2015 Tennessee Code
Title 49 - Education
Chapter 7 - Postsecondary and Higher Education Generally
Part 15 - State Authorization Reciprocity Agreement Act
§ 49-7-1506 - Complaint investigation and resolution.

(a) As applicable to Tennessee SARA institutions, complaint investigation and resolution under this part shall be limited to those complaints:

(1) 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; and

(2) Concerning a subject matter under the provisions of the state authorization reciprocity agreement and associated provisions as determined by NC-SARA and the SREB.

(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 refer any complaint initiated 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 established, operated, and governed by this state to the board of trustees of the University of Tennessee or the board of regents, or the appropriate staff, as applicable. The applicable system board shall appropriately investigate and determine a final resolution to the complaint in accordance with applicable policies.

(d) The commission shall initially refer any complaint initiated 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 not established, operated, and governed by this state to the Tennessee SARA institution indicated in the complaint.

(e) (1) In the event that a complaint initiated 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 not established, operated, and governed by this state cannot be resolved through the existing complaint or grievance policies at the Tennessee SARA institution, 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, this part, or the rules promulgated under this part, 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.

(f) 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.

(g) 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.