ETSU Title IX Lawyer: An East Tennessee State University Student Respondent Guide

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If you are an East Tennessee State University (ETSU) student and you have been told you are the respondent in a sexual harassment, sexual misconduct or sex-based discrimination matter, this guide explains how ETSU’s published rule and policies describe the process. Families and anyone looking for an ETSU Title IX lawyer can use it to understand the steps and the deadlines that appear in the documents. It is general information. The notice you receive, and the rule or policy version that applies to your case, control what happens in your case.

Which policy applies

ETSU is governed by its own Board of Trustees, and two different documents describe how ETSU handles sex-based complaints against students. They work differently, so the first question in any case is which one applies.

The ETSU Title IX Rule. This is Chapter 0240-06-01, "Title IX Compliance," in the Rules of East Tennessee State University, published by the Tennessee Secretary of State. Its history reads: "New rules filed May 4, 2021; effective August 2, 2021." It covers "sexual harassment" as the Rule defines it: quid pro quo conduct by an employee; "Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to ETSU’s education program or activity"; and sexual assault, dating violence, domestic violence and stalking. The conduct must occur in ETSU’s education program or activity and against a person in the United States. Rule cases involve a formal complaint, an investigation, a live hearing before a hearing officer and an appeal.

The Discrimination, Harassment, and Sexual Misconduct policy. This is ETSU’s policy library document, with a policy and procedures effective date of 10/12/21 and a revised effective date of 09/09/25. ETSU web pages also call it the "Sexual Misconduct Policy" or the "Policy on Sexual Misconduct, Harassment, and Discrimination." Section 1.3 of the policy says "ETSU’s Title IX Rule applies to all sex-based Discrimination and/or Harassment Reports, as defined by the Title IX Rule. Any sex-based Discrimination and/or Harassment that does not fall under ETSU’s Title IX Rule may be addressed pursuant to this Policy." The policy describes an investigation that ends in an investigator’s final report with findings. It does not describe a hearing.

Which version applies. Section 1.2 of the policy says that if the alleged conduct "occurred prior to the effective date of this Policy, the Report will be evaluated under the applicable ETSU policy in effect at that time," while the procedures follow the current policy. The Title IX Rule has no similar transition clause. The version that applies to you can depend on the date of the alleged incident and the date of your notice. Check your notice, and ask the Title IX Coordinator in the Office of University Compliance, in writing, which rule or policy and which version governs your case.

The student conduct policy and the UAPA option

ETSU’s General Policy on Student Conduct and Disciplinary Sanctions (effective 3/24/17, not revised) is the student disciplinary policy; the Student Conduct page says it is "also commonly referred to as the Student Code of Conduct." Its sexual misconduct offense still sends sexual misconduct matters to a "Student Sexual Misconduct Policy," a title that does not appear in ETSU’s current policy index. The Discrimination, Harassment, and Sexual Misconduct policy says student discipline runs through the student disciplinary policies.

The conduct policy says cases that may result in suspension or expulsion "are subject to the contested case provisions of the Tennessee Uniform Administrative Procedures Act (UAPA)" unless the student, "after receiving written notice, waives those procedures and elects to have the case disposed of in accord with institutional procedures." The Student Conduct FAQ describes this as an election and says "The UAPA process is administered by ETSU legal counsel." The FAQ gives "five business days" to notify the office in writing and also says "within five days of your hearing notice"; the conduct policy’s own UAPA paragraph sets no period. Use the period stated in your notice and confirm it in writing with the Dean of Students office. Neither the Title IX Rule nor the Discrimination, Harassment, and Sexual Misconduct policy says whether the UAPA option applies to a Title IX Rule hearing, so ask early and in writing if your case could lead to suspension or expulsion.

Report vs. formal complaint

Under the Title IX Rule, anyone may report sex discrimination or sexual harassment to the Title IX Coordinator "in person, by mail, by telephone, or by electronic mail," and reports may be made "at any time (including during non-business hours)." A report is not the same as a formal complaint. The Rule defines a formal complaint as "a document filed and signed by a complainant or signed by the Title IX Coordinator alleging sexual harassment against a respondent and requesting ETSU investigate the allegation of sexual harassment." The Rule’s investigation and hearing steps are written for formal complaints. A complainant filing one "must be participating in or attempting to participate in an ETSU education program or activity."

