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Sanctions and Remedies

When a Respondent is found to have violated APSU's sexual harassment policy, sanctions are imposed and enforced. Sanctions are typically implemented upon the conclusion of any appeal, or after the appeal window closes without an appeal being filed.

Considerations

Decision-makers consider several factors when determining appropriate sanctions:

  • The nature, severity, and circumstances surrounding the violation(s)

  • The Respondent's disciplinary history

  • The need to end the discrimination, harassment, or retaliation

  • The need to prevent future recurrence of discrimination, harassment, and/or retaliation

  • The need to remedy the effects of discrimination, harassment, and/or retaliation on the Complainant and the community

  • The impact on all parties involved

  • Any other information deemed relevant by the Decision-maker(s)

Sanctions

Examples of student sanctions:

  • Warning: A formal statement that the conduct was unacceptable and a warning that further violation of any Recipient policy, procedure, or directive will result in more severe sanctions/responsive actions.

  • Required Counseling: A mandate to meet with and engage in either Recipient-sponsored or external counseling to better comprehend the misconduct and its effects.

  • Probation: A written reprimand for violation of institutional policy, providing for more severe disciplinary sanctions in the event that the student or organization is found in violation of any institutional policy, procedure, or directive within a specified period of time. Terms of the probation will be articulated and may include denial of specified social privileges, exclusion from co-curricular activities, exclusion from designated areas of campus, no-contact orders, and/or other measures deemed appropriate.

  • Suspension: Termination of student status for a definite period of time not to exceed two years and/or until specific criteria are met. Students who return from suspension are automatically placed on probation through the remainder of their tenure as a student at Recipient.

  • Expulsion: Permanent termination of student status and revocation of rights to be on campus for any reason or to attend Recipient-sponsored events. This sanction will be noted permanently as a Conduct Expulsion on the student’s official transcript, subject to any applicable expungement policies. 24

  • Withholding Diploma: The Recipient may withhold a student’s diploma for a specified period of time and/or deny a student participation in commencement activities as a sanction if the student is found responsible for an alleged violation.

  • Revocation of Degree: The Recipient reserves the right to revoke a degree previously awarded from the Recipient for fraud, misrepresentation, and/or other violation of Recipient policies, procedures, or directives in obtaining the degree, or for other serious violations committed by a student prior to graduation.

  • Organizational Sanctions: Deactivation, loss of recognition, loss of some or all privileges (including registration) for a specified period of time.

  • Other Actions: In addition to or in place of the above sanctions, the Recipient may assign any other sanctions as deemed appropriate.

Examples of employee sanctions:

  • Warning – Verbal or Written

  • Performance Improvement Plan/Management Process

  • Enhanced supervision, observation, or review

  • Required Counseling

  • Required Training or Education

  • Probation

  • Denial of Pay Increase/Pay Grade

  • Loss of Oversight or Supervisory Responsibility

  • Demotion

  • Transfer

  • Reassignment

  • Delay of tenure track progress

  • Assignment to new supervisor

  • Restriction of stipends, research, and/or professional development resources

  • Suspension with pay

  • Suspension without pay

  • Termination

  • Other Actions: In addition to or in place of the above sanctions/responsive actions, the Recipient may assign any other responsive actions as deemed appropriate.


Long-term Remedies / Other Actions

Following the conclusion of the resolution process, and in addition to any sanctions implemented, the Title IX Coordinator may implement additional long-term remedies or actions with respect to the parties and/or the campus community that are intended to stop the harassment, discrimination, and/or retaliation, remedy the effects, and prevent reoccurrence.