(A) Policy statement and purpose The Bowling
Green state university (BGSU) community is committed to fostering an
environment that is conducive to academic inquiry, a productive campus life and
thoughtful study and discourse. The student conduct and conflict resolution
fuction within the office of the dean of students is committed to an
educational and developmental process that balances the interests of individual
students, recognized student organizations, and student groups with the
interests of the university community. Within our learning community, we
endeavor to act on our core values:
(1)
Intellectual and personal growth;
(2) Creativity, innovation and
entrepreneurism;
(3)
Inclusion and belonging;
(4) Collaboration with each other and our
partners; and
(5) Excellence in all
we do.
A community exists on the basis of shared values and
principles. BGSU strives to ensure everyone feels
valued and respected and is committed to rights protected by the First
Amendment of the United States, including, the freedom of speech and
expression. At BGSU, students, recognized student organizations, and
student groups are expected to uphold and abide by certain standards of conduct
that form the basis of the code of student conduct. However, in no event shall the code be used to discipline a
student, recognized student organization, or student group for speech which is
protected by federal, state, and local law.
Each member of the BGSU community bears responsibility for
their conduct and to assume reasonable responsibility for the behavior of
others. When members of the community fail to exemplify these values by
engaging in violations of the rules set within this code of student conduct,
the proceedings outlined within are used to assert and uphold the code of
student conduct.
The student conduct process at BGSU is not intended to punish
students, recognized student organizations, or student groups; rather, it
exists to protect the interests of the community and to challenge those whose
behavior is not in accordance with our policies. This code of student conduct
is intended to ensure that students, recognized student organizations, and
student groups conduct themselves in accordance with the values of the
university by participating in an environment which respects differences of
sex, sexual orientation, gender identity, gender expression, race or color,
marital status, ethnicity, religion or creed, ancestry, genetic information,
pregnancy, national origin, disability, age, and veteran's status. Sanctions
are intended to challenge moral and ethical decision-making and to help bring
behavior into accord with community expectations. When a student, recognized
student organization, or student group should no longer share in the privilege
of participating in this community.
The student conduct process is quite different from criminal
and civil court proceedings. Procedures and rights in student conduct
procedures are conducted with fairness to all but are not an extension of, or
replacement for, the local, state, or federal legal system. Due process, as
defined within these procedures, assures written notice and an opportunity to
be heard before an objective decision-maker. No student, recognized student
organization, or student group will be found in violation of the code of
student conduct without information showing that it is more likely than not a
policy violation occurred.
Students, recognized student organizations, and student groups
are responsible for knowing the information, policies, and procedures outlined
in the code of student conduct. BGSU reserves the right to make changes to this
code of student conduct as necessary and once those changes are posted online,
they are in effect. Students, recognized student organizations, and student
groups are encouraged to check online for the updated versions of all policies
and procedures.
(B) Definitions
(1) The term "code" means the code of student
conduct.
(2) The term "student(s)"
means any person
who has a continuing educational
relationship with the university that lasts from the time they are
admitted to the university up through the date of graduation
, withdrawal, or dismissal. This term includes, but is
not limited to:
(a) Newly admitted student(s)
who have attended orientation;
(b)
Currently enrolled individual(s), including dual-enrolled student(s);
and/or
(c) An individual who has
been enrolled in classes within the prior two semesters (i.e., summer, fall, or
spring).
(3) The term
"recognized student organization" menas a group of people who are associated
with each other and who have registered with the university as a student
organization as outlined in rule
3341-2-36 of the Administrative
Code.
(4) The term "student group"
means a group of people who are associated with the university and each other,
but who have no registered, or are not required to register as a student
organization (e.g., athletic teams, spirit groups, military organizations,
honor societies, musical or theatrical ensembles, bands, and/or
clubs).
(5) The term "university
official" includes any person employed by the university and any person serving
the university in an official capacity.
(6) The term "member of the university
community" includes, but isn't limited to,
students, recognized student organizations,
university official, trustee, faculty, staff,
visitors, or any other person serving the university in an official
capacity. The dean of students or designee shall determine a person's status as
a member of the university community.
(7) For the purposes of the code, the term
"university premises" includes all land, buildings, facilities, and other
property in the possession of or owned, leased, used, controlled by, or
supervised by the university, whether in Bowling Green, Ohio, or
elsewhere.
(8) The terms "shall"
and "will" are used in the imperative sense.
(9) The term "may" is used in the permissive
sense.
(10) The term "day" means
business days (Monday through Friday) when the university is open, regardless
of whether classes are in session. In determining any deadlines as set forth in
the code, references to a number of "days" prior to or ofter occurrence of an
event shall not include the day of the event.
(11) The term "complainant" means any person
filing am incident report of alleged misconduct or otherwise bringing a
complaint to the attention of a university official charged with receiving,
investigating, and remedying a complaint.
(12) The term "respondent" means a student,
or recognized student organization against whom an incident report of alleged
misconduct has been filed under this code. When the respondent is a recognized
organization, the presiding officer or an appointed student affiliated with the
organization shall serve as the offical representative throughout the conduct
process.
(13) The term "health"
means physical and/or mental well-being.
(14) For the purposes of the code, the term
"residence hall" means any hall, house, or other living unit owned or leased by
the university for the purpose of providing student housing.
(15) The term "incident report" means any
allegation of misconduct submitted through
http://bgsu.edu/reportit. The
university also treats law enforcement agency reports and citations as incident
reports.
(16) The term "conduct
administrator" means an individual or entity authorized by the dean of students
or designee to facilitate the investigation and informal resolution process
involving alleged violations of the code.
(17) The term "decision-maker" means an
individual or entity authorized by the dean of students or designee to
facilitate the formal resolution process involving alleged violations of the
code.
(18) The term "preponderance
of the evidence" is the standard of proof for alleged violation(s) of the code.
A preponderance of the evidence means that, based on all the reliable, relevant
evidence and reasonable inferences from that evidence, the respondent is more
likely than not in violation of the code.
The term "not in good conduct standing" is defined as a
student, recognized student organization, or student group that is currently on
university conduct probation. This standing is to alert a student, recognized
student organization, or student group that their behavior(s) do not adhere to
the code of student conduct and any subsequent policy violation(s) will likely
result in suspension or expulsion. Recognized student organizations and student
groups may choose to limit a student's involvement or participation with as
well as benefits from (e.g., receiving awards, scholarships, or forms of
recognition) when a student is not in good conduct standing.
(19)
The term "not in
good conduct standing" is defined as a student, recognized student
organization, or student group that is currently on university conduct
probation. This standing is to alert a student, recognized student
organization, or student group that their behavior(s) do not adhere to the code
of student conduct and any subsequent policy violation(s) will likely result in
suspension or expulsion. Recognized student organizations and student groups
may choose to limit a student's involvement or participation with as well as
benefits from (e.g., receiving awards, scholarships, or forms of recognition)
when a student is not in good conduct standing.
