Sexual Harassment Procedures
When a complaint is filed, APSU follows a structured resolution process designed to be prompt, equitable, and fair to all parties. APSU's full grievance procedures are available in Policy 6:001. This page provides an overview of the major steps.
APSU treats Complainants and Respondents equitably — providing remedies to a Complainant when a finding of responsibility is made, and following a grievance process that complies with Title IX regulations and VAWA.
Formal Process Overview
Scroll for the Informal Process
Step 1: Intake
The Title IX Coordinator will help the Complainant understand the policy, their options, and available resources. If the Complainant chooses to file a formal or informal complaint, the process moves to an Initial Assessment.
If a report is made anonymously, by a third party, or by an unidentified Complainant, the Title IX Coordinator will:
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Attempt to identify who was impacted and offer supportive measures, resources, and process options
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Take reasonable action to stop the behavior, remedy its effects on individuals and the community, and prevent future recurrence
All resolution officials receive annual training on sexual harassment, domestic violence, dating violence, sexual assault, and stalking. The Title IX Coordinator, Investigators, Decision-makers, and anyone who facilitates informal resolution are trained to conduct their roles impartially — without prejudgment, conflicts of interest, or bias. Training materials are available for review on the Title IX training page.
The resolution process is confidential. Title IX-related resolutions are generally not subject to public open records requests. Any required release of information will not include identifying information about the Complainant.
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Step 2: Initial Assessment
The Title IX Coordinator reviews the allegations to determine jurisdiction and applicable policies. Under federal Title IX regulations, a formal complaint must be dismissed if:
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The alleged conduct would not constitute sexual harassment as defined in Policy 6:001, even if proved
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The alleged conduct did not occur in APSU's education program or activity
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The alleged conduct did not occur against a person in the United States
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The Complainant is not participating or attempting to participate in APSU's education program or activities at the time of filing
A formal complaint may be dismissed if:
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The Complainant notifies the Title IX Coordinator in writing that they wish to withdraw the complaint or any allegations within it
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The Respondent is no longer enrolled or employed at APSU
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Specific circumstances prevent APSU from gathering sufficient evidence to reach a determination
If a complaint is dismissed, both parties receive written notice simultaneously and may appeal the dismissal per the procedures in Policy 6:001. The Title IX Coordinator may refer dismissed complaints for resolution under an alternative campus process when appropriate.
APSU also addresses sex offenses that fall outside the narrow scope of Title IX through Policy 6:001 and its implementing procedures.
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Step 3: Choose an Advisor
Each party is entitled to an Advisor of their choice to accompany them to any and all meetings related to the complaint. An Advisor can be anyone — an attorney, friend, family member, or colleague. At a live hearing, Advisors ask questions on the party's behalf.
If a party does not have an Advisor, APSU will provide one at no cost from a pool of trained Advisors. APSU-appointed Advisors are not attorneys.
Resources for Complainants
Victim Advocates
A Complainant may choose an advocate as their Advisor or have access to an advocate for additional support. Advocates help with supportive measures such as academic adjustments, housing relocation, employment adjustments, and coordination of medical or mental health services.
Community-based advocacy resources include:
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District Attorney's Victim Resources: 931-648-5574
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Clarksville Police Domestic Violence Victim Assistants: 931-648-0656
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Urban Ministries SafeHouse Crisis Line: 931-552-6900
National advocacy organizations:
Resources for Respondents
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Step 4: Investigation
Trained Investigators conduct an investigation that is prompt, thorough, reliable, equitable, fair, and impartial. They interview the parties and witnesses and prepare a written report. Your Advisor may accompany you to all interviews.
Both parties and their Advisors receive access to all relevant and directly related evidence collected and are given an opportunity to review and respond to it.
Step 5: Hearing
A neutral, independent Decision-maker presides over the hearing. Hearings may be held in person or virtually. Both parties may make opening and closing statements. Advisors ask questions of the other party and witnesses on their party's behalf.
If a party or witness declines to answer questions at the hearing, any prior statements they made cannot be considered by the Decision-maker.
Standard of Evidence
APSU uses the preponderance of evidence standard — whether it is more likely than not that a violation occurred, based on the available credible evidence.
