Tennessee Administrative Code

(1) Any operation or use of a drone that violates FAA regulations or laws is prohibited and it is the responsibility of the operator to ensure compliance with all such regulations or laws. Failing to comply with any of these various regulations may result in significant fines and…

(1) Actual knowledge: notice of sexual harassment or allegations of sexual harassment to ETSU’s Title IX Coordinator or any ETSU official who has authority to institute corrective measures on behalf of ETSU or to any employee of an elementary or secondary school. Imputation of kn…

(1) As required by law, no student, employee, or applicant for admission or employment will be excluded, on the basis of sex, from participation in, be denied the benefit of, or be subjected to discrimination under any ETSU education program or activity. (2) If ETSU has actual kn…

(1) ETSU will notify applicants for admission and employment, students, employees, and legal guardians of elementary and secondary school students that it does not discriminate on the basis of sex in its education programs or activities and will provide the name, title, office ad…

(1) Any person may report sex discrimination, including sexual harassment (whether or not the person reporting is the person alleged to be the victim of conduct that could constitute sex discrimination or sexual harassment), in person, by mail, by telephone, or by electronic mail…

(1) When a person reports sex discrimination committed against a person while in the United States, ETSU will follow its rules, procedures and processes used for Title VII sex discrimination allegations, which provide for the prompt and equitable resolution of complaints alleging…

(1) If ETSU has actual knowledge of sexual harassment in an education program or activity committed against a person while in the United States, ETSU will respond promptly in a manner that is not deliberately indifferent and follow its grievance process. (2) ETSU will treat compl…

(1) ETSU will keep confidential the identity of any individual who has made a report or complaint of sex discrimination, including any individual who has made a report or filed a formal complaint, any complainant, any individual who has been reported to be the perpetrator of sex …

COMPLAINT. (1) When a formal complaint is filed, ETSU will provide parties with a written notice of its grievance process, including any informal resolution process(es). (2) ETSU will provide written notice of the allegations potentially constituting sexual harassment, including …

(1) ETSU will investigate, to the extent necessary or possible, the allegations in a formal complaint. (2) If the conduct alleged in a formal complaint would not constitute sexual harassment even if proved, did not occur in ETSU’s education program or activity, or did not occur a…

(1) ETSU will apply its grievance procedures and requirements equally to both parties. (2) During the course of the grievance process, ETSU will treat complainants and respondents equitably by providing remedies to a complainant where a determination of responsibility for sexual …

COMPLAINTS. (1) ETSU will conduct a live hearing of formal complaints not dismissed pursuant to this rule. August, 2021 (Revised) 8 TITLE IX COMPLIANCE CHAPTER 0240-06-01 (Rule 0240-06-01-.11, continued) (2) At the request of either party, ETSU will provide for the live hearing t…

(1) The hearing officer will issue a written determination simultaneously to the complainant and respondent regarding responsibility, using a clear and convincing evidence standard to reach a determination. (2) The written determination must include: (a) Identification of allegat…

COMPLAINT. (1) ETSU will provide both parties with the opportunity to appeal a determination regarding responsibility or the dismissal of a formal complaint or any allegations therein, only on the following bases: (a) Procedural irregularity that affected the outcome of the matte…

(1) ETSU will not require as a condition of enrollment or continuing enrollment, or employment or continuing employment, or enjoyment of any other right, waiver of the right to an investigation and adjudication of formal complaints of sexual harassment. (2) ETSU will not require …

(1) Intimidation, threats, coercion, or discrimination, including charges against an individual for code of 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 discriminat…

(1) ETSU will ensure that its Title IX Coordinator, investigators, hearing officers, decision-makers, and any person who facilitates an informal resolution process receive training on this rule’s definition of sexual harassment, the scope of ETSU’s education program or activity, …

(1) ETSU will not restrict any rights protected from government action by the First Amendment of the U.S. Constitution, deprive a person of any rights that would otherwise be protected from government action under the Due Process Clauses of the Fifth and Fourteenth Amendments of …

(1) ETSU will retain and dispose of records related to Title IX matters as required by federal and state laws and regulations.

(1) If any provision of this rule or its application to any person, act, or practice is held invalid, the remainder of the rule or the application of its provisions to any person, act, or practice shall not be affected thereby. (2) If any provision of the Title IX regulations on …

(1) This rule is promulgated to provide economical and efficient access to public records as provided under the Tennessee Public Records Act.

