Tennessee Administrative Code

OUT-OF-STATE TUITION. (1) An unemancipated/dependent, currently enrolled student whose parent(s) or legal guardian/custodian relinquish residence or domicile in the state of Tennessee shall not be required to pay out-of-state tuition at the University so long as he or she maintai…

Initial residency classification will be determined by the Office of Undergraduate Admissions and Orientation for undergraduate students and the Graduate Admissions Office for graduate students. Students may appeal their initial residency reclassification by submitting a written …

If a student classified as out-of-state or international applies for in-state tuition and is subsequently reclassified, his or her in-state classification shall be based on the date the appeal form was received by the appeal committee. However, out-of-state tuition will be charge…

(1) The matriculation of a student at the University of Memphis is a voluntary entrance into the academic community. By such voluntary entrance, the student assumes obligations of performance and behavior reasonably imposed by the University relevant to its lawful missions, proce…

(1) University rules governing student conduct apply to conduct on and off University property. In the case of conduct that occurs off University property, the Dean of Students, in his/her sole October, 2021 1 STUDENT CODE OF RIGHTS AND RESPONSIBILITIES CHAPTER 0240-10-06 (Rule 0…

(1) The term “business day” means any weekday not designated by the University as a holiday or administrative closing day. When calculating a time period of business days specified in the Code, the business day of the event that triggers a time period is excluded. (2) The term “c…

(1) The University considers the behavior described in the following sub-sections as inappropriate for the University community and in opposition to the lawful missions and core values of the University. Any student and/or student organization found to have committed or to have a…

(1) Purposes of disciplinary outcomes. The purposes of disciplinary outcomes that are implemented include, but are not limited to: (a) To educate the Respondent about appropriate conduct; (b) To promote the personal and professional development of the Respondent; (c) To repair ha…

(1) The student conduct process will be carried out in a manner that is free from conflicts of interest consistent with due process of law. (2) A University employee shall not act on behalf of OSA in the student conduct process in any case in which: (a) The employee is a Complain…

(1) Reporting and Investigation of Misconduct (a) Receipt and Review of Allegations of Misconduct. OSA may initiate the student conduct process on the basis of written allegations received from any source, including, without limitation, a student, a faculty member, a University r…

(1) General. In certain situations, the University may impose interim administrative actions prior to the conclusion of the student conduct process. The University shall determine the appropriate interim administrative actions based on the totality of the circumstances. Examples …

(1) Hearings. A Hearing is a process through which a Respondent has a right to contest allegations of misconduct and/or the sanctions proposed by OSA by presenting information (including, without limitation, witnesses) to a decision maker other than the University employee(s) who…

(1) Types of appeals. The Respondent may appeal an SCB decision by either electing: (a) An internal appeal to an Appeal Reader which shall be governed by the following rules; or (b) In the case of the following sanctions: (1) suspension; (2) expulsion; (3) revocation of degree; o…

(1) Resolution by Agreement. At any time during the student conduct process, a Respondent may resolve allegations of misconduct by signing a Resolution Agreement proposed by OSA. A Resolution Agreement is not valid until it is signed by both the Respondent and OSA. By signing a R…

(1) Parties shall have the right to equitable provision of disciplinary procedures and the University will follow its disciplinary process before the imposition of any disciplinary sanctions or other actions that are not supportive measures. (2) The University will ensure that th…

(1) Disciplinary Holds. The Respondent’s academic record (including, without limitation, the release of the Respondent’s official or unofficial transcript), degree, ability to register for classes, and/or ability to re-enroll may be placed on disciplinary hold by OSA or by anothe…

(1) For Complainants. The University provides amnesty to complainants who may be hesitant to report to University/College officials because they fear that they themselves may be accused of minor violations, such as underage drinking, at the time of the incident. Educational optio…

(1) When in the opinion of the President, conditions are such that there exists a clear and immediate danger to the physical safety or well-being of the members of the University community or safety of University property, he or she may direct that the accused student or organiza…

(1) “Administrator” means the director of the Temporary Holding Resource or the Juvenile Detention Center. (2) “Chemical Defense Agent” means any product which is dispensed by means of an aerosol spray to control an individual’s combative and/or restrictive behavior. (3) “Departm…

(1) The issuance and maintenance of a license to operate a juvenile detention center or temporary holding resource shall depend upon adherence to these standards. (2) All public or private agencies operating juvenile detention centers or temporary holding resources shall be speci…

(1) Each facility shall develop a mission statement and written policies and procedures governing the facility's operations. These policies and procedures shall be reviewed and updated annually and shall be accessible to all staff at all times. Staff shall be trained on these pol…

(1) Written policy shall indicate that there is a hiring plan consistent with the facility’s Affirmative Action obligations to include, at a minimum, a clear commitment to recognize and develop the abilities of all minorities, women, and handicapped persons in compliance with Tit…

(1) Hygiene (a) The standard clothing issue for both males and females held in the facility longer than twenty-four (24) hours shall include the following: 1. Clean socks; June, 2017 13 MINIMUM STANDARDS FOR JUVENILE DETENTION CENTERS CHAPTER 0250-04-08 AND TEMPORARY HOLDING RESO…

