HONOR CODE

1. PLEDGEAs a student of the University of Tennessee at Chattanooga, I pledge that I will neither give nor receive any unauthorized assistance with academic work. I will exert every effort to insure that the Honor Code is upheld by myself and others, affirming my commitment to a campus-wide climate of honesty and integrity.

2. PREAMBLEThe University of Tennessee at Chattanooga (“University”) Honor Code is designed to foster and develop a climate of honesty and integrity by giving students a primary responsibility for upholding these standards. The Honor Code is based upon the assumption that each student recognizes the fundamental importance of honesty. Students are responsible for conducting themselves in accordance with the rules and regulations of the Honor Code, and insuring that other members of the University community uphold the standards as well.

3. DEFINITIONS 3.1. Academic Dishonesty: Any cheating, plagiarism, or other types of academic

misconduct.3.2. Advisor: An individual who provides assistance to a Complainant or Respondent, at

their own expense. This individual is not permitted to speak for or on behalf of a Complainant or Respondent, appear in lieu of a Complainant or Respondent, participate as a witness, or participate directly in any other manner during any phase of the Honor Code process. However, in a UAPA Hearing, the Complainant and the Respondent are entitled to each have an attorney advocate on their behalf, at their own expense.

3.3. Business Day: The University normally conducts business on weekdays (Monday through Friday), unless the University has designated a weekday as either a holiday or an administrative closure day. For a list of normally-celebrated holidays, please see the University’s Academic Calendar. When calculating a time period of business days specified in the Code, (1) the business day of the event that triggers a time period is excluded; (2) holidays and administrative closure days are excluded; (3) the business day ends at 5:00 P.M. Eastern time.

3.4. Chancellor: The University’s chief executive officer, to whom the President of the University of Tennessee system has delegated responsibility for campus operations, policies, and procedures. For the purposes of the Code, the term also includes any University employee whom the Chancellor designates to act in his/her place.

3.5. Complainant: The instructor(s), program, department, college, or another student reporting an alleged violation. This term does not imply prejudgment concerning whether the Respondent violated the Honor Code.

3.6. Database System: The electronic database system or software used to track information related to reported incidents and the University’s response.

3.7. Designee: A faculty member, staff member, or University office who has responsibility for implementing the listed process or procedure, in part or in whole, in lieu of the designated faculty member, staff member, or University office.

3.8. Disciplinary Hold: An encumbrance on a student’s University record that is put in place while disciplinary proceedings are under investigation, pending, or sanctions are incomplete, or in accordance with other University policies. A disciplinary hold may be placed by the Office of Student Conduct or by another University office. This hold may prevent a student from registering for classes, receiving grades, transcripts, and/or academic credit and will prevent the University from conferring a student’s degree until the reason for the hold has been resolved.

3.9. Disciplinary Record: A written record that personally identifies a student as a Respondent, which is maintained by the Office of Student Conduct.

3.10. Faculty or Instructor: A person hired by the University to conduct teaching, research, or supervised clinical placements.

3.11. Honor Code: Refers to the Honor Code and related processes and procedures. 3.12. Honor Code Board: A group of students and faculty appointed to serve as the

members of a hearing board for alleged violations of the Honor Code. 3.13. Honor Code Officer: A University faculty member, selected by the Provost or

his/her designee in consultation with the Faculty Senate Executive Committee, to serve on the Honor Code Board. The Honor Code Officer is trained by the Office of Student Conduct to conduct an Honor Code Administrative Hearing consistent with the procedures outlined in the Honor Code.

3.14. Member of the University Community: Any person who is a student, faculty or staff member, campus visitor, or participant in a University-sponsored or University-affiliated activity.

3.15. Notice: Notice given in writing and transmitted by e-mail to a student’s University-provided e-mail account, by United States mail, courier service, and/or hand delivery to the address the University’s Registrar has on file for the student. When a notice is transmitted by United States mail or courier service, the notice is effective on the date that it is mailed or delivered to the courier service. When a notice is transmitted by e-mail, the notice is effective on the date that the e-mail is sent. A student’s University issued email address is the official method of communication used by University. When a notice is transmitted by hand delivery, the notice is effective on the date that it is delivered to the person to whom the notice is addressed.

3.16. Office of the Dean of Students: Refers to the University office designated with responsibility for the Office of Student Conduct. The Office of the Dean of Students may act as or on behalf of the Office of Student Conduct.

3.17. Office of Student Conduct: Refers to the University office designated with overall responsibility for the student conduct and honor code processes, policies, procedures, training, and education.

3.18. Provost: Refers to the University’s chief academic officer, to whom the Chancellor has delegated responsibility for the administration of the Honor Code. For the purposes of the Honor Code, the term also includes any University employee whom the Provost designates to act in his/her place.

3.19. Relevant Information: Information having any tendency to make the existence of any fact that is of consequence to determining whether the Respondent violated the Code more probable or less probable than it would be without the information.