Past History
Questions about a Complainant's sexual predisposition are not permitted. Questions about prior sexual behavior are permitted only if they are offered to prove that someone other than the Respondent committed the alleged conduct, or if they concern specific prior incidents between the Complainant and Respondent offered to prove consent.
Step 6: Final Determination
Both parties will be informed of the outcome of the University’s resolution of a complaint in writing, without significant delay between the notifications to each party.
The notice includes:
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The final determination and the rationale for it
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Any sanctions imposed and the rationale for them
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Appeal procedures
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Any changes to the results that occur before they become final
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When the results become final
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Step 7: Appeal
All parties may appeal a decision within ten (10) business days on grounds permitted by APSU policy. All parties have equal rights of participation in any appeal reconsideration. Appeals are conducted by written exchange of materials, and there is one level of appeal — that decision is final. See pages 73–77 of Policy 6:001 for full appeal procedures.
Timelines for Resolution
APSU is committed to resolving complaints within a reasonably prompt timeframe. Extensions and temporary delays are permitted for good cause, with written notice to both parties explaining the reason and anticipated duration. Contact the Title IX Coordinator to request a delay or extension in the process.
The Respondent may accept responsibility for all or part of the alleged policy violations at any point during the resolution process.
If the Respondent indicates an intent to accept responsibility for all of the alleged misconduct, the formal process will be paused, and the Title IX Coordinator will determine whether Informal Resolution can be used according to the criteria below.
If Informal Resolution is applicable, the Title IX Coordinator will determine whether all parties and the Recipient are able to agree on responsibility, sanctions, and/or remedies. If so, the Title IX Coordinator implements the accepted finding that the Respondent is in violation of Recipient policy and implements agreed-upon sanctions and/or remedies, in coordination with other appropriate administrator(s), as necessary.
This result is not subject to appeal once all parties indicate their written assent to all agreed upon terms of resolution. When the parties cannot agree on all terms of resolution, the Formal Grievance Process will resume at the same point where it was paused.
When a resolution is accomplished, the appropriate sanction or responsive actions are promptly implemented to effectively stop the harassment or discrimination, prevent its recurrence, and remedy the effects of the discriminatory conduct, both on the Complainant and the community.
Informal Resolution
To initiate an informal resolution process, a Complainant must submit a formal complaint first. After submission of the formal complaint, the Title IX Coordinator will provide additional information if an informal resolution is an option. Parties who wish to initiate an informal resolution process should contact the Title IX Coordinator.
All parties must agree, in writing, to initiate an informal resolution process. The parties may agree as a condition of engaging in informal resolution that statements made or evidence shared during the informal resolution process will not be considered in the formal grievance process unless all parties consent.
It is not necessary to pursue informal resolution first to pursue a formal grievance process, and any party participating in informal resolution can stop the process at any time and begin or resume the formal grievance process.
There are three main types of informal resolution:
Supportive Resolution
When the Title IX Coordinator can resolve the matter informally by providing supportive measures (only) to remedy the situation.
Alternative Resolution
When the parties agree to resolve the matter through an alternative resolution mechanism as described below, including mediation, restorative practices, facilitated dialogue, etc., usually before a formal investigation takes place; see discussion below.
Accepted Responsibility
When the Respondent accepts responsibility for violating policy, and desires to accept the sanction(s) and end the resolution process.
Alternative Resolution Approaches
Alternative Resolution is an informal approach, including mediation, restorative practices, facilitated 19 dialogue, etc. by which the parties reach a mutually agreed upon resolution of an allegation. All parties must consent to the use of an Alternative Resolution approach.
The Title IX Coordinator may look to the following factors to assess whether Alternative Resolution is appropriate, or which form of Alternative Resolution may be most successful for the parties:
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The ultimate determination of whether Alternative Resolution is available or successful is to be made by the Title IX Coordinator. The Title IX Coordinator is authorized to negotiate a resolution that is acceptable to all parties, and/or to accept a resolution that is proposed by the parties, usually through their Advisors. Alternative Resolution agreements are not subject to appeal once agreed upon by all parties.