(20)
The term
"attempt" is defined as conduct that, if successful, would constitute or result
in the prohibited conduct.
(21)
The term
"complicit" is defined as actions which encouraged and/or assisted another in
engaging in prohibited conduct.
(22)
The term "image"
means "photograph, film, videotape, digital recording, or other depiction or
portrayal of a person or persons."
(23)
As used in the
"Non-Title IX Sexual Misconduct" section of the code, "consent" and
"incapacitation" have the same meaning as used in university policy and rule
3341-2-41 of the Administrative Code: Title IX sexual harassment policy and
procedures.
(C)
Code authority Ultimate authority for student conduct is vested in the board of
trustees of the university. The board of trustees has delegated authority for
student conduct to the university's president. The dean of students is the
person designated by the president to be responsible for the administration of
the code. Conduct authority may be delegated to university officials and
committees as set forth in this code, in accordance with other university
policies, rules, or regulations, and as deemed appropriate by the dean of
students or designee.
(D)
Jurisdiction
(1) This code applies to the
conduct of students, recognized student organizations, and student groups that
occurs on or off university premises, including conduct
using university computing or network resources, which adversely affects
members of the university community and/or the pursuit of its objectives
including, but not limited to, creating a positive academic environment,
promoting responsible citizenship, and fostering an inclusive
community.
(2) This code applies to
a student's conduct if the student was considered a student, as defined in this
code, at the time for the alleged incident, even if the student withdraws from
the university while a conduct matter is pending. This code applies to
recognized student organization's conduct if the student organization was
registered with the university as a student organization at the time of the
alleged incident, even if the student organization surrenders or loses its
recognition while the conduct matter is pending.
(3) This code may be applied to behavior
conducted online, via email, or other electronic medium. Students, recognized
student organizations, and student groups should also be aware that online
postings such as blogs, web postings, chats, and social networking sites are in
the public sphere and are not private. These postings can subject a student,
recognized student organization, or student group to allegations of conduct
violations if evidence of policy violations is posted online.
(E) Violation of law and
university policy
An incident report may be filed against a student, recognized
student organization, or student group charged with a violation of a law that
is also a violation of this code if both violations result from the same
factual situation, independent of any pending criminal prosecution or civil
litigation. Proceedings under the code may be carried out prior to,
simultaneously with, or following criminal prosecution or civil
litigation.
(F) Intersection
with Title IX sexual harassment and policy and procedures
(1) The Title IX sexual harassment and policy
and procedures, rule
3341-2-41 of the Administrative
Code, has certain jurisdictional limitations. An allegation of prohibited
conduct as defined under that policy that is outside the scope of that policy's
jurisdiction, but within the jurisdiction of the university under the code,
will be treated as an allegation of prohibited conduct under this
code.
(2) A matter may be referred
for jurisdictional reasons from the Title IX process to the code process at any
time or may originate in the office of the dean of students and will be
considered non-Title IX sexual misconduct. Interim measures under this code may
be applied as warranted. The code process for a referred matter is set forth in
this code. The dean of students (or designee) will review each referred matter
to determine if additional incident reporting, conduct meetings, or
investigation are needed.
(3) If
the respondent disputes an allegation of prohibited conduct under this code,
the case will proceed in accordance with the hearing procedures set forth in
the code. The appeal process will follow in accordance with the code.
(G) Prohibited conduct
Any student, recognized student organization, or student group
found to have committed, attempted, or were complicit
in one or more of the following acts of prohibited conduct will be
subject to sanctions. The standard of proof in determining whether a student or
recognized student organization has violated the code is the preponderance of
the evidence.
(1) Offenses against the
university community
(a) Acts of dishonesty
including, but not limited to:
(i) Furnishing
or submitting false information to the university
or any university official including making a false
accusation of misconduct or knowingly reporting a false
emergency.
(ii) Furnishing or
possessing or selling false, falsified, or forged
materials, documents, accounts, records, identifications, or financial instruments.
(iii) Tampering with the election of any
recognized student organizations or student group.
(iv) Unauthorized use of university,
recognized student organization, or student group funds.
(b) Violation(s) of the university's
community living standards and/or residential living agreement.
(c) Violation(s) of other published
university policies, rules, or regulations. Such policies, rules, or
regulations include, but are not limited to: parking and traffic regulations,
policies concerning recognized student organizations and other published
policies.
(d) Faculty have the
right to control the classroom environment and to permit or deny permission to
do electronic video or audio recording at their discretion. Unless otherwise
expressly permitted by the instructor, permission to record a class applies
exclusively to the student who received permission from the instructor. The
recording may not be accessed or utilized by any other individual. No
replication of the recording may be made without the instructor's expressed
permission.
(2) Offenses
against persons
(a) Harm to others -
intentionally or recklessly causing physical harm or endangering the health or
safety of any person.
(b)
Threatening behaviors - conduct or actions that causes a reasonable expectation
of injury to the health or safety of any person,
or damage toanother's property, or
that
intimidates another
person which,
through implied threats or acts, causes a reasonable
fear of harm in another. To determine whether a
"reasonable fear of harm" exists, one must examine the totality of the
circumstances including whether the student, recognized student organization,
or student group was alleged to have engaged in conduct designed to incite
violence, or directed their actions towards a specific
individual(s).
(c) Unwanted
conduct - unwelcome conduct (including written or electronic communication)
that is so severe, pervasive, and objectively offensive that it substantially
interferes with the ability of a person to work, learn, live or participate in,
or benefit from the services, activities, or privileges provided by the
university.
(d) Discrimination or
harassment - see rule 3341-5-51 of the Administrative Code: non-discrimination
in employment and education which prohibits:
(i) Adverse education action taken under
university authority against a person based upon that person's protected
class.
(ii) Unwelcome verbal,
nonverbal, or physical conduct directed toward a person that is based on the
person's protected class.
(e) Unauthorized recording or monitoring -
using electronic or other means to watch or monitor, and/or to make a video,
audio, or photographic record of any person in a location where there is a
reasonable expectation of privacy without the person's prior knowledge or
permission in each instance when such a recording is likely to cause injury,
distress, or damage to reputation. The storing, sharing, and/or distributing of
such unauthorized records by any means is also prohibited.
(f)
Unauthorized
distribution of personal information (doxing) - using any means to publish or
distribute personal or private information of a person, without their consent,
to harass that person, threaten their physical safety, or encourage antoher to
do so.
(g) Hazing
- see university policy and rule of the Administrative
Code 3341-2-49: anti-hazing policy.
(i)
Hazing means doing any of the following or pressuring, causing, forcing,
soliciting, or coercing any person to do any of the following, for the purpose
of initiating, admitting, or affiliating an individual into or with a student
group or student organization; continuing, reinstating, or enhancing an
individual's membership or status in a student group or student organization;
or perpetuating or furthering a tradition or ritual of a student group or
student organization:
(a) Engage in any
conduct prohibited by federal, state and/or municipal criminal law, regardless
of whether an arrest is made, or criminal charges are brought;
(b) Take into their body any food, liquid
(including alcohol), drug, or other substance that subjects the person to a
substantial risk of mental or physical harm; and /or
(c) Cause or create a substantial risk of
causing mental or physical harm to another and/or engage in any act or omission
that contributes to the death of another.
(ii) See rule
3341-2-49 of the Administrative
Code for reporting obligations and options, investigation procedures,
corrective action, and zero tolerance sanctions.
(iii) Per rule
3341-2-49 of the Administrative
Code, the following acts constitute prohibited conduct:
(a) Purposefully, knowingly, recklessly, or
negligently hazing any person.
(b)
Involvement in the planning of hazing and/or being present during
hazing.
(c) Failing to intervene to
prevent or stop hazing if the individual has knowledge of a planned hazing
activity.
(d) Failing to assist or
seek assistance for if the individual knows or reasonably should know that
another is in danger from effects of hazing.
(e) Knowingly making a false accusation of
hazing.
(f) Failing to report any
information about past, current, or planned hazing.
(g) Failing to cooperate in an investigation
of hazing.
(h) Retaliating against
or taking adverse action towards any reporting party and/or person
participating in a hazing investigation orconduct
proceeding.
(h) Retaliation - A student, recognized
student organization, or student group shall not take any adverse action
against any person who files an incident report, brings forward a complaint or
concern, serves as a witness, assists, or participates in any investigation or
in any university proceeding.
(i)
Non-Title IX sexual misconduct- All complaints or
reports of sexual harassment, sexual assault, stalking, dating violence, and
domestic violence by or on behalf of students, recognized student
organizations, and student groups will initially be referred to the
university's Title IX coordinator or designee for review and determination of
whether the allegation is covered by rule
3341-2-41 of the Administrative
Code. If the alleged sexual misconduct is not within the definitions or
jurisdictional elements of the university's Title IX sexual harassment policy
and procedures, such alleged misconduct will be referred to as "Non-Title IX
sexual misconduct." The procedures for Non-Title IX sexual misconduct are set
forth in this code.
Non-Title IX sexual misconduct may
refer to definitions within the university's Title IX sexual harassment policy
and procedures, but are not subject to that policy's jurisdictional
limitations. Non-Title IX sexual misconduct, as prohibited by the code,
includes:
(i) Sexual assault - see
as defined in rule
3341-2-41 of the Administrative
Code: Title IX sexual harassment and policy and procedures.
(ii) Sexual harassment - see
as defined in rule
3341-2-41 of the Administrative
Code: Title IX sexual harassment and policy and procedures.
(iii) Stalking - see
as defined in rule
3341-2-41 of the Administrative
Code: Title IX sexual harassment and policy and procedures.
(iv) Dating violence -
as defined in rule
3341-2-41 of the Administrative
Code: Title IX sexual harassment and policy and procedures.
(v) Domestic violence -
as defined in rule
3341-2-41 of the Administrative
Code: Title IX sexual harassment and policy and procedures.
(vi) Retaliation - see
as defined in rule
3341-2-41 of the Administrative
Code: Title IX sexual harassment and policy and procedures.
(vii) Violation of mutual restrictions on
contact between parties - see
as defined in rule
3341-2-41 of the Administrative
Code: Title IX sexual harassment and policy and procedures.
(viii) Sexual misconduct - sexual misconduct
may also include
: any intentional touching of a
sexual nature or attempted touching of a sexual nature without consent that is
not prohibited by the Title IX sexual harassment and policy and procedures;
touching for the purposes of sexual gratification in areas of the body that
does not include breasts, buttocks, groin, or genitals; sexual exploitation
(such as voyeurism, peeping, forwarding of pornographic or other sexually
inappropriate material to non- consenting persons, non-consensual recording of
sexual activity, or any activity that goes beyond the boundaries of consent);
lewd or obscene sexual behavior (such as public masturbation, engaging in
sexually explicit activity in public spaces including online, or exposure of
oneself without another's consent). For purposes of this section, "consent" has
the meaning as in rule 3341-2-41 of the Administrative Code: Title IX sexual
harassment and policy and procedures.
(a)
Any intentional or attempted touching of a sexual
nature without consent that is not prohibited by the Title IX sexual harassment
and policy and procedures;
(b)
Touching for the
purposes of sexual gratification in areas of the body that is not limited to
breasts, buttocks, groin, or genitals;
(c)
Sexual
exploitation (such as, but not limited to voyeurism (whether in-person, from a
hidden location, or through electronic means); peeping; causing the
incapacitation of another for the purpose of compromising the person's ability
to consent to sexual activity; recording, photographing, or disseminating
pornographic or other private and/or sexual images or materials of another
person without their consent; forwarding or disseminating pornographic or other
private and/or sexual images to another person without their consent; demanding
financial compensation, sexual activity, or another benefit under threat of
disseminating pornographic or other private and/or sexual images of another; or
any activity that goes beyond the boundaries of consent);
(d)
Lewd or obscene
sexual behavior, with or without the intent of sexual gratification, (such as
public masturbation, engaging in sexually explicit activity in public spaces
including online, exposure of oneself without another's consent, or engaging in
sexually explicit pranks). For purposes of this paragraph, "consent" has the
meaning as in university policy 3341-2-41 and rule of the Administrative Code:
Title IX sexual harassment and policy and procedures; and
(e)
intentionally or
knowingly exposing another person to a sexually transmitted infection without
the other's knowledge.
(3) Offenses against property
(a) Attempted or actual theft or possession
of stolen property, whether knowingly or should have reasonably knownof property or services of the university or
another.
(b)
Possession of stolen property, whether the person knew
or reasonably should have known the property was stolen/belonged to
another
(b)(c) Attempted or
actual damage or vandalism to property. Intentional,
reckless, or negligent conduct that results in damage of property of the
university or another (including defacing property or
vandalism).
(c)(d)
Unauthorized possession, duplication, or use of keys and other entry codes or
devices to any premises.
(e)
Unauthorized moving or improperly tampering with the
property of the university, or member of the university
community.
(d)(f)
Unauthorized presence in or unathorized use of property, resources, or
facilities.
(e)
(g) Theft or other
abuse of computer facilities, accounts, or resources including, but not limited
to:
(i) Unauthorized entry into a file or
university system to use, read, or change the contents, or for any other
purpose.
(ii) Unauthorized transfer
of or tampering with a file.
(iii)
Use of another individual's identification and/or university
credentials.
(iv) Use of computing
facilities, accounts, or resources to interfere with the work of
others.
(v) Use of computing
facilities, accounts, or resources to send obscene or abusive
messages.
(vi) Use of computing
facilities, accounts, or e-mail to send unsolicited or unauthorized messages
with the intention of reaching a mass of users.
(vii) Use of computing facilities, accounts,
or resources to interfere with normal operation of the university computing
system.
(viii) Use of computing
facilities, accounts, or resources in violation of copyright laws.
(ix) Any violation of the university's
information technology policies.
(f)(h) Littering.