3.20. Report: The verbal or written summary of a known or potential incident or violation.3.21. Respondent: A student who has been accused of violating the Honor Code.3.22. Sanction: A penalty for individuals found responsible for violating the Honor Code.3.23. Staff: A person employed by the University on a part or fulltime basis, primarily

involved in planning, organizing, staffing, directing and controlling efforts to achieve the goals and objectives of the University.

3.24. Student: For the purposes of the Code, the term “student” means: 3.24.1. A person admitted, enrolled or registered for study at the University of

Tennessee at Chattanooga, either full-time or part-time, pursuing undergraduate, graduate, or professional, as well as non-degree courses;

3.24.2. A person who has completed the immediately preceding academic term and is eligible for re-enrollment;

3.24.3. A person who is not officially enrolled or registered but who has a continuing relationship with the University;

3.24.4. A person who attended the University during a previous academic term who engaged in misconducted during the time of enrollment;

3.24.5. A person who has been admitted to the University and later matriculates at the University, with respect to misconduct that occurs as part of the application process or occurs post admission and pre-matriculation.

3.24.6. A person will be considered an Undergraduate Student if admitted, enrolled or registered for study at the University of Tennessee at Chattanooga, either full-time or part-time, pursuing undergraduate degree, and/or non-degree courses.

3.24.7. A person will be considered a Graduate Student if admitted, enrolled or registered for study at the University of Tennessee at Chattanooga, either full-time or part-time, pursuing a graduate or professional degree.

3.25. Student Conduct Record: The printed or electronic record including, without limitation: incident report(s), correspondence, demographic information, evidence, and/or student conduct history, including violations of the Honor Code.

3.26. UAPA: The Uniform Administrative Procedures Act of the State of Tennessee.3.27. University: The University of Tennessee at Chattanooga.3.28. University-Affiliated Activity: Any activity, on or off University-controlled

property, that is initiated, aided, authorized, sponsored, or supervised by the University.

3.29. University Official: An employee of the University including, without limitation, faculty members and staff members, or, for purposes of this Code, University-recognized volunteers, when acting in the performance of their duties. Student employees may also be considered University officials when acting in the performance of their duties (e.g. Graduate Assistants, Resident Assistants, and Teaching Assistants).

4. JURISDICTION

4.1. The Honor Code is applicable to all students of the University, without limitation to academic program, standing, location, or type of activity.

4.2. The Honor Code applies to conduct by a student of the University when the student is participating in a University-affiliated activity, regardless of location, including, but not limited to, an overseas study program, clinical/field placement, internship, or in-service experience.

4.3. The Honor Code prohibits cheating, plagiarism, and all other types of academic dishonesty.

4.4. The Honor Code is applicable to all students from the time of application for admission through the actual awarding of a degree, even though conduct may occur before classes begin or after classes end, as well as during the academic year and during periods between terms of actual enrollment (and even if conduct is not discovered by the University until after a degree is awarded). Should a student withdraw from the University with Honor Code charges pending, the University retains the right to investigate and resolve the allegations prior to the student being allowed to re-enroll in the University and the student’s academic record and/or ability to register for classes may be encumbered.

4.5. In cases involving allegations of Honor Code and Student Code of Conduct misconduct, the allegations will be resolved separately in accordance with the procedures for the Honor Code and Student Code of Conduct, respectively.

5. STANDARDSThe standards represent the type of behavior that constitute a violation of the Honor Code. This list should not be considered all inclusive. All students are prohibited from engaging in the following:5.1. Cheating: A form of academic dishonesty in which there is an intent to deceive and

in which the use of unauthorized materials or assistance is exploited. Examples of cheating include, but are not limited to: (1) Copying another work; (2) Obtaining or giving unauthorized assistance on exams, papers, or other coursework; (3) Unauthorized collusion with another student on a project, (4) Having another student take an exam by proxy; and/or (5) The use of unauthorized materials or devices such as computers, calculators, cell phones, cheat sheets, or other resources not allowed by the instructor.

5.2. Plagiarism: The use of intellectual property or work product of another without giving proper credit. Examples include, but are not limited to: (1) Using written or spoken words, phrases, or sentences from any source without proper documentation (e.g., quotation marks and citation); (2) Summarizing without proper documentation, ideas from another source, unless such information is recognized as common knowledge; (3) Borrowing facts, statistics, graphs, pictorial representations, or phrases without acknowledging the source, unless such information is recognized as common knowledge; (4) Collaborating on a graded assignment without the instructor’s approval; (5) Submitting work, either in whole or in part created by a professional service or used without attribution; and/or (6) Using previously

submitted academic work, for any assignment, without the permission of the course instructor.

5.3. Falsification, Fabrication, or Misrepresentation: Falsifying, fabricating, or misrepresenting data, laboratory results, research results, citations, or other information in connection with an academic assignment, or altering grades, answers, or marks in an effort to change the earned grade or credit.

5.4. Use of Unauthorized Materials: Providing, bringing, receiving, and/or using unauthorized material during an examination or academic assignment.

5.5. Use of Unauthorized Assistance: Providing, bringing, receiving, and/or using unauthorized assistance during an examination, laboratory work, field work, scholarship, or another academic assignment.

