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-.04 - CORRECTIVE ACTIONS

Universal Citation: TN Comp Rules and Regs 0240-05-02-.04

Current through September 24, 2024

(1) APSU shall adopt and publish guidelines, providing notice of potential corrective actions consistent with these rules or policies applicable to both students and student organizations. The guidelines may include any appropriate corrective action subject to prior review by the APSU Office of Legal Affairs and approval by the Board of Trustees. Upon a determination that a student or student organization has violated any of the offenses set forth in these rules, policies, or guidelines, corrective action may be imposed, either singly or in combination, by the appropriate school officials. (Note: Records may be released only as authorized by state or federal law, including but not limited to final results of conduct proceedings for violations that include crimes of violence, as defined by Tennessee law, or non-forcible sex offenses may be released without consent as required by state law.)

(2) Definition of Corrective Actions. The following provides a non-exhaustive list of possible sanctions with corresponding definitions:

(a) Restitution. Restitution may be required in situations which involve destruction, damage, or loss of property, or unreimbursed medical expenses resulting from physical injury. When restitution is required, the student or student organization is obligated by the appropriate authority to monetarily compensate a party or parties for a loss suffered as a result of violation(s). Any such monetary payment in restitution shall be limited to the actual cost of repair, replacement or financial loss;

(b) Warning. The appropriate APSU official may notify the student or student organization that continuation or repetition of specified conduct may be cause for other corrective action;

(c) Reprimand. A written or verbal reprimand or censure may be given to any student or student organization whose conduct violates any part of these rules and provides notice that any further violation(s) may result in more serious penalties;

(d) Restriction. A restriction upon a student's or registered student organization's privileges for a period of time may be imposed. This restriction may include, but is not limited to, the following: denial of the right to represent APSU in any way, denial of the use of APSU facilities and/or parking privileges, restriction of participation in extracurricular activities, restriction of organizational privileges including registration, and restriction of the transfer of academic credit from another institution;

(e) University Probation. Continued enrollment of a student or student organization on probation may be conditioned upon adherence to these rules or accompanying policies. Any student or registered student organization placed on probation will be notified of such in writing, either in hard copy or electronic format, and will also be notified of the terms and length of probation. Probation may include restrictions upon the extracurricular activities of a student or registered student organization. Any conduct in violation of these rules or accompanying policies while on probationary status or the failure to comply with the terms of the probationary period may result in the imposition of an elevated sanction;

(f) Suspension. If a student or student organization is suspended, he/she or the organization is separated from APSU for a stated period of time with conditions for readmission stated in the notice of suspension;

(g) Expulsion. Expulsion entails a permanent separation from APSU. The imposition of this sanction is a permanent bar to the student's readmission or a registered student organization's recognition by APSU. A student or registered student organization that has been expelled may not enter APSU property or facilities without obtaining prior approval from an appropriate university official with knowledge of the expulsion directive. This includes all non-credit and distance education classes and programs;

(h) Interim or Summary Suspension. As a general rule, the status of a student or student organization accused of violations of these rules should not be altered until a final determination has been made in regard to the charges. Interim or Summary Suspension may be imposed upon a finding by the appropriate APSU official that the continued presence of the accused on campus constitutes an immediate threat to the physical safety and well-being of the accused or of any other member of the APSU community or its guests, destruction of property, or substantial disruption of classroom or other campus activities. In any case of Interim Suspension, the student, or student organization, shall be given an opportunity at the time of the decision, or as soon thereafter as reasonably possible, to contest the suspension;

(i) Housing Probation. A student or registered student organization placed on housing probation is deemed not to be in good standing with the housing community, and his/her continued residence is conditioned upon adherence to these rules and the Housing Contract. Any student or registered student organization placed on probation shall be notified in writing or via email of the terms and length of the probation. Probation may include restrictions upon the activities of the housing resident, including any other appropriate special condition(s). Any conduct of a similar or more serious nature in violation of the probation may result in suspension from housing;

(j) Housing Suspension and Forfeiture. A student or registered student organization suspended from housing may not reside in, visit, or make any use whatsoever of a housing facility or participate in any housing activity during the period for which the sanction is in effect. A suspended student or registered student organization shall be required to forfeit housing fees (including any unused portion thereof and the Housing deposit). A suspended student or registered student organization must vacate the housing unit within forty-eight (48) hours. Housing suspension shall remain a part of the student's record;

(k) Service to the University. A student or registered student organization may be required to donate a specified number of service hours to APSU, by way of performing reasonable tasks for the appropriate APSU office or official. This service shall be commensurate to the offense the student or registered student organization is guilty of violating (i.e., service to maintenance staff for defacing APSU property);

(l) Educational Program. A student or student organization may be required to participate in any educational programs relevant to the offense to attend special seminars or educational programs or to prepare a project or report concerning a relevant topic;

(m) Smoking and Clean Air Violation. There will be graduated fines imposed for violation of the Smoking and Clean Air in accordance with APSU rules and policies;

(n) Referral for Intervention, Assessment and/or Counseling. The student is mandated to visit the appropriate APSU official for an initial intervention and assessment which may be followed by required participation and a prescribed plan of action or treatment plan by an APSU or off campus provider. Release of information may be required. Parents or legal guardians may be notified in certain situations;

(o) Fines. Penalties in the form of fines may be enforced against a student or a registered student organization whenever the appropriate hearing officer(s) or hearing body deems necessary. The sanction of fines may be imposed in addition to other forms of corrective actions. Failure to pay fines to the Business Office within two (2) weeks of the decision may result in further corrective action;

(p) Letter of Apology. A student or student organization may be given the opportunity, under certain circumstances, to voluntarily apologize to APSU or its guests, another student or student organization, faculty or staff member, or any other affected party, either verbally or in writing, as an alternative or in addition to the imposition of other sanctions, for the behavior related to an offense;

(q) Revocation of Admission, Degree, or Credential; and,

(r) Any alternate sanction deemed necessary and appropriate to address the misconduct at issue.

Authority: T.C.A. §§ 4-5-101, et seq., and 49-8-203.

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