Rules & Regulations of the State of Tennessee
Title 0240 - Board of Regents
Subtitle 0240-05 - Austin Peay State University
Chapter 0240-05-02 - Student and Student Organization Conduct and Corrective Actions
Section 0240-05-02-.02 - OFFENSES

Universal Citation: TN Comp Rules and Regs 0240-05-02-.02

Current through September 24, 2024

(1) APSU may impose corrective action for any inappropriate student conduct that shows a disregard for the rights of other members of APSU's academic community or which endangers property or persons on APSU campus, or APSU-controlled property.

(2) Misconduct by individual students or registered student organizations is subject to sanction and includes but is not limited to the following examples:

(a) Dangerous Conduct. Any conduct, or attempted conduct, which poses a direct threat or endangers the health, welfare, or safety of others;

(b) Hazing. Any act of hazing on or off the University campus or APSU controlled property, by an APSU student, group of students or registered student organization. Hazing means any act by one (1) student acting alone or with others which is directed against any other person that endangers the mental or physical health or safety of that person, or which induces or coerces a person to endanger such person's mental or physical health or safety. Hazing is limited to those actions taken and situations created in connection with initiation into or affiliation with any organizations. Hazing does not include sanctioned athletic events or similar contests or competitions;

(c) Discrimination, Retaliation and Harassment. Any act against another individual or group in violation of University rules or policies, as well as federal or state laws prohibiting discrimination, harassment or retaliation;

(d) Disorderly Conduct. Any behavior which is abusive, obscene, lewd, indecent, violent, excessively noisy, disorderly, or which unreasonably disturbs or may reasonably provoke other groups or individuals (this may include, but not be limited to verbal abuse, nonverbal gestures and inappropriate behavior resulting from the use of being under the influence of alcohol or drugs), etc.;

(e) Obstruction of or Interference with APSU Activities or Facilities. Any intentional interference with or obstruction of any APSU program, event, or facility including, but not limited to the following:
1. Any unauthorized occupancy of APSU or APSU-controlled facilities or blockage of access to or from such facilities;

2. Interference with the right of any authorized person to gain access to any APSU or APSU-controlled activity, program, event or facility;

3. Any obstruction or delay of a campus security officer, public safety officer, police officer, firefighter, EMT, or any University official in the performance of their duty; or

4. Any form of disruptive behavior in the classroom, during any campus event; or activity or location on campus.

(f) Misuse of or Damage to Property. Any act of misuse, vandalism, malicious or unwarranted damage or destruction, defacing, disfiguring or unauthorized use of property belonging to APSU or property being used, rented, owned or leased by a student, by a group of students or officially registered student organization not owned by APSU;

(g) Theft, Misappropriation, or Unauthorized Sale. Any act of theft, misappropriation, or unauthorized possession, use or sale of APSU property or any such act against a member or organization of the APSU community or guest of APSU;

(h) Misuse of Documents, Information or Identification Cards. Any forgery, alteration of or unauthorized use of APSU documents, forms, records or identification cards, including the giving of any false information, or withholding of necessary information, failure to carry the APSU ID card at all times or to show it upon proper request;

(i) Firearms and Other Dangerous Weapons. Any possession of or carrying, whether openly or concealed, with the intent to go armed, any firearm, explosive, explosive weapon, bowie knife, hawk bill knife, ice pick, dagger, slingshot, leaded cane, switchblade knife, blackjack, knuckles, tasers, stun gun or any other weapon of like kind, not used solely for instructional or school-sanctioned ceremonial purposes, in any APSU property or APSU controlled property, as prohibited by state law. It is also prohibited to use a weapon or instrument to simulate a weapon in acts that endanger or threaten any person;

(j) Explosives, Fireworks, and Flammable Materials. The unauthorized possession, ignition or detonation of any object or article which would cause damage by fire or other means to persons or property or APSU controlled property or possession of any substance which could be considered to be and used as fireworks or ammunition;

(k) Alcoholic beverages. The use and/or possession of beverages containing alcohol and/or public intoxication on APSU-owned or controlled property, violation(s) of any local ordinance or state or federal law concerning alcoholic beverages, on or off campus, or a violation of the terms of the APSU Drug-Free Policy Statement. It shall not be a violation for students twenty-one (21) years of age or older to consume alcohol within areas designated by the President where alcohol is permitted to be served. In addition, officially registered student organizations that sponsor events off campus, where alcoholic beverages are present and available for consumption, must adhere to all local, state and federal laws concerning alcoholic beverages and must follow APSU's Risk Management Guidelines for Student Organizations;

(l) Drugs. The unlawful possession or use of any drug, controlled substance or drug paraphernalia (including, but not limited to, any prescription drug, stimulant, depressant, narcotic or hallucinogenic drug or substance, or marijuana), or sale or distribution of any such drug or controlled substance, or a violation of any terms of the APSU Drug-Free Policy;

(m) Gambling. Participation in any unlawful gambling or gambling-related activities. Any permitted gambling or gambling-related activity, e.g. raffles, must also be operated under the auspices of APSU's Foundation;

(n) Financial Irresponsibility. Failure to promptly meet financial responsibilities to APSU including, but not limited to, knowingly passing a worthless check or money order in payment;

(o) Unacceptable Conduct in Hearings. Any conduct at an APSU hearing involving contemptuous, disorderly behavior, or the giving of false information;

(p) Failure to Cooperate with University Officials. Failure to comply with directions of APSU officials acting in the performance of their duties;

(q) Violation of General Rules and Regulations. Any violation of the general rules, policies and regulations of the University as published in an official APSU publication, whether in print or digital, including but not limited to, the failure to perform any required action or the performance of any prohibited action;

