy 6.03.00.00, Sexual Misconduct, which implements 34 C.F.R. Part 106 related to Title IX of the Education Amendments of 1972, shall proceed in accordance with TBR Policy 6.03.00.00, Sexual Misconduct, and not this policy.

II. Disciplinary Offenses

1. Disciplinary measures shall be imposed according to this policy and the institution’s restatement of this policy and applicable procedures and processes.
2. Institutions shall use the “preponderance of the evidence” standard.  A preponderance of the evidence means the greater weight of the evidence or that, according to the evidence, the conclusion sought by the party with the burden of proof is the more probable conclusion. 
3. These rules shall not be used to violate rights guaranteed under the constitution of the State of Tennessee or the constitution of the United States.
4. Institutions shall adopt and publish notice of offenses for which both individuals and student organizations may be subject to disciplinary action.
5.  Both students and student organizations may be subject to disciplinary action for the following disciplinary offenses identified in this policy:
   • Threatening Conduct. Any conduct, threatened conduct, or attempted conduct that, poses a threat to a person’s safety, health, or personal well-being including, but not limited to, endangering the health, safety, or welfare of any person; engaging in conduct that causes a reasonable person to fear harm to his or her health, safety or welfare; or making an oral or written statement that an objectively reasonable person hearing or reading the statement would interpret as a serious expression of an intent to commit an act of unlawful violence to a particular individual or group of individuals;
   • Disruptive Conduct.  Any conduct, threatened conduct, or attempted conduct that is disruptive to the institution’s learning environment, including, but not limited to, engaging in any action that interferes with the ability of the instructor to teach or other students to learn. Disruptive conduct in the class setting (which includes but is not limited to remote education and off-site locations) includes, but is not limited to, behavior that obstructs or disrupts the learning environment (e.g., offensive language, harassment of students or instructors, repeated outbursts from a student that disrupt the flow of instruction or prevent concentration, failure to cooperate in maintaining class decorum, etc.), text messaging, and the continued use of any electronic or other noise or light emitting device which disturbs others;
   • Hazing. Hazing, as defined in T.C.A. § 49-7-123(a)(1), means any intentional or reckless act, on or off the property, of any higher education institution by an individual acting alone, or with others, which is directed against any other person(s) that endangers the mental or physical health or safety of that person(s), or which induces or coerces a person(s) to endanger such person(s) mental or physical health or safety. Hazing does not include customary athletic events or similar contests or competitions, and is limited to those actions taken and situations created in connection with initiation into or affiliation with any organization;
   • Disorderly Conduct. Any individual or group behavior which is abusive, obscene, lewd, indecent (including, without limitation, public exposure of one’s sex organs, public urinating, and public sexual acts), violent, excessively noisy, disorderly, or which unreasonably disturbs institutional functions, operations, classrooms, other groups or individuals;
   • Obstruction of or Interference with institutional activities or facilities. Any intentional interference with or obstruction of any institutional, program, event, or facility including but not limited to the following:
     1. Any unauthorized occupancy of facilities owned or controlled by an institution or blockage of access to or from such facilities;
     2. Interference with the right of any institution member or other authorized person to gain access to any activity, program, event or facilities sponsored or controlled by an institution;
     3. Any obstruction or delay of a security officer, public safety officer, police officer, firefighter, EMT, or any official of an institution, or failure to comply with any emergency directive issued by such person in the performance of their duty; 
     4. Participation in a demonstration that substantially impedes institutional operations; or
     5. Obstruction of the free flow of pedestrian or vehicular traffic on property owned, leased or controlled by an institution or at an institutional activity.
   • Misuse of or Damage to Property. Any act of misuse, vandalism, malicious or unwarranted damage or destruction, defacing, disfiguring or unauthorized use of property belonging to the institution or a member of the TBR community including, but not limited to, any personal property, fire alarms, fire equipment, elevators, telephones, institution keys, library materials and/or safety devices;
   • Theft, Misappropriation, or Unauthorized Sale of Property;
   • Misuse of Documents or Identification Cards. Any forgery, alteration of or unauthorized use of institutional documents, forms, records or identification cards, including the giving of any false information, or withholding of necessary information, in connection with a student’s admission, enrollment or status in the institution;
   • Weapons. Possessing, carrying, using, storing, or manufacturing any weapon on institution controlled property or in connection with an institution affiliated activity, unless federal or state law provides a student with an affirmative right to possess or carry a weapon on institution controlled property or in connection with an institution-affiliated activity.  (Refer to Guidance on Firearms on Campus, Exhibit #1);
   • Explosives, Fireworks, Flammable, and Hazardous Materials. The unauthorized possession, ignition or detonation of any object or article that represents a potential danger to the TBR community, including, but not limited to, explosives, fireworks, flammable materials, ammunition, hazardous liquids, chemicals, or hazardous materials;
   • Alcoholic Beverages and Alcohol-Related Conduct. The use,  possession, and/or sale of alcoholic beverages on institution owned or controlled property or in connection with any institutional activity unless expressly permitted by the institution;
   • Drugs. The unlawful possession, use, sale, or manufacture of any drug or controlled substance (including, but not limited to, any stimulant, depressant, narcotic or hallucinogenic drug, or marijuana). This offense includes using or possessing a prescription drug if the prescription was not issued to the student, as well as the violation of any local ordinance, state, or federal law concerning the unlawful possession or use of drugs;
   • Drug Paraphernalia. The use, possession, distribution, sale, or manufacture of equipment, products or materials that are used or intended for use in manufacturing, growing, using or distributing any drug or controlled substance. This offense includes the violation of any local ordinance, state, or federal law concerning the unlawful possession of drug paraphernalia;
   • Public Intoxication. Appearing on institution owned or controlled property or at an institutional sponsored event while under the influence of alcohol, a controlled substance, or of any other intoxicating substance;
   • Gambling. Unlawful gambling in any form;
   • Financial Irresponsibility. Failure to meet financial responsibilities to the institution promptly including, but not limited to, knowingly passing a worthless check or money order in payment to the institution;
   • Unacceptable Conduct Related to Disciplinary Proceedings. Any conduct at any stage of an institutional disciplinary proceeding or investigation that is contemptuous, threatening, retaliatory, or disorderly, including false complaints, false testimony or other falsification of evidence, and attempts to influence the impartiality of a member of an adjudicatory body, verbal or physical harassment or intimidation of an institutional official, hearing panel member, complainant, respondent or witness;
   • Failure to Cooperate with Institutional Officials. Failure to comply with reasonable directions of institutional officials acting in the performance of their duties. This includes, but is not limited to, failing to respond to a request to report to an institutional administrative office, failing to cooperate in an institutional investigation, and/or failing to appear at an institutional hearing, including, without limitation, a disciplinary hearing;
   • Attempts, Aiding and Abetting. Any attempt to commit any of the offenses listed under this section or the aiding or abetting of the commission of any of the offenses listed under this section. (An attempt to commit an offense is defined as the intention to commit the offense coupled with the taking of some action toward its commission.) Being present during the planning or commission of any offense listed under this section without having made an immediate report to the institution prior to the commission of the planned offense will be considered as aiding and abetting. Students who anticipate or observe an offense must remove themselves from the situation and are required to report the offense to the institution;
   • Violations of State or Federal Laws. Any conviction of violation of state or federal laws, rules, or regulations prohibiting conduct or establishing offenses;
   • Violation of Imposed Disciplinary Sanctions. Intentional or unintentional violation of a disciplinary sanction imposed through an institutional disciplinary proceeding;
   • Sexual Misconduct. Committing any act of sexual assault, rape, sexual battery, domestic violence, or dating violence as defined by state or federal law;
   • Harassment, Stalking, or Retaliation. Any conduct that falls within T.C.A. § 39-17-308 (Harassment) or T.C.A. § 39-17-315 (Stalking) or “student-on-student harassment,” which means unwelcome conduct directed toward a person that is discriminatory on a basis prohibited by federal, state, or local law, and that is so severe, pervasive, and objectively offensive that it effectively bars the victim’s access to educational opportunity or benefit. Engaging in “retaliation,” which is an act or omission committed by a student because of another person’s participation in a protected activity that would discourage a reasonable person from engaging in protected activity. Retaliation violates these standards regardless of whether the underlying allegation of a violation of policy is ultimately found to have merit.  Retaliation can include, without limitation: an act or omission committed against a person’s family, friends, advisors, and or other persons reasonably expected to provide information in connection with an institutional investigation or hearing, and an act or omission committed by a student through a third party;
   • Discrimination.  Any conduct prohibited by any federal or state law, rule, or regulation related to discrimination, harassment, or retaliation;
   • Academic Misconduct. Any action or attempted action designed to provide an unfair academic advantage or disadvantage for oneself or others. Academic misconduct includes a wide variety of behaviors such as plagiarism, cheating, fabrication, and other academic dishonesty. For purposes of this policy the following definitions apply:
     1. Plagiarism. The adoption or reproduction of ideas, words, statements, images, or works of another person as one’s own without proper attribution. Examples include but are not limited to copying of passages from works of others into one’s own work without acknowledgment; summarizing or paraphrasing ideas from another source without proper attribution, unless such information is recognized as common knowledge; and using facts, statistics graphs, representations, or phrases without proper attribution;
     2. Cheating. Using or attempting to use unauthorized materials, information, or aids in any academic exercise or test/examination. Examples include but are not limited to copying another’s work; obtaining or giving unauthorized assistance; unauthorized collaboration or collusion with another person; having another person take a test for a student; and the use of unauthorized materials or devices.  The term academic exercise includes all forms of work submitted for credit or hours;
     3. Fabrication. Falsifying, fabricating, or misrepresenting data, research results, citations or other information in connection with an academic assignment. Unauthorized falsification or invention of any information or citation in an academic exercise.
   • Unauthorized Duplication or Possession of Keys. Making, causing to be made or the possession of, with the intent to use or make available for use by others, any key for an institutional facility without proper authorization;
   • Litter. Dispersing litter in any form onto the grounds or facilities of the campus;
   • Pornography. Public display of literature, films, pictures or other materials which an average person applying contemporary community standards would find, (1) taken as a whole, appeals to the prurient interest, (2) depicts or describes sexual conduct in a patently offensive way, and/or (3) taken as a whole, lacks serious literary, artistic, political or scientific value;
   • Abuse of Computer Resources and Facilities. Misusing and/or abusing campus computer resources including, but not limited to the following:
     1. Use of another person’s identification to gain access to institutional computer resources;
     2. Use of institutional computer resources and facilities to violate copyright laws, including, but not limited to, the act of unauthorized distribution of copyrighted materials using institutional information technology systems;
     3. Unauthorized access to a computer or network file, including but not limited to, altering, using, reading, copying, or deleting the file;
     4. Unauthorized transfer of a computer or network file;
     5. Use of computing resources and facilities to send abusive or obscene correspondence;
     6. Use of computing resources and facilities in a manner that interferes with normal operation of the institutional computing system;
     7. Use of computing resources and facilities to interfere with the work of another student, faculty member, or institutional official; and
     8. Unauthorized peer-to-peer file sharing;
   • Unauthorized Access to Institutional Facilities and/or Grounds. Any unauthorized access and/or occupancy of institutional facilities and/or grounds is prohibited, including, but not limited to, gaining access to facilities and grounds that are closed to the public, being present in areas of campus that are open to limited guests only, being present in academic buildings after hours without permission, and being present in buildings when the student has no legitimate reason to be present;
   • Providing False Information. Giving any false information to, or withholding necessary information from, any institutional official acting in the performance of his or her duties in connection with a student’s admission, enrollment, or status in the institution;
   • Observation Without Consent. Observation Without Consent, which is prohibited by T.C.A. § 39-13-607 (a criminal statute) for purposes of this policy, means knowingly spying upon, observing, or otherwise viewing an individual, regardless of whether a photo, video, or recording is made, when the individual is in a place where there is reasonable expectation of privacy, without the prior effective consent of the individual, if the viewing would offend or embarrass an ordinary person if the person knew the person was being viewed. This includes, but is not limited to, taking video or photographic images in shower/locker rooms, living quarters, restrooms, and storing, sharing, and/or distributing of such unauthorized images by any means;
   • Smoking Violations. Smoking or tobacco use in any institution building or facility, in any state-owned vehicle, or on any institution grounds or property, unless in a designated smoking or tobacco use area.  For the purposes of these rules, “tobacco use” includes, but is not limited to, the personal use of any tobacco product, whether intended to be lit or not, which includes smoking tobacco or other substances that are lit and smoked, as well as the use of an electronic cigarette or any other device intended to simulate smoking, and the use of smokeless tobacco, including snuff; chewing tobacco; smokeless pouches; any form of loose-leaf, smokeless tobacco; and the use of unlit cigarettes, cigars, and pipe tobacco;
   • Maintenance of Ethical and Professional Standards.  Failure to maintain the high ethical and professional standards of the various disciplines of the health professions may subject a student to suspension from a program, dismissal from a program, or other appropriate remedial action.
     1. A student enrolled in a program leading to a degree or certificate in a health profession is subject to disciplinary action up to and including suspension and dismissal from a program for engaging in the following acts of misconduct, regardless of location:
        1.  Commission of an offense classified as a felony by Tennessee or federal criminal statutes;
        2. Unlawful use, possession, or sale of drugs or narcotics, whether or not felonious
        3. Other unprofessional or unethical conduct that would bring disrepute and disgrace upon both the student adn profesion and that would tend to subtantially reduce or eliminate the student’s ability to effectively practice the profession in which discipline he or she is enrolled; or
        4. Conduct that is in violation of either a relevant Tennessee statute establishing professional standards or a rule or regulation of a Tennessee regulatory board or other body resonsible for the establishment and enforcement of professional standards.
     2. A person applying for admision to a health profession program may be denied admission to the program on the bais of his or her violation of the aforementioned ethical and professional standards;
   • Traffic and Parking Fines.  Receiving $100.00 or more in traffic and/or parking violations on institution property or institution-controlled property during any semester.
   • Indecent Exposure.  Indecent Exposure, which is prohibited by T.C.A. § 39-13-511 (a criminal statute), for purposes of this policy means in a public place intentionally exposing one’s genitals or buttocks to another or engaging in sexual contact or sexual penetration where the person reasonably expects that the acts will be viewed by another, and the acts will offend an ordinary viewer or are for the purpose of sexual arousal and/or gratification. 
6. Disciplinary Holds.
   1. An institution may place a hold on a student record when the student has
      1. Withdrawn from the institution while a disciplinary meeting and/or proceeding is pending;
      2. Not responded to an institutional official’s request for a meeting or hearing; or
      3. Been suspended or expelled.
   2. A disciplinary hold may remain on a student’s record until final resolution of a disciplinary meeting and/or disciplinary hearing.
   3. An institution will not confer a degree or credential when a student record has been placed on hold, or when a student has a pending disciplinary meeting and/or disciplinary proceeding.
   4. Except for cases involving Academic Misconduct, an institution will not revoke a degree or credential based on conduct occurring while a person was a student, but not discovered until after the awarding of a degree or credential.​

