Use of Statement of Party Given in Student Disciplinary Proceeding Concerning Sexual Misconduct — No Right of Party to Be Represented at Public Expense — Adoption of Rules of Evidence

  1. Law
  2. Tennessee Code
  3. Evidence and Witnesses
  4. Admissibility of Evidence
  5. Use of Statement of Party Given in Student Disciplinary Proceeding Concerning Sexual Misconduct — No Right of Party to Be Represented at Public Expense — Adoption of Rules of Evidence

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  1. A written or oral statement of a party given in a student disciplinary proceeding concerning sexual misconduct must not be admissible in any civil or criminal trial, hearing, or proceeding for any purpose or be used for impeachment without the informed and written consent of the party if the statement was made in a student disciplinary proceeding in which the party did not have the active assistance of counsel.
  2. This section does not create a right for a party to be represented at the expense of the public, including a public institution of higher education.
  3. This section does not require a public institution of higher education to adopt formal rules of evidence in student disciplinary proceedings that are not a contested case under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
  4. As used in this section:
    1. “Active assistance of counsel” means the right to be represented by a licensed attorney who is allowed to fully participate in the student disciplinary proceeding or an appeal of a result of a student disciplinary proceeding;
    2. “Civil or criminal trial, hearing, or proceeding” does not include any type of civil action, counterclaim, cross-claim, or third-party complaint initiated by or against a public institution of higher education;
    3. “Fully participate” means being allowed to engage in the following conduct in a student disciplinary proceeding on behalf of a party:
      1. Make arguments to the hearing officer, including opening and closing arguments during a hearing and arguments on procedural and evidentiary issues; and
      2. Examine and cross-examine witnesses, directly or indirectly, if live witness testimony is presented;
    4. “Hearing officer” means:
      1. A hearing officer, hearing panel, or hearing board in a student disciplinary proceeding other than a contested case conducted under the Uniform Administrative Procedures Act; or
      2. An administrative law judge or hearing officer under the contested case provisions of the Uniform Administrative Procedures Act;
    5. “Party” means:
      1. A student accused of sexual misconduct; or
      2. A victim of sexual misconduct;
    6. “Sexual misconduct” means a violation of a public higher education institution's disciplinary policies concerning sexual assault, dating violence, domestic violence, or stalking; and
    7. “Student disciplinary proceeding” means a hearing, proceeding, or any other non-law enforcement process, other than an investigation, that is used by a public higher education institution to determine whether sexual misconduct occurred or to impose a sanction with respect to sexual misconduct.


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