Tennessee Administrative Code

(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 student…

(1) The instructor has the primary responsibility for control over classroom behavior and maintenance of academic integrity, and can order the temporary removal or exclusion from the classroom of any student engaged in disruptive conduct or conduct that violates the general rules…

(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…

(1) Hearing Options: (a) Procedures conforming to the Uniform Administrative Procedures Act (UAPA). All cases falling under the purview of this rule which may result in (i) suspension or expulsion of a student or student organization from APSU for conduct related reasons, or (ii)…

(1) Consistent with the Student Due Process Protection Act, T.C.A. § 49-7-1704, student disciplinary proceedings must include protection for respondents and complainants analogous to, and no less protective than, the conflict of interest provisions of T.C.A. § 4-5-303.

“University”) dedicates its property exclusively to the advancement of the University’s principal missions of teaching, research, and service. The University regulates its property to preserve it for the advancement of the University’s principal missions.

(1) The term “University Property” means all land, grounds, structures, facilities, and any other physical property owned, controlled, or operated by Austin Peay State University. (2) The term “University Unit” means any academic, administrative, or auxiliary department or divisi…

(1) Access to and use of APSU’s campuses, facilities, and property are restricted to the University, the University administration for official functions, affiliated individuals/entities, and the University’s invited or sponsored guests, or when part or all of a campus, its build…

(1) Non-affiliated Individuals/Entities may apply for use or access to designated University Property. (2) The University has designated the Morgan University Center as the main location on campus for use by Non-affiliated Individuals/Entities to request. Campus auditoriums and g…

access/use University Property and/or Facilities shall be based solely on factors related to reasonable regulations in light of the University’s educational mission and the nature of the facility or property requested and rendered in a content/viewpoint neutral manner. Such reaso…

Individual or Entity or a Non-Affiliated Individual or Entity has permission to use University Property or Facilities, including open access areas, the requirements outlined in this section, as well as all other requirements put forth in this rule, must be met. Violation of, or f…

(1) Distribution of leaflets, literature, pamphlets is not permitted within: (a) Classroom, library or other academic buildings or facilities; (b) Administrative and employee offices and work areas; or (c) Student residence halls, dormitories or apartment buildings. (2) No obscen…

(1) A No-Trespass Notice (“Notice”) is a written directive requiring a Non-affiliated Individual to leave and/or not enter all or part of University Property or Facilities. (2) A sworn law enforcement officer employed by the University may issue a Notice to a Non- affiliated Indi…

(1) This rule does not apply to a student’s request to see his/her own education records or to an employee’s or former employee’s reasonable requests to review or copy his/her own personnel file. (2) Proof of Tennessee citizenship for the purpose of access to public records is no…

(1) Public Records: All documents, papers, letters, maps, books, photographs, microfilms, electronic data processing files and output, films, sound recordings, or other material, regardless of physical form or characteristics, made or received pursuant to law or ordinance or in c…

(1) Austin Peay State University shall timely and efficiently provide access and assistance to persons requesting to view or receive copies of Public Records as required by law.

(1) Public Records requests should be directed to the Coordinator or his/her designee in order to ensure Public Records requests are routed to the appropriate Records Custodian and fulfilled in a timely manner. (2) Requestor may contact the Coordinator in person or by telephone, …

(1) The Coordinator shall, as necessary or appropriate: (a) Request proof of Tennessee citizenship; (b) Clarify the scope of the request; (c) Advise the Requestor that APSU may charge for copies if the request exceeds the costs threshold allowed by its rule; (d) Advise the Reques…

(1) With the exception of records which are confidential in their entirety, if a record contains confidential information or information that is not open for public inspection, the Coordinator, with assistance from the Records Custodian, shall prepare a redacted copy of the recor…

(1) Austin Peay State University will not charge for inspection of Public Records. (2) Austin Peay State University will advise the Requestor of the location where the records may be inspected and may, under reasonable circumstances, require an appointment for inspection. Public …

(1) The Coordinator will respond to a Public Records request for copies in the most economic and efficient manner practicable. (2) Copies will be available for pickup at a location specified by the Coordinator. At Requestor’s request, and upon payment of postage, the Coordinator …

(1) Austin Peay State University will aggregate record requests in accordance with the current Office of Open Records Schedule for Reasonable Charges for Frequent and Multiple Requests when more than four (4) requests are received within a calendar month either from a single indi…

uniform rules, as described in these regulations and not otherwise, in determining whether students shall be classified “in-state” or “out-of-state” for fees and tuition purposes and for admission purposes.