5.6. Gaining Unfair Advantage: Gaining an objectively unfair academic advantage by failing to observe the expressed procedures or instructions relating to an exam or academic assignment.

5.7. Causing Unfair Disadvantage: Engaging in an activity that unfairly places another student at a disadvantage, such as taking, hiding, or altering resource material, or manipulating a grading system.

5.8. Attempting or Assisting a Violation: Attempting to commit a violation or assisting others in committing a violation of the Honor Code.

6. RESPONDENT RIGHTS6.1. The right to a prompt, thorough, and equitable investigation. 6.2. The right to be informed in writing of all charges.6.3. The right to remain silent in any investigation, meeting, or hearing. 6.4. The right to a fair and equitable hearing. 6.5. The right to be informed in writing of all hearings at which the Respondent may be

present. 6.6. The right to challenge the fairness and/or impartiality of any Honor Code Officer,

Honor Code Board chairperson, Honor Code Board member, or UAPA Administrative Judge, for good cause. Decisions will be in the discretion of (1) the Provost or his/her designee for Honor Code Officer or Honor Code Board chairperson; (2) the Honor Code Board chairperson for any Honor Code Board member; and (3) according to the procedures for conducting UAPA Hearings as outlined by the Rules of the University of Tennessee (1720-1-5-.01) for UAPA Administrative Judges.

6.7. The right to challenge all charges and testimony used against the Respondent; to present witnesses and other evidence; and to challenge the admissibility of evidence.

6.8. The right not to be questioned directly by the Complainant during a hearing.6.9. The right to access any information or documents that will be used during a hearing,

unless prohibited by law. 6.10. The right to be informed, in writing, of any decision.6.11. The right to appeal the decision of an Honor Code Administrative, Honor Code

Board, or UAPA Hearing. 6.12. The right to be accompanied by an advisor of the Respondent’s choosing, at the

Respondent’s own expense, during all stages of the student conduct process.

7. COMPLAINANT RIGHTS7.1. The right to a prompt, thorough, and equitable investigation. 7.2. The right to ask questions and receive information about the status of a case. 7.3. The right to remain silent in any investigation, meeting, or hearing. 7.4. The right to a fair and equitable hearing. 7.5. The right to be informed in writing of all hearings at which the Respondent may be

present. 7.6. The right to challenge the fairness and/or impartiality of any Honor Code Officer,

Honor Code Board chairperson, Honor Code Board member, or UAPA Administrative Judge, for good cause. Decisions will be in the discretion of (1) the Provost or his/her designee for Honor Code Officer or Honor Code Board chairperson; (2) the Honor Code Board chairperson for any Honor Code Board member; and (3) according to the procedures for conducting UAPA Hearings as outlined by the Rules of the University of Tennessee (1720-1-5-.01) for UAPA Administrative Judges.

7.7. The right to challenge all testimony used against the Complainant; to present witnesses and other evidence; and to challenge the admissibility of evidence.

7.8. The right not to be questioned directly by the Respondent during a hearing.7.9. The right to access any information or documents that will be used during a hearing,

unless prohibited by law. 7.10. The right to be informed, in writing, of any decision.7.11. The right to appeal the decision of an Honor Code Administrative, Honor Code

Board, or UAPA Hearing. 7.12. The right to be accompanied by an advisor of the Complainant’s choosing, at the

Complainant’s own expense, during all stages of the student conduct process.

8. ADVISOR8.1. The Complainant and the Respondent may choose to be assisted by one (1) Advisor

during all stages of the student conduct process.8.2. The University encourages a Respondent (and/or Complainant who is a student),

who chooses to be assisted by an Advisor, to consider selecting a University employee who has received training from the Office of Student Conduct about the student conduct process. The Complainant and the Respondent may obtain the names of trained advisors from the Office of Student Conduct. At their own expense, the Complainant and the Respondent may choose a person who is not employed by the University to serve as an Advisor. The Complainant and the Respondent should select as an Advisor a person whose schedule allows attendance at the scheduled date, time, and place for meetings and hearings scheduled as delays will generally not be granted due to scheduling conflicts of an Advisor.

8.3. The University encourages a Complainant who is a faculty member, who chooses to be assisted by an Advisor, to consider selecting a supervisor.

8.4. The role of an Advisor is limited to assisting, advising, and/or supporting a Complainant or Respondent during the student conduct process. An Advisor is not permitted to speak for or on behalf of a Complainant or Respondent, appear in lieu

of a Complainant or Respondent, participate as a witness, or participate directly in any other manner during any phase of the student conduct process including, without limitation, an Administrative Hearing or Student Conduct Board Hearing. However, in a UAPA Hearing, the Complainant and the Respondent are each entitled to have an attorney advocate on their behalf, at their own expense.

9. COURSEWORKCoursework performed during the Honor Code process shall be considered conditional. Credit for such coursework may be affected, delayed, denied, and/or revoked based on a finding of misconduct and/or a sanction imposed under the Honor Code. In addition, subject to the other provisions of the Honor Code, a delay in the granting of a degree or a diploma may be imposed and/or a degree that was awarded prior to a decision under the Honor Code may be revoked.

