2019-20 Student Handbook & Calendar
Smoking/Clean Air Policy Enforcement
- A student found smoking in an unauthorized area can be charged with violating 2(q)
of the APSU Code of Student Conduct which states: Violation of general rules and regulations.
Any violation of the general rules and regulations of the University published in
an official University publication, including the intentional failure to perform any
required action or the intentional performance of prohibited actions.
- Enforcement of this policy will be provided primarily by Public Safety with assistance from University officials.
- A student may be charged even if he/she puts the cigarette/cigar/pipe out — seeing the student smoking in an unauthorized area is sufficient.
- Students seen smoking in non-designated areas will be required to produce their APSU
Govs ID Card upon request.
- If student does not have the Card on their person, he/she will be asked for an alternative picture ID Student may be charged with 2(h) “Misuse of Austin Peay State University documents or identification. Any failure to carry the APSU ID card at all times or to show it upon proper request.”
- If the student refuses to produce their APSU Gov’s Card and/or another form of picture ID, then he/she may additionally be charged with 2(p) “Failure to cooperate with University officials. Failure to comply with directions of University officials in the performance of their duties.”
- A student on the APSU property without any identification may be detained by Campus Police and/or denied access to the campus.
- Students who are verbally abusive or threatening toward any person attempting to enforce the policy may be charged with additional violations such as 2(c) Harassment and/or 2(d) Disorderly Conduct.
- Public Safety will issue a citation to the student for violation of the policy. The citation will contain information regarding the possible penalties and disciplinary process.
- A campus official or student observing the violation should complete a Disciplinary Complaint Form in the Student Affairs office. This will result in a citation being issued to the student accused of violating the policy.
- Student may be cited for violation of the policy and fined as provided for in the Code under disciplinary sanction 2(n): “Fines. Penalties in the form of fines may be enforced against a student whenever the appropriate hearing officer(s) or hearing body deems necessary. The sanction of fines may be imposed in addition to other disciplinary sanctions. Failure to pay fines to the Business Office within two weeks of the decision will result in further disciplinary action.” If the student pays the fine, then there is an inherent assumption that the student is pleading guilty and the hearing officer, as the chief judicial officer, is imposing the sanction.
- There will be graduated fines automatically imposed for violation of the policy:
- First Offense: $25
- Second Offense: $50
- Third Offense or more: $100 and referral for Formal Disciplinary Charges
- A faculty or staff member found in violation of the policy will be subject to employee disciplinary procedures.
- Nonstudents violating the Smoking/Clean Air Policy may be charged with trespassing.
- Appeal Process
- Upon receipt of a citation, a student has three class days to submit a written appeal. Appeals submitted after three days will not be considered.
- The appeal form can be completed online.
- The issuing official will be afforded the opportunity to comment on appeals before being presented to the appeal authority.
- In addition to the Student Tribunal’s authority to adjudicate traffic and parking violations, the Student Tribunal also shall hear and decide all cases involving the appeal of smoking violation citations by students. The Tribunal will consist of a minimum of three members and decide by majority vote.
- The Tribunal will meet at a minimum every two weeks and report findings in writing to the student, the chief judicial officer and Student Account Services.