(1) “Continuous Enrollment” or “Continuously Enrolled” shall mean enrollment at a public higher educational institution or institution of this State as a full-time student, as such term is defined by the governing body of said Public Higher Educational Institution or Institutions…

(1) Every person having his or her domicile in Tennessee shall be classified “in-state” for fee and tuition purposes and for admission purposes. (2) Every person not having his or her domicile in Tennessee shall be classified “out-of-state” for fee and tuition purposes and for ad…

TUITION. (1) An unemancipated, currently enrolled student in a higher educational institution shall be reclassified out-of-state should his or her parent, having theretofore been domiciled in Tennessee, relocate out-of-state. However, such student shall not be required to pay out…

shall be presumed that an emancipated person does not acquire domicile in Tennessee while enrolled as a full-time student at the University, as such status is defined by APSU.

that he or she has established domicile in Tennessee he or she has the burden of proving that he or she has done so. Such a person is entitled to provide to APSU by which he/she seeks to be classified or reclassified in-state, any and all evidence which he or she believes will su…

for admission or readmission as either "in-state" or "out-of-state." A decision by the Office of Admission clerk may be appealed in writing to the residency classification officer in the Office of Admissions on an Application for Residency Classification form. Students currently/…

applies for in-state classification and subsequently is classified thusly, his or her in-state classification shall be effective as of the date on which reclassification was sought. However, out-of-state tuition will be charged for any term or semester during which reclassificati…

(1) As required by law, no student, employee, or applicant for admission or employment will be excluded, on the basis of sex, from participation in, be denied the benefit of, or be subjected to discrimination under any Austin Peay State University education program or activity. (…

(1) Actual knowledge: notice of sexual harassment or allegations of sexual harassment to an APSU Title IX Coordinator or any APSU official who has authority to institute corrective measures on behalf of APSU. This definition is not met when the only APSU official with actual know…

(1) Any person may report sex discrimination, including sexual harassment (whether or not the person reporting is the person alleged to be the victim of conduct that could constitute sex discrimination or sexual harassment), in person, by mail, by telephone, or by electronic mail…

[See RESERVED..]

(1) If APSU has actual knowledge of sexual harassment in an education program or activity committed against a person while in the United States, APSU will respond promptly in a manner that is not deliberately indifferent and follow its grievance process. (2) APSU will treat compl…

(1) APSU will keep confidential the identity of any individual who has made a report or complaint of sex discrimination, including any individual who has made a report or filed a formal complaint, any complainant, any individual who has been reported to be the perpetrator of sex …

(1) When a formal complaint is filed, APSU will provide parties with a written notice of its grievance process, including any informal resolution process(es). (2) APSU will provide written notice of the allegations potentially constituting sexual harassment, including sufficient …

(1) APSU will investigate, to the extent necessary or possible, the allegations in a formal complaint. (2) If the conduct alleged in a formal complaint would not constitute sexual harassment even if proved, did not occur in APSU’s education program or activity, or did not occur a…

(1) APSU will apply its grievance procedures and requirements equally to both parties. (2) During the course of the grievance process, APSU will treat complainants and respondents equitably by providing remedies to a complainant where a determination of responsibility for sexual …

(1) APSU will conduct a live hearing of formal complaints not dismissed pursuant to this rule. (2) At the request of either party, APSU will provide for the live hearing to occur with the parties located in separate rooms with technology enabling the hearing officer and parties t…

(1) The hearing officer will issue a written determination simultaneously to the complainant and respondent regarding responsibility, using a preponderance of evidence to reach a determination. (2) The written determination must include: (a) Identification of allegations potentia…

COMPLAINT. (1) Both parties may appeal a determination regarding responsibility or the dismissal of a formal complaint or any allegations therein, only on the following bases: May, 2022 (Revised) 9 TITLE IX COMPLIANCE CHAPTER 0240-05-06 (Rule 0240-05-06-.12, continued) (a) Proced…

(1) APSU will not require as a condition of enrollment or continuing enrollment, or employment or continuing employment, or enjoyment of any other right, waiver of the right to an investigation and adjudication of formal complaints of sexual harassment. (2) APSU will not require …

(1) Intimidation, threats, coercion, or discrimination, including charges against an individual for code of conduct violations that do not involve sex discrimination or sexual harassment, but arise out of the same facts or circumstances as a report or complaint of sex discriminat…

(1) APSU will ensure that its Title IX Coordinator, investigators, hearing officers, decision-makers, and any person who facilitates an informal resolution process receive training on this rule’s definition of sexual harassment, the scope of APSU’s education program or activity, …

(1) APSU will retain and dispose of records related to Title IX matters as required by federal and state laws and regulations.

(1) If any provision of this rule or its application to any person, act, or practice is held invalid as to APSU, the remainder of the rule or the application of its provisions to any person, act, or practice shall not be affected thereby. (2) If any provision of the Title IX regu…