III. Classroom and Academic Misconduct

1. Classroom Misconduct.
   • The instructor has the primary responsibility for maintenance of academic integrity and controlling class (which for this policy includes any remote class and/or offsite class such as a clinic site or other non-traditional class environment) behavior and responding to disruptive conduct.
   • The instructor may order the temporary removal or exclusion from the class of any student engaged in disruptive conduct or other conduct that violates this policy for each class session during which the conduct occurs. Extended or permanent exclusion from the classroom, beyond the session in which the conduct occurred, or further disciplinary action can be effected only through appropriate procedures.
2. Academic Misconduct
   • Academic misconduct is prohibited. Students guilty of academic misconduct, either directly or indirectly, through participation or assistance, are immediately responsible to the instructor of the class. In addition to other possible disciplinary sanctions which may be imposed in accordance with this policy, the instructor has the authority to take academic discipline consistent with institutional policy, procedures, and processes.  
   • An instructor who determines that a student has engaged in academic misconduct may choose to exercise academic discipline by lowering to any extent, including to a grade of “F” or “zero,” a student’s grade in the course, assignment, or examination affected by the alleged academic misconduct.
   • An instructor who initiates academic discipline shall inform the appropriate Chair and Dean (or other individual(s) identified by the institution) in writing of the finding of academic misconduct, the basis therefor, the academic discipline imposed, and the appeals process within five (5) days of the imposition of academic discipline.
   •  A student may not withdraw from a course pending final resolution of an allegation of academic misconduct. Students are permitted and encouraged to continue attending class until the academic disciplinary decision, including all appeals, is final.
   • A student charged with academic misconduct has the option of either accepting the academic discipline imposed by the instructor or initiating the appeals process to challenge the allegation of academic misconduct or the severity of the academic discipline.  If the student does not respond in writing within five (5) days by either accepting or appealing the academic discipline to the institutional academic misconduct appeals committee, the student waives the right to contest the academic discipline, at which time it becomes final.
   • An institutional academic misconduct appeals committee shall consist of at least three (3) individuals and include at least one (1) student. The chief academic officer or other administrator identified by the institution will assemble the committee and coordinate the hearing but will not participate on the committee.  Any individual who has an interest in the incident, a conflict of interest, or a bias is not permitted to serve on the committee. An institution may maintain standing pools from which individuals may appointed and/or appoint ad hoc academic misconduct appeals committees. At a technical college the president has the authority to appoint a single administrator to perform the functions of the academic misconduct appeals committee and to effectuate the processes identified in this policy.
   • The academic misconduct appeals committee will set a hearing date that is within fifteen (15) business days of receipt of date of the student’s appeal. The student must receive at least seven (7) calendar days’ notice of the date, time, and location of the hearing.  A student will be notified of the due process protections provided for in this policy.
   • The academic misconduct appeals committee will conduct the appeal hearing, consider the evidence presented, and make a decision based on a simple majority vote using a preponderance of the evidence standard. The committee can either uphold, overturn, or lessen the academic discipline.  The results of the committee’s decision will be conveyed to the student in writing, through the chief academic officer or other individual identified by the institution, within ten (10) business days of the hearing.
   • If the academic misconduct appeals committee upholds or lessens the academic discipline, the student may appeal in writing to the president within five (5) business days following receipt of the decision of the committee. The president will make a decision within ten (10) business days. The president’s decision is final.
   • The institution’s chief academic officer, president, or other administrator identified by the institution has the ability to extend any deadline in this section for good cause and upon written notice to the student.
   • In addition to academic discipline, a student who is found responsible for academic misconduct, either one or more times, may be subject to disciplinary sanctions in accordance with this policy.
   • The institution shall maintain permanently all submissions by the student and all decisions of institutional officials and committees relating to academic misconduct.

IV. Disciplinary Sanctions

1. Institutions shall publish this policy, provide notice of potential disciplinary sanctions applicable to both students and student organizations.   Disciplinary sanctions may be imposed only after a violation of this policy has been established. Disciplinary sanctions may be imposed, either singly or in combination, by the appropriate institution or school officials.
2. Types of Sanctions.
   • Restitution. Restitution may be required in situations which involve theft, destruction, damage, or loss of property, or unreimbursed medical expenses resulting from physical injury. When restitution is required, the student or student organization is obligated by the appropriate institutional authority to compensate a party or parties for a loss suffered as a result of disciplinary violation(s). This action may take the form of appropriate service, monetary compensation, or material replacement. Any monetary payment in restitution shall be limited to actual cost of repair, replacement or financial loss;
   • Warning. The appropriate institutional official may notify orally or in writing the student or student organization that continuation or repetition of specified conduct may be cause for other disciplinary action;
   • Reprimand. A written or verbal reprimand or censure may be given to any student or student organization whose conduct violates any part of this policy and provides notice that that any further violation(s) may result in more serious penalties;
   • Service to the Institution or Community. A student, or student organization, may be required to donate a specified number of service hours to the institution performing reasonable tasks for an appropriate institution office, official(s), or the local community. The service required shall be commensurate to the offense ( including but not limited to service for maintenance staff for defacing institutional property);
   • Specified Educational/Counseling Program. A student or student organization may be required to participate in specified educational or counseling program(s) relevant to the offense, or to prepare a project or report concerning a relevant topic;
   • Restriction. A restriction upon a student’s or student organization’s privileges for a period of time may be imposed. This restriction may include, but is not limited to denial of the ability to represent the institution at any event, ability to participate in institution or TBR sponsored travel, use of facilities, parking privileges, participation in extracurricular activities or restriction of organizational privileges;
   • Probation. Continued enrollment of a student or recognition of a student organization on probation may be conditioned upon adherence to this policy. Any student or organization placed on probation will be notified in writing of the terms and length of the probation. Probation may include but not be limited to restrictions upon extracurricular activities, or any other appropriate special condition(s). Any conduct in further violation of this policy while on probationary status or the failure to comply with the terms of the probationary period may result in the imposition of further disciplinary action;
   • Suspension. Suspension is the separation of a student or student organization from the institution for a specified period of time. Suspension may be accompanied by special conditions for readmission or recognition;
   • Expulsion. Expulsion entails a permanent separation from the institution. The imposition of this sanction is a permanent bar to the student’s admission, or a student organization’s recognition by the institution. A student or organization that has been expelled may not enter institution property or facilities or institution-controlled property or facilities without obtaining prior approval from an appropriate campus official with knowledge of the expulsion directive;
   • Revocation and Withholding of Admission, Degree, or Credential; and
   • Interim Involuntary Withdrawal or Suspension. As a general rule, the status of a student or student organization accused of violation of TBR rules, this policy, or an institutional policy should not be altered until a final determination has been made in regard to the charges. However, interim or involuntary withdrawal or suspension, pending the completion of disciplinary procedures, may be imposed upon a finding that the conduct, or attempted conduct of the student poses a direct threat to the safety of any other member of the institution, its guests, property, or the student’s behavior is materially and substantially disruptive of the institution’s learning environment or other campus activities. In any case of interim or involuntary withdrawal or suspension, the student, or student organization, shall be given an opportunity at the time of the decision, or as soon thereafter as reasonably possible, to contest the suspension in accordance with this policy;
3. The president is authorized, either personally or through a designee, to negotiate a mutually acceptable resolution to any disciplinary proceeding or to rescind or convert any sanction imposed to a lesser sanction.

V. Disciplinary Procedures

1.  Institutions shall provide students with a system of constitutionally and legally sound procedures that provide the protection of due process of law in accordance with TBR Systemwide Student Rules, this policy, and applicable state and federal law. All policies adopted related to student conduct shall be subject to prior review and approval by the TBR Offices of General Counsel and Academic Affairs. Once adopted or amended, all disciplinary procedures shall be affirmatively communicated to the faculty, staff, and students of the institution as well as published in appropriate websites, handbooks, or manuals.
2. At community colleges, the Vice President of Student Affairs or other administrator designated by the institution is responsible for matters within the scope of this policy, except that the Chief Academic Officer is responsible for matters related to academic misconduct.  In situations where the conduct could fall within both areas of responsibility, the two offices will confer and decide which procedures will apply and advise the student or student organization in writing of the decision. At colleges of applied technology, the president or designee has responsibility.
3. Complaints related to discrimination, harassment, and retaliation that are not subject to another rule will be investigated and resolved in accordance with this policy and the institution’s restatement of this policy, procedures, and processes.
   • In determining whether the evidence establishes a violation of institutional policy, the institution shall use the preponderance of the evidence standard for contested cases, as explained in TBR Policy 1.06.00.05, Uniform Procedures for Cases Subject to the Uniform Administrative Procedures Act and Department of State Rule 1360-04-01. At all times the burden of obtaining evidence and establishing a violation shall be on the institution.
   • In the event of bias or conflict of interest by an institutional official, the institution may appoint a substitute, who may or may not be employed by the institution.
   • The investigator shall conduct an appropriate investigation, which may include interviews of the parties and witnesses, as well as review of documents and other information. The purpose of the investigation is to determine whether the evidence establishes a violation of institutional policy and procedures. The parties are encouraged, but not required, to provide information that they want the investigator to consider.
   • The investigator shall provide written notice of receipt of a written complaint or the decision to initiate an investigation.
   • The investigator shall notify students that the institution will comply with FERPA and only disclose information in accordance with FERPA and other applicable law.
   • The investigator shall prepare a report summarizing the investigation.  The report shall include, but not be limited to, the dates of the alleged occurrences, the response of the respondent, the findings of the investigator, and recommendations regarding disposition of the complaint.
   • The report shall be submitted to the institution’s president within sixty (60) calendar days following receipt of the complaint, absent cause for extending the investigation timeline.  In situations where more time is needed to complete the investigation, written notice shall be provided to the parties explaining the reasons.
   • The president shall review the investigator’s report and shall make a written determination as to whether this policy, and institutional policy, processes, and procedures have been violated and the appropriate disciplinary sanction, if any. The president’s determination and the investigator’s report shall be provided to the parties, unless prohibited by law.
   • Either party may send a written request to reconsider to the president within ten (10) working days, absent good cause, of receipt of the president’s determination.
     1. The request to reconsider process shall consist of an opportunity for the parties to provide information to the president’s attention that would change the determination and/or disciplinary sanction.  A party must explain why the factual information was incomplete, the analysis of the facts was incorrect, the determination was affected by bias or a conflict of interest, procedural irregularity, and/or the appropriate standard was not applied, and how this would affect the determination. Failure to do so may result in denial of the request to reconsider.
     2. The parties will not be allowed to present their request to reconsider in person unless the president determines, in his or her sole discretion, to allow an in-person appearance.
     3. The president shall issue a written response to the request to reconsider as promptly as possible.  The decision will constitute the institution’s final decision.
     4. The institution shall provide written notice of the ability to contest the determination and/or disciplinary sanctions, including where applicable, the ability to request a contested case hearing pursuant to the UAPA, to the parties at the time the parties are advised of the determination and upon the resolution of any request to reconsider or appeal.
4. Students and student organizations subject to any disciplinary sanction are entitled to a due process hearing in accordance with this policy and standards established by the constitutions of the State of Tennessee and the United States unless that right is waived after receiving written notice of the available procedures.
5. All proceedings under this policy will be held in closed session and not open to the public.  Formal rules of evidence shall not be applicable. The administrator or committee chair may exclude evidence which in their judgment is immaterial, irrelevant, or unduly repetitious.
6. Written notice to a student or student organization is accomplished either by handing a copy to the student; sending documents via to email to the student’s or student organization’s institutional email account; email account of record on file with the institution; or by sending a copy via certified mail, registered mail, return receipt requested mail, or a nationally recognized delivery service that tracks delivery to the student’s residence of record or the student organization’s address of record.
7. Initiation of Charges
   • An institution may initiate the disciplinary process on the basis of written allegations received from any source, including any member of the college community.  Complaints should be directed to the Vice President of Student Affairs or other administrator identified by the institution, except that complaints relating to discrimination, harassment, and retaliation should be referred to the administrator identified by the institution so that such complaints can be handled in accordance with institutional policy and procedures. The institution may also initiate disciplinary procedures without written allegations if it becomes aware of potential violations of these rules through other means.
   • When the allegations, if proven, may warrant the imposition of a disciplinary sanction, the institution shall inform the student of the allegations and proceed to gather information concerning the matter, including, but not limited to, interviewing relevant witnesses and reviewing relevant documents and evidence.  Students who may be the subject of disciplinary sanctions will be provided the minimum due process protections identified in this policy.
   • After reviewing the evidence, the administrator with responsibility for the matter shall decide whether sufficient evidence exists to charge the student, and if so, the appropriate disciplinary sanction(s). Notice of the charges and disciplinary sanction(s), if any, shall be provided in writing to the student. If there is insufficient evidence to continue the disciplinary process, the matter will be closed, and written notice will be provided to the student.
8. Minimum Due Process Protections. Institutions shall provide the following minimum procedural due process protection components in disciplinary matters:
   • The student shall be advised, in writing, of the breach of the policy provision(s) of which he or she is charged;
   • The student shall be advised of the time, date, and place of the hearing allowing reasonable time for preparation; and
   • The student shall be advised of the following rights applicable at the hearing:
     1. The right to present his or her case;
     2. The right to be accompanied by an advisor of his or her choice. The advisor’s participation shall be limited to advising the student, and not include advocating on behalf of the student, speaking on behalf of the student, or otherwise actively representing the student.  An advisor is not permitted to interfere with the hearing;
     3. The right to call witnesses on his or her behalf;
     4. The right to confront witnesses against him or her; and
     5. The method and time limitations for appeal, if any is applicable.
9. Options for Students. Four potential processes exist for adjudication of disciplinary matters. The student will be informed in writing of each available option and the due process rights associated with each option. A student will have five (5) business days following written notification to select an option.  If a student fails to return the election of a procedure in a timely manner, the student will be deemed to have waived the right to contest the disciplinary sanction.  Selection of one option constitutes waiver of all other options.
   • Contested Case Hearing: All cases which may result in either: suspension or expulsion of a student from the institution for disciplinary reasons, or revocation of registration of a student organization, are subject to the contested case provisions of the Uniform Administrative Procedures Act , T.C.A. § 4-5-301 et seq., and TBR Policy 1.06.00.05, Uniform Procedures for Cases Subject to the Uniform Administrative Procedures Act, unless the student or student organization, after receiving written notice, waives those procedures.
   • A student at a community college may elect an institutional panel hearing.  A student at a college of applied technology may elect a formal hearing in front of a single administrator appointed by the president.
     1. Institutional Panel Hearing (Community Colleges)
        1. An institutional panel hearing committee at a community college shall consist of at least three (3) individuals and include at least one (1) student. The dean of students or other administrator identified by the institution will assemble the committee and coordinate the hearing but will not vote as to the committee’s decision.  An individual who has an interest in the incident, a conflict of interest, or a bias is not permitted to serve on the committee. The institution may appoint individuals from standing pools and/or appoint ad hoc committees.
        2. The committee will set a hearing date that is within fifteen (15) business days of receipt of the student’s request for a panel hearing. The student must be notified of the date, time, and location of the hearing as soon as possible, but given at least seven (7) calendar days’ notice.  A student will be notified of the due process protections provided for in these rules.
        3. The committee will conduct the hearing, consider the relevant evidence presented, and make a decision based on a simple majority vote. The committee can either uphold, overturn, or lessen the disciplinary finding and/or sanction.  The results of the decision will be conveyed to the student in writing, through the dean of students or other administrator identified by the institution, within ten (10) business days of the hearing.
        4. If the committee upholds or lessens the disciplinary finding and/or sanction, the student may appeal in writing to the president within five (5) business days following receipt of the decision of the committee. The president will make a decision within ten (10) business days. The president’s decision is final.
        5. The president, dean of students or other administrator identified by the institution has the ability to extend deadlines for good cause and upon written notice to the student.
        6. The institution shall maintain all submissions by the student and all decisions of institutional officials and committees permanently.
     2. Formal Administrative Hearing (Colleges of Applied Technology)
        1. The president of a college of applied technology shall appoint an administrator who will set a hearing date that is within fifteen (15) business days of receipt of the student’s request for a hearing. The student must be given at least seven (7) calendar days’ notice of the hearing.  A student will be notified of the due process protections provided for in this policy.
        2. The administrator will conduct a hearing, consider the relevant evidence presented, and make a decision either upholding, overturning, or lessening the disciplinary finding and/or sanction.  The results of the decision will be conveyed to the student within ten (10) business days of the hearing.
        3. If the administrator upholds or lessens the disciplinary finding and/or sanction, the student may appeal in writing to the president within five (5) business days following receipt of the decision of the committee. The president will make a decision within ten (10) business days. The president’s decision is final.
        4. The president has the ability to extend deadlines for good cause and upon written notice to the student.
   1. Administrative Resolution.  An administrative resolution involves the student meeting with a single administrator appointed by (i) for community college students, the dean of students or other administrator identified by the institution or (ii) for college of applied technology students, the president.  There is no appeal. The decision of the administrator is final.
   2. A student may elect not to contest the disciplinary action, either affirmatively or by failing to return the election of a procedure in a timely manner, which serves as a waiver of the right to contest the disciplinary action.
10. Procedures Related to Interim Involuntary Withdrawal or Suspension Hearings.
    • When the Vice President for Student Affairs or other administrator identified by the institution determines that an interim suspension or other interim measure is required for the health and safety of the institutional community and/or property, or to prevent an ongoing imminent threat of disruption to or interference with the normal operations of the institution, the student will receive an opportunity for an informal hearing with the Vice President of Student Affairs or other administrator identified by the institution to contest the interim measure.
    • The informal hearing will be held within five (5) calendar days, absent good cause.
    • The evidence presented at the hearing shall be limited to that which is relevant to the basis asserted for imposition of the interim suspension or other interim measure.
11. Alternative Resolution Procedures: An institution, with the consent of all relevant parties, may use an alternative resolution method including, but not limited to, an apology, mediation, or a negotiated resolution.