10. RESOLUTION BY AGREEMENTThe Complainant may issue a proposed resolution agreement to the Respondent in lieu of the formal hearing process. The proposed resolution must be reduced to writing using the form(s) provided by the Office of Student Conduct. The Respondent may choose to accept the proposed resolution and sanction(s) (if applicable) or request one of the following types of hearings: (1) Honor Code Administrative hearing, (2) Honor Code Board hearing, or (3) UAPA hearing (if applicable). If the Respondent agrees to a resolution agreement, the decision will become final and there will be no right to appeal. Completed resolution agreements must be sent to the Office of Student Conduct by the Complainant within one (1) business day of agreement.

11. RESOLUTION BY HEARING PROCESS11.1. Investigations: The University may initiate the Honor Code process on the basis of

written allegations received from, without limitation: instructor(s), program(s), department(s) or college(s). The University may also initiate the Honor Code process in the absence of written allegations if the University becomes aware, through other means, of potential misconduct committed by a student. Upon receipt of written allegations or other information concerning potential misconduct, the Office of Student Conduct, on behalf of the University, will review the information and initiate the Honor Code process.

11.1.1. Process11.1.1.1. The Office of Student Conduct may delegate and/or collaborate with

the Office of Research Integrity or other designated University Officials for investigation of alleged Honor Code violations.

11.1.1.2. Investigations conducted by the Office of Student Conduct or designee will be prompt, thorough, ethical, and equitable. In conducting an investigation, the Office of Student Conduct or designee will act as a fair and impartial party rather than a representative of the person, office, unit, organization, or entity that submitted the allegations.

11.1.1.3. The Office of Student Conduct may investigate allegations made against a Respondent by interviewing the Complainant(s),

Respondent(s), witnesses, or any other persons, and obtaining additional information as applicable. The Office of Student Conduct is not obligated to interview a witness identified by the Complainant or Respondent if the Office of Student Conduct believes the witness is not likely to possess relevant information, is not likely to lead to the discovery of relevant information, or if the information the witness is likely to possess is cumulative of other information already gathered. The Office of Student Conduct may re-interview the Complainant(s), Respondent(s), witnesses, and/or any other person at any time during the investigation in order to obtain additional and/or clarifying information.

11.1.1.4. A Preliminary Hearing will be held before or in conjunction with an initial investigation meeting with a Respondent, ensuring the Respondent has received notice of alleged charges and rights.

11.2. Preliminary Hearing: The Preliminary Hearing is a meeting between the Office of Student Conduct or designee and the Respondent. During the Preliminary Hearing, the following will occur:

11.2.1. Process11.2.1.1. The Office of Student Conduct or designee will verbally inform the

Respondent of the allegations made against the Respondent and, if requested by the Respondent, provide the Respondent with a reasonable opportunity to review the written allegations, if any.

11.2.1.2. The Office of Student Conduct or designee will provide the Respondent with an opportunity to respond to the allegations, present information concerning the allegations, and identify witnesses whom the Respondent believes the Office of Student Conduct or designee should interview to obtain additional information.

11.2.1.3. Both the Office of Student Conduct or designee and the Respondent may ask questions and seek clarifying information about the allegations, the possible sanction(s), and the student conduct process.

11.2.1.4. Based on information provided by the Respondent during the Preliminary Hearing, the Office of Student Conduct or designee will (1) Allow the Respondent to select a type of hearing or (2) Continue to investigate the alleged violation utilizing the Honor Code’s procedure for investigations. If investigation continues, an additional Preliminary Hearing meeting will be scheduled at the conclusion of the investigation for the Respondent to select a type of hearing.

11.2.2. Notice: A Notice of Preliminary Hearing / Charge Letter is a written notice through which the Office of Student Conduct or designee (1) Notifies the Respondent that the University has received allegations that the Respondent has violated the Honor Code; (2) Instructs the Respondent to attend or schedule a Preliminary Hearing; and (3) Provides the Respondent with information about the Honor Code process. A Notice of Preliminary Hearing will generally include the following information: (1) Notice that University has begun or will begin an investigation of alleged violations of the Honor

Code by the Respondent; (2) A brief description of the Respondent’s alleged misconduct; (3) Notice of the Respondent’s right to be assisted and/or supported by an Advisor; (4) The Internet address where the Respondent can review a copy of the Honor Code; (5) The date, time, and location for the Preliminary Hearing, or an instruction that the Respondent schedule a Preliminary Hearing within a designated timeframe; and (6) Notice of the consequences for failing to comply with the Office of Student Conduct’s or designee’s instruction to attend or schedule a Preliminary Hearing.

