29
In cases appealed on grounds of new evidence, the moving party
must show that such evidence is material to the decision of the
board on the issue of innocence or guilt, and that said evidence
could not have been discovered by due diligence prior to the
original hearing.
In cases appealed on the grounds of denial of due process, the
moving party must show that the adjudicatory process of the
initial hearing was not conducted in conformity with properly
prescribed procedures. In this regard, the moving party must also
show that the alleged discrepancy was materially adverse to the
moving party’s interest. Nothing contained in the foregoing shall
be construed as limiting the right of the Dean of Students to
request the Student Affairs Council to review the decision of the
Academic Review Board of the College of Law.
o The decision of the Student Affairs Council is subject to review by the
Chancellor and the President of The University of Tennessee.
4.05 The procedures for an appeal of a penalty assessed by an instructor for alleged acts of
academic dishonesty shall be as follows:
• Penalties for academic dishonesty may be imposed by an instructor. He/she has full
authority to suspend a student from his/her class, to refuse to allow a student to take
an examination, to lower a student’s grade, to assign a grade of 0.0 in an exercise
or examination, or to assign a grade of 0.0 in the course. In addition to or prior to
establishing a penalty, the instructor may refer the case to an Academic Review
Board by notifying the Dean of the College of Law. In all cases involving
suspension of a student from a class, the student must be provided a hearing, as
hereinafter described, prior to the effective date of such suspension.
• An instructor shall notify the student in writing of the penalty, the nature of the
misconduct for which the penalty was assessed, the names of any witnesses to the
misconduct, and the student’s right to appeal, and shall have the writing
countersigned by the Dean of the College of Law. Copies shall go to the Office of
the Dean of Students, and, if the student is enrolled in another academic unit, to the
head of that academic unit.
• A student who has been penalized by an instructor shall first discuss the penalty
with the instructor involved and, if necessary, the Dean of the College of Law. If
the student is unable to resolve the penalty with the instructor and the Dean, he/she
may appeal the penalty to the Academic Review Board by notifying the Dean
within seven calendar days of receipt of written notice of the penalty from the
instructor.
• An appeal by a student to an Academic Review Board must be in writing. It is the
responsibility of the student to make a complete and thorough case for the appeal
to the board. This is particularly important because of the procedure which allows
the Academic Review Board to make a determination based on documentary
evidence without providing the student an opportunity to make an oral presentation.
The appeal statement should contain the following information: