Ohio Admin. Code 3337-4-09 - General policies affecting students

(A) Your first amendment rights and community responsibilities. The most effective and responsible way to air one's views on university matters, or to seek change within the university or community, is through student and university governing bodies, established campus media, and recognized groups. Students can seek out Athens city and county officials and governing bodies. Each of these bodies is subject to petition, and ordinarily have open meetings for discussion of public issues. So, also, administrative officials of the university and town are receptive to private and public complaints and proposals respectfully made. A university ombudsman is available to work on all problems involving university policies. All members of the community need to realize that certain types of large gatherings in the street and especially on the college green have in the past gotten out of control and can do so again. Controlling a large crowd is difficult, especially when persons who are on the sidelines are provoked into joining. It is important to remember the consequences of crowd assemblies and to anticipate the effects of acts which may be unacceptable or illegal in the community. Persons present at any public display which violates university policy can be deemad deemed, participants. At a time when protests or demonstrations become disruptive of any university process, bystanders will be expected to leave and will be subject to disciplinary measures and/or arrest if they do not. Any official curfew or restriction of access to any area announced by lawful town or university officials will be strictly enforced, and those who are moving about at times after these curfews or restrictions are made may be arrested. Violations of laws and university regulations will be met with disciplinary action, arrest, and/or removal from the university. Those who ""fail to comply with the orders of law enforcement officers and officials of the university acting in performance of their duties will be liable for university or civil prosecution. This duty to comply includes presenting proper identification on request or leaving buildings or areas when such officers deem it necessary in order to -protect the health, welfare, or safety of the university or members of the community. When students wish to organize a parade or demonstration, those arranging it should consult the university security office and city officials to ascertain whether or not their plans fall within legal limitations. They should also consult with the coordinator of student life programs on specific arrangements for use of any area or facility. These consultations should take place at least twenty-four hours before the event. Organizers shall see that every effort is made to assure that the event takes place in an orderly way, which will not interfere with the rights and privileges of others or with the orderly conduct of university affairs. The free flow of traffic, both pedestrian and vehicular, must be maintained at all times. No gathering will be allowed to take on the character of a riot. Should escalation in a protest or demonstration will be held responsible to university authorities. It cannot, be-overemphasized that the reputation of integrity of Ohio university can only be maintained through a climate of free inquiry. The university strongly supports the basic rights of all citizens to free assembly, speech and petition. Responsible exercise of these freedoms is incumbent on all members of the Ohio university community. Questions on first amendment rights should be referred to the director of university judiciaries.

(B) Administrative search and seizure policy. Ohio university, as a state institution of higher education, recognizes that there must be a balance drawn between its right to maintain an ordered educational environment and its students' constitutional right to privacy. In regard to its residence halls, Ohio university draws the balance through the use of an administrative search warrant policy. This policy is designed to maintain an ordered educational environment while protecting a student's right to privacy in his or her residence hall; and falls within the constitutional limits placed upon state action under the fourth and fourteenth amendments. The policy is further designed to reflect the principle of due process and fairness found in the constitution and criminal law; it complements the university's health and safety searches provided for in the residence hall contract, it complements searches authorized by a student's consent, and it reflects the university's concern for protection of the rights of all members of the academic community. To implement this policy, the following procedure will be complied with:

(1) All residence hall room searches, except those conducted by the university security police with a legally obtained search warrant, must be approved by the director of residence life or his or her designee.

(2) A room may be searched only if there is reasonable cause to believe that the student is using his or her room for a purpose in violation of federal, state, and local laws, or university regulations, "reasonable cause" being defined as facts and circumstances sufficiently strong to warrant a reasonable person to believe beyond mere suspicion that the room is being used for such a purpose.

(3) All room searches, other than those performed by university security police, will be carried out by the residence life staff. When the residence life staff feel such "reasonable cause" exists they will complete a search authorization form, specifying the applicant, date, room to be searched, occupant facts and circumstances constituting "reasonable cause," material to be seized, and names of two residence life staff members who will conduct the search. This authorization form will then be presented to the director of residence life or his or her designate for approval.

(4) If the director of residence life or his or her designate feels such "reasonable cause" does exist he or she will authorize in writing or by telephone an administrative search warrant form, specifying the room to be searched, its occupants, the material to be seized, and the residence life staff members authorized to conduct the search. This form will be given in duplicate to the residence life staff members authorized to conduct the search. If at any time, in the judgment of the residence life staff, the circumstances based upon the above statement of "reasonable cause" warrant immediate entry to the student's room, the green coordinator may approve the search warrant. After such an occurrence, the coordinator should contact the director of residence life, or his or her designate, as soon as possible. Such circumstances should be included in writing in the report filed in the office of residence life.

(5) In conducting a search the residence life staff members will attempt to have the occupant(s) of the room present. If present, the occupant(s) should be:

(a) given the reason for the search and material to be seized;

(b) presented a copy of the administrative search warrant; and

(c) informed that any material found may be used in a university judicial hearing, in a court of law or both. If the occupant(s) is not present, the search may be conducted with presentation of the administrative search warrant later.

(6) Should the search for specified material uncover other material indicating illegal activity or violation of university regulations it should also be seized.

(7) When the search is completed the residence life staff should complete a search inventory form, specifying the room search, name of occupants, residence life staff members authorized to search, and detailed explanation of material seized and ownership. This form should be forwarded to the director of residence life and all material confiscated secured by the residence life staff member authorized to search pending criminal prosecution and/or university judicial action.

(C) Alcoholic beverage policy. It is the policy of Ohio university to permit the possession and consumption of alcoholic beverages on campus if such possession and consumption are in accordance with the laws of the state of Ohio and the ordinances of the city of Athens. A brief review of these laws and ordinances is in order:

(1) No person who is under the age of eighteen may possess or consume alcoholic beverages of any kind;

(2) Persons who are at least eighteen years of age may possess and consume so-called low beer (containing not more than 3.2 per cent of alcoholic by weight);

(3) Persons who are twenty-one years of age or older may possess and consume any legal alcoholic beverage;

(4) No person may possess or consume from an open container of any alcoholic beverage in a public place or in sight of a public way (street, highway, sidewalk, etc.). Penalties for violating alcoholic beverage statutes are severe.

(D) Housing regulations. The following housing policy is commonly referred to as the "parietal rule". In essence, it requires that until they have earned ninety quarter hours of academic credit students must reside in university residence halls. Freshman status is defined as zero to forty-five hours of credit earned, and sophomore status is defined as forty-six to ninety hours of credit earned. A sophomore student who has fewer than ninety hours of credit at the conclusion of the spring quarter may petition to delay satisfaction of his or her housing status until the end of the summer in order to earn additional hours. For transfer and reenrolling students the number of hours earned will be subject to certification by the director of admission. For relocating students the number of hours earned will be subject to certification by the director of registration. Failure of a student to comply with this condition of registration is cause for denial or cancellation of registration. Exemptions, which must be requested in writing, are:

(1) A student enrolled for fewer than eight quarter hours during the fall, winter, or spring quarters and for fewer than three hours during summer session.

(2) A married student residing with his or her spouse within commuting distance of the university.

(3) A student residing with parents or guardian whose permanent residence is within commuting distance to the university,

(4) A sophomore student living in a recognized fraternity or sorority house.

(5) A student veteran of eighteen months or more active military service.

(E) Policy regarding illegal use of drugs. Ohio university is unequivocally opposed to the misuse of drugs, including marijuanas As a public institution, Ohio university has the responsibility of upholding federal, state and local laws regarding illegal use of drugs on campus. Students who choose to illegally possess or use drugs subject themselves to both arrest and prosecution, and university judicial action.

(F) Student complaints: academic and employment. The student complaint board reviews student grievances relating to academic and nonacademic matters, with the exception of disciplinary appeals. If a student has failed to satisfactorily resolve an academic grievance with the course instructor, department chairperson, college dean or other administrator, the board will hear the appeal and submit its recommendations to the appropriate parties. Any further appeal is made to the provost.

(G) Student dress and appearance policy. Members of the faculty or Ohio university staff shall not require students to adhere to any particular form of dress or appearance as a condition of admission to or membership in any class or university-sponsored activity unless the requirement has academic or other justifiable relevance to the particular course of study or activity or is made to insure the students safety. When a faculty member does find this necessary, these requirements are subject to the following conditions: A faculty or staff member may not set requirements of personal dress and appearance which violate civil law. Requirements regarding personal dress and appearance shall be published no later than the first meeting. Such requirements should be on file with the department chairman. When requirements of dress or appearance are made, they shall be such that they affect the student only during the particular class or activity in question, and time should be allowed within the class period for dressing.

(H) Student vehicle registration and parking. Any student, before driving and/or parking on university property, must register any motor vehicle owned by the student, a relative, friend, dealer or rental agency. Failure to register a motor vehicle or failure to park legally makes the violator subject to penalties as printed in violation notification citations. Student parking is avialable in university residence hall garages. Daytime parking in parking lots is restricted to students of junior, senior and graduate rank, commuters, and married students. Overnight parking on campus, except for renters of garage space, is not permitted without special permission. Motorcycles are not. permitted on university' property except in specially designated areas. Check with the security office for specific information. Parking permits for your guests can be obtained any time at the security office.

Notes

Ohio Admin. Code 3337-4-09

Effective: 3/14/2015
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15
Prior Effective Dates: 3/16/1978