Tenn. Comp. R. & Regs. 1640-01-19-.16 - APPEAL AND EXCEPTION PROCESS

(1) Each eligible postsecondary institution shall establish an Institutional Review Panel (IRP) which shall review student appeals for the loss of TELS eligibility, as set forth in T.C.A. § 49-4-924 and these rules. Each eligible postsecondary institution shall establish written procedures for the submission of an appeal to the IRP following the denial or revocation of a TELS award. These procedures shall include, but not be limited to, the establishment and composition of the IRP and the process and timelines for appeals to the IRP. Each eligible postsecondary institution shall also ensure students are notified of the procedures for submitting an appeal to the TSAC Appeals Panel (Appeals Panel) following a decision made by the IRP. No eligible postsecondary institution official rendering a decision to deny or revoke a TELS award shall participate as a voting member in the appeal process for the same award. If the IRP determines that an appeal shall be reviewed, a hearing shall be held no later than ten (10) business days after the appeal is properly filed, exclusive of holidays and school closures. The IRP shall notify the appellant in writing of its decision no later than five (5) business days after ruling on the appeal. The notification shall include the date of the decision and pertinent facts and issues of the IRP's decision.

(2) The TSAC Appeals Panel shall be appointed by TSAC's Executive Director for the purpose of meeting to consider appeals from decisions rendered by the IRPs and appeals submitted directly to the TSAC Appeals Panel without first being submitted to an IRP.

(3) A student may appeal the loss of a TELS award to TSAC under the following circumstances:

(a) Appealing the decision rendered by an IRP. Such appeals shall be properly submitted to the Appeals Panel within forty-five (45) calendar days from the date of the IRP decision letter and shall include the following information:

1. TSAC Appeal Form;

2. Written statement outlining the basis for the appeal;

3. Denial letter from the IRP;

4. Official college transcripts;

5. Proof of current enrollment; and

6. Any other documentation that supports the student's appeal; or

(b) Appealing directly to the TSAC Appeals Panel without first appealing to the IRP. Such appeals shall be properly submitted to the TSAC Appeals Panel within forty-five (45) calendar days from the date of notification from TSAC to the student regarding the requirements of the appeal. Appeals directly to the TSAC Appeals Panel shall include the same documentation outlined in subdivision (3)(a), with the exclusion of the requirements in (3)(a)3., and may be reviewed by the TSAC Appeals Panel under the following circumstances:

1. Where the circumstances leading to the loss of eligibility occurred at a regionally-accredited out-of-state postsecondary institution prior to the student being enrolled, or attempting to enroll, in an eligible postsecondary institution;

2. Where the circumstances leading to the loss of eligibility occurred at one (1) eligible postsecondary institution prior to the student transferring to another eligible postsecondary institution;

3. Where a student first enrolled beyond sixteen (16) months after high school graduation;

4. Where a student withdraws from an eligible postsecondary institution while seeking eligibility as a non-traditional student;

5. Where a student is enrolled part-time and is seeking an extension to the five-year terminating event due to a documented medical disability as certified by a licensed physician, including the relied upon certification;

6. Where a student does not file the FAFSA or submit an application required for program eligibility by the published deadline; or

7. At TSAC's discretion where the loss of eligibility was due to extraordinary circumstances.

(4) A student who is unable to properly submit an appeal to the TSAC Appeals Panel prior to the forty-five (45) day deadline due to circumstances beyond his or her control, may request an extension of the forty-five (45) day deadline. Such a request shall be made in writing to the TSAC Appeals Panel prior to the expiration of the forty-five (45) day deadline and shall include an explanation of the circumstances requiring the extension. The appeal of a student who does not meet the forty-five (45) day deadline and does not timely request an extension shall be denied. A denial of an untimely appeal may be set aside by the Executive Director of TSAC only in extraordinary circumstances in the interest of fairness. In such cases, the TSAC Appeals Panel will consider the appeal on its merits.

(5) The TSAC Appeals Panel shall consider each appeal no later than forty-five (45) calendar days after the appeal is properly submitted unless an extension to the forty-five (45) day deadline is approved by the TSAC Appeals Panel. The TSAC Appeals Panel shall notify the appellant in writing of a decision no later than fourteen (14) calendar days after ruling on an appeal. The notification shall include a summary of the pertinent facts and issues leading to the decision and a copy of the notification shall be sent to the appellant's home institution. A decision of the TSAC Appeals Panel made on the merits of the appeal is the final administrative remedy available to the student.

(6) The authority of an IRP shall be strictly limited to consideration of appeals based on determinations of eligibility arising from its respective postsecondary institution. The authority of the TSAC Appeals Panel shall be strictly limited to consideration of appeals arising from an IRP or those made directly to TSAC, as authorized by these rules. Neither the IRP nor the TSAC Appeals Panel shall have the authority to rule on the validity of, or make exceptions to, high school grade point average, postsecondary grade point average, ACT or SAT scores, or any other academic eligibility requirements.

Notes

Tenn. Comp. R. & Regs. 1640-01-19-.16

Original rule filed December 29, 2003; effective April 29, 2004. Amendment filed October 21, 2004; effective February 28, 2005. Public necessity rule filed October 4, 2005; effective through March 18, 2006. Public necessity rules 1640-01-19-.01 through 1640-01-19-.26 filed October 4, 2005, expired on March 18, 2006. On March 19, 2006, rules 1640-01-19-.01 through 1640-01-19-.26 reverted to rules in effect on October 3, 2005. Repeal and new rule filed November 9, 2005; effective March 30, 2006. Repeal and new rule filed November 20, 2007; effective March 28, 2008. Public necessity rule filed October 23, 2008; effective through April 6, 2009. Public necessity rule filed October 23, 2008 and effective through April 6, 2009, expired on April 7, 2009; rule reverted to its previous status. Amendments filed January 30, 2009; effective May 29, 2009. Amendments filed December 1, 2009; effective May 31, 2010. Repeal and new rule filed December 19, 2014; effective March 19, 2015. Amendments filed August 7, 2023; effective 11/5/2023.

Authority: T.C.A. §§ 49-4-201, 49-4-204, and 49-4-924.