T.C.A. § 49-8-203; All Federal and State statutes, codes, rules and regulations referenced in this policy.

TBR Meetings, December 2, 1977; March 3, 1978; March 18, 1983; September 30, 1983; TBR Board Meeting, March 29, 2012; TBR Board Meeting June 19, 2015; TBR Board Meeting June 18, 2021 (Effective August 16, 2021 for Community Colleges and August 26, 2021 for TCAT’s ); September 23, 2022 updated Exhibit 1.

Part 3 - Sex Discrimination, Sexual Harassment, or Sexual Misconduct 6.01.00.00

Statement of Purpose

It is the intent of  the Tennessee Board of Regents that Walters State Community College shall fully comply with Title IX of the Education Amendments of 1972, §485(f) of the HEA, as amended by §304 of the Violence Against Women Reauthorization Act of 2013, the regulations implementing these Acts found at 34 CFR §668.41, §668.46, and Appendix A to Subpart D of Part 668; and Sections 799A and 845 of the Public Health Service Act and Regulations issued pursuant thereto found at 45 CFR Parts 83 and 86. The policies in this area are adopted to address such compliance.

Definitions

For purposes of this policy area the following definitions shall apply:

• Sex Discrimination is treating someone less favorably because of that person’s sex, sexual orientation or gender identity/expression.
• Sexual Harassment is unwelcome conduct based on a person’s sex, sexual orientation or gender identity/expression that:
  • Adversely affects a term or condition of an individual’s employment, education, participation in an institution’s activities or living environment;
  • Has the purpose or effect of unreasonably interfering with an individual’s employment or academic performance or creating an intimidating, hostile, offensive or abusive environment of the individual; 
  • Is used as a basis for or a factor in decisions that tangibly affect that individual’s employment, education, participation in an institution’s activities or living environment; or 
  • Some sexual harassment can also meet the definition of sexual misconduct.
• Sexual Misconduct for purposes of this policy area includes dating violence, domestic violence, sexual assault, stalking, and Title IX sexual harassment as they are defined in Policy 6.03.00.00.

Policy/Guideline

I. Applicable Policies and Procedures

1. Complaints of sex discrimination or sexual harassment by or against students, faculty or staff shall be governed by Policy 6.02.00.00 and P-080. Complaints of sexual misconduct shall be governed by Policy 6.03.00.00.

Part 4 - Sexual Misconduct 6.03.00.00

Statement of Purpose

It is the intent of the Tennessee Board of Regents that the institutions under its jurisdiction shall fully comply with Title IX of the Education Amendments of 1972, §485(f) of the HEA, as amended by § 304 of the Violence Against Women Reauthorization Act of 2013, the regulations implementing these Acts found at 34 CFR §668.41, §668.46, and Appendix A to Subpart D of Part 668. This policy addresses the offenses defined herein as “Sexual Misconduct.” Sexual Misconduct is a subset of a broader category of sexual harassment.  Allegations of sexual harassment that do not meet the definition of Sexual Misconduct will be handled in accordance with TBR Guideline P-080 and applicable institutional policy. 

Definitions

For the purpose of this policy, the following definitions shall apply:

• Complainant – a person who is alleged to be the victim of conduct that could constitute Sexual Misconduct. A Complainant may also be referred to as a Party. 
• Consent - an active agreement to participate in a sexual act. An active agreement is words and/or actions that indicate a willingness to participate in a sexual act. Consent cannot be given by an individual who is asleep; unconscious; or mentally or physically incapacitated, either through the effect of drugs or alcohol or for any other reason; or, is under duress, threat, coercion, or force. Past consent does not imply future consent. Silence or an absence of resistance does not imply consent. Consent can be withdrawn at any time.
• Dating violence - violence against a person when the accuser and accused are dating, or who have dated, or who have or had a sexual relationship. ({Dating” and ({dated” do not include fraternization between two individuals solely in a business  or non-romantic social context. Violence includes, but is not necessarily limited to,
  • inflicting, or attempting to inflict, physical injury on the accuser by other than accidental means;
  • placing the accuser in fear of physical harm;
  • physical restraint;
  • malicious damage to the personal property of the accuser, including inflicting, or attempting to inflict, physical injury on any animal owned, possessed, leased, kept, or held by the accuser; or,
  • placing a victim in fear of physical harm to any animal owned, possessed, leased, kept, or held by the accuser.
• Domestic violence – includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime occurs, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the crime occurs. In cases involving allegations of mutual acts or threats of acts of violence, the investigator will, when appropriate, identify the primary aggressor in the situation based on the totality of the information gathered, including without limitation: the history of violence between the Parties; the relative severity of the injuries inflicted on each person; information gathered from the persons involved in the situation and witnesses to the situation; and whether the acts or threats were done in self-defense. The primary aggressor will be considered the Respondent for purposes of evaluating Domestic Violence.
• Education program or activity - education programs and activities include locations, events, or circumstances over which the TBR or a TBR institution exercises substantial control over both the Respondent and the context in which the alleged Sexual Misconduct occurred. Relevant factors include whether the alleged conduct took place (i) on or off premises owned or controlled by TBR or a TBR institution, (ii) during school or work hours, (iii) as part of an institution-sponsored social activity, and (iv) as part of an activity that advances an educational purpose. Education programs or activities also include any building owned or controlled by a student organization that is officially recognized by a TBR institution. Whether Respondent is aTBR or TBR institutional employee, and if so, the nature of the Respondent’s employment may be relevant. No single factor is determinative, including whether or not the alleged harassment took place on premises owned or controlled by an institution. The Title IX Coordinator, after consulting with the Office of General Counsel, will make a fact-specific decision whether, if proven, the allegations arise out of an education program or activity. Where some alleged Sexual Misconduct took place within a TBR or TBR institution education program or activity and some took place outside of it, the Title IX Coordinator will determine whether to investigate all of the allegations in accordance with this policy. The decision-maker will also make a determination whether the TBR institution has established by a preponderance of the evidence that Sexual Misconduct took place in an institutional education program or activity.
• Force/Forced - words and/or conduct that, viewed from the perspective of a reasonable person, substantially impair(s) a person’s ability to voluntarily choose whether to take an action or participate in an activity. Examples of Force include, without limitation:
  • Physical force (e.g., hitting, punching, slapping, kicking, restraining, choking, kidnapping, using a weapon, blocking access to an exit);
  • Words and/or conduct that would cause a reasonable person to fear:
    • Physical force or other harm to the person’s health, safety, or property, or a third person’s health, safety, or property;
    • Loss or impairment of an academic benefit, employment benefit, or money;
    • Disclosure of sensitive personal information or information that would harm a person’s reputation;
    • Disclosure of video, audio, or an image that depicts the person’s nudity or depicts the person engaging in a sexual act(s); or
    • Other immediate or future physical, emotional, reputational, financial, or other harm to the person or a third person.
• Formal Complaint - a document filed by a Complainant or signed by the Title IX Coordinator alleging Sexual Misconduct against a Respondent and requesting that the institution investigate the allegation. At the time of filing a Formal Complaint, a Complainant either must be participating in or attempting to participate in the institution’s education program or activity implicated by the Formal Complaint.
• “Incapacitation” means that a person lacks the ability to actively agree to a sexual act because the person is asleep, unconscious, under the influence of an anesthetizing or intoxicating substance such that the person does not have control over their body, is otherwise unaware that a sexual act is occurring, or their mental, physical, or developmental abilities renders them incapable of making a rational informed judgment. Incapacitation is not the same as legal intoxication. See Clarifications for more information.
• Respondent – a person who has been alleged to be a perpetrator of conduct that could constitute Sexual Misconduct. A Respondent may also be referred to as a Party.
• “Retaliation” means to intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by this policy, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing. Intimidation, threats, coercion, or discrimination, including charges against an individual for conduct violations that do not involve sex discrimination or sexual harassment, but arise out of the same facts or circumstances as a report or complaint of sex discrimination, or a report or Formal Complaint of sexual harassment, for the purpose of interfering with any right or privilege secured by this policy constitutes retaliation. Retaliation is a violation of this policy regardless of whether the underlying allegation of a violation of this policy is ultimately found to have merit.
  • The exercise of rights protected under the First Amendment and other provisions of the United States Constitution does not constitute retaliation.
  • Charging an individual with a policy or conduct violation for making a materially false statement in bad faith in the course of a grievance proceeding under this policy does not constitute retaliation.
• “Sexual Assault” is an umbrella term that includes rape, fondling, incest, and statutory rape.
  • “Rape” means the penetration, no matter how slight, of the vagina or anus, with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.
  • “Fondling” means the touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of age or because of temporary or permanent mental incapacity.
  • “Incest” means sexual intercourse between persons who are related to each other within degrees where marriage is prohibited by law.
  • “Statutory rape” means sexual intercourse with a person who is under the statutory age of consent.
• Title IX Sexual Harassment – conduct on the basis of sex that satisfies either of the following:
  • an employee of an institution conditioning provision of an aid, benefit, or service of an institution on an individual’s participation in unwelcome sexual conduct (quid pro quo);
  • unwelcome conduct of a sexual nature determined by a reasonable person to be so severe, pervasive and objectively offensive that it effectively denies a person equal access to the institution’s education program or activity. “Reasonable person” means a reasonable person under similar circumstances as and with similar identities to the Complainant. TBR institutions will consider the totality of the circumstances, including without limitation, the context in which the conduct and/or words occurred, and the frequency, nature, and severity of the words and/or conduct. In no event shall Title IX sexual harassment be construed to prohibit speech protected by the First Amendment to the United States Constitution (e.g., merely offensive or insulting speech). (With respect to conduct by employees, TBR institutions also prohibit sexual harassment in accordance with TBR Guideline P-080 and institutional policy.) See Clarifications for more information.
• Stalking – engaging in a course of conduct directed at a specific person that would cause a reasonable person to either (a) fear for his or her safety or the safety of others or (b) suffer substantial emotional distress. “Course of conduct” means two or more acts, including, but not limited to, acts in which a person directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates with or about another person, or interferes with another person’s property. “Substantial emotional distress” means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling. For the definition of Stalking, “reasonable person” means a reasonable person under similar circumstances and with similar identities to the Complainant.

