Disciplinary Actions to Prevent Substance Abuse
Students, faculty and staff are responsible, as citizens, for knowing about and complying with the provisions of Tennessee Code Title 39, Chapter 17, Part 4 that make it a crime to possess, sell, deliver or manufacture those drugs designated collectively as “controlled substances in T.C.A. § 39-17-402 -- § 39-17-416. Any member of the University community who violates those laws is subject both to prosecution and punishment by the civil authorities and to disciplinary proceedings by the University.
It is expected that APSU students, faculty, and staff who use or possess alcoholic beverages will do so as legally prescribed by the laws of the state of Tennessee, within the regulations of Austin Peay State University and live in a manner that does not disrupt the lives of others. A person whose conduct is outside these parameters will be subject to the judicial rules and procedures of the University.
It is not “double jeopardy” for both the civil authorities and the University to proceed against and punish a person for the same specified conduct. The University will initiate its own disciplinary proceeding against a student or employee when the alleged conduct is deemed to affect the interests of the University. Sanctions will be imposed by the University in accordance with this policy, Staff Handbook, Faculty Handbook, Code of Student Conduct and other appropriate University policies.
Students, faculty, and staff members of APSU with substance abuse problems are encouraged to take advantage of available diagnostic, referral, counseling and prevention services. However, employees and students availing themselves of these services will not be granted special privileges and exemptions from standard academic and student conduct requirements. Austin Peay will not excuse acts of misconduct committed by employees and students whose judgment is impaired due to substance use.
Employees
(This includes regular and temporary employees, student employees and employees working at the University under the guidelines of federal contract or grant. Compliance with the policy is considered a condition of employment under the terms of the employment.)
As a condition of employment, each employee must abide by the terms of this statement
and must notify the director of Human Resources of any criminal drug statute conviction
for a violation occurring in the workplace no later than five days after such conviction.
Failure to provide notification within five days after conviction will result in termination
of employment. A conviction includes a finding of guilt, a plea of nolo contendere,
or imposition of a sentence by any state or federal judicial body. Possible disciplinary
sanctions for failure to comply with this statement, other than notification, may
include one or more of the following: 1. termination; 2. suspension; 3. mandatory
participation in, and satisfactory completion of, a substance abuse program or rehabilitation
program; and 4. recommendation for professional counseling.
Students
(This shall mean any person who is registered for study at Austin Peay State University for any academic period. A person shall be considered a student during any period that follows the end of an academic period which the student has completed until the last day for registration for the next succeeding regular academic period and during any period while the student is under suspension from the University.)
Possible disciplinary sanctions for failure to comply with the terms of this statement may include one or more of the following: 1. expulsion; 2. suspension; 3. probation; and 4. mandatory educational program.
In addition to the above, students may be required to participate in, and satisfactorily complete, a substance abuse program or rehabilitation program. Finally, in addition to imposed University sanctions, a student may be referred for criminal prosecution. As a condition for receiving federal Title IV financial aid, each student must certify that he/she will not engage in the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance and must notify the director of Student Financial Aid of any conviction within five days after such conviction. A student convicted of violating the regulation may lose their federally funded financial aid and may be subject to disciplinary action under the Code of Student Conduct.
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