POLICY 06:24:00

UNIFORM PROCEDURES FOR CASES SUBJECT TO THE TENNESSEE UNIFORM ADMINISTRATION PROCEDURES ACT

This policy is consistent with Tennessee Board of Regents Policy No. 1:06:00:05

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

Policy/Guideline

1. Scope
   1. These procedures will apply to any case where a contested case hearing is
      properly requested and required by law to be offered, including:
      1. The suspension or expulsion of students, or revocation of recognition of a
         student organization, for misconduct or disciplinary reasons;
      2. Suspension of employees for cause, or termination of employee when the
         termination is potentially in violation of the employee’s contract, e.g.,
         termination prior to expiration of the contract term;
      3. Support staff employees who are demoted, suspended without pay, or
         terminated and elect to pursue a UAPA hearing instead of an employee
         panel hearing as the final step of the grievance process; and
      4. Other matters in which the legal rights, duties, or privileges of a person are
         required by any statute or constitutional provision to be determined by
         TBR or Pellissippi State after an opportunity for a hearing.
   2. This policy is not applicable to termination of faculty for adequate cause. Any
      such termination is subject to the provisions of T.C.A. § 49-8-302, TBR Policy
      5.02.03.70, Academic Tenure for Community Colleges, PSCC Policy 06:02:00,
      Academic Tenure, and TBR Policy 5.02.03.10, Academic Freedom,
      Responsibility and Tenure at the Tennessee Colleges of Applied Technology:
      5.02.03.10, and PSCC Policy 06:02:03, Academic Freedom and Responsibility.
   3. Prior to offering any hearing pursuant to this policy, the institution shall contact
      the Office of General Counsel for advice on the applicability of this policy and for
      possible assistance in the hearing of the case.
2. Administrative Judges and Hearing Officers
   1. In any case where a contested case hearing is available, elected and properly
      requested, the president or designee may make a request to the office of the
      secretary of state to have the contested case heard by an administrative judge or
      hearing officer employed in the office of the secretary of state.
   2. In lieu of asking the secretary of state to have the contested case heard by an
      administrative judge or hearing officer employed in the office of the secretary of
      state, the president or designee may determine, in their sole discretion, whether
      the hearing shall be held before:
      1. A person who is licensed to practice law and who is not employed as an
         attorney for a TBR institution or TBR System Office;
      2. A former state, county, or municipal judge or a former federal judge or
         magistrate;
      3. An employee of a TBR institution or TBR System Office who has been
         trained to conduct contested cases, but who does not provide legal
         representation to TBR or any TBR institution; or
   3. An employee of another public institution who has been trained to conduct
      contested cases. Any administrative judge or hearing officer who hears a case
      involving sexual harassment, sexual assault, domestic violence, dating violence,
      or stalking shall receive training as required by federal and/or state law.
3. Procedures
   1. The UAPA and the Tennessee Department of State’s Uniform Rules of
      Procedures for Hearing Contested Cases before State Administrative Agencies,
      Tennessee Department of State Rule Chapter 1360-04-01, shall be used for
      contested case hearings under this rule.
   2. For purposes of review and action following issuance of an initial order, the
      agency head will be the president or other head of a campus out of which the
      contested case arises, and the chancellor or chancellor’s designee when the
      contested case arises out of the TBR System Office or when the president or other
      head of a campus is not available to serve as agency head due to a conflict of
      interest, recusal, disqualification, or other reason.

Sources:
TBR Policy 1:06:00:05; T.C.A. § 49-8-203; All statutes referenced in the policy.

Adopted by TBR: June 30, 1978.
Revised by TBR: September 30, 1983
Revised by TBR: December 14, 1984
Revised by TBR: March 15, 2002
Revised by TBR: June 18, 2021
Revised by TBR: October 11, 2021
Reviewed/Recommended: President’s Council, November 27, 2023
Approved: President L. Anthony Wise, Jr., November 27, 2023