Policy/Guideline

I. Prohibition of Sexual Misconduct and General Information

1. Sexual Misconduct is a form of sex discrimination prohibited by Title IX. TBR is committed to helping its institutions rid their campuses of any and all acts of Sexual Misconduct. As set forth in this policy, Sexual Misconduct includes Title IX Sexual Harassment, Dating Violence, Domestic Violence, Stalking, and Sexual Assault. TBR and its institutions strictly prohibit these offenses. Each institution shall adopt its own policy that is consistent with this policy. For purpose of institutional policies, a reference to the institution includes the TBR System Office for any complaints, investigations, adjudications, and other proceedings that involve the TBR System Office 
   1. Because Sexual Misconduct is a subset of the broader category of sexual harassment, not all sexual harassment allegations will be handled according to this policy. Allegations of sexual harassment that do not fall within the more limited definition of Sexual Misconduct or otherwise do not meet the criteria for filing a Formal Complaint will be handled in accordance with TBR Guideline P- 080 and institutional policy.
   2. With respect to allegations of Sexual Misconduct against faculty and staff in which a student is not the Complainant, additional laws and policies apply, most notably Title VII and anti-discrimination policies. In such situations and absent unusual circumstances, the Complainant may file a Formal Complaint pursuant to this policy or proceed pursuant to TBR Guideline P-080 and the appropriate institutional policy.
   3. With respect to allegations of Sexual Misconduct in which a student is either a Complainant or Respondent and meets the criteria for filing a Formal Complaint, absent unusual circumstances, pursuing a Formal Complaint pursuant to this policy will be the appropriate method of addressing the allegations.
   4. Upon receiving and assessing a report of Sexual Misconduct and/or sexual harassment, the Title IX Coordinator will decide whether the criteria for proceeding under this policy are met and whether another policy may apply. If there is a possibly of proceeding pursuant to TBR Guideline P-080 and another institutional policy, the Title IX Coordinator will explain the options.
   5. In addition to conduct by student, faculty, and staff, this policy applies to conduct by third parties. An example of a third party is a vendor with whom the institution contracts to provide services.
   6. This policy applies to all students and employees, regardless of sexual orientation or gender identity.
2. Title IX Coordinators
   1. Each institution shall clearly identify its Title IX Coordinator’s name and contact information (mailing address, phone number, email address, etc.) in its institutional policy and on its website. A Deputy Title IX Coordinator has the same authority under this policy as the Title IX Coordinator.
   2. To view a list of Title IX Coordinators by Institution, follow this link:https://www.tbr.edu/oesi/office-organizational-effectiveness
3. Lack of Bias and Equitable Treatment 
   1. Neither the Title IX Coordinator, any investigator, any decision-maker, any person designated to facilitate an informal resolution process, nor anyone deciding an appeal will have a conflict of interest or bias for or against complainants or respondents generally, or against an individual Complainant or Respondent.
   2. The Title IX Coordinator is responsible for appointing investigators, decision- makers, and appellate reviewers, and may appoint someone from another institution or someone not employed by a TBR institution in order to avoid potential bias or for other reasons. In the event of 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 Title IX Coordinator should report the matter to TBR Central Office.
   3. Institutions will provide a prompt, fair, and impartial investigation, adjudication, and, if applicable, disciplinary process. Institutions will treat Complainants and Respondents equitably, which includes an objective evaluation of all relevant evidence, including both evidence that tends to prove or disprove the allegations.
   4. Credibility determinations will not be based on a person’s status as a Complainant, Respondent, or witness.
   5. The investigation will proceed with a presumption that the Respondent is not responsible for the alleged conduct unless and until a Determination of responsibility for a violation of this policy is made at the conclusion of the decision-making process. It is the institution’s responsibility to establish Sexual Misconduct by a preponderance of the evidence. The burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility rests with the institution.  The parties do not carry the burden of proof.
   6. The institution shall provide simultaneous written notification to the Parties of (1) any initial, interim, or final decision by an official authorized to resolve disciplinary matters, (2) any available appeal procedures for that decision, (3) any change to that decision, and (4) when that decision becomes final. The Parties will receive timely and equal access to information.

II. How to Report Sexual Misconduct

1. TBR institutions take seriously all complaints of sexual discrimination, sexual harassment, and Sexual Misconduct. This section explains the various reporting, complaint, and confidential disclosure options available to enable individuals to make informed choices about where to turn should they experience sexual discrimination, sexual harassment, or Sexual Misconduct.
   1. A Sexual Misconduct report can be made at any time, including during non-business hours, by using the telephone number or electronic mail address, or office mail address listed for the Title IX Coordinator.
   2. TBR recommends that reports and complaints of all Sexual Misconduct be made to the Title IX Coordinator so that the institution can respond appropriately. Although reports and complaints of Sexual Misconduct may be made at any time, reports should be made as soon as possible so that the institution is best able to address the allegation.
   3. TBR encourages anyone who witnesses, experiences, or has information about possible Sexual Misconduct to take reasonable actions to prevent or stop such actions. This may include speaking up while the behavior is taking place or immediately afterwards, reporting the behavior (in accordance with the reporting options outlined in this policy), directly intervening when it is safe and reasonable to do so, contacting law enforcement, or other means. A person who has been subjected to any type of Sexual Misconduct need not confront the other Party. The appropriate process to address the conduct is through this or other applicable policy.

Walters State encourages victims of sexual violence to talk to somebody about what happened so they can get the support they need and so the College can respond appropriately. Though reports will be kept as confidential as possible, the College cannot guarantee the confidentiality of every report or complaint.  The following provisions detail the confidentiality options available to individuals.

1. Reporting Confidentially

If a victim chooses to report an incident of sexual misconduct in a confidential manner, the victim can report the incident to the following person, a licensed counselor, who is required by Tennessee State law to maintain confidentiality of a victim:

Roxanne Bowen

Coordinator of Multicultural Engagement/Counselor

Walters State Community College

500 South Davy Crockett Parkway

Morristown, TN  37813

Student Services Building – Room U144

423-585-6806

roxanne.bowen@ws.edu

If the victim chooses to report in a confidential manner, the College may be unable to conduct an investigation into the matter or pursue disciplinary action against the alleged offender.

2. Filing a Complaint at Walters State

Reports of acts of sexual misconduct to any other employee of the College must be reported to the Title IX Coordinator, and the College will take immediate and appropriate steps to investigate what happened and to resolve the matter promptly and equitably.

1. The College shall not share information with law enforcement without the victim’s consent or unless the victim has also reported the incident to law enforcement.
2. Before a complainant reveals any information to an employee, the employee must ensure that the complainant understands the employee’s reporting obligations.
3. If the complainant wants to maintain confidentiality, the employee must direct the victim to confidential resources as detailed above.
4. If the complainant wants to tell an employee what happened but also maintain confidentiality, the employee must advise the complainant that the College will consider the request, but cannot guarantee that it will be able to honor it. In reporting the details of the incident to the Title IX Coordinator, the employee will also inform the Coordinator of the complainant’s request for confidentiality.
5. An institutional complaint can be filed directly with either or both of the following:

   Title IX Coordinator	Vice President for Student Affairs
   Jarvis Jennings	Dr. Angi Smith
   500 S. Davy Crockett Parkway	500 S. Davy Crockett Parkway
   Morristown, TN  37813	Morristown, TN 37813
   Dr. Jack E. Campbell College Center, Room 109B	R. Jack Fishman Library, LIB-301
   Jarvis.Jennings@ws.edu	angi.smith@ws.edu
   423-585-6845	423-585-2680

    

1. Supportive and Interim Measures
   1. After receiving a report of potential Sexual Misconduct, whether or not the report is a Formal Complaint, the Title IX Coordinator will contact the Complainant to discuss the availability of Interim/Supportive Measures, inform the Complainant of their availability, and consider the Complainant’s wishes with respect to potential Interim/Supportive Measures. The Title IX Coordinator will also explain the process for filing a Formal Complaint.
   2. The Title IX Coordinator, in conjunction with the appropriate department, may implement interim, supportive, or protective measures while assessing, investigating, and resolving the report. These Interim/Supportive Measures are non-disciplinary, non-punitive, individualized services and are offered without fee or charge to the Complainant or Respondent before or after the filing of a Formal Complaint or where no Formal Complaint has been filed.
   3. They are designed to restore or preserve equal access to the institution’s programs or activities without unreasonably burdening the other Party and may include measures designed to protect the safety of all Parties or the institution’s educational environment or deter Sexual Misconduct.
   4. These measures may include, but are not limited to: mutual no-contact directives; access to counseling services and assistance in setting up an initial appointment; changing schedules, assignments, or job/study locations to lessen or minimize contact; extensions of deadlines and course-related adjustments; limiting or barring an individual’s or organization’s access to certain institutional facilities or activities; providing an escort to ensure safe movement on campus; providing academic support services, such as tutoring; arranging for a Party to re-take a course or withdraw from a class without penalty; administrative leave; leave of absence; institution-imposed leave or physical separation from individuals or locations.
   5. The institution will attempt to maintain the confidentiality of such Interim/Supportive Measures, to the extent that it can do so without impairing its ability to effectuate the Interim/Supportive Measures or to investigate and adjudicate the complaint.
2. Formal Complaint
   1. Any person alleging to be a victim of Sexual Misconduct that took place within an education program or activity of a TBR institution in the United States may file a Formal Complaint under this policy.
   2. A Complainant who wants a TBR institution to conduct an investigation and take action in accordance with this policy must file a Formal Complaint alleging Sexual Misconduct.
   3. A Complainant must submit a written Formal Complaint in person, by mail, or via electronic mail to the Title IX Coordinator. The document must contain the Complainant’s physical signature or a “digital signature.” (A digital signature is information transmitted electronically that enables the Title IX Coordinator to determine that the Complainant is the person submitting the complaint, including, but not limited to, an email from a TBR institutional account or a typed version of the Complainant’s name. A digital signature need not reproduce a written signature.) A Formal Complaint cannot be submitted anonymously.  Only the Title IX Coordinator can submit a Formal Complaint on behalf of another person.
   4. Although TBR institutions will attempt to consider the wishes of Complainants, including that no investigation be conducted, TBR institutions will also consider their obligations under both TBR policy and applicable law, including Title VII of the Civil Rights Act of 1964.  Thus, when the Title IX Coordinator receives a report of Sexual Misconduct, and especially when the complaint involves an employee, the Title IX Coordinator may decide to investigate the matter pursuant to Guideline P-080 and institutional policy, even if the Complainant does not want the report investigated. If the Title IX Coordinator decides to file a Formal Complaint, the Title IX Coordinator is not a “Party” to any investigation, Determination or hearing process.
   5. Complainants should provide as much of the following information as possible: what happened, where, and when; names of all people involved, including witnesses (if any); supporting documentation (if any); and contact information. TBR encourages reporting of Sexual Misconduct even if some or all information is unavailable or cannot be provided. The Title IX Coordinator will explain their role, the options for reporting an incident, potential available Interim/Supportive Measures, and the available resources for assistance.
3. Reporting by Employees
   1. Supervisors and managers who learn of Sexual Misconduct (or any form of sexual harassment or sex discrimination, or retaliation) must immediately report such concerns to the Title IX Coordinator.
   2. All employees who learn of Sexual Misconduct (or any form of sexual harassment or sex discrimination, or retaliation) are encouraged to report such matters to the Title IX Coordinator.
4. Anonymous and Third-Party/Bystander Reporting 
   1. Any third party/bystander who observes Sexual Misconduct is encouraged to report such incidents to the Title IX Coordinator. The institution may not be able to move forward with third-party reports if the Complainant does not wish to file a Formal Complaint or cooperate with an investigation.
   2. After providing a report, third parties are not entitled to information about the institution’s investigation and response due to privacy concerns and applicable federal and state laws.
5. Abuse of Minors
   1. Tennessee law mandates reporting by any person who has knowledge of physical or mental harm to a child if: (1) the nature of the harm reasonably indicates it was caused by brutality, abuse, or neglect; or (2) on the basis of available information, the harm reasonably appears to have been caused by brutality, abuse, or neglect. Tennessee law also mandates reporting by any person who knows or has reasonable cause to suspect that a child has been sexually abused, regardless of whether the child has sustained any apparent injury as a result of the abuse.
   2. In the event of a life-threatening emergency, a report of child abuse or child sexual abuse should be made by calling 911. In other cases, a report of child abuse or child sexual abuse must be made immediately to one of the following authorities:
      1. The Tennessee Department of Children’s Services (the Central Intake Child Abuse Hotline is 1-877-237-0004);
      2. The sheriff of the county where the child resides;
      3. The chief law enforcement official of the city where the child resides; or
      4. A judge having juvenile jurisdiction over the child.
   3. In addition, institutional employees shall make a report of child abuse or child sexual abuse in connection with an institutional program or activity to the Title IX Coordinator. Note that a report to an institutional law enforcement or security agency is not sufficient to comply with state law.
6. Law Enforcement 
   1. The following law enforcement agencies listed in this policy are available for emergency response, facilitating medical transport, investigating incidents of a criminal nature, referrals, and preserving evidence. Law enforcement may be required to report potential violations of this policy to the Title IX Coordinator and to report incidents of sexual assault and other criminal acts of a serious nature to other law enforcement authorities. Local law enforcement agencies include: Walters State Campus Police, Morristown Police Department, Hamblen County Sheriff’s Office, Sevierville Police Department, Greeneville Police Department, and Tazewell Police Department. 
7. Reporting Pursuant to the Nottingham Act.
   1. Unless the victim of a rape does not consent to the reporting of an offense, the chief security officer or chief law enforcement officer of each institution shall immediately notify the local law enforcement agency with territorial jurisdiction over the institution if the officer is in receipt of a report from the victim alleging that any degree of rape has occurred on the property of the institution. The chief security officer or chief law enforcement officer shall designate one (1) or more persons who shall have the authority and duty to notify the appropriate law enforcement agency in the absence of the chief security officer or chief law enforcement officer. In the case of an alleged rape, the institution’s law enforcement agency shall lead the investigation. After notifying the local law enforcement agency, the institution shall cooperate in every respect with the investigation conducted by the law enforcement agency. T.C.A. § 49-7-129.
   2. If the victim does not consent to the reporting, the chief security officer or chief law enforcement officer of each institution shall not report the offense to the local law enforcement agency. T.C.A. § 49-7-2207; T.C.A. § 49-7-129.