11.2.3. Failure to Respond or Attend: If the Respondent fails to respond to a directive, schedule, or attend a Preliminary Hearing within five (5) business days of notice, the Respondent waives all rights to choose a hearing option. The Office of Student Conduct or designee will send notice to the Respondent of the date, time, and location of an Honor Code Administrative Hearing or Honor Code Board Hearing. The Honor Code Administrative Hearing or Honor Code Board will be held at the date, time, and location established by the Office of Student Conduct, with or without the participation of the Respondent. The Honor Code Officer or Honor Code Board may impose sanction(s) as deemed appropriate.

11.3. Hearings11.3.1. Process: Hearings are the process by which the University resolves alleged

violations of the Honor Code, and a hearing provides an opportunity for the Respondent to present witnesses and other information. The Respondent has the right to request an Honor Code Administrative Hearing or Honor Code Board Hearing. In matters where (1) Suspension, (2) Expulsion, and/or (3) Revocation of Admission or Degree is possible, the Respondent will have the right to choose a Uniform Administrative Procedures Act (UAPA) Hearing.

11.3.2. Selection: The Respondent will request a hearing option during their Preliminary Hearing. Selection of a hearing option must be reduced to writing using the form(s) provided by the University. Orally requesting a hearing shall not constitute a valid request for a hearing. The Complainant may request that the Honor Code Administrative Hearing not be available as an option. If a Respondent submits a timely request for a hearing and has the right to a UAPA hearing, the University will conduct a UAPA hearing unless the Respondent executes a voluntary written waiver of the accused student’s right to a hearing under the provisions of the UAPA (T.C.A. § 4-5-108, et seq.).

11.3.3. Options & Procedures11.3.3.1. Honor Code Administrative Hearing: An Honor Code

Administrative Hearing is a hearing conducted by an Honor Code Board Officer and a staff member from the Office of Student Conduct, who serves as procedural advisor. The selected Honor Code Board Officer for any given case must be an instructor at the corresponding academic level of the Respondent (e.g., undergraduate or graduate). The Honor Code Board Officer determines whether or not the Respondent has violated the Honor Code and imposes sanction(s), if necessary. The decision of an Honor Code Board Officer may be appealed to the Provost or his/her designee,

consistent with the procedures outlined in the Honor Code for Appeals.

11.3.3.1.1. Honor Code Board Officer: An Honor Code Board Officer is a University faculty member, selected by the Faculty Senate, to serve on the Honor Code Board. The Honor Code Board Officer is trained by the Office of Student Conduct to conduct an Honor Code Administrative Hearing consistent with the procedures outlined in the Honor Code.

11.3.3.1.2. Fairness & Impartiality: The Honor Code Board Officer shall be fair and impartial. Any party to an Honor Code Administrative Hearing will have the right to challenge the fairness and/or impartiality an Honor Code Board Officer. Any Honor Code Board Officer lacking fairness and/or impartiality shall recuse himself/herself or may, for good cause and at the discretion of the Faculty Senate President and/or Provost or his/her designee, be removed.

11.3.3.1.3. Notice: If the Respondent requests an Honor Code Administrative Hearing then the Office of Student Conduct will send the Respondent and the Complainant notice of the hearing at least five (5) business days in advance of the date of the hearing.

11.3.3.1.4. Procedure: An Honor Code Board Officer will conduct the Honor Code Administrative Hearing using the following general guidelines:

11.3.3.1.4.1. The hearing shall be closed to the public.11.3.3.1.4.2. The Respondent and his/her advisor (if any) and the

Complainant and his/her advisor (if any) shall be allowed to attend the entire Hearing at which questioning is conducted and information is received, excluding deliberations.

11.3.3.1.4.3. Each party will be afforded a full and fair opportunity to present all evidence, including witnesses, which reasonably relates to the charge or action at issue; evidence which is irrelevant, immaterial, repetitious or voluminous may be limited.

11.3.3.1.4.4. All procedural questions are determined by the Office of Student Conduct.

11.3.3.1.4.5. The Honor Code Board Officer will consider all evidence presented, giving due consideration to the credibility or weight of each item presented. Technical rules of evidence will not apply.

11.3.3.1.4.6. The standard for a finding of responsible is a preponderance of the evidence.

11.3.3.1.4.7. Following the conclusion of the hearing, the Honor Code Hearing Officer will consider the evidence and present written findings.

11.3.3.1.4.8. An audio or video record may be made of the hearing. Deliberations shall not be recorded. Defects in the record will not invalidate the proceedings.

11.3.3.1.4.9. In cases involving more than one (1) Respondent, hearings may be held in conjunction with or separately from other Respondents, at the discretion of the Honor Code Board Officer. Any Respondent may request that the hearing be conducted separately prior to the hearing in writing using the form(s) provided by the University to the Office of Student Conduct. The final determination of whether to grant such a request will be at the discretion of the Honor Code Board Officer.

11.3.3.1.5. Failure to Attend: If the Respondent or Complainant fails to attend the Honor Code Administrative Hearing, then the Respondent and/or Complainant waives their rights in an Honor Code Administrative Hearing. The Hearing Officer may proceed with the Honor Code Administrative Hearing in absentia. The University may hold the Respondent accountable for all decisions made in the Respondent’s absence and, if the Respondent is found to more likely than not to have violated the Honor Code, impose sanctions.