Under the policy, reports go to the Compliance Officer and "can be made anonymously." The policy says reports "must be made within two (2) years of the date of the alleged incident," and older conduct "may be investigated at the discretion of the Compliance Officer." The Title IX Rule states no filing deadline. A complainant may also ask the Compliance Officer to limit the University’s involvement, and one factor the policy lists is "The rights of the accused individual(s) to receive information about the accuser(s) and the allegations if a formal proceeding with sanctions may result."

Early steps after notice

Watch your ETSU e-mail. For Rule steps, "When notice is sent by email, the notice is effective on the date that the email is sent to the parties’ institution-provided email account." Do not wait to open or answer a notice.

On a formal complaint, the Rule requires written notice of the allegations "with sufficient time to prepare a response before any initial interview." The notice must say that "The respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the grievance process," that "The parties may have an advisor of their choice, who may be, but is not required to be, an attorney," and that "The parties may inspect and review evidence." ETSU also follows its grievance process "before the imposition of any disciplinary sanctions or other actions that are not supportive measures against a respondent."

Under the policy, the investigators give written notice of the investigation, and "A Respondent may respond in writing to the notice of investigation within five (5) business days following the date of receipt of the notice of investigation." The policy says "Students are not required to participate in an investigation," but a student who does not take part should know that "Failure to respond or participate in an investigation will not prevent the completion of the investigation."

The policy says ETSU "aims to bring all investigations to a resolution within sixty (60) business days from the date the Compliance Officer determines an investigation will commence," with extensions for good cause and written notice. A University Compliance web page says "within 60 days." The Rule says only "reasonably prompt time frame." These are ETSU targets, not deadlines you must meet.

You may raise bias or a conflict of interest "at any time in the investigative process as soon as the party becomes aware of bias or conflict," according to the policy. The Rule separately bars a conflict of interest or bias by the Title IX Coordinator, investigator or hearing officer.

Dismissal

The Rule requires dismissal "for purposes of sexual harassment under Title IX" when the conduct "would not constitute sexual harassment even if proved, did not occur in ETSU’s education program or activity, or did not occur against a person while in the United States." That dismissal "does not, however, preclude action under another provision of ETSU’s codes of conduct or other policies." ETSU may also dismiss if the complainant withdraws in writing, if "the respondent is no longer enrolled or employed by ETSU," or if circumstances prevent gathering enough evidence. Written notice of a dismissal goes to both parties at the same time, and a dismissal can be appealed under the Rule (see Appeals).

Investigation and evidence

Under the Title IX Rule, "The burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility rest on ETSU and not on the parties." Both parties get an equal opportunity to present fact and expert witnesses and other evidence, and ETSU "will not restrict the ability of either party to discuss the allegations under investigation or to gather and present relevant evidence." You get written notice of each interview or meeting "with sufficient time for the party to prepare to participate." ETSU may not use your medical or counseling treatment records without your "voluntary, written consent."

Before the investigative report is finished, ETSU sends each party and advisor the evidence directly related to the allegations, including evidence it does not intend to rely on. The Rule says "ETSU will allow the parties ten (10) business days to submit a written response, which the investigator will consider prior to completion of the investigative report." Then, "At least ten (10) business days prior to a hearing or other time of determination regarding responsibility," ETSU sends the investigative report to each party and advisor for review and written response.

The evidence standard depends on the track. The Rule says "ETSU will apply a clear and convincing evidence standard for all formal complaints." The policy says "The standard of proof used in investigations is Preponderance of the Evidence." The student conduct policy also uses the preponderance standard for conduct hearings.

Under the policy, interviews "may be recorded by the University. Recordings not authorized by the University are prohibited." The investigators prepare "a final report that includes findings and recommendations as to whether the Respondent party is in violation of University policy," both parties receive it at the same time, and "Appropriate ETSU administrator(s) receive the final report."

Advisor and hearing

Advisor rules differ sharply by track, so confirm the track before relying on an advisor.