III. Additional Information

1. No Retaliation 
   1. Retaliation against a person who makes a report or files a complaint, participates or assists in an investigation, encourages another to file a complaint, or opposes Sexual Misconduct (or any other form of discrimination prohibited by institutional policy) is prohibited. Individuals must not interfere with an investigation. Retaliation will result in disciplinary measures, up to and including termination or expulsion.
   2. In order to help prevent retaliation, institutional policy is to keep confidential the identity of anyone who has made a report or complaint of sex discrimination, including anyone who has filed a Formal Complaint of Sexual Misconduct, any Complainant, any Respondent, and any witness except as is required to carry out an institution’s responsibilities under this policy, as permitted by FERPA, or as required by law. 
   3. Anyone who wishes to file a complaint of retaliation should contact the Title IX Coordinator.
2. Emergency Removal/Administrative Leave
   1. If it appears, based on an allegation of Sexual Misconduct, that a student may constitute an immediate and direct threat to the physical health or safety of another individual, the institution will conduct an individualized inquiry and risk analysis and may place the student on interim suspension on an emergency basis. If the institution implements an interim suspension, the student shall be given the opportunity at the time of the decision, or as soon thereafter as reasonably possible, to contest the interim suspension. Institutions shall follow the procedures set forth in TBR Policy 3.02.00.01-General Regulations on Student Conduct & Disciplinary Sanctions (and applicable institutional policies) before placing any student on interim suspension.
   2. The institution may place employees on administrative leave or similar action while addressing allegations of Sexual Misconduct.
   3. Visitors, vendors, and other third Parties may be removed from the premises consistent with applicable policies and procedures.
3. Court Orders
   1. Individuals may seek orders of protection, restraining orders, or other similar orders from a court of law.
4. Institutions shall not create a separate procedure for investigating and resolving complaints of Sexual Misconduct involving athletes or any other subgroup of students.
5. Participation in the Formal Complaint process by a Complainant, Respondent, institution, or other person does not waive applicable privileges, including attorney-client privilege, doctor-patient privilege, the peer review/quality improvement privilege, etc. The holder of a privilege may waive it in certain circumstances.