11.3.3.2. Honor Code Board: The Honor Code Board is a hearing conducted by a panel of students and faculty, chaired by a member of the faculty and advised by staff from the Office of Student Conduct. The Honor Code Board members for any given case must be students or instructors corresponding to the academic level of the Respondent (e.g., undergraduate or graduate). The Honor Code Board is the decision maker concerning whether the Respondent has violated the Code and, if so, what sanction(s) to impose. The decision of the Honor Code Board may be appealed to the Provost or his/her designee, consistent with the procedures outlined in section 13, Appeals.

11.3.3.2.1. Honor Code Board Chairperson: The Chairperson of the Honor Code Board is a University faculty member selected by the Faculty Senate. The Chairperson shall not be a voting member, and is trained by the Office of Student Conduct to conduct an Honor Code Board Hearing consistent with the procedures outlined in the Honor Code. In the case of the absence or recusal of the Chairperson, a faculty member of the Honor Code Board may serve as acting Chairperson.

11.3.3.2.2. Honor Code Board Membership: The Honor Code Board shall consist of a pool of at least the following: (a) Six (6) undergraduate students recommended by the Student Government Association and appointed by the Office of Student Conduct; (b) Six (6) graduate students recommended by the Graduate Student Association and appointed by the Office of

Student Conduct; (c) Six (6) undergraduate faculty appointed by the Faculty Senate; (d) Six (6) graduate faculty appointed by the Faculty Senate. Quorum for any hearing will be three (3) faculty and three (3) students corresponding to the academic level of the Respondent (e.g., undergraduate or graduate).

11.3.3.2.3. Fairness & Impartiality: The Honor Code Board shall be fair and impartial. Any party to an Honor Code Board Hearing will have the right to challenge the fairness and/or impartiality of the Chairperson or any Member of the Honor Code Board. Any member lacking fairness and/or impartiality shall recuse himself/herself or may, for good cause and at the discretion of the Chairperson of Honor Code Board, be removed. Any Honor Code Board Chairperson lacking fairness and/or impartiality shall recuse himself/herself or may, for good cause and at the discretion of the Provost or his/her designee, be removed.

11.3.3.2.4. Notice: If the Respondent requests an Honor Code Board Hearing, the Office of Student Conduct will send the Respondent and the Complainant notice of the hearing at least five (5) business days in advance of the date of the hearing.

11.3.3.2.5. Information: At least three (3) business days in advance of the date of the hearing, the Respondent and the Complainant must provide the following information to the Office of Student Conduct:

11.3.3.2.5.1. The names of all witnesses they plan to present to the Honor Code Board and a brief summary of the information that they reasonably anticipate that each witness will provide.

11.3.3.2.5.2. A copy of all tangible or electronic information that they plan to present to the Honor Code Board (e.g. Witness Statements, Video or Audio recordings, Photographs, Text Messages). However, they are not required to provide copies of information that is not in a form that allows copying, in which case they should provide a photograph of the item.

11.3.3.2.5.3. A copy of a written statement, if any, that they want the Honor Code Board to consider. The Complainant’s statement may include recommended sanctions for the Respondent’s alleged misconduct. The Respondent’s statement may include a description of any factors the Respondent believes mitigates the alleged misconduct.

11.3.3.2.6. Review of Information: The Respondent and/or Complainant are responsible for contacting the Office of Student Conduct no later than three (3) business days prior to the hearing to arrange a time to review case information, if such review is desired. The Office of Student Conduct will make copies of information submitted by the Complainant, the Respondent, and the

University for review by the Complainant, the Respondent, their respective advisors, and the Chairperson and members of the Honor Code Board no less than one (1) day prior to the hearing. The listed individuals will be notified by the Office of Student Conduct when materials are ready for review in the Office of Student Conduct, or the information may be sent to the listed individuals electronically. The Office of Student Conduct reserves the right to redact irrelevant and/or protected information.

11.3.3.2.7. Procedure: The Chairperson of the Honor Code Board will conduct the Honor Code Board Hearing using the following general guidelines:

11.3.3.2.7.1. The hearing shall be closed to the public.11.3.3.2.7.2. The Respondent and his/her advisor (if any) and the

Complainant and his/her advisor (if any) shall be allowed to attend the entire hearing, excluding deliberations.

11.3.3.2.7.3. Each party will be afforded a full and fair opportunity to present all evidence. Each party will be given time to provide an opening statement, present witnesses with knowledge reasonably relating to the charge or action at issue, and a closing statement.

11.3.3.2.7.4. The Chairperson may exclude (1) Irrelevant information; (2) Information that is unreasonably repetitious or voluminous; (3) Information that was not provided in advance; and (4) Information protected under federal, state, or local law.

11.3.3.2.7.5. All procedural questions are determined by the Office of Student Conduct.

11.3.3.2.7.6. The Members of the Honor Code Board will consider all evidence presented, giving due consideration to the credibility or weight of each item presented. Technical rules of evidence, such as those applied in civil or criminal court, will not apply.

