(a) As applicable to Tennessee SARA institutions, the commission‘s complaint investigation and resolution under this part shall be limited to complaints:
Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Complaint: means a complaint or grievance against a Tennessee SARA institution filed by a non-Tennessee student residing in a member state other than Tennessee and whose complaint is relative to a distance education course or program offered by a Tennessee SARA institution. See Tennessee Code 49-7-1503
Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Institution: means an accredited postsecondary degree-granting school, college, university, or other organization. See Tennessee Code 49-7-1503
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
Member state: means a United States state, territory, or district currently approved to participate in the state authorization reciprocity agreement. See Tennessee Code 49-7-1503
Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
SARA: means the agreement overseen by the National Council for SARA and administered by the Southern Regional Education Board. See Tennessee Code 49-7-1503
Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
Statute: A law passed by a legislature.
Tennessee SARA institution: means an institution approved by the commission for participation in SARA. See Tennessee Code 49-7-1503
(1) Filed by a student residing in a member state other than Tennessee;(2) Where the complaint involves a distance education course or program offered by a Tennessee SARA institution;(3) Where the student has exhausted the Tennessee SARA institution‘s grievance process; and(4) Where the complaint concerns a requirement imposed solely by the state authorization reciprocity agreement and not imposed by federal law, state law, or the institution’s policies.(b) A complaint filed with the commission shall be in writing and shall set forth the grounds for the complaint, explain any steps taken to exhaust the Tennessee SARA institution grievance process, identify the basis for the commission’s jurisdiction under SARA, include any relevant documents, and contain other information that is required by the commission.(c) The commission shall initially consult with the Tennessee SARA institution indicated in the complaint.(d)(1) In the event that consultation with the Tennessee SARA institution does not result in resolution of the complaint, then the commission shall request a copy of the complaint investigation file and any other related documents from the Tennessee SARA institution for further review.(2) The commission may request from the complainant or the Tennessee SARA institution answers in writing to questions propounded by the commission. The answers shall be provided within fourteen (14) days of the request.(3) The commission may, at its discretion, attempt to effectuate a settlement. In the event that a settlement is neither sought nor reached, commission staff shall recommend a resolution of the complaint to the executive director.(4) In the event that a settlement is not reached or a party to the complaint disagrees with the determination of the executive director, the party may request a hearing before the commission. Upon receiving a request for hearing, the commission shall consider the request in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.(5) If, upon all the evidence at a hearing, it is found that a Tennessee SARA institution has engaged in or is engaging in any act or practice contrary to SARA as set forth in subsection (a), subject to the requirements of the Uniform Administrative Procedures Act, the commission may take such actions necessary to prevent the act or practice from continuing. If the commission finds that the complainant suffered loss or damage as a result of the act or practice, the commission, subject to the Uniform Administrative Procedures Act, may award the complainant full or partial restitution for the damage or loss.(e) The commission shall also have the authority to assist or refer any Tennessee resident with a grievance against a non-Tennessee SARA institution to the appropriate agency in the other state, to follow up on the outcome of the grievance, and to assist the other state with the investigation and resolution.(f) Apart from any rights or remedies created by this part, nothing in this part is intended to limit or restrict, or to create or expand, any right that any person may have under any existing common law or statute to seek any legal, equitable, or administrative remedy. Without limiting the foregoing, the commission shall not address complaints regarding student grades or student conduct violations.