(4) Offenses disrupting order or disregarding
health and safety
(a) Drugs
(i) Use and/or possession of controlled
substances including prohibited cannabis or substances derived from prohibited
cannabis, except as expressly permitted by law. Note, while Ohio has legalized
both medical and recreational marijuana, the use, possession, and/or storage of
medical or recreational marijuana is strictly prohibited on university premises
and at university sponsored events and activities because marijuana remains
illegal under federal law.
(ii) Use
and/or possession of drug-related paraphernalia except as expressly permitted
by law.
(iii) The abuse, misuse,
sale, or distribution of prescription drugs.
(iv) Sell, distribute, furnish, manufacture,
cultivate and/or offer for sale of any controlled substance or drug, except as
expressly permitted by law.
(v)
Intentionally or recklessly inhaling or ingesting substances (e.g., nitrous
oxide, glue, paint, etc.) that will alter a person's state of mind.
(vi) Misconduct under the influence of drugs
including, but not limited to, operating a vehicle under the influence of drugs
or disorderly conduct due to the influence of drugs.
(b) Alcohol
(i) Use and/or possession of alcoholic
beverages except as expressly permitted by law and university policy. This
includes, but is not limited to, the underage possession or consumption of
alcohol.
(ii) Sell, distribute,
furnish, produce and/or offer for sale except as expressly permitted by
law.
(iii) Misconduct under the
influence of alcohol including, but not limited to, operating a vehicle under
the influence, disorderly conduct due to intoxication, or public
intoxication.
(iv) Failure of a
recognized student organization or student group to take all necessary steps to
ensure that no person under the legal drinking age possesses alcoholic
beverages at functions it sponsors or within any property or transportation it
owns, operates, and/or rents.
(v)
Providing a location for any individual to use or possess alcoholic beverages
not expressly permitted by law or university policy.
(c) Weapons
(i) Possession, storage, or use of weapons
including but not limited to firearms, compressed air-guns, pellet guns, etc.
on university premises except as expressly permitted by law and university
policy.
(ii) Possession, storage,
or use of dangerous materials including but not limited to fireworks,
explosives, or chemicals which are corrosive or explosive on university
premises except as expressly permitted by law and university policy.
(iii) Use of any other object not already
mentioned used to intimidate, threaten, harm, and/or provide force can be
considered a weapon under this provision.
(d) Fire safety
(i) Failing to properly evacuate during a
fire alarm.
(ii) Falsely reporting
a fire-related emergency.
(iii)
Tampering with or improperly engaging a fire alarm, smoke detector, or
sprinkler system.
(iv) Improper use
or possession of fire safety equipment.
(v) Intentionally or recklessly causing a
fire, regardless of whether it damages property, or causes injury to
another.
(e)
Gambling-illegal gambling or wagering.
(f) Disruptive behavior
(i) Disrupting and/or interfering with
university operations including, but not limited to, obstruction of teaching,
research, and/or administrative activities.
(ii) Causing, inciting, or participating in
any conduct that unnecessarily disturbs others or disrupts local municipalities
including, but not limited to, participating in or inciting a riot.
(iii) Creating a health and/or safety hazard,
including but not limited to, dangerous pranks, hanging out of or climbing
from/on/in windows, balconies, roofs, etc., violating federal, state, local, or
university public health and/or safety requirements, or exceeding the maximum
occupancy of a structure.
(iv)
Failure to comply with lawful orders of university officials or law enforcement
officers acting within the scope of their job duties, including but not limited
to, failure to identify oneself to these persons when requested to do
so.
(v) An act, which deliberately
interferes with the freedom of speech of any member or guest of the university
community.
(vi) Public urination or
defecation in a place that is not intended for use as a restroom.
(g)
Harm
to animals - intentional physical harm or threats of harm to animals, including
but not limited to companion animals, service animals, or emotional support
animals. Lawful hunting and fishing is not prohibited by the code. The care and
use of animals involved in research activities is governed by the institutional
animal care and use committee and not the code.
(5) Noncompliance with the conduct process
This includes, but is not limited to:
(a) Failing to obey the directives of a
university official, conduct administrator, or decision-maker. (e.g., failure
to appear at a conduct meeting or hearing or to comply with interim actions or
sanctions imposed on under the code).
(b) Falsifying, distorting, intentionally
omitting, or misrepresenting information at a university proceeding, including
but not limited to, a conduct or investigatory meeting or hearing, or knowingly
initiating a false statement or complaint.
(c) Discouraging or attempting to discourage
a person's proper participation in, or use of, the conduct process whether in
person or via a digital platform such as e-mail or social media.
(d) Harassing and/or intimidating a
university official, conduct administrator or member of a conduct
committee.
(e) Harassing and/or
intimidating any person participating in an investigation or disciplinary
conduct proceeding.
(f) Intentionally delaying a conduct
investigation, meeting, or hearing.
(g) Destroying or concealing information of
an alleged policy violation.
(h)
Influencing or attempting to influence another person to commit a violation of
the conduct process.
(6)
Shared responsibility for infractions
(a) Any
action or inaction that contributes to a violation of university policies,
including but not limited to, planning, causing, facilitating, or aiding the
violation, whether present during the violation or not.
(b) Students, recognized student
organizations, and student groups may be held responsible for the conduct of
their guests while on university premises, at university-sponsored or
supervised activities, and at functions sponsored by any recognized student
organization or student group when the student or
members of the recognized student organizations had knowledge of, facilitated,
or contributed to the guests' misconduct.
(7) Violation of state, federal, or local
laws - any act or omission that constitutes a violation of federal, state, or
local laws, which is not otherwise covered in this code.
(H) Organizational and group responsibility
(1) An incident report may be filed against a
recognized student organization or student group under the code. A recognized
student organization, a student group, and individual students may be held
collectively and individually responsible for violations of the code, as well
as for violations of the code conducted by those associated with the recognized
student organization or student group, which includes guests and alumni. When
an incident report is filed naming a recognized student organization as
respondent, the presiding officer and/or students affiliated with the
organization shall be required to participate in meetings and hearings as
representatives.
(2) The following
factors may be considered to determine if an activity or event is affiliated
with a recognized student organization or student group:
(a) Multiple members, alumni, or authorized
representatives were present during the activity or event.
(b) The purpose of the activity or event was
related to initiating, admitting, or affiliating an individual into or with a
recognized student organization or student group; continuing, reinstating, or
enhancing an individual's membership or status in a recognized student
organization or student group; or perpetuating or furthering a tradition or
ritual of a recognized student organization or student group.
(c) The activity or event was paid for by the
recognized student organization or student group, paid for by personal funds
collected from one or more members of the recognized student organization or
student group, or paid for by funds collected from one or more guest(s) of the
activity or event.
(d) The activity
or event occurred on property owned, controlled, rented, leased, or used by the
recognized student organization or student group as well as any person
affiliated with the recognized student organization or student group.
(e) A reasonable person would associate the
activity or event with the recognized student organization or student group
based upon advertisement or communication concerning the activity or
event.