11.3.3.2.7.7. The standard for a finding of responsible is the preponderance of the evidence.

11.3.3.2.7.8. Following the conclusion of the hearing, the Honor Code Board will consider the evidence and present written findings. The Chairperson of the Honor Code Board is not a voting member.

11.3.3.2.7.9. An audio or video record will be made of the hearing, but deliberations shall not be recorded. Defects in the record will not invalidate the proceedings.

11.3.3.2.7.10. In cases involving more than one (1) Respondent, hearings may be held in conjunction with or separately from other Respondents, at the discretion of the Chairperson of the Honor Code Board. Prior to the

hearing, a Respondent may request a separate hearing, in writing, using the form(s) provided by the University. The final determination of whether to grant such a request will be at the discretion of the Chairperson of the Honor Code Board.

11.3.3.2.8. Failure to Attend: If the Respondent or the Complainant fails to attend the Honor Code Board Hearing, then the Respondent and/or the Complainant waives their rights in an Honor Code Board Hearing and the Honor Code Board may proceed without their participation. The University may hold the Respondent accountable for all decisions made in the Respondent’s absence and, if the Respondent is found to more likely than not to have violated the Honor Code, impose sanctions.

11.3.3.3. Uniform Administrative Procedures Act: Uniform Administrative Procedures Act (UAPA) hearings will be conducted in accordance with the provisions of the Contested Cases section of the Act (T.C.A. § 4-5-108, et seq.). A Respondent who chooses a UAPA Hearing shall have not have the right to be heard on the same matter under other University hearing options. Procedures for conducting UAPA Hearings are outlined by the Rules of the University of Tennessee (1720-1-5-.01).

12. SANCTIONS12.1. Purpose: Disciplinary sanctions are intended to (1) Educate the Respondent(s) about

appropriate behavior and conduct; (2) Encourage and promote the personal development of the Respondent(s); (3) Discourage other students from violating the Honor Code; and (4) Protect the academic reputation of the University.

12.2. Implementation: The sanctions imposed should be appropriate for the particular case based on the gravity of the offense, including how the violation affected or reasonably could have affected other members of the University community. Consideration may also be given to (1) The Respondent(s) academic history, (2) The Respondent(s) student conduct record; (3) The Respondent(s) responsiveness to the Honor Code Board process; (4) The Respondent(s) academic classification; and (5) Other aggravating or mitigating factors.

12.3. Issuance: Respondent(s) who accept responsibility via a Resolution Agreement may be given a grade modification. Respondent(s) who are found responsible for violating the Code via a hearing may be given a grade modification and one (1) or more disciplinary sanctions.

12.4. Sanction Types & Descriptions12.4.1. Grade Modification

12.4.1.1. Assignments: The University may impose a grade modification for an assignment, if the assignment was found to have been completed in violation of the Honor Code.

12.4.1.2. Examinations: The University may impose a grade modification for an examination, if the examination was found to have been completed in violation of the Honor Code.

12.4.1.3. Courses: The University may impose a grade modification for a course, if the student was found to have violated the Honor Code during completion of the course.

12.4.2. Disciplinary Sanctions12.4.2.1. Warning: A warning is notice that informs a student that the student

has violated the Honor Code. The student must cease the misconduct and prevent the misconduct from reoccurring and should be aware that any further violations of the Code will likely result in the imposition of more severe disciplinary sanctions.

12.4.2.2. Probation: Probation is notice that informs a student that the student has committed a moderate violation, numerous minor violations, and/or repeated minor violations of the Student Code of Conduct. Probation will be imposed for a definite or indefinite period of time, during which the student may continue to be enrolled at the University. While on probation, a student may not commit any further misconduct. Conditions may be placed on the student’s continued enrollment. University departments, programs, and services may limit or prohibit participation in certain activities while a student is on probation. Further violations of the Code while on probation may result in the imposition of more severe disciplinary sanctions.

12.4.2.3. Deferred Suspension: A deferred suspension is notice that informs a student that the student has committed a serious violation, numerous minor or moderate violations, and/or repeated minor or moderate violations of the Student Code of Conduct. Deferred suspension will be imposed for a specified period of time, during which the student may continue to be enrolled at the University. Conditions may be placed on the student’s continued enrollment. University departments, programs, and services may limit or prohibit participation in certain activities while a student is on deferred suspension. Further violations of the Code while on deferred suspension will result in the imposition of suspension or greater.

12.4.2.4. Suspension: Suspension is an official separation from the University for a period of time and/or until certain conditions are met. Suspension may be imposed for a student that has committed a serious violation, numerous minor or moderate violations, and/or repeated minor or moderate violations of the of the Student Code of Conduct, and/or has violated the sanctions of probation or deferred suspension. While suspended, the student (1) Loses all University rights and privileges; (2) Shall not represent the University in any manner; (3) Shall be forbidden from entering upon all University-controlled property, including residence halls, without prior approval of the Vice Chancellor for Student Development or his/her designee. Entering upon University-controlled property may be considered Criminal Trespass under the law(s) of the State of Tennessee; and (4) Will not be eligible to apply for readmission or to resume operations

until the end of the listed period of time of the suspension or until certain conditions are met. The Provost will determine whether the student is eligible for consideration for readmission by the University admissions office(s). Students who are permitted to return to the University following a period of suspension will automatically be placed on probation for a designated period of time. Further violations of the Code while on suspension, or upon return from suspension, will result in the imposition of an additional period of suspension or greater disciplinary penalty.