IV. Investigation and Outcomes

1. The Office of General Counsel shall always be consulted prior to investigation.
2. Intake and Assessment of Formal Complaints
   1. The Title IX Coordinator will assess the nature of reports and Formal Complaints, including whether one or more allegations meet the criteria for the filing of a Formal Complaint (e.g., whether the allegations include conduct that, if proven, took place in the United States and will constitute Sexual Misconduct in an education program or activity by a participant or someone attempting to participate in the education program or activity). If a Formal Complaint includes some allegations that, if proved, constitute Sexual Misconduct and some that do not meet that definition, the Title IX Coordinator will decide whether all allegations will be investigated pursuant to this policy or whether the allegations will be investigated according to another policy or guideline. As appropriate, the Title IX Coordinator may initiate proceedings under another policy, refer the matter to another department, and/or inform the Complainant about the availability of other methods to address the allegations.
   2. As part of the assessment, the Title IX Coordinator or designee may contact the Complainant and ask for information about the allegations. Supporting documents, such as emails, photos, text messages, and any other evidence should be preserved. If witnesses were present or have relevant knowledge, it is important to identify them, state what they may know, and inform the investigator how they can be contacted.
   3. Where Formal Complaints involving more than one Complainant and/or more than one Respondent arise out of the same facts and circumstances, the Title IX Coordinator may consolidate Formal Complaints.
3. Notice of Allegations
   1. Upon receipt of a Formal Complaint, the Title IX Coordinator will provide written notice to known Parties. (A Notice of Allegations will be provided even if the Formal Complaint is dismissed at the same time or shortly after the Notice of Allegations issues (e.g., the allegations if proven do not meet the definition of Sexual Misconduct)). The Notice of Allegations will enable both Parties to appeal the dismissal or to proceed under another policy.) The Notice of Allegations shall contain:
      1. an explanation of the investigation and grievance process, including a copy of or link to institutional policy, as well as any other applicable policies;
      2. the availability of an informal resolution process;
      3. explanation of the allegations potentially constituting Sexual Misconduct in sufficient detail and with sufficient time to prepare a response before any initial interview. A Respondent will have at least three (3) business days after issuance of a Notice of Allegations prior to an initial interview, but depending on the nature of the allegations, additional time may be offered or requested;
      4. the identity of the Parties involved in the incident, if known, and the date and location of the alleged incident;
      5. a statement that the Respondent is presumed not responsible for the alleged conduct unless and until a Determination of responsibility has been issued;
      6. a statement that the Parties may have an advisor of their choice at meetings they are permitted to attend. The advisor may be, but is not required to be, an attorney. (Parties may hire their own attorneys. At a live hearing only, TBR institutions will provide advisors to Parties who do not have their own);
      7. any statements in TBR institutional policies, procedures, or guidelines that prohibit knowingly making false statements or knowingly submitting false information during the process; and
      8. a statement that retaliation against a person who makes a report or files a complaint, participates or assists in an investigation, encourages another to file a complaint, or opposes Sexual Misconduct is prohibited and will result in disciplinary measures, up to and including termination or dismissal.
   2. If, during the course of an investigation, the institution decides to investigate allegations about the Complainant or Respondent that are not included in the Notice of Allegations, the institution will provide additional written Notice of Allegations to known Parties.
4. Dismissal of Formal Complaints
   1. The Title IX Coordinator shall obtain advice from the Office of General Counsel before dismissing a Formal Complaint.
   2. If the Title IX Coordinator concludes that the Complainant was not participating in or attempting to participate in an institutional education program or activity at the time of the Formal Complaint or that the conduct alleged in a Formal Complaint would not constitute Sexual Misconduct even if proved, did not occur in an institution’s education program or activity, or did not occur against a person while in the United States, the Title IX Coordinator shall dismiss the Formal Complaint.
   3. The Title IX Coordinator has discretion to dismiss a Formal Complaint or any allegations in it, if at any time during the investigation or hearing a Complainant notifies the Title IX Coordinator in writing that the Complainant would like to withdraw the Formal Complaint or any allegations in it; the Respondent is no longer enrolled by, employed by, or associated with a TBR institution; or specific circumstances prevent the TBR institution from gathering evidence sufficient to reach a Determination as to the Formal Complaint or allegations therein.
   4. The Title IX Coordinator may decide to dismiss a Formal Complaint of Sexual Misconduct and refer the matter for disposition pursuant to a different policy, guideline, or process when an allegation of Sexual Misconduct is dismissed or when a Formal Complaint ceases to include an allegation of Sexual Misconduct.
   5. Upon dismissal of a Formal Complaint for any reason, the Title IX Coordinator will promptly send written notice explaining the reasons for dismissal to the Parties. The dismissal notice will also explain whether the TBR institution will investigate or respond to the allegations under another policy, guideline, or process and the availability of other methods to address the allegations.
5. Informal Resolution
   1. Because a full investigation and adjudication process may not be in the best interests of all concerned, the Title IX Coordinator may decide to offer an informal resolution process. The informal resolution process is designed to provide flexibility in crafting a resolution to a Formal Complaint that meets the needs of the Parties and the institution. Informal resolutions may include meetings facilitated by the TBR institution or third parties, resolutions facilitated by the Title IX Coordinator without formal meetings, mediations, and/or restorative justice concepts. Disciplinary action may or may not be part of any informal resolution. Both Parties must agree in writing to participate in any informal resolution process that the Title IX Coordinator may offer.
   2. An informal resolution process is only available after the filing of a Formal Complaint and prior to a Determination regarding responsibility. If the Title IX Coordinator believes an informal resolution may be appropriate, the Title IX Coordinator will propose an informal resolution process in either the initial Notice of Allegations or a subsequent written document. The Title IX Coordinator may discuss with the Parties the details of how the process will work. The written notice will contain the allegations or refer to the Notice of Allegations, set out the informal resolution process, explain that at any time prior to agreeing to a resolution, the Complainant, Respondent, or the institution may withdraw from the informal resolution process and resume the investigation and adjudication process under this policy, and identify any records that will be maintained or shared related to the process.
   3. The Title IX Coordinator will not offer or facilitate an informal resolution process to resolve allegations that an employee engaged in Sexual Misconduct against a student.
6. Investigation of Formal Complaints
   1. The TBR institution will investigate all Formal Complaints, unless dismissed or resolved. During the investigation:
      1. The institution will not access, consider, disclose, or otherwise use a Party’s records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional acting in the professional’s capacity and made or maintained in connection with the treatment to the Party, unless the Party voluntarily consents in writing;
      2. The investigator will conduct an investigation that is appropriate under the circumstances. The investigation will include a review of documents and physical evidence, as well as interviews with the Parties and other witnesses, unless they decline to be interviewed. The investigator may request access to premises, records, and documents deemed relevant. As the investigation progresses, the investigator may seek clarification, including during a subsequent interview, from any person participating in the investigation regarding the incident or their statement. A Party who learns or remembers any additional information should notify the investigator immediately. The Parties will have an equal opportunity to provide evidence and to identify witnesses, including fact and expert witnesses. Parties are encouraged to provide, as soon as possible, any evidence that the Party believes to be relevant and wants the investigator to consider. If at all possible, all evidence should be provided in time for the investigator to make it available for inspection and review; 
      3. Although the Parties are encouraged to provide the institution with information and evidence related to the allegations, the institution is ultimately responsible for gathering evidence sufficient to reach a Determination regarding responsibility;
      4. The institution will not restrict the Parties from discussing the allegations under investigation or from gathering and presenting relevant evidence. Any restrictions on the ability of the Parties to discuss matters related to the proceeding but which are not under investigation will be explained in the Notice of Allegations;
      5. Each Party will have the opportunity to obtain and to be accompanied to a meeting or proceeding by an advisor of their choice, who may, but is not required to be, an attorney, in accordance with Section IV.H. below;
      6. When a Party is invited or expected to participate in a meeting, the institution will provide written notice of the date, time, location, participants, and purpose of the meeting, interview, or hearing, with sufficient time for the Party to prepare to participate;
      7. Both Parties will have an equal opportunity to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in a Formal Complaint, including evidence that is directly related to the allegations but upon which the institution does not intend to rely in reaching a Determination regarding responsibility. The institution will include both evidence that tends to prove and disprove the allegations, whether obtained from a Party or other source, so that each Party can meaningfully respond to the evidence prior to the conclusion of the investigation;
      8. Prior to the completion of an investigation report, the institution will send to each Party the evidence subject to inspection and review. Unless a Party requests that the institution not do so, the institution will also send the evidence to each advisor who has been identified. An institution may decide to provide access to evidence through electronic means that is not available for download. In such case, the Parties and their advisors are prohibited from, directly or indirectly, photographing or reproducing such evidence (unless the Party has access to the evidence independent of the portal, e.g., documents submitted by the Party or publicly available information); and
      9. The institution will provide at least ten (10) calendar days for the Parties to respond to the evidence provided for inspection and review. The investigator will share any written response with the other Party and will consider any written response prior to completing the investigative report.
7. Investigation Report
   1. At the conclusion of the investigation, the investigator will prepare written report. The report shall:
      1. identify the allegations;
      2. identify relevant policies, guidelines, and other standards;
      3. explain the procedural steps taken between receipt of the Formal Complaint and the conclusion of the investigation, including all notifications to the Parties, interviews with the Parties, interviews with other witnesses, dates of all interviews, any site visits, and the methods used to gather evidence; and
      4. fairly summarize the relevant evidence.
   2. The written report shall not make findings of fact or conclusions regarding the application of facts to this policy.
   3. At least ten (10) calendar days prior to a hearing, the investigator will send to each Party the investigation report in either electronic or hard copy, for review and written response. Unless a Party requests that the institution not do so, the institution will also send the investigation report to an advisor whom the Party has been identified.
   4. The Parties should provide any written response as soon as possible, as the investigator may issue an amended investigation report if the investigator deems appropriate and if a Party provides comments in sufficient time for the investigator to do so. The Parties’ written responses and any amended investigation report will be sent to the decision-maker.
8. Advisors
   1. Both the Complainant and the Respondent will be permitted to have an advisor of their choosing present during meetings where their attendance is permitted or expected. Nothing in this policy shall be read to require that an institution allow a Party to attend an interview of the other Party or of a witness.
   2. The advisor may accompany and confer privately with a Party, but the advisor may not interrupt, speak on behalf of a Party, or otherwise actively participate in any meeting, except for conducting cross-examination at a live hearing.
   3. An advisor’s failure to comply may result in the termination of the meeting or the advisor no longer being permitted to be present.
   4. TBR and institutional personnel employed in the offices responsible for the disciplinary proceedings described in this policy, along with those in the chain of command, personnel employed by OGC, and others whose participation could create a conflict of interest with their duties are not eligible to serve as advisors. The institution shall not otherwise limit the choice of an advisor.
   5. If there is a question or concern about a possible advisor, the Title IX Coordinator should be consulted. A Party choosing to have an attorney present as an advisor must provide advance notice so that a member of OGC can attend any meeting at which an attorney will be present.
9. Recordings
   1. Parties are not permitted to record any meeting conducted pursuant to this policy.
   2. When a live hearing is conducted, the institution will create an audio recording, audiovisual recording, or transcript and make it available to the Parties for inspection and review.
10. Past Relationships and Conduct
    1. Previous sexual relationships of the Complainant and Respondent with third parties generally are irrelevant.
    2. A past sexual relationship between the Complainant and Respondent may or may not be relevant. For example, past sexual encounters may provide insight on communication patterns for purposes of determining whether consent was present.
    3. Questions and evidence about a Complainant’s sexual predisposition or prior sexual behavior are not relevant, unless such questions and evidence about the Complainant’s prior sexual behavior are offered to prove that someone other than the Respondent committed the conduct alleged by the Complainant, or if the questions and evidence concern specific incidents of the Complainant’s prior sexual behavior with respect to Respondent and are offered to prove consent.
11. Standard of Evidence
    1. In determining whether Respondent engaged in Sexual Misconduct. TBR institutions use the preponderance of the evidence standard of evidence in evaluating whether Sexual Misconduct occurred. A “preponderance of the evidence” means the greater weight of the evidence or that, according to the evidence, the conclusion sought by the party with the burden of proof is the more probable conclusion. 
    2. The burden of proof will remain with the institution through the Determination.
12. Timeline
    1. Formal Complaints typically will be resolved (exclusive of any appeals) within 90 calendar days of filing.
    2. Appeals will be resolved within fifteen (15) calendar days of the filing of an appeal.
    3. Given the many variables and factors that may arise in such cases, additional time may be needed in some cases. Any departure from these time frames will be for good cause and communicated in writing or by email to both the Complainant and the Respondent simultaneously, along with a new timeline and explanation of the reasons.  Good cause to extend the deadlines includes, but is not limited to, the absence of a Party, a Party’s advisor, or witness; concurrent law enforcement activity; or the need for language assistance or the accommodation of disabilities.
    4. Incompletion of the process within such time frames is not cause for dismissal of a Formal Complaint.
13. Parallel Investigations with Law Enforcement
    1. The filing of a police report or the pendency of civil or criminal proceedings does not preclude the institution from proceeding with its investigation and Determination.
    2. The investigation and Determination may be delayed until law enforcement has finished gathering evidence and indicated that the institution may proceed with an investigation, but the institution generally will not wait for the conclusion of any criminal proceeding.
    3. Civil or criminal proceedings are separate and distinct from internal institutional proceedings, and they may or may not run parallel to one another. However, the institution may be required by law to provide information in civil or criminal proceedings.
    4. Institutional policies shall set forth parameters and clarify what information may and may not be shared during a parallel investigation with law enforcement (e.g., via a memorandum of understanding with local law enforcement).
14. Live Hearings
    1. The institution will conduct a live hearing of Formal Complaints not dismissed pursuant to this policy in order to make a Determination whether this policy has been violated. The decision-maker appointed by the Title IX Coordinator has the authority to maintain order at the hearing and make all decisions necessary for the fair, orderly, and expeditious conduct of the hearing. The decision-maker shall be the final decider concerning all aspects of the hearing, including prehearing matters and at the hearing, how evidence is examined and the order of witnesses.
    2. At the request of either Party, the institution will provide for the live hearing to be conducted with the Parties located in separate rooms with technology enabling the decision-maker and Parties to simultaneously see and hear the Party or the witness answering questions.
    3. In cases involving more than one Respondent, any Party may request separate hearings by submitting a request at least five (5) business days before the hearing.  The Title IX Coordinator will decide whether to grant the request.
    4. Live hearings may be conducted with all Parties physically present in the same geographic location or, at the institution’s discretion, any or all Parties, witnesses and other participants may appear at the live hearing virtually, with technology enabling participants simultaneously to see and hear each other.
    5. At least ten (10) business days prior to a live hearing, the institution will provide both Parties with written notice of the following:
       1. The time, place, date of the hearing, and electronic access information, if applicable;
       2. The name of each witness the institution expects to present or be present at the hearing and those the institution may present if the need arises;
       3. The right to request a copy of the investigative file (other than portions that are protected by law or privilege), which includes all of the evidence obtained as part of the investigation that is directly related to the allegations raised in the Formal Complaint;
       4. The right to request copies of all documents, copies of electronically stored information, and access to tangible evidence that the institution has in its possession, custody, or control and may use to support claims or defenses;
       5. The right to have an advisor of the Party’s choice, who may be, but is not required to be an attorney, and that if the Party does not have an advisor present at the hearing, the institution will provide an advisor of the institutions’ choice, without fee or charge, to ask the other Party and any witnesses all relevant questions and follow-up questions on behalf of that Party;
       6. Any Party in need of an institution-provided advisor must inform the Title IX Coordinator at least five (5) business days before the hearing;
       7. Any cross-examination of any other Party or witness must be conducted by the advisor; and
       8. Additional information may be included in the notice of hearing.
    6. When notice is sent by U.S. mail or courier service, the notice is effective on the date the notice is mailed or delivered to the courier service. When notice is hand delivered by the institution, notice is effective on the date that the notice is delivered to a Party. When notice is sent by email, the notice is effective on the date that the email is sent to the Parties’ institution-provided email account.
    7. The decision-maker may conduct a pre-hearing meeting or conference with the Parties and their advisors to discuss pre-hearing issues, including any technology to be used at the hearing and the general rules governing the hearing.
    8. The decision-maker may allow a temporary delay of the process or the limited extension of time frames for good cause with written notice to the Parties of the delay or extension and the reasons for the action. Good cause may include, but is not limited to, considerations such as the absence of a Party, a Party’s advisor, or a witness; concurrent law enforcement activity; or the need for language assistance or accommodation of disabilities.
    9. If a Party fails to attend a hearing, the decision-maker may proceed without that Party’s participation.
    10. During the hearing, the decision-maker will make evidence subject to review and inspection during the investigation phase available to give each Party equal opportunity to refer to that evidence, including for purposes of cross-examination.
    11. Questions and evidence about the Complainant’s sexual predisposition or prior sexual behavior are not relevant, unless such questions and evidence about the Complainant’s prior sexual behavior are offered to provide that someone other than the Respondent committed the conduct alleged by the Complainant, or if the questions and evidence concern specific incidents of the Complainant’s prior sexual behavior with respect to the Respondent and are offered to prove consent.
    12. Only relevant cross-examination and other questions may be asked of a Party or witness. Before a Complainant, Respondent, or witness answers a cross-examination or question from someone other than the decision-maker, the decision-maker will first determine whether the question is relevant and explain any decision to exclude a question as not relevant.
    13. The decision-maker will not require, allow, rely upon, or otherwise use questions or evidence that constitute, or seek disclosure of, information protected under a legally recognized privilege, unless the person holding the privilege has waived the privilege.
    14. The decision-maker will permit each Party’s advisor to ask the other Party and any witnesses all relevant questions and follow-up questions, including those challenging credibility. Such cross-examination at the live hearing will be conducted directly, orally, and in real time by the Party’s advisor and never by a Party personally. Conducting cross-examination will be the advisor’s only opportunity to speak. Advisors will not engage in other presentation of arguments or evidence, including opening statements, closing arguments, or direct examinations.
    15. If a Party does not have an advisor at the live hearing, the institution will provide without fee or charge to that Party an advisor. The institution will choose the advisor.
    16.  (” This section intentionally left blank”).
    17. For good cause shown, a decision-maker may permit the participation of witnesses who were not identified by the Party to the investigator, or the inclusion of evidence not provided by the Party to the investigator.
    18. The institution will create an audio or audiovisual recording, or transcript, of a live hearing and make it available to the Parties for inspection and review.
    19. The decision-maker may dismiss the Formal Complaint or any allegations therein, if at any time during the hearing a Complainant notifies the Title IX Coordinator in writing that the Complainant would like to withdraw a Formal Complaint or any allegations therein, the Respondent is no longer enrolled or employed by the institution, or specific circumstances prevent the institution from gathering evidence sufficient to reach a Determination as to the Formal Complaint or allegations therein.
    20. If the decision maker dismisses the Formal Complaint during the grievance process, the decision-maker will promptly notify the Title IX Coordinator, who will promptly send written notice of the dismissal and reasons therefor simultaneously to the Parties.
15. Written Determination
    1. Within fifteen (15) business days of the hearing, the decision-maker will issue a written Determination whether Respondent engaged in Sexual Misconduct, based on a preponderance of the evidence standard, which will be provided to the Parties simultaneously.
    2. The Determination becomes final either on the date that the institution provides the Parties with a written result of an appeal, or if an appeal is available but not filed, the day after the deadline to appeal.
    3. The Determination will include:
       1. Identification of the allegations potentially constituting Sexual Misconduct, as well as identification of any additional allegations that are being resolved but which do not constitute Sexual Misconduct;
       2. A description of the procedural steps taken between receipt of the Formal Complaint and the Determination, including all notifications to the Parties, interviews with Parties and witnesses, site visits, methods used to gather other evidence, and any hearings held;
       3. Findings of fact supporting the Determination;
       4. Conclusions regarding the application of this policy, as well as any other relevant policy, guidelines, or code, to the facts;
       5. A statement of, and rationale for, the result as to each allegation before the decision-maker, including a Determination regarding responsibility;
       6. Any disciplinary action that the decision-maker imposes on the Respondent, including referral to another process;
       7. Any remedies that the institution will provide designed to restore or preserve equal access to the Complainant; and
       8. The permissible bases and procedures, including timelines, for appeals by the Parties.
16. Remedies and Disciplinary Action Following Determinations of Violations
    1. The institution will provide remedies where a Determination of responsibility for Sexual Misconduct has been made. The institution will follow this policy before the imposition of any disciplinary sanctions for Sexual Misconduct that are not supportive/interim measures.
    2. Remedies will be designed to restore or preserve equal access to education programs and activities and will include discipline under the applicable policies and procedures. Remedies may include verbal warnings, written warnings, final written warnings, suspension, termination of employment (including of tenured faculty), non-renewal of appointment, or dismissal from the institution. 
    3. Remedies should also consider improvements to the campus-wide environment. It is the intent of TBR that institutions consider the impact of an incident of Sexual Misconduct on the campus as a whole or specific groups or areas of campus. For example, specific training may be needed for a student group.
    4. The Title IX Coordinator is responsible for ensuring effective implementation of the remedies.
17. Appeals/Post-Determination Procedures
    1. Parties are permitted to appeal to the institution’s President (or other person appointed by the Title IX Coordinator) from a Determination regarding responsibility (or no responsibility) and from a dismissal of a Formal Complaint or of any allegations in a Formal Complaint on the basis of:
       1. procedural irregularity that affected the outcome of the matter;
       2. new evidence that was not reasonably available at the time the Determination or dismissal was made, but only if that new evidence could affect the outcome of the matter;
       3. The Title IX Coordinator, investigator(s), or decision-maker(s) had a conflict of interest or bias for or against Complainants or Respondents generally or the individual Complainant or Respondent that affected the outcome.
    2. A Party wishing to appeal a Determination regarding responsibility or the dismissal of a Formal Complaint or any allegations therein must file a written appeal with the Title IX Coordinator within seven (7) business days of the date of the Determination or the dismissal. The written appeal must identify the reasons for the appeal.
    3. As to all appeals, the Title IX Coordinator will:
       1. Notify the other Party in writing when an appeal is filed;
       2. Implement appeal procedures equally for both Parties;
       3. Ensure that the decision-maker(s) for the appeal is not the same person as the investigator, the decision-maker, or Title IX Coordinator;
       4. Provide each Party five (5) business days to provide a written statement in support of, or challenging, the Determination.
    4. The decider of the appeal will issue a written decision describing the result of the appeal and the rationale for the result, and will provide the written decision simultaneously to the Parties.

V. Victim Services

1. TBR intends for each institution to provide resources and assistance to victims of Sexual Misconduct.
   1. Institutions Without On-Campus Services
      1. For institutions without medical, counseling, or law enforcement services on their campuses, these institutions should partner with local community organizations that may be able to provide these services for victims of Sexual Misconduct.
      2. Any such partnership shall be clearly communicated to students, faculty, and staff.
      3. Any victim presenting to an institution without on-campus resources shall be informed about the agreement and encouraged to seek services from the partnering community organizations.
   2. Victim Services 
      1. It is very important for the Complainant to seek medical attention immediately so that the Complainant can be screened for sexually transmitted diseases/pregnancy/drugs that may have been used to incapacitate, obtain emergency contraception, and receive treatment for any injuries. Valuable physical evidence can be obtained from the Complainant and the Complainant’s clothing. Even those who are unsure whether to make a police report or take action may wish to have a forensic examination, which will facilitate the identification and preservation of physical evidence;
      2. To help preserve evidence in the event of a sexual assault, it is important for the Complainant not to change clothes or bedding and not take a shower, douche, use the toilet, brush their teeth, or clean up until police have had a chance to gather evidence. However, if a Complainant has already changed clothes or cleaned up/showered, evidence may still be collected. The Complainant should leave any clothes or bedding unfolded and undisturbed, if possible. If clothing or bedding must be moved, items should be kept separate to prevent transfer of body fluids or other trace evidence. Parties should not delete or destroy any text messages, social media, emails, voicemails, written notes, or any other documents that may be relevant.

Resources for Victims of Sexual Misconduct

The resources listed below are not exhaustive or limited to victims who wish to make an official report or participate in an institutional hearing, police investigation or criminal prosecution.  However, in cases where a victim wishes to maintain complete confidentiality, the victim should review carefully the section above related to the limits on the College’s ability to maintain confidentiality.