(f) One or more officers or
leaders of the recognized student organization or student group helped plan or
execute the activity or event.
(I) Conduct in residential facilities
Members of the university's residential community are
responsible for their own actions as well as for the actions of their guest(s).
Showing consideration for others and respect of university and personal
property are the basic foundations of community living. At times, it may be
necessary for the university to hold community members responsible for their
actions that violate university policies. Any resident who violates a
university policy, including the community living standards, may be held
accountable via this code.
(J) Interim measures
When the dean of students or designee has reasonable cause to
believe that a student, recognized student organization may pose a risk to the
safety or well-being of those involved or others in the university community,
the student, recognized student organization may be issued an interim
measure.The dean of students or designee may impose
interim measures when they have reasonable cause to believe the student or
recognized student organization poses a threat to the safety and/or well-being
of others or if significant disruption to normal operations of the university
may occur; and/or when otherwise provied by law.
(1) Imposition of interim measures Interim measures may be
imposed only:
(a) If the student or recognized student organization poses a
threat to the safety and/or well-being of others or if significant disruption
to normal operations of the university may occur; and/or
(b) When otherwise provided by law.
(2)
(1) Interim actions
(a) Interim actions may be implemented by a
conduct administrator or designee and include, but are not limited to: no
contact directives(s); restriction from specific classes, campus facilities,
activities, or locations; change of housing assignment; restrictions from
entering certain institutional property; requirement to secure a psychological
or other relevant evaluation; cease and desist
mandates; restriction from facilitating or participating in designated campus
activities; other measures designed to promote the safety or well-being of the
parties and BGSU community, etc.
(b) An interim action shall remain in effect
until removed or altered by the dean of students or designee or as the result
of the student conduct process. With the exception of "No Contact" directives
implemented by the office of the dean of students, students or recognized
student organizations may challenge an interim action in writing to the dean of
students or designee within three days of the imposition of the interim action.
Failure to comply with an interim action may result in a referral to the office
of the dean of students and/or the BGSU police department or additional interim
actions including interim suspension.
(3)
(2) Interim suspension
(a) A conduct administrator or designee may
impose or modify a university suspension and/or residence hall removal for a
student or recognized student organization at any point during the conduct
process. An interim suspension or residence hall removal takes effect
immediately upon notice being sent.
(b) During an interim suspension, a student
or recognized student organization may be denied access to a living unit and/or
to the campus, including classes, and/or all other university activities or
privileges for which the student or recognized student organization might
otherwise be eligible. A recognized student organization shall discontinue all
activities during an interim suspension.
(c) A student or recognized student
organization will receive written notice of the interim suspension, including a
description of the alleged misconduct.
(d) The student or recognized student
organization may within three days of the imposition of the interim suspension,
petition the dean of students or designee for reinstatement.
(e) The petition must be in writing and must
include supporting documentation or evidence that the student or recognized
student organization does not pose, or no longer poses, a significant risk of
substantial harm to the health or safety of others or property.
(f) The written petition and the supporting
documentation or evidence will be reviewed by the dean of students or
designee.
(g) The dean of students
or designee may choose to meet with the student or recognized student
organization before deciding on reinstatement.
(h) The decision of the dean of students or
designee is final.
(K) Filing an incident report
(1) Any person may file an incident report
against a student, recognized student organization, or student group alleging
violation(s) of this code. An incident report shall be made in writing and
directed to the office of the dean of students or designated office. Though
anonymous complaints are permitted, doing so may limit the university's ability
to investigate and respond to a complaint. Those who are aware of misconduct
are encouraged to report it as quickly as possible to the office of the dean of
students and/or to the BGSU police department.
(2) There is no time limit on reporting
violations of the code; however, the more time that has elapsed before
submitting an incident report, the more challenging it becomes for university
officials to obtain information and witness statements and to make
determinations regarding alleged violations.
(3) A complainant may be asked to participate
in the conduct meeting or hearing as a witness and to present relevant
information.
(4) After receiving an
incident report, a conduct administrator will conduct a preliminary inquiry
into the nature of the incident report, jurisdiction, and information
available. The conduct administrator may determine that there is insufficient
information to pursue an investigation, that the behavior alleged, even if
proven, would not violate the code, or may initiate an investigation to
determine if the incident report has merit and if it can be resolved by mutual
consent of the persons involved on a basis acceptable to the conduct
administrator. Such resolution shall be final and there shall be no subsequent
proceedings. If a conduct administrator determines the incident report has
merit and cannot be resolved by mutual consent, the conduct administrator may
participate in any subsequent conduct meeting or hearing to resolve the
incident report.
(5) The dean of
students or designee reserves the right to refer any incident report to any
individual, entity or committee other than a conduct administrator,
decision-maker, or the Title IX and sexual misconduct board.
(6) If a respondent fails to keep a meeting
with the conduct administrator, a hold may be placed on the student's
registration account and/or on the conferring of a degree, and a decision
regarding appropriate charges, responsibility and/or sanctions may still be
made.
(L) Communication
BGSU email is the official means of communication with
students regarding student conduct matters and
constitutes written notice. Students are responsible for all
communication delivered to their BGSU email address per university policy and
rule 3341-6-43 of the Administrative
Code. When the respondent is a recognized student organization or student
group, the presiding officer or an appointed student affiliated with the
organization or group will serve as the point of contact for communication
concerning the conduct process.
BGSU may seek to deliver written notice
via regular U.S. mail, or a recognized mail carrier, to an address provided to
the university by the student, if the university determines that the notice was
not otherwise deliverable using the BGSU email. The student will be deemed to
have received the notice three days after the communication was provided to the
mail carrier.
(M)
Investigation
(1) Respondents will have the
opportunity to meet with a conduct administrator to discuss the incident
report. During the investigation meeting, the respondent will:
(a) Review the incident report and other
relevant information.
(b) Be
afforded the opportunity to be accompanied by one advisor of their choosing and
at their expense. Respondent may, at no cost, request an advisor from the
university's office of the dean of students. Advisors are not allowed to speak
or participate in the conduct process. Meetings will not be scheduled around
the availability of an advisor. Advisors may not appear in lieu of the
respondent. An attorney can be used as an advisor but is subject to the
aforementioned stipulations.
(c)
Have an opportunity to respond to the incident report and to present relevant
information and/or witnesses. Witnesses are not character references and must
have relevant information concerning the alleged policy violation(s).
(2) Based on the information
gathered during the investigation including statements from the respondent, a
determination will be made by the conduct administrator whether the information
presented warrants a charge of an alleged violation(s) of the code, using the
preponderance of the evidence standard of proof.
(3) Respondents will be provided up to two
days to choose between the informal and formal resolution options. Should the
respondent fail to decide, the case may be resolved without the input from the
respondent.
(N) Informal
resolution
(1) The respondent will receive,
via electronic mail to the respondent's BGSU email address, written notice that
a complaint has been received prior to the conduct meeting.
