The suspended fraternity Sigma Alpha Epsilon has decided to appeal its two-year suspension through a hearing resembling a court of law under Tennessee Uniform Procedures Act (TUAPA).
"If a student or an organization rejects a recommended sanction from our office, they have the right to choose one of those options," said Dwayne Scott, associate dean of students.
SAE was suspended in November after some members allegedly hurled racial slurs at one of its pledges and his girlfriend.
Scott said TUAPA hearings are "more formal" than the traditional University hearings and are only available to students if the office of judicial affairs has recommended suspension or expulsion.
The hearing is a judicial review in which the attorneys for both sides argue their cases in front of a panel or a person who makes a final decision.
However, Scott said this should not be seen as a process that will end with SAE receiving a lighter punishment than the one The U of M imposed.
"(The panel) has the right to impose a similar sanction or impose a harsher sanction," he said.
However, Brandon Weghorst, SAE's national director of communications, said the punishment was challenged because the organization felt it was not appropriate.
"The alumni appealed because of the severity of it," he said. "We understand and respect The University's decision from the process, but we thought it was a little too harsh."
This is due partly to the fact a previous SAE investigation did not find any proof to support the accusations.
"We found that there was no evidence of racist remarks or a hostile environment directed towards anyone," Weghorst said. "Neither the alleged victim nor the former member came forward to the national office."
Two members of The U of M chapter were suspended in November, but Weghorst said the timing was "coincidental" and was not related to the allegations.
"We don't even know if they were part of the alleged incident," he said.
Melanie Murry, associate counsel for The U of M, said the school's view has not changed.
"The position of The University is the same as it was a month ago or two weeks ago," she said.
Since the allegations were brought against the student organization, The University has said it does not condone racism.
As for the hearing, Murry said the final decision will be made by a hearing officer, selected by U of M President Shirley Raines, who will hear the arguments of both sides.
"The process to select a hearing officer is definitely to find someone who's impartial," she said.
Murry added the hearing could take a few days to complete.
"The time limit that can be set," she said. "The evidence dictates the length of the hearing."
Though the trial could be extended, Murry said SAE will remain suspended from campus until the final decision is made.
After the trial, Scott said the only option of appeal SAE would have is judicial review.
Currently, six of the 215 SAE chapters are undergoing some sort of behavioral assessment at their respective universities, said Weghorst.
"At any given time, there are issues that we work through with our chapters," he said. "(But) the behavior that is exhibited with those chapters, that's not typical of our organization."