12.4.2.5. Expulsion: Expulsion is an official, permanent separation from the University. An expelled student is banned from readmission. Expulsion may be imposed when a student has committed a violation so serious as to warrant total and permanent disassociation from the University and/or when a student has exhibited a blatant disregard for the Code of Conduct and for the health, safety, and welfare of themselves or other members of the University community. A student who receives expulsion (1) Loses all University rights and privileges; (2) Shall not represent the University in any manner; and (3) Shall be forbidden from entering upon all University-controlled property, including residence halls, without prior approval of the Office of Student Conduct. Entering upon University-controlled property may be considered Criminal Trespass under the law(s) of the State of Tennessee.

12.4.2.6. Withholding of Degree: Withholding of a degree may be imposed on a student who has violated any University policy. The degree will remain withheld for a specified period of time and/or until the student has completed all imposed sanctions.

12.4.2.7. Revocation of Degree: Revocation of a degree may be imposed if a student has obtained that degree in part through cheating, plagiarism, academic dishonesty, research misconduct, or other serious violation of the Code. Revocation of a degree shall be approved by the Chancellor of the University and/or the University of Tennessee Board of Trustees.

13. APPEALS13.1. Honor Code Administrative Hearing & Honor Code Board Hearing: A

Complainant and/or Respondent may appeal the decision of the Honor Code Board Officer or Honor Code Board to the Provost or his/her designee.

13.1.1. Notice: A Complainant and/or Respondent may submit a written appeal to the Office of Student Conduct within five (5) business days of the written notification of the Honor Code Board Officer or Honor Code Board. The letter of appeal must specifically address the grounds for appeal. Upon receipt of the appeal, the Office of Student Conduct will send a copy to the non-appealing party. The non-appealing party may respond by filing a written response to the Office of Student Conduct within three (3) business days after receipt of the appeal.

13.1.2. Grounds: Appeals are limited to one (1) or more of the following grounds: 13.1.2.1. The Complainant’s and/or the Respondent’s rights were violated in

the hearing process.13.1.2.2. New relevant material evidence or information has become available

that could not have been discovered at the time of the hearing.13.1.2.3. The information presented did not support the decision by the

preponderance of the evidence standard. 13.1.2.4. The sanction(s) imposed were not appropriate for the violation.

13.1.3. Decision: Within ten (10) business days of the Office of Student Conduct’s receipt of the appeal or the response to the appeal, whichever is later, the Provost or his/her designee shall:

13.1.3.1. Uphold the decision.13.1.3.2. Amend the decision. 13.1.3.3. Return the case for reconsideration. 13.1.3.4. Overturn the decision.

13.1.4. Second Appeal: The decision of the Provost or his/her designee may be appealed by either party to the Chancellor within five (5) business days of the written notification of the decision. The procedures and grounds for appeal to the Chancellor shall be the same as the procedures and grounds for appeal to the Provost or his/her designee.

13.2. Uniform Administrative Procedures Act: A Complainant, a Respondent, and/or the University may appeal the decision of the Uniform Administrative Procedures Act (UAPA) hearing. Procedures for UAPA hearing appeals are outlined by the Rules of the University of Tennessee (1720-1-5-.01).

14. HONOR CODE RECORDS14.1. Maintenance: Honor Code Board records are maintained as part of student conduct

records. All student conduct records are maintained by the Office of Student Conduct. Records related to grade modifications or withdrawals are also maintained as part of the academic record by the University Records Office.

14.2. Disclosure: The Office of Student Conduct will generally not disclose student conduct records without written consent of the student and/or in accordance with state and federal law. Information will be disclosed without written consent to (1) The student who requests to inspect their record or (2) Individuals determined to have a legitimate educational interest.

14.3. Expungement: Student conduct records are generally maintained for seven (7) years from the date of the incident, except where prohibited by law or litigation hold. Audio or video recordings of hearings, as well as physical and/or electronic evidence, may be disposed of sooner than seven (7) years but after the appeals processes has ended. The Office of Student Conduct permanently maintains student conduct records for students who have received the following sanctions (or their equivalents from previous versions of the Code): Suspension, Expulsion, Withholding of Degree, Revocation of Degree.

15. ACCOMODATIONS

The University of Tennessee at Chattanooga is committed to providing access, equal opportunity and reasonable accommodations in its services, programs, and activities related to individuals with disabilities. An individual needing an accommodation related to the student conduct process must contact the Disability Resource Center in a reasonable time frame and follow the designated process. The University will make every effort to provide reasonable accommodations.