(2) Respondents not disputing alleged policy
violation(s) may choose the informal process for resolution of one or more
violations of the code.
(3) The
respondent will have the opportunity to discuss sanctions with a conduct
administrator.
(4) A final
determination of sanctions will be provided in writing to the respondent
through email.
(5) As permitted by
the Family Educational Rights and Privacy Act (FERPA), victims of crimes of
violence will be notified of the resolution and the sanctions.
(6) Guidelines for the implementation of
sanction(s) are outlined in the sanctions section of this code.
(O) Formal
resolution-administrative hearing
(1)
Respondents disputing the alleged policy violation(s) are entitled to a formal
administrative hearing before a decision-maker.
(2) Procedures for an administrative hearing
(a) The respondent will receive written
notice via electronic mail of the hearing date at least three days prior to the
hearing.
(b) By a date specified
that is communicated via electronic mail by the decision-maker, the respondent
and conduct administrator may submit materials for the hearing packet, which
may include a list of witnesses for the hearing, a summary of the information
each witness is expected to provide, advisor contact information, and any
relevant documents, incident reports, or statements the respondent and conduct
administrator expect to present at the hearing. In advance of the hearing, the
decision- maker will provide the final hearing packet, which will include all
relevant documents, reports, or statements pertaining to the investigation
submitted by the respondent and conduct administrator that were determined by
the decision-maker to be relevant to the hearing.. Materials not included in
the hearing packet cannot be introduced at the hearing.
(c) Prior to the hearing, a respondent may
challenge the decision-maker on the grounds of a conflict of interest that
might affect impartial consideration of the finding. The decision-maker will
set a deadline for the respondent to submit a concern regarding a conflict of
interest in advance of the hearing. The dean of students or designee will
review any submissions and make a final determination if a different
decision-maker will be assigned. This final determination will be provided to
the respondent in writing via electronic mail.
(d) The respondent may be accompanied by one
advisor of their choosing and at their expense. Advisors are not permitted to
speak or participate in a hearing. Hearings will not be scheduled around the
availability of an advisor. The respondent must include their advisor's name,
telephone number, and email address as part of their hearing packet materials.
Advisors may not appear in lieu of the respondent; however, an advisor may
consult with the respondent during a hearing and may assist with preparation
for the hearing. An attorney may serve as an advisor but is subject to the
aforementioned stipulations. Should an advisor not be able to attend the
hearing date, the hearing will still proceed.
(e) Admission to the hearing of persons other
than the parties involved (i.e., respondent, conduct administrator, will be at
the discretion of the decision-maker. Hearings will be closed to the
public.
(f) For incidents involving
more than one respondent, the decision-maker will determine whether there will
be one hearing or separate hearings for each respondent. In joint hearings,
separate determinations of responsibility will be made for each
respondent.
(g) In rare instances,
the university may decide to formally present a code case using legal counsel.
In such cases, the respondent will be given adequate notice in order to seek
the assistance of legal counsel, if so desired. In these instances, a staff
member from the office of general counsel or their designee will serve as the
conduct administrator.
(h) The
respondent is strongly encouraged to attend and participate in the hearing;
however, the respondent may choose to remain silent. If a respondent fails to
appear for a hearing, the hearing may proceed without the respondent's
presence. Although no inference shall be drawn against a respondent for failing
to attend a hearing or remaining silent, the hearing may proceed, and the
conclusion will be based on the evidence presented.
(i) The respondent may request alternative
accommodations in lieu of being physically present at the hearing (i.e., a
respondent may request to participate via a virtual platform).
(j) There will be a single verbatim record,
such as an audio recording, for all formal hearings. Deliberations will not be
recorded. The record will be the property of the university and maintained
according to the record retention policy of this code.
(k) During an administrative hearing, the
decision-maker will exercise control over the proceedings. The decision maker
is permitted to ask questions. If any person is disruptive, they may be
required to leave the hearing.
(l)
During an administrative hearing, the decision-maker will determine whether
information is relevant. Information will be considered relevant if it directly
relates to the facts of the alleged violation(s) or appropriateness of a
particular sanction. Formal rules of evidence (e.g., federal and state rules of
evidence) shall not apply.
(m) The
conduct administrator will be the first person to present information regarding
the investigation during the hearing.
(n) The decision-maker will have an
opportunity to ask questions to the conduct administrator pertaining to the
investigation and/or alleged policy violation(s). The respondent will also have
an opportunity to ask questions to the conduct administrator pertaining to the
investigation and/or alleged policy violation(s).
(o) The second person who may present
information during the hearing, is the respondent. The respondent may verbally
respond to the charges.
(p) The
respondent, conduct administrator, and decision-maker may ask questions. The
decision-maker, at their discretion, may have questions from the respondent and
conduct administrator directed through them versus allowing questions to be
directly addressed to an individual.
(q) The decision-maker may disallow any
question that seeks information that is not relevant or may rephrase the
question to limit it to relevant information.
(r) Witnesses (other than the respondent and
the conduct administrator) will be excluded from the hearing until it is their
designated time to answer questions.
(s) The respondent and conduct administrator
will be given a final opportunity to ask concluding questions of one
other.
(t) The decision-maker will
have a final opportunity to ask questions to the conduct administrator and the
respondent pertaining to the investigation and/or alleged policy
violation(s).
(u) The respondent
will be given an opportunity to make a concluding statement pertaining to the
facts of the case. Concluding statements are limited to no more than five
minutes. The hearing will end after the concluding statement from the
respondent.
(v) The decision-maker
will consider the allegation(s) of prohibited conduct to determine if there was
sufficient information by a preponderance of the evidence for a finding of
responsibility for a code violation(s) and will make the final determination of
responsibility regarding the charge(s) and will determine all
sanctions.
(w) Prior conduct
history will be considered for sanction purposes only.
(3) Hearing outcome and sanctions
(a) The respondent will have the opportunity
to submit impact mitigation statements prior to the hearing. If the
decision-maker finds the respondent to be responsible for prohibited conduct
under the code, the decision- maker will review any impact or mitigation
statements and will determine appropriate sanctions. The sanctioning process is
to end the prohibited conduct, protect the best interests of the BGSU
community, and promote the goals and objectives of this policy in a manner that
supports the university's educational mission. Sanctions may also be designed
to promote safety, deter similar behavior, and promote university
values.
(b) The decision-maker will
provide a written notice via electronic mail of the outcome of the hearing
including a rationale for the finding, and any appeal rights to the
respondent.
(c) As permitted by
FERPA or other applicable laws, victims of crimes of violence will be notified
of the resolution and the sanctions.
(d) Guidelines for the implementation of
sanction(s) are outlined in the sanctions section of this code.
