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