1. On Campus Resources

   Office	Location	Telephone
   Vice President for Student Services	R. Jack Fishman Library, LIB-301	423-585-2680
   Director, Counseling and Testing Center	Student Services Building - Room U144	423-585-6806
   Campus Police	Claiborne	423-851-4778
   Campus Police	Greeneville	423-798-7961
   Campus Police	Morristown	423-585-6752
   Campus Police	Sevierville	865-774-5813
   Counseling Center	Student Services Building - Room U139	423-585-6801
   Title IX Coordinator	Jack E. Campbell College Center - Room 109B	423-585-6845

    

2. Local Area Resources

Claiborne/Tazewell

Greeneville

Morristown

Sevierville

3. On-line Resources:

http://tncoalition.org/ - State Coalition Against Rape

http://tncoalition.org/ - State Coalition Against Domestic Violence

http://www.thehotline.org/ - Website for LGBTQ survivors of sexual or domestic violence and minority women survivors of sexual or domestic violence

http://www.pandys.org/malesurvivors.html -Website for male survivors

http://www.rainn.org  – Rape, Abuse and Incest National Network

http://www.ovw.usdoj.gov/sexassault.html  - Department of Justice

http://www2.ed.gov/about/offices/list/ocr/index.html Department of Education, Office of Civil Rights

Education, Training, and Awareness

1. Walters State regularly offers educational programming and training to students, faculty, and staff that are intended to end Sexual Misconduct.
2. TBR institutions are encouraged to provide user friendly materials to explain the policy and how victims can get help, and provide those materials online and through other strategies appropriate for the campus. Institutional education related to Sexual Misconduct should be provided to incoming students. Institutions should promote awareness of rape, acquaintance rape, domestic violence, dating violence, sexual assault, and stalking. Education should also include information on how to prevent sexual assault, such as information on bystander intervention, as well as how to recognize abusive behavior and avoid potential abusive relationships. Students shall be trained on the procedures for filing a report, as well as procedures for institutional disciplinary action in cases of alleged sexual violence. Institutional education will also inform students of the sanctions and protective measures that the institution may impose once a report of sexual violence has been made.
3. Institutions shall establish procedures for regularly reviewing, evaluating, and updating the policy. Institutional training may provide training to all employees likely to witness or receive reports of sexual harassment, including faculty, school law enforcement, school administrators, school counselors, athletic coaches, and health personnel. Training should ensure that employees with the authority to address sexual harassment know how to appropriately respond to reports of sexual harassment, that employees know whether they are obligated to report sexual harassment the Title IX Coordinator or other designated official, and that all employees understand how to respond to reports of sexual harassment. Training should also ensure that professional counselors, pastoral counselors, and non-professional counselors or advocates also understand the extent to which they may keep a report confidential.
4. Title IX Coordinators, investigators, decision-makers, institution-provided advisors, any person designated to facilitate an informal resolution process, and any person designated to resolve an appeal will receive training on the definition of Sexual Misconduct, the scope of TBR and institutional education programs and activities, how to conduct an investigation and grievance process, including hearings, appeals, and informal resolution processes, as applicable, and how to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest, and bias. Such individuals will receive training on issues of relevance related to creating and/or reviewing an investigative report that fairly summarizes relevant evidence. Training will not rely on sex stereotypes and will promote impartial investigations and adjudications of Formal Complaints.
5. Institutions will notify applicants for admission and employment, students and employees, that it does not discriminate on the basis of sex in its education programs and activities and will provide the name, title, office address, electronic mail address, and telephone number of the Title IX Coordinator in that notification.

VII. Effective Date

1. This policy is effective August 16, 2021 at community colleges and August 26, 2021 at TCATs.
2. If any provision of the Title IX regulations on which this policy is based is enjoined or held invalid as it applies to the TBR institution or the Title IX regulations’ application to any person, act, or practice is enjoined or held invalid as it applies to the TBR institution, the remainder of this policy or the application of its provisions to any person, act, or practice shall not be affected thereby.
3. For conduct that occurs across multiple versions of this policy, complaints of Sexual Misconduct will be addressed utilizing the procedures outlined in the version of this policy in effect as of the date of the Notice of Allegations. The “Definitions” and “Clarifications” sections of the policy in effect as of the date of the alleged incident will be used.  Complaints and reports of conduct spanning more than one version of the policy will be addressed using the “Definitions” and “Clarifications” sections in the version of the policy in effect at the time of the most recent alleged incident.

VIII. Clarifications

1. Consent
   1. Consent means an active agreement to participate in sexual activity. An active agreement is words and/or conduct that communicate a person’s willingness to participate. The following individuals cannot give valid Consent:
      1. A person who is Incapacitated, if either the person claiming to have obtained Consent knows that the other person is Incapacitated or a reasonable person would know that the other person is Incapacitated;
      2. A person who is Forced; or
      3. A person who is under the age of eighteen (18), unless the person giving Consent is at least the age of thirteen (13) and the other person is less than four (4) years older than the person giving Consent.
   2. During a sexual encounter, each person has responsibility for obtaining Consent from the other person. During an investigation, the institution has the burden of obtaining evidence whether Sexual Misconduct occurred without Consent. During any hearing, the institution has the burden of proving that Sexual Misconduct occurred without Consent. (In other words, it is not a Respondent’s burden to prove Consent during an investigation or hearing). Whether a person has communicated Consent generally is evaluated from the perspective of what a reasonable person who perceived the individual’s words and/or nonverbal conduct would have understood; however, in the context of a relationship that has involved sexual activity and a pattern of communicating Consent, whether Consent has been communicated may be evaluated based on a subjective standard (i.e., what did the specific person who initiated the sexual activity conclude based on the pattern of communication?).
   3. A verbal “no” (or words equivalent to “no”) or the nonverbal communication of “no,’ even if it sounds or appears insincere or indecisive, means that Consent has not been communicated, or if previously communicated, has been withdrawn. The absence of a verbal “no” or the absence of a nonverbal communication of “no” does not necessarily mean that Consent has been communicated.
   4. Consent must exist from the beginning to the end of each sexual encounter and for each sexual act that occurs during a sexual encounter. A person has a right to change their mind; thus, Consent may be withdrawn at any time. A withdrawal of Consent is communicated through clear words and/or conduct that indicate that a person no longer agrees to participate in sexual activity. Once a person’s withdrawal of Consent has been communicated, the other person must cease the sexual act for which Consent was withdrawn and must obtain Consent before reinitiating that sexual act. Consent is automatically withdrawn when a person becomes incapacitated or is forced to participate in sexual activity.
   5. Consent to one type of sexual activity (e.g., oral sex) does not constitute or imply Consent for another type of sexual activity (e.g., vaginal intercourse), whether during a sexual encounter or based on a previous sexual encounter.
   6. The following do not communicate a person’s willingness to participate in sexual activity:
      1. Silence, unless accompanied by non-verbal conduct conveying a willingness to participate in sexual activity;
      2. Consent communicated by the person on a previous occasion;
      3. Consent communicated to a third person;
      4. The person’s failure to resist physical force (however, for purposes of the Policy, the person’s resistance to physical force will be viewed as a clear demonstration that the person has not communicated Consent);
      5. A current or previous dating, romantic, intimate, or sexual relationship with the other person;
      6. Currently or previously cohabitating with the other person;
      7. The person’s attire, reputation, giving or acceptance of gifts, sexual arousal, or extension or acceptance of an invitation to go to a private residence, room, or other location.
      8. One’s own use of alcohol, drugs, or other substances does not diminish one’s responsibility to obtain Consent from the other person. Another person’s use of alcohol, drugs, or other substances does not diminish one’s responsibility to obtain Consent from that person.
2. Force
   1. Force includes physical force (such as pushing, hitting, pinning down), threats (direct or indirect expressions of intent to inflict harm to self or others), intimidation (implied or indirect threats), and/or other forms of coercion. To coerce is to attempt to cause another person to act or think in a certain way by use of force, pressure, threats, or intimidation; to compel is to coerce.
3. Incapacitation
   1. A person violates this policy when they engage in sexual activity with another person who is incapacitated under circumstances in which a reasonable person would have known the other person to be Incapacitated. For evaluating Incapacitation, a “reasonable person” means a sober, objectively reasonable person in the same situation, with ordinary sensitivities, and with similar identities as the Respondent.
   2. Incapacitation can be voluntary or involuntary. Signs of Incapacitation may include, without limitation: sleep; total or intermittent unconsciousness; lack of control over physical movements (e.g., inability to dress/undress without assistance; inability to walk without assistance); lack of awareness of circumstances or surroundings; emotional volatility; combativeness; vomiting; incontinence; unresponsiveness; and inability to communicate coherently. Incapacitation is an individualized determination based on the totality of the circumstances.
   3. Blacking out is an amnesia-like state that may be brought on by drugs, heavy drinking, or intoxication; blacking out is not necessarily incompatible with the ability to engage in simple or even complex behavior. After blacking out, a person has no recollection of all or part of the events that occurred during the blackout. There is a distinction between passing out (falling asleep or becoming unconscious) due to drug or alcohol use and blacking out in that a person in a blackout remains conscious and operative.
   4. Incapacitation or Incapacitated means a person’s inability, temporarily or permanently, to communicate a willingness to participate in an activity (e.g., sexual activity) because of mental or physical helplessness, sleep, unconsciousness, or other lack of awareness that the activity is taking place. Incapacitation can be voluntary or involuntary. Signs of Incapacitation may include, without limitation: sleep; total or intermittent unconsciousness; lack of control over physical movements (e.g., inability to dress/undress without assistance; inability to walk without assistance); lack of awareness of circumstances or surroundings; emotional volatility; combativeness; vomiting; incontinence; unresponsiveness; and inability to communicate coherently. Incapacitation is an individualized determination based on the totality of the circumstances. Alcohol and drugs (including “date rape” drugs) are common causes of Incapacitation. When alcohol or drugs are involved, Incapacitation is a state beyond mere drunkenness or intoxication.
4. Severe and Pervasive
   1. Severe and Pervasive. Severe means behavior that is more than antagonistic, non-consensual, and crass, even where the behavior is based on differences in sex or gender. Pervasive means systemic or widespread, and it necessarily involves more than one incident of sexual harassment. Sources: Kollaritsch v. Michigan State Board of Trustees, 944 F.3d 613, 620-21 (6th Cir. 2019) (citing Davis v. Monroe County Board of Educ., 526 U.S. 629, 651-53 (1999)); Doe v. Univ. of Kentucky, 959 F.3d 246, 250 (6th Cir. 2020).

Part 5 - Traffic and Parking Information for Students and Employees 05:12:00

Traffic and parking information and regulations are universal to all campus locations. Students should refer to the college catalog and/or student handbook, the Campus Safety web page, and the parking pamphlets distributed by Campus Police for full traffic and parking information. Employees should refer to campus policy and procedure 05:12:00.

The purpose of these regulations shall be to facilitate the orderly and efficient flow of traffic on WSCC campuses, to provide a safe atmosphere for both pedestrians and motor vehicle operators, and to provide order with regard to parking within limited space. Institutional policies enacted in compliance with this rule shall be subject to prior review and approval of the TBR. Policies will be published annually, traffic/parking pamphlets, student/employee handbooks, on the institutional web site and in the campus policy and procedures manual.

All Campus Locations

1. Responsibility for Vehicles
   1. The college shall have no responsibility for loss or damage to any vehicle or its contents operated or parked on the college campuses. All individuals parking vehicles on college campuses are reminded that they should properly secure their vehicles and minimize the exposure of valuables left unattended inside vehicles. The owner/operator is solely responsible for any vehicle left on campus overnight.
   2. Abandoned vehicles, per T.C.A. Section 55-16-101, et. Seq., Unclaimed or Abandoned Vehicles, will be removed from campus after 30 days of abandonment.
   3. Use of skateboards, motorized skateboards, roller/in-line skates, and go-carts or other motorized recreational vehicles are prohibited on all Walters State properties.
2. Enforcement
   1. The campus police department is authorized to enforce state law and campus regulations on all Walters State property
   2. All state of Tennessee Motor Vehicle Laws and college rules and regulations are applicable on all campuses 24 hours a day, and apply to all WSCC students, employees, dual enrollment students, co-hort students and employees, and visitors
   3. Violation of traffic and parking regulations may result in a citation being issued. A single citation may include multiple violations.
   4. Students conducting business or attending class on the Morristown campus must display a valid parking permit and park in appropriate designated student parking. Any individual in current student status, regardless of the primary campus attending, is considered a student when visiting the Morristown campus and should park in designated student parking. No permit is required for these areas.
   5. Pedestrian traffic has the right-of-way on campuses.
   6. Pedestrians should use crosswalks and sidewalks and observe traffic signs.
   7. Students and staff must not endanger their safety or constitute an unreasonable impediment to lawful vehicle traffic by crossing streets at other than authorized lanes (e.g., crosswalks, etc.) or by willfully walking or congregating in the streets.
3. Speed Limits
   1. Speed limits are posted on all campus locations.
   2. Speed limits on all campuses are radar enforced.
   3. Speed limits on all campus streets are 20 mph unless otherwise posted.
   4. Speed limits in all campus parking lots are 10 mph unless otherwise posted.
4. Citations
   1. Citations are issued for traffic and parking violations.
   2. Violations include but are not limited to:
      1. Not displaying the appropriate parking permit
      2. Expired parking permit
      3. Parking in restricted areas:
         1. Faculty/staff parking areas (unless employed)
         2. No parking zones to include on yellow curbs
         3. Fire lane
         4. On walkway
         5. On grass
         6. 24-hour reserved spaces
         7. Loading and unloading zones
         8. Parking in faculty/staff lot designated as student parking prior to 5:30 p.m.
   3. Disability parking violations:
      1. Parking in disability parking without state and WSCC permits visible or a state disabled license plate.
      2. Invalid/expired disabled permit
      3. Illegal use of a disabled permit
   4. Moving vehicle violations:
      1. Speeding
      2. Driving through a stop sign or other traffic control
      3. Unsafe operation of vehicle
   5. Other violations:
      1. Parking in an area not designated for vehicles with trailers or other attachments
      2. Illegal use of WSCC parking permit
   6. A single citation may reflect multiple parking and traffic violations and fines
   7. Any vehicle with two violations for not having a campus hang tag may, upon further violation, be removed from campus at the owner’s expense.
   8. Excessive violations may result in vehicle being towed at the owner’s expense, suspension of driving privileges and/or other disciplinary action as imposed by the vice president for Student Affairs.
5. Fines
   1. The fine for parking and registration violations is $15.
   2. The fine for a moving vehicle violation is $15.
   3. The fine for parking in areas designated as “disabled” is $200.
   4. Unpaid citations result in a hold being placed on the student’s account.
   5. Student and employee fines may be paid in the Student Services Building Cashier’s office on the Morristown campus or the administrative office of the Claiborne, Greeneville, and Sevierville campuses between 8:00 a.m. and 4:00 p.m., Monday - Friday. Fines should be paid promptly during the current semester to avoid penalties.
6. Appeals
   1. The campus police department IS NOT RESPONSIBLE for the appeals process and is not authorized to void student or employee citations.
   2. If a student wishes to protest a citation, the protest MUST be made within 10 days, excluding holidays and weekends, from the date of the citation.
   3. Student appeals may be made in the administrative office of the Claiborne, Greeneville, and Sevierville campuses between the hours of 8:00 a.m. and 4:00 p.m., Monday - Friday.
   4. Students appealing citations at the Claiborne, Greeneville, and Sevierville campuses will not be required to travel to the Morristown campus. Traffic court will be held at these campus sites via remote broadcast.
   5. If an employee wishes to protest a citation a written request for appeal must be forwarded to the campus police office along with a copy of the citation received. The records officer will forward the citation to the appropriate administrative staff for appeal.
7. Visitors and Guests
   1. It is the responsibility of each student to advise any visitors they may have on campus of the parking rules and regulations.
   2. It is the responsibility of each individual visiting the campus to abide by campus rules and regulations.
   3. Visitors to our campuses should obtain a parking permit from Campus Police of the appropriate administrative office to avoid receiving a citation.
   4. Visitors receiving a citation may return the citation to Campus Police the day it is received and before leaving campus. The individual returning the citation will be asked to provide information so that visitor status may be verified. If verified to be a non-student visitor no fine will be assessed.
   5. Visitor citations will not be accepted from students. NO EXCEPTIONS.
   6. Student/Non-student status will be verified.
8. Vehicle Accidents
   1. All automobile accidents occurring on Walters State property must be reported to Campus Police.
   2. A campus police officer, upon being notified, of an accident will respond and complete a State of Tennessee Crash on Private Property accident report. If a campus police officer is not available, contact the local police department.
   3. Copies of the accident report may be obtained, at no charge, within 3-5 business days of the accident unless otherwise indicated by the reporting officer.
9. Motor Vehicle Assistance
   1. Left your lights on and need a boost? Booster pacs are available for loan in the campus police office upon presentation of a valid driver’s license. Driver’s license will be held by campus police until the booster pac is returned.
   2. Locked your keys in your car or truck? Tennessee state law provides that state agencies are prohibited from offering locksmith services. Please ensure that you carry a spare key, or have one that you can retrieve from this purpose. WSCC police and safety officers are not licensed locksmiths and cannot perform this service. A local locksmith may be contacted at your own expense for this service.
   3. Have a flat tire? Due to liability reasons from injury or vehicle damage campus police and safety officers do not change flat tires. You may contact a local garage or towing company at your expense for this service.
   4. Ran out of gas? Due to liability reasons and possibility of traffic accidents campus police and safety officers may not transport individuals to get gas even if a gas can is available and a station is nearby. Please ensure that your vehicle is sufficiently fueled prior to arriving to campus. Again a local wrecker service may be able to assist you.
10. Parking

