Filing a DISCIPLINARY COMPLAINT against an APSU Student or Student Organization
|Q. What is a Disciplinary Complaint?|
Q. Who may file a Complaint?
Q. Where do I file the Complaint?
Q. If I need assistance prior to filing the Complaint, where should I go?
Q. When should I file a Complaint?
Q. What information should be included in the Complaint?
Q. What will be my rights if I file a Complaint
against a student or student organization? Answer
Q. What kind of hearing will be conducted for the accused student or student organization? Answer
Q. What disciplinary actions may be taken against a student or organization?
A disciplinary complaint is a written statement alleging that an APSU student or student organization has exhibited behavior that is in violation of the APSU “Code of Student Conduct.”
Any member of the APSU University community (staff, faculty, or student) has the right to file a disciplinary complaint against a student or a student organization.
Generally, a disciplinary complaint may be filed in the Office of Student Affairs with either the Dean of Students (Room 206, Morgan University Center) or the Director of Housing, Residence Life and Dining Services (Room 119, Miller Hall).
If the allegations against the student or student organization have the potential to be considered a violation of a state, local or federal law, the complaint also may be filed with Campus Police (Shasteen Building).
Consult with an appropriate APSU administrator (Dean of Students, Director of Housing/Residence Life & Dining Services, or Campus Police Officer or Chief) prior to filing the Complaint for assistance in
- assessing if the behavior(s) you observed may be considered a violation of the APSU “Code of Student Conduct” or/and of a local, state or federal laws;
- reviewing the APSU Hearing Procedures and/or local legal procedures for adjudicating a case against the student or student organization;
- determining your rights and the rights of the accused student or student organization in either hearing process;
- assessing the potential outcome and subsequent actions to be taken following a hearing;
- preparing a written complaint.
If possible, you should write the complaint as soon after the incident as possible, in order to remember details of the incident.
In the APSU Disciplinary System there is no statute of limitations on the number of days from the date of the incident to the date of filing a complaint. However, you should file the complaint at the earliest possible date following the incident.
The complaint should be a detailed and factual description of the incident, or your observations, written in chronological order. It should describe the actions of all participants in the incident and should include any statements you heard that were made by the accused, by yourself, and by any witnesses. It should list the names of all parties involved – accused student(s), witnesses, victims.
The complaint does NOT need to include the specific APSU regulations you believe have been violated by the accused student or organization.
The complaint should NOT include any judgmental statements, personal conclusions about the behavior(s) you observed, or suggested disciplinary actions to be taken against the accused.
CLICK HERE for Complaint Form
You will have the right
- To be present at any disciplinary hearing conducted concerning your complaint;
- To be given the opportunity to make a statement during a hearing;
- To request that specific individuals be called to the hearing as witnesses, or to submit a witness statement in support of your complaint;
- To hear any statements made in the hearing by the accused or by witnesses present, and to raise questions with them during the hearing;
- To be informed of the outcome of the hearing and any disciplinary actions taken against the accused student or organization, for which you have filed a complaint.
The accused student or student organization will have the option to select the hearing format for the adjudication of the case. Currently, the options include:
- An informal discussion with a Student Affairs Administrator -- This option is available only for a student’s first violation of minor regulations. (An anecdotal record is maintained by the administrator, in his/her personal files, and will become a part of the student’s or organization’s formal disciplinary record if additional violations occur.)
- An Administrative Hearing with one or more Student Affairs Administrative Hearing Officers – This option includes a structured hearing to which all parties involved in the incident will be invited. (If the student or organization is found to be responsible for a violation of the “Code of Student Conduct,” a formal disciplinary record will be maintained in the Office of Student Affairs for at least 4 years following the decision. If the decision results in a student’s suspension or expulsion, or an organization’s suspension, the formal disciplinary record will be maintained permanently.)
- A hearing with the University Hearing Board, whose members include administrators, faculty, and students. (Records will be maintained according to the same guidelines lists above for an Administrative Hearing.)
- A plea of “guilty” and a request to “waive” the right to a hearing. (In this case, the Administrative Hearing Officer will review the case and make a decision concerning the disciplinary actions to be taken with the student or organization. The record will be maintained according to the same guidelines listed above for other formal disciplinary records.)
- A hearing following the Guidelines of the Tennessee Uniform Administrative Procedures Act (TUAPA) – this option is available only for cases that may result in a suspension or expulsion.
A listing of all the disciplinary actions that may be used when a student or organization is found responsible for a violation appears in the “Code of Student Conduct” and is available on the website for the Student Handbook.
Generally, disciplinary actions include warnings, restrictions, probations, service to the community, referrals for counseling, fines, suspension and expulsion. A description of each appears in the “Code.”
For further information, please contact the Dean of Students in the Office of Student Affairs at 931-221-7341.