(1) When a youth requires medical care, the facility staff shall transport or arrange for transportation of the youth to a medical facility. If a youth is in need of urgent or emergency care, the facility staff shall transport them to the nearest or designated urgent care clinic …

(1) Staff shall provide direct supervision of all youth in placement, including at a minimum the following levels of visual contact: (a) All youth confined in their rooms due to seclusion or medical requirements shall be observed every fifteen (15) minutes. (b) Youth who are acti…

(1) No facility constructed or developed after January 1, 1995, shall be located in the same building or directly connected to any adult jail or prison facility complex. (2) Existing facilities located under the same roof or on the same grounds as an adult jail shall meet the cri…

(1) Floors, walls and ceilings throughout the facility shall be kept clean, dry, and free of any hazardous materials or substance. All plumbing fixtures shall be clean and sanitary. (2) A member of the staff shall be assigned to make daily sanitation and safety inspections. Times…

(1) Procedure shall differentiate between the types of searches allowed (cavity, pat, or strip) and identify when these shall occur and by whom such searches may be made. All body cavity searches shall be executed by medical personnel. Youth shall be searched by facility staff of…

(1) Physical Restraint (a) Physical restraint is a restrictive intervention and one that poses a risk to the physical and/or psychological well-being of a youth and the safety of staff members. Physical restraint shall only be used in an emergency safety situation when the youth,…

(1) All transportation shall be provided by approved facility staff or law enforcement. (2) Each person providing transportation shall provide documentation of a valid Class D Tennessee driver license in accordance with T.C.A. § 55-50-102 (2016 and as amended). (3) Each person pr…

The purpose of these rules is to establish procedures governing public records requests received by the Tennessee Department of Children’s Services (“DCS”) that are subject to the Tennessee Public Records Act (“TPRA”), T.C.A. §§ 10-7-501 et seq., and to establish fees to be charg…

(1) “Commissioner” means the executive officer in charge of DCS. (2) “Commissioner’s Designee” means any DCS employee directed by the Commissioner to perform a task in the Commissioner’s name. (3) “Non-Routine Copy” means a copy, whether of paper or of electronically stored data,…

(1) DCS public records shall, at all times during normal and customary business hours designated by DCS, be open for personal inspection by any citizen of this state, and those in charge of the records shall not refuse such right of inspection to any citizen, unless refusal is pr…

Public record requests shall be made to the Public Records Request Coordinator (“PRRC”) or his/her designee to ensure that public records requests are routed to the appropriate records custodian and timely addressed. (1) A request to view public records may be made to the PRRC by…

(1) The PRRC shall review public records requests and make an initial determination of the following: (a) Whether the requester provided proof of Tennessee citizenship as described in Rule 0250-06-01-.04(4); (b) Whether the request sufficiently describes the records sought; and (…

(1) Certain DCS records are confidential in whole and may not be released with redaction. If a DCS record may be released with redaction, the records custodian shall prepare a redacted copy prior to providing access or copies of the requested records. If questions arise concernin…

(1) There shall be no charge for inspection of public records. (2) The location for inspection of public records shall be determined by the PRRC or the records custodian. (3) The PRRC or a records custodian may require an appointment for inspection. (4) During the inspection, the…

(1) The PRRC shall promptly respond to a public record request for copies in the most economic and efficient manner practicable. (2) Copies will be available for pickup at a location specified by the PRRC or records custodian. (3) Upon request and payment of estimated postage cha…

(1) DCS charges only reasonable fees and charges for public records in order to facilitate reasonable access to public records; these fees are consistent with the Schedule of Reasonable Charges published by the OORC. (2) The PRRC shall provide requester with a good faith estimate…

(1) Requests for any DCS records may be aggregated. (2) DCS will aggregate records requests in accordance with the “Reasonable Charges for Frequent and Multiple Requests” policy found on the OORC website, when four (4) or more requests are received within a calendar month, either…

A Public Records Request form is required when submitting requests for public records to the PRRC and is publicly available on the DCS website.

The purpose of these rules is to effectuate the provisions of subsection with T.C.A. § 37-2-403(a)(2)(A), particularly for defining the required elements of a permanency plan.

(1) “Department” or “DCS” means the Department of Children’s Services. (2) “Plan” or “ Permanency Plan” means a written plan for a child placed in foster care with the Department of Children’s Services.

(1) The Plan shall be a written document, which is a discrete part of the case record, in a format determined by the Department, which is developed jointly with the parent(s) or legal guardian of the child in foster care; (2) The Plan shall be developed within thirty (30) days of…

(1) “Adulteration” means to invalidate a specimen by adding another substance (e.g. adding water or a chemical to the specimen; tampering). (2) “Chain of Custody” means the action of documenting the collection, management, and storage of a specimen from the moment the individual …

(1) DCS employees may request a drug screen from an individual when reasonable suspicion of alcohol abuse, illegal drug use, or abuse of legal drugs exists. Examples of reasonable suspicion include, but are not limited to: (a) A DCS employee witnesses observable behavior such as …

(1) When reasonable suspicion to request a drug screen of an individual or a court order requiring DCS to drug screen an individual exists, a DCS employee will attempt to administer a drug screen as soon as possible or as required by the court order. (2) When administering any dr…