Title IX Rule live hearing

"ETSU will conduct a live hearing of formal complaints not dismissed pursuant to this rule." It may be held by live video, and at either party’s request the parties can be in separate rooms. "At least seven days before a live hearing," ETSU sends written notice of the time, place and date, the names of the witnesses ETSU expects to present, "The right to request a copy of the investigative file" and the right to request copies of documents and evidence. The hearing officer cannot be the Title IX Coordinator or an investigator.

Cross-examination is done by advisors. The hearing officer "will permit each party’s advisor to ask the other party and any witnesses all relevant questions and follow-up questions, including that challenging credibility." That cross-examination "will be conducted directly, orally, and in real time by the party’s advisor of choice and never by a party personally." If you have no advisor, "ETSU will provide without fee or charge to that party an advisor of ETSU’s choice, who may be, but is not required to be, an attorney, to conduct cross-examination on behalf of that party." Before any question is answered, "the hearing officer will first determine whether the question is relevant and explain any decision to exclude a question as not relevant." Questions about the complainant’s sexual predisposition or prior sexual behavior are not relevant except in two narrow situations the Rule lists.

If a party or witness does not submit to cross-examination, "the hearing officer will not rely on any statement of that party or witness in reaching a determination regarding responsibility," but the hearing officer "cannot draw an inference about the determination regarding responsibility based solely on a party’s or witness’s absence from the live hearing or refusal to answer cross-examination or other questions." ETSU makes an audio or audiovisual recording, or a transcript, available to the parties.

The hearing officer issues a written determination to both parties at the same time, "using a clear and convincing evidence standard." It includes findings of fact, the result on each allegation, "any disciplinary sanctions ETSU imposes on the respondent," and the appeal procedures. "Either party may submit a written statement in support of the outcome to the Title IX Coordinator within ten (10) business days of the date of the determination or dismissal."

Advisors under the policy and the conduct policy

Under the policy, each party may have "one (1) advisor of their choosing during all stages of an investigation," but "The University will not supply an advisor to either party under this policy." The advisor "is not permitted to act as a participant or advocate during the investigative process" and "Advisors may not address campus officials in a meeting, interview, or hearing unless invited to."

In student conduct hearings, the conduct policy allows an advisor at the student’s own expense and says "The advisor may be an attorney," but "advisors are not permitted to speak or to participate directly in any hearing before a judicial body." An older Title IX "Definitions" web page also says an advisor cannot speak during the hearing. For a Title IX Rule hearing, the Rule’s advisor cross-examination text is what the Rule says.

Sanctions and informal resolution

The Title IX Rule text does not list sanctions. The policy says corrective action can include discipline "up to and including termination or expulsion from ETSU." The conduct policy lists sanctions including warning, probation, restriction, housing suspension, suspension ("the separation of a student or student organization from the institution for a specified period of time") and expulsion ("a permanent separation from the institution"), and says that while charges are pending "the university may deny and/or delay issuance of a degree."

Informal resolution rules also differ. Under the Rule, ETSU "may not offer an informal resolution process unless a formal complaint is filed," both parties must give "voluntary, written consent," and a party may withdraw and resume the grievance process at any time before agreeing to a resolution. Under the policy, informal resolution is not available for Clery Act crimes, and a signed agreement "must include a waiver of the Respondent’s right, if any, to have a formal hearing on the allegations. Neither the Complainant nor the Respondent may revoke or appeal a resolution agreement."

Supportive measures

Supportive measures are available to respondents as well as complainants. The Rule defines them as "non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or the respondent before or after the filing of a formal complaint or where no formal complaint has been filed." Examples include counseling, "extensions of deadlines or other course-related adjustments," schedule changes, escorts, "mutual restrictions on contact between the parties," housing changes and leaves of absence. ETSU keeps supportive measures confidential to the extent that does not impair providing them. A University Compliance page notes that "No contact directives are not confidential, as they must be communicated to the responding party in order to be effective."

Emergency removal and interim suspension

Three documents describe removal before a finding, each in its own terms.