(1) East Tennessee State University or ETSU or University - The campuses, centers, units, and institutes of East Tennessee State University and their constituent parts governed by the East Tennessee State University Board of Trustees and administration. Neither East Tennessee Sta…

(1) All ETSU public records shall, at all times during business hours, be open for personal inspection by any citizen of Tennessee, and those in charge of the public records shall not refuse such right of inspection to any citizen, unless otherwise provided by state law. Accordin…

(1) Public records requests must be made to the Public Records Request Coordinator to ensure they are routed and fulfilled in a timely manner. ETSU will publish the name, telephone number, email address, and office location of the Public Records Request Coordinator on the ETSU po…

(1) The Public Records Request Coordinator must review public records requests, consult with the Office of University Counsel as needed, and make an initial determination of whether: (a) The requester has presented proof of Tennessee citizenship. (b) The requester described the p…

PAYMENT. (1) There is no charge for inspection of public records. (2) No charges will be assessed for copies and duplicates unless the production costs exceed five dollars ($5). (3) The Public Records Request Coordinator must provide a requestor with an itemized estimate of charg…

(1) Exceptions to the right to inspect or copy public records include, without limitation: (a) Records made confidential by the TPRA or by other state law; and (b) Records ETSU is required to keep confidential by federal statute or regulation as a condition for receipt of federal…

(1) This rule establishes the process under Tennessee’s Public Records Act for making and responding to requests to inspect and/or copy records, including redaction practices; the fees charged for copies of public records; the procedures for billing and payment; and the name or t…

(1) Records Custodian. The MTSU office(s) or employee(s) lawfully responsible for the direct custody and care of a public record. (2) Public Records. All documents, papers, letters, maps, books, photographs, microfilms, electronic data processing files and output, electronic mail…

(1) Generally. (a) Except for confidential records as prescribed by law, public records will be open for inspection by citizens of Tennessee during business hours which shall be the business hours of the University’s administrative offices. (b) Requests for inspection only may be…

(1) The records custodian will make copies, or arrange for copies to be made, as well as determine copy fees and charges in the most economic and efficient manner practicable. An itemized estimate of the charges to be assessed for copies and labor should be provided to the reques…

(1) MTSU will aggregate record requests in accordance with the Frequent and Multiple Request Policy promulgated by the Office of Open Records Counsel when more than four (4) requests are received within a calendar month either from a single individual or a group of individuals de…

(1) Students and applicants with a domicile in the state of Tennessee are to be classified in-state for tuition and fee purposes and for admission purposes. Domicile is defined for these rules as a person’s true, fixed, and permanent home and place of habitation; it is the place …

TUITION. (1) An unemancipated, currently enrolled student will be reclassified as out-of-state should his/her parent move out of the state of Tennessee. However, the student will not be required to pay out-of-state tuition nor be treated as an out-of-state student for admission p…

(1) Individuals may appeal their initial classification of residency status for purposes of tuition and fee payment prior to the census date for the applicable term as specified on the registration calendar for each term according to the following procedure: (a) Individuals who a…

(1) If a student classified out-of-state applies for in-state classification and is subsequently so classified, his/her in-state classification shall be effective as of the date on which reclassification was sought. (2) However, out-of-state tuition will be charged for any term d…

(1) The MTSU Regional Scholars Program allows select non-Tennessee resident students who live within a specified radius of the MTSU campus, as determined by the Board of Trustees and published on the Regional Scholars website, and who meet specific academic requirements, to atten…

“University”) traffic, parking, and safety enforcement. It will facilitate the orderly and efficient flow of traffic on the MTSU campus and property owned by MTSU, endeavor to provide a safe atmosphere for both pedestrians and vehicle operators, and provide order with regard to p…

its campus or on property owned by MTSU in accordance with this rule and to forbid the use of a vehicle by any person whose operation of the vehicle fails to comply with University policies, City of Murfreesboro ordinances, and/or Tennessee state laws pertaining to vehicles.

(1) Campus. The main MTSU campus and any additional property owned by the University. (2) Vehicle. Any self-propelled vehicle, including, but not limited to, automobiles, motorcycles, scooters, mopeds, and golf carts capable of exceeding twenty-five (25) miles per hour over level…

(1) All students and employees must register vehicles they park on campus with the MTSU Parking and Transportation Services Office by purchasing a parking permit. Any vehicle parked on campus must display a current and valid parking permit. Failure to do so may result in the issu…

(1) All Tennessee laws, City of Murfreesboro ordinances, and MTSU rules and policies pertaining to vehicles are applicable twenty-four (24) hours a day, unless otherwise noted. (2) Operators of vehicles on MTSU property must obey all traffic rules, regulations, posting, or direct…

(1) Vehicles may be towed/booted if the vehicle is parked or left in violation of MTSU rules or policies, City of Murfreesboro ordinances, and/or Tennessee laws pertaining to motor vehicles, if said vehicle constitutes a traffic/pedestrian hazard, if five (5) or more traffic/park…

(1) Fines may be assessed for violations found on the Parking Services website. Fines may be set as determined by MTSU, but will not exceed the amounts imposed by Tennessee law or local ordinance for the same offenses. Such fines are subject to the prior review and approval of th…

(1) Visitors are subject to the rules, policies, ordinances, and laws pertaining to vehicles while on the campus. Violation of such may result in a citation and/or towing of the vehicle. (2) All visitors are requested to use parking meters or obtain a visitor’s parking permit at …

(1) All on-campus residents seeking to park a vehicle on campus are required to obtain a parking permit according to their residential area. A maximum of two (2) parking permits may be obtained by any family residing at Womack Lane Apartments. (2) Any on-campus resident who holds…

(1) All bicycles on MTSU property must be operated in accordance with all traffic rules, regulations, postings, or directions, regardless of whether the rule, regulation, posting, or direction is included in these rules. (2) Employees and students using bicycles on campus must re…