Tenn. Comp. R. & Regs. 0240-05-02-.02 - OFFENSES
(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.
Notes
Authority: T.C.A. ยงยง 4-5-101, et seq.; 49-7-123(a)(1); and 49-8-203.
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