Parking for disabled, student, employee, visitor parking, and 24-hour reserved for administrative staff is designated and indicated by appropriate signage at all campus locations. Please refer to specific campus location below and the appropriate campus map for more detailed parking area location information.

Students should not park in areas designed for faculty/staff, visitors, disabled, no parking, or 24-hour reserved spaces or other areas reserved or posted as not parking. Passenger vehicles may not occupy designated motorcycle parking spaces.

Disability Parking

• All disabled spaces on all campuses are open to all students and employees with disabilities regardless of location in a student or faculty/visitor lot. Should all disability parking in a parking area be filled, students or employees may utilize a regular space in that lot or advance to another lot with available disability parking.
• Any vehicle parked in areas designated for individuals with disabilities must display a valid state disability parking permit along with a WSCC disability hang tag if the operator is a student or employee at any campus location.
• It is a violation of T.C.A. 55-21-108 for any individual to utilize a state issued disabled tag whether permanent or temporary that is not registered to them.

Parking Area by Campus Location

Claiborne County Campus

• Students should not park in areas designated for staff, faculty, visitors, disabled, no parking zones, or 24 hour reserved spaces.
• Any vehicle parked in areas designated for individuals with disabilities must display a valid disability parking permit and WSCC disabled hang tag if a student or employee.
• State issued disability permits must be registered to the driver of the vehicle. Disability permits registered to a disabled family member may not be used for disability parking unless that family member is occupying the vehicle when parked.
• Faculty/staff/visitor parking is located in lots: A, B, C, and D.
• Student parking is located in Lots B and D.
• Parking area for student pick up is in lot A and B.

Niswonger Campus

• Students should not park in areas designated for staff, faculty, visitors, disabled, no parking zones, or 24 hour reserved spaces.
• Any vehicle parked in areas designated for individuals with disabilities must display a valid disability parking permit and WSCC disabled hang tag if a student or employee.
• State issued disability permits must be registered to the driver of the vehicle. Disability permits registered to a disabled family member may not be used for disability parking unless that family member is occupying the vehicle when parked.
• Student parking is available in the following lots: College Street Parking Lot, Tusculum Blvd. Parking Lot.

Morristown Campus

• The institution shall have no responsibility for theft or damage to any motor vehicle or its contents operated or parked on institutional property.
• The absence of “no parking” signs or painted curbs/lines does not imply that parking is allowed. Parking in designated lots is restricted to marked spaces only. Motor vehicles parked outside of marked parking spaces are subject to citation and towing, and the owner/operator may be subject to disciplinary or administrative action.
• Students should not park in areas designated for staff, faculty, disabled (without appropriate WSCC permit or state disabled placard/plate), no parking zones and/or yellow curbs, or 24-hour reserved spaces or permit required areas.
• Parking spaces labeled 24-hour reserved are reserved for administrative staff.
• Faculty/staff/visitor or permit required parking is indicated by appropriate signage and includes lots B2, B3, B4, D, F1, F2, F3, F4 and G1 on the Morristown campus.
• Student/open parking is indicated by appropriate signage and includes lots A1, A2, A3, A4, C1, C2, C3, K1, K2, K3, K4, K5, K6, J1, J2, J3, and J4.
• Students may use faculty/staff/permit required parking lots after 5 p.m. except for lot B4.
• Any vehicle parked in areas designated for individuals with disabilities must display a valid state disability placard/plate and/or a WSCC disabled hang tag unless the WSCC permit is a temporary issue not exceeding three weeks.
• Students and employees of sister or cohort institutions and dual enrollment students must follow all campus traffic and parking rules and regulations as well as state laws.
• Campus police reserves the right to reserve parking areas as necessary for campus or other related events.

Sevier County Campus

• Students should not park in areas designated for staff, faculty, disabled (without appropriate WSCC or state disabled permit), no parking zones and/or yellow curbs, or permit required areas.
• Any vehicle parked in areas designated for individuals with disabilities must display a valid state disability parking permit and/or a WSCC disabled hang tag unless the WSCC permit is a temporary issue not exceeding three weeks.
• Faculty/staff/visitor or permit required parking is indicated by appropriate signage and/or blue curb and is located in lots E, and H.
• Student parking on the Sevierville campus is indicated by appropriate signage and is located in lots A, B, C, D, F, G and I.
• Parking lot E is no longer considered open parking.
• Faculty/staff/visitor or permit required parking is located in lots B and C near the grass at the double drive in front of Maples- Marshall Hall and lot H in front of Cates-Cutshaw Hall.
• All large vehicles requiring multiple parking spaces and/or vehicles with attached trailers or other extensions must park at the very back of student lot D at all times.
• Students and employees of sister or cohort institutions and dual enrollment students must follow all campus traffic and parking rules and regulations as well as State laws.
• Campus Police reserves the right to reserve parking areas as necessary for campus or other related events.

Parking Permits

Disability Permits

• A WSCC disability permit is issued for temporary and/or permanent disabilities. To obtain a WSCC disability permit contact the office of Disability Services located in the Student Services Building on the Morristown Campus, Room U130, telephone 423-585-6893. This office will assist in the issue of the WSCC disability permit and with any special accommodations that may be needed.
• If the WSCC disability permit is a temporary issue (3 weeks or less) it must be displayed with the current student/employee permit also visible.
• If an employee or student has a state issued temporary or permanent state disabled placard, the WSCC disability permit must also be displayed with the placard.
• Employees who have a permanent state issued disability placard may only obtain and display a WSCC disabled permit. It is not necessary to obtain and display the regular employee permit.

Employee Parking Permits

• Full and regular part-time employee permits are permanent issue and expire upon termination of employment. Employees are issued one permit that may be used on any vehicle driven. Permits are non-transferable and may only be utilized by the individual the permit is registered to.
• Adjunct faculty, and/or temporary part-time permits are valid from August 15 of the current year to August 15 of the following year. Adjunct faculty and/or temporary part-time permits are issued at the beginning of fall semester and may be obtained in the campus police office.
• All passenger vehicles parked on any Walters State campus must properly display a valid WSCC hang tag/parking permit.
• Permits are not issued for motorcycle parking, however; motorcycle riders must register their vehicle tag number with the campus police office to be permitted to drive and park a bike on campus.
• Current academic term parking permits for students and staff from a sister or co-hort institution will be honored on all campuses.
• Individuals with sister or co-hort institutions that do not have a permit from their primary institution may obtain a WSCC permit in the campus police office.
• If you drive a different vehicle, or otherwise do not have your issued student or employee permit on the vehicle you are driving, temporary permits are available in the Campus Police office at each campus location.
• Extended temporary permits are available in campus police for vendors, contractors, internships or others who may have need for campus access for six months or longer.

This policy is promulgated pursuant to, and in compliance with, TBR Rule 0240-02-03-.05 Traffic and Parking.  To the extent that a conflict exists between this policy and TBR rule, policy and/or applicable law(s), the TBR rule, policy and/or law will control. History – Adopted by TBR: 12/8/11.  Effective: 1/29/12.

WSCC Police

The WSCC Police Department, located in the Information Center, is operated for the safety and benefit of the students attending WSCC. Walters State Police Officers are fully certified police officers under the Peace Officer’s Standards and Training Commission of Tennessee. Officers have full investigative and arrest powers on all WSCC properties. Uniformed officers are on duty 24 hours a day, seven days a week for your protection. You should not hesitate to contact them in regard to special needs.

Pursuant to the provisions of the “College and University Security Information Act”, Public Chapter No. 317, enacted by the 1989 General Assembly, WSCC makes available crime rates and statistics as well as security policies and procedures to interested parties. If you wish to review or receive a copy of this information, please contact:

WSCC Police Department
Walters State Community College
500 South Davy Crockett Parkway
Morristown, Tennessee 37813-6899
telephone: 423-585-6752

The Annual Security Report may also be accessed at:www.ws.edu/student-services/campus-safety/crime-reports/ .

Americans With Disabilities Act Grievance Procedure

Purpose

The purpose of this procedure is to provide a clear, orderly and expedient method through which all persons may process bona fide complaints related to Title II of the Americans with Disabilities Act (ADA), which states, in part, that “no otherwise qualified disabled individual shall, solely by reason of such disability, be excluded from the participation in, be denied the benefits of, or be subject to discrimination” in programs or activities sponsored by a public entity such as the institution.

Scope

This procedure is available to all persons.

Steps for Filing a Complaint

A complaint should be addressed to the institutional ADA Coordinator. The assistant vice president for Student Services has been designated by the president to coordinate ADA compliance efforts.

A complaint may be made verbally or in writing, preferably in writing, and must provide the name and address of the person making it and a brief description of the alleged violation of ADA regulations.

A complaint must be filed within 10 working days after the complainant becomes aware of the alleged violation.

Investigation

The ADA Coordinator will investigate the complaint. The investigation will include, but not necessarily be limited to, interviews with the complainant and with college personnel in charge of the area in which the alleged violation occurred. All interested parties will be provided an opportunity to submit evidence relevant to the complaint, and the investigation will be conducted in a manner which protects any due process rights of parties concerned and also insures that the institution complies with the ADA and its implementing regulations.

When the investigation is complete, the ADA Coordinator will issue a written determination concerning the validity of the complaint and a description of the resolution, if any. This statement will be provided to the complainant no later than 20 working days following receipt of the complaint.

Steps for Filing an Appeal

The complainant may request a reconsideration of the case in instances where the complainant is dissatisfied with the resolution. Request for reconsideration should be made in writing to the President within 10 working days from receipt of the determination.

Maintenance of Records

The ADA Coordinator will maintain files and records of the institution relating to the complaint.

Cancellation of Classes Due To Weather or Road Conditions

For information related to the cancellation of classes due to inclement weather, please check the college’s Web site at www.ws.edu, the college’s Facebook and Twitter pages, the Senators Emergency Text system, or call the college’s student information line, 1-800-225-4770, option 1; the Sevier County Campus, 865-774-5800, option 7; the Niswonger Campus, 423-798-7940, option 7; or the Claiborne County Campus, 423-626-6200, option 7. Also, please monitor local TV and radio stations for weather-related announcements. Students should check eLearn, as classes may be held virtually, or assignments given.

Students and employees are requested to check for updated messages once a decision has been made because on occasion, due to an unexpected and sudden change in the weather and road conditions, a decision is modified. In all instances decisions are made with the safety of students and employees foremost in consideration but with an attempt to have classes if possible. However, on a day or evening when classes are being conducted and weather conditions are questionable, students are advised to use individual judgment on whether or not to attend classes. Students will be provided an opportunity to make up work missed for absences incurred for days when conditions are questionable but classes are meeting.

Changes in or cancellation of classes will be announced on the following stations:

Snow and Ice Clearance Schedule

In order to facilitate safe vehicular and pedestrian movement on college property during periods of inclement weather, Walters State maintains a systematic schedule for clearing snow and/or ice and salting, if necessary, campus walkways, parking lots, and roadways. The priority of work for the various areas of college property is as follows: (1) primary walkways, (2) roadways, (3) parking lots, and (4) secondary walkways.

As a safety precaution, students, faculty, and staff should use the primary walkways to access college facilities. The primary walkways are shown in the map .

Normally, the primary walkways will be cleared and, if necessary, salted prior to the start of the day’s classes. In addition, continuous related maintenance efforts will be provided throughout the day for as long as conditions remain such that re-icing could occur.