(4) Administrative review
Respondents disputing the alleged policy violation(s) of only
the community living standards and/or residential living agreement are only
entitled to an administrative review. An administrative review consists of the
respondent submitting a written response. The written response must include the
reasons that the student is contesting the alleged policy violation and provide
additional information regarding the incident that they want considered, which
can include names and statements of witnesses who have relevant information
specific to the alleged violation. The administrative review officer, who is a
designee of the dean of students, will examine the case, perform additional
investigation if necessary, and render a finding regarding responsibility for
the alleged violation(s) of the community living standards and/or residential
living agreement and assign sanctions, if appropriate. If the respondent
requests an administrative review but does not submit any additional
information, the administrative review officer will examine the case notes and
proceed with rendering a finding regarding responsibility for the alleged
violation(s) of the community living standards and/or residential living
agreement and assign sanctions, if appropriate.
(P) Amnesty Student health and safety as well
as removing barriers that might prevent the reporting of conduct that endangers
people or property are substantial university interests. Per rule
3341-2-43 of the Administrative
Code, at the university's discretion of the conduct administrator, amnesty may
be extended on a case-by-case basis for minor violations of the code of student
conduct (e.g., possession or use of alcohol or drugs) when seeking or obtaining
medical assistance for self or others, as well as when reporting alleged
incidents that endanger persons or property.
(Q) Alternative resolution program
This program allows students on a
case-by-case basis to resolve first-time incidents for minor violations of the
code by completing educational interventions that encourage students to reflect
on their decision-making, values, personal responsibility and community impact
without incurring a conduct record.
(1) This program allows students on a case-by-case basis to
resolve first-time incidents for minor violations of the code through
educational interventions that address the personal and social responsibility
related to the behavior without incurring a disciplinary record.
(2)(1) Educational interventions assigned to
students participating in this program may include, but are not limited to,
classes, community service, presentations, workshops, and/or written
assignments. In situations involving alcohol and/or prohibited cannabis,
parental/legal guardian notification may occur.
(3)(2) Participation in the program is at the
discretion of the conduct administrator, and students must complete all
educational interventions by the assigned deadline(s)
(4)(3) Students who fail to successfully
satisfy all terms and conditions of this program shall may be referred for adjudication ofto the conduct resolution process for the original
incident via the code.
(R)
Restorative
circle process Restorative circles are facilitated by a conduct administrator
and allows students. and those negatively impacted by the student's conduct. to
engage in a facilitated dialogue to address conduct incidents and the impact
the student's actions had on the impacted parties. During the restorative
circle, an agreement is created to address the needs of the individual(s)
negatively impacted. The conduct administrator will be responsible for
documenting the agreement.
The dean of students or designee may
determine that the restorative circle process will effectively address
incidents for minor violations of the code where the student takes
responsibility for negatively impacting one or more members of the university
community and may be used as an outcome of the informal resolution process or
the alternative resolution program. However, for a restorative circle process
to occur, all those involved must agree to participate. Incidents involving
true threats of harm, speech that constitutes discrimination, harassment, or
sexual misconduct are not eligible for a restorative circle
process.
(R)
(S)
Sanctions
One or more of the following sanctions may be imposed upon any
student or recognized student organization found to have violated the
code:
(1)
Imposition of sanctions - one or more of the following
sanctions may be imposed upon any student or recognized student organization
found to have violated the code:
(1)(a)
Warning - a written reprimand specifying the violation for which the student,
recognized student organization, or student group is being held
responsible.
(2)
(b) University
conduct probation - University conduct probation is for a designated period of
time and includes the probability of more severe sanctions, including
suspension or expulsion, if the student, recognized student organization, or
student group is found in violation of any university policy while on
university conduct probation.
Suspension - separation of the student from the university for
a defined period of time, after which the student is eligible to return, and a
permanent notation is placed on the student's transcript. While on suspension,
the student is prohibited from being present on all university property.
Conditions for readmission or re-recognition may be specified.
(c)
Suspension -
separation of the student from the university for a defined period of time,
after which the student is eligible to return, and a permanent notation is
placed on the student's transcript. While on suspension, the student is
prohibited from being present on all university property. Conditions for
readmission or re-recognition may be specified.
(3)(d) Expulsion - permanent separation of
the student from the university and a permanent notation is placed on the
student's transcript. The student may also be permanently prohibited from being
present on all university property.
(4)(e) Withholding or revoking a degree - The
university may withhold conferring a degree or revoke a conferred degree due to
a finding of prohibited conduct when the student would have been suspended or
expelled for the finding had the conduct process been completed prior to the
awarding of the degree.
(5)(f)
Educational sanctions - work assignments, service to the university, classes,
workshops, papers, or other related educational assignments.
(6)
(g) Restrictions and loss of privileges -
Specific limitations may be imposed by the dean of students or designee and the
terms of this sanction may include, but are not limited to, the following:
(a)(i) Reassignment to another university
housing space or facility or separation of a student university housing for a
determined amount of time, including permanently. Conditions for return may be
specified if the student is not permanently removed from university housing. In
addition, a student may be restricted from being present in specified
university housing locations.
(b)(ii) Ineligible to hold any office in any
recognized student organization or student group or hold an elected or
appointed office at the university; or
(c)(iii) Ineligible to represent the
university to anyone outside the university community in any way including:
participating in the study abroad program, attending conferences, or
representing the university at an official function, event, or intercollegiate
competition as a player, manager, or student coach, etc.
(d)(iv) Denial or restriction of access to
certain facilities or of other privileges for a designated period of
time.
(7)(h) Restitution
- compensation for loss, damage, or injury. This may take the form of
appropriate service and/or monetary or material replacement.
(8)(i) Confiscation of prohibited property -
Items whose presence is in violation of university policy will be confiscated
and will become the property of the university. Prohibited items may be
returned to the owner at the discretion of the conduct administrator or hearing
chair and/or BGSU police.
(9)(j)
Additional or alternate sanctions may be created or designed as deemed
appropriate to the offense with the approval of the dean of students or
designee.
(10)
(k) The following are
additional sanctions that may be imposed on any recognized student organization
found in violation of the code:
(a)(i) Loss of
status as a recognized student organization for a defined period of time or
permanently. The office of student engagement shall notify any national or
regional governing body with which the recognized student organization is
associated or that sponsors social, academic, or sports events when such action
is taken. BGSU reserves the right to alter or modify sanctions if new or
additional information is learned while an organization is not
recognized.
(b)(ii) Loss or
withdrawal of all student general fee dollars or other university funding for a
specified amount of time.
(c)
(iii)
Restriction of privileges - restrictions assigned to a recognized student
organization or student group that limit specific activities, events, or
operations for a specific period of time which may include, but are not limited
to:
(i)(a) Representing the university in any
official capacity.
(ii)(b)
Receiving awards or other forms of recognition from the university.
(iii)(c) Maintaining an office or other
assigned space(s) on university property, including but not limited to, loss of
small-group housing in a university premises.
(iv)(d) Participating in intramurals or other
university activities.
(v)(e) Being
a sponsor, co-sponsor, or participant in specified activities.
(vi)(f) Using university specified resources
(e.g., facilities or vehicles).
(vii)(g) Soliciting or selling items on
campus.
(viii)(h) Traveling as a
recognized student organization or student group.
