Section 0240-09-01-.01 - SCOPE(1) This rule and related policies apply both to Student or Registered Student Organization prohibited conduct on and off Tennessee Tech Property. In the case of prohibited conduct that occurs off Tennessee Tech Property, Tennessee Tech will take into account whether the prohibited conduct adversely affects the interests of Tennessee Tech, including, but not limited to, prohibited conduct that: (a) Occurs in connection with a Tennessee Tech Activity, including, but not limited to, a study abroad program, clinical, internship, service learning placement, or similar program; or(b) Involves another member of the Tennessee Tech community; or(c) Poses a credible, serious threat to the health and safety of the Tennessee Tech community or Tennessee Tech Property.(2) Tennessee Tech will take into consideration the following standards when deciding whether misconduct is associated with a Registered Student Organization: (a) The prohibited conduct is endorsed by the organization or any of its officers. "Endorsed by" includes, but is not limited to, the following: 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;(b) The prohibited conduct took place during the course of an activity paid for by the organization or paid by members of the organization to support the activity or conduct in question;(c) The prohibited conduct occurred on property owned, controlled, rented, leased, or used by the organization or any of its members for an organizational event;(d) The prohibited conduct was related to initiation, admission into, affiliation with, or as a condition for continued membership in the organization;(e) One (1) or more officers of the organization had prior knowledge or reasonably should have known the prohibited conduct would likely take place.(3) This rule does not apply to academic misconduct.(4) This rule does not apply to matters that fall within the scope of Title IX of the Education Amendments of 1972.Tenn. Comp. R. & Regs. 0240-09-01-.01
Original rules filed September 1, 2017; effective November 30, 2017. Emergency rules filed August 14, 2020; effective through February 10, 2021. Emergency rules expired effective February 11, 2021, and the rules reverted to their previous statuses. Amendments filed November 13, 2020; to have become effective February 11, 2021. However, a 75-day stay of the effective date of the rules was filed January 15, 2021; new effective date to have been April 27, 2021. Withdrawal of the stay filed March 4, 2021; new effective date 3/31/2021.Authority: T.C.A. §§ 49-8-101(a)(2)(A) and 49-8-203(a)(1)(D).