  • Title IX Rule: ETSU may remove a respondent on an emergency basis "only after undertaking an individualized safety and risk analysis," finding an immediate threat to physical health or safety, and "providing the respondent with notice and an opportunity to challenge the decision immediately following the removal."
  • Discrimination, Harassment, and Sexual Misconduct policy: a student may be suspended pending the investigation and resolution, and is "given the opportunity to meet with the Compliance Officer or their designee prior to such suspension to show cause why the suspension should not be implemented." The Compliance Officer "has sole discretion to implement or stay an interim suspension," and "Violation of an interim suspension under this policy is grounds for expulsion or termination."
  • Student conduct policy: interim suspension may be imposed on a finding of an immediate threat, and the student "shall be given an opportunity at the time of the decision, or as soon thereafter as reasonably possible, to contest the suspension."

None of these documents gives a fixed number of days to challenge a removal. Follow the removal notice and ask at once, in writing, how to challenge it.

Appeals

Appeal routes, grounds and deadlines differ by document. Use the deadline in your own outcome letter and confirm it with the office that issued it.

  • Title IX Rule: either party may appeal a determination or a dismissal "only on the following bases": "Procedural irregularity that affected the outcome of the matter"; "New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made and that could affect the outcome of the matter"; and a conflict of interest or bias of "The Title IX Coordinator, investigator(s), or hearing officer" that affected the outcome. The Rule says a party "must file a written appeal with the Title IX Coordinator within ten (10) business days of the date of the determination or the dismissal." The appeal decision-maker cannot be the investigator, the hearing officer or the Title IX Coordinator, and issues a written decision "Within a reasonable time."
  • Discrimination, Harassment, and Sexual Misconduct policy: "Within five (5) business days of receiving the final report for any investigation under this policy, either party may request, by hand-delivery or email, an appeal of the findings in the Final Report," based on substantial relevant information that could not have been presented, a procedural irregularity, or a conflict of interest. "Appeals may not exceed ten (10) double-spaced pages." A three-person Appeals Board (a Staff Senate staff member, a staff member from the Office of the Provost and a faculty member) may adopt the report or send it back to the Office of University Compliance.
  • Student conduct policy: a statement of reasons goes to the Dean of Students and "must be filed within three (3) days following receipt by the accused of a copy of the decision being appealed." Grounds include a due process error, new evidence and "The respondent feels that the assigned sanctions are unduly harsh." The appeal body gives its outcome "in writing within fifteen (15) business days," and for University Judicial Board decisions "The decision of the Vice President for Student Affairs is final."

None of these documents defines "day" or "business day." Keep each figure with the document that sets it.

FAQ

Which evidence standard applies to me?
It depends on the track. The Title IX Rule uses clear and convincing evidence for all formal complaints. The Discrimination, Harassment, and Sexual Misconduct policy and the student conduct policy use preponderance of the evidence. Your notice should say which rule or policy governs.

Can my advisor speak for me?
At a Title IX Rule live hearing, your advisor conducts cross-examination and you may not question witnesses personally. Under the policy and in student conduct hearings, advisors are generally not allowed to speak for you or address officials unless invited.

Do I have to take part in the investigation?
The policy says students are not required to participate, but the investigation continues without you. Under the Rule, the hearing officer cannot rely on the statements of a party or witness who does not submit to cross-examination.

What about a criminal case?
The conduct policy says ETSU may enforce its own rules "regardless of the status or outcome of any external proceedings instituted in any other forum, including any civil or criminal proceeding." Under the Rule, the hearing officer may allow a delay for good cause, which can include "concurrent law enforcement activity." Get advice before making statements in either process.

Can I be suspended before a decision?
Yes, in limited circumstances. The Rule allows emergency removal after an individualized safety and risk analysis, and both the policy and the conduct policy allow interim suspension. Each describes a different way to challenge it; see Emergency removal and interim suspension above.

The incident happened years ago. Which version applies?
Under section 1.2 of the policy, earlier conduct is evaluated under the ETSU policy in effect at the time, with current procedures. Ask the Title IX Coordinator in writing which version applies to your dates.

More guides for Tennessee schools: Tennessee Title IX lawyer.

Legal Review: Reviewed by Attorney T. Matthews, Esquire

Disclaimer

This page provides general information about East Tennessee State University’s published Title IX Rule and policies as of September 25, 2026. It is not legal advice, and reading it does not create an attorney-client relationship. This page is not affiliated with or endorsed by East Tennessee State University. Rules and policies change, and the notice you receive controls your case. Talk with a lawyer about your own situation.

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