Student Due Process

Chattanooga State guarantees the following rights to all students accused of misconduct that is subject to disciplinary sanctions.

Accused students who are called to a preliminary meeting to discuss misconduct charges have the right to:

  • Written notice of the charges against them with sufficient specificity so that the student understands the incident(s) or which the charge(s) is based.
  • The assistance of an advisor who may accompany the student during meetings or hearings with respect to charges of misconduct.
  • Reasonable time to prepare for a misconduct meeting or hearing. However, resolutions will not be unduly delayed.
  • Challenge the participation of the disciplinary arbiter, or a mediator for bias or other cause.
  • Present information on their own behalf including oral and written information and information from witnesses.
  • Confidentiality as provided by the Federal Family Education Rights to Privacy Act and the College's Student Rights and Student Records Policy.

Accused students who appear at a disciplinary hearing for possible sanctioning have the right to:

  • The names of witnesses providing information.
  • Advance access to the information that will be considered. However, this information may be edited to protect the privacy of individuals not directly involved in the hearing.
  • Decline to attend. However, the hearing will proceed and the student will be bound by any determinations made.
  • Hear/read all information presented and to pose questions to the hearing board, complainant and other witnesses.
  • Decline to answer questions. Silence will not be used as evidence of responsibility for a charge.
  • Have the burden of proof rest on the College
  • File an appeal of the original outcome.

Questions or Concerns?
Please refer to Tennessee Board of Regents Policy 3:02:01:00 or contact the Judicial Officer (423-697-3276) or the Student Government Association (423-697-2618).


POLICY 3:02:01:00
SUBJECT:
Policy Insuring Student Due Process Procedure

Institutions and area vocational-technical schools governed by the State Board of Regents, in the implementation of Board approved policies and regulations pertaining to discipline and conduct of students, shall insure the constitutional rights of students by affording a system of constitutionally and legally sound procedures which provide the protection of due process of law.

If, in accordance with the institution or school regulations governing discipline in cases of student social misconduct, a hearing is requested, the following minimal procedures will be observed:

  • The student shall be advised of the time and place of the hearing.
  • The student shall be advised of the breach of regulations of which or she /he is charged.
  • The student shall be advised of the following rights:
    • The right to present his or her case.
    • The right to be accompanied by an advisor.
    • The right to call witnesses in his or her behalf.
    • The right to confront witnesses against him or her.
    • The student shall be advised of the method of appeal.

Source: TBR Meetings, August 17, 1973; September 30, 1983.