Student Issues
1. Family Educational Rights and Privacy Act (FERPA)
The Family Educational Rights and Privacy Act was enacted by Congress in 1974. FERPA is codified at Title 20, Section 1232(g) of the United States Code. For implementing regulations, see Title 34, Part 99 of the Code of Federal Regulations. TBR Policy 3:02:03:00, Confidentiality of Student Records and TBR Guideline S-020, Confidentiality of Student Records provide guidance on implementation of FERPA within TBR Institutions.
In summary, FERPA requires that TBR Institutions protect the confidentiality of personally identifiable educational records of students and former students, subject to certain exceptions (discussed on the FERPA Question and Answer page). Students have the right to inspect their own educational records, again subject to certain exceptions. Students also have the right to request amendment of records which the student believes are inaccurate, misleading or in violation of the student's rights. And students who believe that their rights under FERPA have been violated may file a complaint with the Federal Government.
Need more information? Check out our FERPA Questions and Answers page: FERPA Questions and Answers.
2. Sexual Harrassment
The TBR Sexual Harrassement Policies and Guidelines apply both to employees and to students. Please see the discussion under Employment Issues (FMLA, ADA, Sexual Harrassment, etc.). Note in particular that consensual intimate relationships between faculty members and students are strongly discouraged. Engaging in a consensual relationship with a student over whom a faculty member has grading, supervisory, or other evaluative authority constitutes a conflict of interest, which the faculty member must take steps to eliminate.
3. Student Discipline
Student disciplinary matters are discussed in TBR Policies 3:02:00:01 and 3:02:01:00.
4. Residency For Tuition Purposes
The rules regarding classification of students as "in-state" or "out-of-state" for the purposes of accessing tuition and fees and for admission decisions are set forth in TBR Policy 3:05:01:00, Classification of Students. The key question is whether a person maintains his or her domicile within the State of Tennessee. A person's domicile is not necessarily where a person resides (that is, where a person is physically present and where one maintains a dwelling place), but is the place one considers to be one's true and permanent home and where one intends to remain. The domicile of an unemancipated person is that of his or her parents. An emancipated person is one who has attained the age of eighteen years and whose parents have entirely surrendered the right to the care, custody, and earnings of such person, and whose parents no longer have any legal obligation to support or maintain such person. The TBR Policy presumes that an emancipated person does not acquire domicile in Tennessee while enrolled as a full-time student at any public or private institution of higher learning in the State, unless clear and convincing evidence to the contrary is presented. Contact your admissions director to obtain information regarding the process which your TBR institution follows in determining whether an emancipated student has established a domicile in the State of Tennessee.
Also, refer to Policy 3:05:01:00 (linked above) for a listing of the situations where an out-of-state student is not required to pay out-of-state tuition.
Page last modified: August 9, 2001