(r) Attempts and Aiding and Abetting the Commission of offenses. Any attempt to commit any of the offenses listed in this document, or the aiding and abetting of the commission of any of the offenses;

(s) Violations of Local, State or Federal Laws. Any violation of local, state or federal laws or regulations proscribing conduct or establishing offenses, which laws and regulations are incorporated herein by reference;

(t) Violation of Imposed Sanctions. Violation of a sanction officially imposed by an APSU official or a constituted body;

(u) Violations of APSU Residence Hall or Apartment rules, policies or regulations. The violation of any rules, policies or regulations which appear in materials, distributed to resident students (i.e., housing license agreements, handbooks for resident students, etc.);

(v) Sexual Harassment. An offense including acts of sexual discrimination, sexual assault, domestic violence, dating violence and/or stalking as defined in University policy or rules, as well as federal or state laws prohibiting said acts. All matters involving allegations of Sexual Harassment and covered under Title IX will be governed by the procedures set out in University policy and rules related to Tile IX and handled by the Office of Equity, Access, and Inclusion, rather than the process specified herein;

(w) Smoking, Vaping and Tobacco Smoking, inclusive of electronic smoking devices and vapors, or other tobacco usage in all APSU buildings, grounds and state-owned or controlled vehicles is prohibited (except in otherwise designated areas as provided in applicable APSU rule or policy);

(x) Animals. With the exception of service animals, emotional support animals, and animals used for academic research purposes, animals are prohibited on all APSU controlled properties except in designated housing areas. Students are required to provide the Office of Disability Services with medical documentation in requesting disability accommodations;

(y) Filing a False Complaint or Statement. Any behavior whereby a student knowingly submits a false complaint or statement alleging a violation of these rules or policies by another student or student organization or APSU employee;

(z) Academic Misconduct. Includes, but is not limited to plagiarism, cheating, facilitation, fabrication or collusion. For purposes of this section the following definitions apply:
1. Plagiarism. The adoption or reproduction of ideas, words, statements, images, or works of another person or one's self without proper attribution.

2. Cheating. Using or attempting to use unauthorized materials, information, or aids in any academic exercise or test/examination. The term academic exercise includes all forms of work submitted.

3. Fabrication. Unauthorized falsification or invention of any information or citation in an academic exercise.

4. Facilitation or Collusion. Assisting or attempting to assist another to violate a provision of APSU's Student Code of Conduct regarding academic misconduct.

5. Unauthorized Distribution of Classroom Materials. Unauthorized distribution of classroom recording or other classroom materials. Sharing, posting or selling classroom information without approval from the instructor.

(aa) Unauthorized Duplication or Possession of Keys. Making, or the possessing of any key for an APSU facility without proper authorization;

(bb) Litter. Dispersing litter in any form onto the grounds or facilities of APSU;

(cc) Abuse of Computer Resources and Facilities. Misusing and/or abusing computer resources including, but not limited to the following:
1. Distribution or use of a student and/or another person's identification to gain access to APSU computer resources;

2. Use of APSU computer resources and facilities to violate copyright laws, including, but not limited to the act of unauthorized distribution of copyrighted materials using university information technology systems;

3. Unauthorized access to a computer or network file, including but not limited to altering, using, reading, copying, or deleting the file;

4. Unauthorized transfer of a computer or network file;

5. Use of computing resources and facilities to send abusive or obscene correspondence, images, video or audio files;

6. Use of computing resources and facilities in a manner that interferes with normal operation of the APSU computing system;

7. Use of computing resources and facilities to interfere with the work of another student, faculty member, or APSU official;

8. Violation of any published information technology resources policy or rule; or

9. Unauthorized peer-to-peer file sharing.

(dd) Unauthorized Access to APSU Facilities and Grounds. Any unauthorized access or occupancy of APSU facilities and grounds is prohibited, including, but not limited to, gaining access to facilities and grounds that are closed to the public, being present in areas of campus that are open to limited guests only, being present in academic buildings after hours without permission, and being present in buildings when the student has no legitimate reason to be present;

(ee) Unauthorized Surveillance. Making or causing to be made unauthorized images of a person in a location in which that person has a reasonable expectation of privacy, without the prior effective consent of the individual, or in the case of a minor, without the prior effective consent of the minor's parent or guardian, recognizing that the parent cannot consent on behalf of a child for criminal acts as provided in state law. This includes, but is not limited to, taking video or photographic images in shower/locker rooms, residence hall rooms, and restrooms, and storing, sharing, and/or distributing of such unauthorized images by any means; and/or

(ff) Uncontrolled or Unsafe Rollerblading/Skateboarding/Other Coasting Device. Individuals are prohibited from using rollerblades/skateboards/coasting devices in an unsafe and/or reckless manner on the APSU campus and must comply with applicable APSU rule or policy.

(3) Corrective action may be taken against a student or registered student organization for violations of the foregoing rules which occur on APSU property, or which occur off-campus when the conduct impairs, interferes with, or obstructs any APSU activity or the missions, processes and functions of APSU. In addition, corrective action may be taken on the basis of any conduct, on or off-campus which violates local, state or federal laws, which violate APSU rules or policies for student organizations, or which poses a substantial threat to persons or property within the APSU community. Each student shall be responsible for their conduct from the time of application for admission through the actual awarding of a degree including periods prior to or between semesters.

(4) Conduct occurring while a student is registered or enrolled at APSU, but not discovered until after the awarding of a degree, is actionable under these provisions and may result in a retroactive sanction. Should a student withdraw from APSU with corrective action or academic misconduct action pending and not yet concluded, the student's record may be encumbered by the appropriate APSU office until the proceedings have been concluded.

Authority: T.C.A. §§ 4-5-101, et seq.; 49-7-123(a)(1); and 49-8-203.

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