Policy Requiring That Process of Disciplining Student for Sexual Misconduct Be Free From Conflicts of Interest — Legal Advice to Multiple Institutional Employees Not Prohibited — Equivalent Rights of Alleged Victim

1. Law
2. Tennessee Code
3. Education
4. Postsecondary and Higher Education Generally
5. Alleged Sexual Misconduct by Student
6. Policy Requiring That Process of Disciplining Student for Sexual Misconduct Be Free From Conflicts of Interest — Legal Advice to Multiple Institutional Employees Not Prohibited — Equivalent Rights of Alleged Victim

1. An institution must adopt a policy requiring that the process of disciplining a student for sexual misconduct be carried out in a manner that is free from conflicts of interest consistent with due process of law.
2. With respect to student disciplinary hearings other than contested cases under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, the policy must provide for protections for a student accused of sexual misconduct analogous to, and no less protective than, the conflict of interest provisions of § 4-5-303.
3. Nothing in this part prohibits an attorney for the institution from providing legal advice to multiple institutional employees who serve in different roles in the process of disciplining a student for sexual misconduct.
4. Nothing in this part prohibits an institution from providing an alleged victim of sexual misconduct with equivalent rights as the student accused of sexual misconduct in an investigation, student disciplinary proceeding, or appeal.

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