(11)(2) Prior conduct
history may be a factor in decisions regarding sanctions.Guidelines for sanctions. Any sanctions will be
proportionate to the severity of the violation and to the cumulative conduct
history of the student, recognized student organization, or student group. In
determining the sanction(s) to be imposed, the decision-maker should take into
account any mitigating circumstances and any aggravating factors including, but
not limited to, any provocation by the subject of the conduct that constituted
the violation, any past misconduct by the student, any failure of the student
to comply fully with previous sanctions, the actual and potential harm caused
by the violation, the degree of intent and motivation of the student in
committing the violation, and the severity and pervasiveness of the conduct
that constituted the violation. Misconduct motivated by bias for classes
protected by university policy, other than constitutionally protected
expression, may be considered an aggravating factor for sanctioning. Impairment
resulting from voluntary use of alcohol or drugs (i.e., other than medically
necessary) will also be considered an aggravating, and not a mitigating,
factor.
(12)(3) Failure to
complete sanctions or attend a code of student conduct meeting may result in a
university hold being placed on a student's ability to register for subsequent
semesters or change a class schedule as well as the university may withhold the
conferring of a degree.
(S)
(T)
Arrest
or criminal conviction for crime(s) of violence
InAfter a hearing prescribed by
section3345.22of the revised code,
students who are arrested for an offense of violence may be immediately
suspended from the university. Further, in accordance with section
3345.23 of the Revised Code,
students are subject to dismissal if they are criminally convicted
of for one or more of the following offensesan offense of violence. As
used in this paragraph, an "offense of violence" means any of the following
offenses (or substantially equivalent offenses under local ordinance)
that occurred on university premises and/or affected persons affiliated with or
property owned by the university, or is committed in
the immediate vicinity of the university and an emergency has been
declared: aggravated murder, murder, voluntary manslaughter, involuntary
manslaughter, felonious assault, aggravated assault, assault, permitting child
abuse, strangulation, aggravated menacing,
menacing by stalking, menacing, kidnapping, abduction, extortion,
trafficking in persons, rape, sexual battery,
gross sexual imposition, aggravated arson, arson, terrorism, aggravated
robbery, robbery, aggravated burglary, burglary, inciting to violence,
aggravated riot, riot, inducing panic, swatting,
domestic violence, intimidation, intimidation of crime victim or witness,
escape, improperly discharging a firearm at or into a habitation or school,
patient abuse or neglect, endangering children or
felonious penetration.
The processes and procedures under
sections 3345.22 and
3345.23 of the Revised Code do
not prohibit the university from taking conduct action against the student
under the code for the same conduct, including but not limited to the
imposition of an interim action/interim suspension.
(T)(U) Parental/legal guardian notification -
The university reserves the right to notify parents/legal guardians of
dependent students regarding any conduct situation, particularly alcohol and
other drug violations. The university may also notify parents/legal guardians
of non-dependent students when under the age of twenty- one concerning drug
violations and alcohol violations. Parental/legal guardian notification may
also be utilized discretionarily by administrators when permitted by FERPA or
consent of the student.
(U)
(V)
Resolution and sanctions for student groups
The conduct administrator will determine if a student group by
a preponderance of the evidence after having investigated a report of alleged
misconduct. If this determination is made, the dean of students or designee and
the divisional or unit leader (e.g., dean or vice president) will assign the
appropriate sanction(s), and that decision is final and unreviewable. For cases
that fall under rule
3341-2-49 of the Administrative
Code (anti-hazing policy, the hazing prevention coordinator) or designee with
also assist with this determination.
(V)
(W) Appeals
(1) Right to appeal
Unless otherwise specified, a respondent may appeal the
sanction(s) imposed by a conduct administrator (informal resolution) or the
decision rendered by the decision-maker or administrative review officer
(formal resolution).Appeals are not intended to re-hear
or re-argue the same case and are limited to the specific grounds outlined as
follows:
(2) Grounds
for appeal
Appeals requests are limited to the following grounds:
(a) A procedural or substantive error
occurred that significantly impacted the outcome of the hearing (e.g.,
substantiated bias, material deviation from established procedures);
(b) To consider new evidence, unavailable
during the original hearing or investigation, that could have substantially
impacted the original finding or sanction. A summary of this new evidence and
its potential impact must be included; and/or
(c) The sanctions imposed are substantially
disproportionate to the severity of the violations.
(3) Appeal of informal resolution
Appeals shall be made to the dean of students or designee
within five days of the date that the respondent was emailed the sanction
notification letter rendered by the conduct administrator. The appeal shall be
in writing and is limited to the sanctions imposed are substantially
disproportionate to the severity of the violations. The decision of the dean of
students or designee is final.
(4)
Appeal of formal resolution
Appeals shall be made to the dean of students or designee
within five days of the date that the respondent was emailed the outcome of the
formal resolution process as determined by the decision maker. The appeal shall
be in writing, stating the ground(s) for appeal. The decision of the dean of
students or designee is final.
(5) Appeal proceedings
(a) An appeal is confined to the criteria set
in this code.
(b) No appeal may be
taken when disciplinary conduct action is not
imposed.
(c) The decision of the
dean of students or designee is final
(d) The written appeal and the supporting
documents will be reviewed in determining the outcome.
(e) The appeal officer may choose to meet
with the respondent before determining the outcome.
(6) Potential appeal outcomes
(a) Uphold, modify, or eliminate the original
sanction(s) in both the informal and formal resolution processes;
(b) Dismiss the case or individual charge(s)
against the student or recognized student organization in the formal resolution
process; or
(c) Order a new hearing
or remand the matter to the original hearing authority, as appropriate. This
process may include a new finding on responsibility and, if applicable,
sanctions.
(W)
(X) Implementation of sanction(s)
Sanctions are effective immediately upon notice. Upon
submission of appeal, sanctions will be held in abeyance until the appeal
process has been exhausted. New deadlines may be reassigned as necessary. The
dean of students or designee may impose interim measures during the appeal
process to ensure the safety and well- being of members of the university
community or preservation of university property.
(X)
(Y) Conduct records
Other than suspension and expulsion, conduct sanctions shall
not be made part of the student's permanent academic record, but shall become
part of the student's conduct record. All incidents involving the imposition of
sanctions other than suspension, expulsion, and/or loss of status as a
recognized student organization shall be removed from the student's, recognized
student organization's, or student group's conduct record seven years from the
year in which the offense occurred. Incidents involving the imposition of
suspension, expulsion, and loss of status as a recognized student organization
shall remain permanently on a student's, recognized student organization's, or
student group's conduct record.
(Y)
(Z) Refund policy
In the event of a suspension, expulsion, or residence hall
removal, the university will follow the regular tuition refund schedule
outlined by the office of registration and records. In the case of a student
residing on campus, the university will follow the regular refund schedule
concerning room and board.
(Z)
(AA) Code of student conduct
interpretation and review
(1) Staff within
the office of the dean of students may develop procedural rules for the
administration of hearings that are consistent with provisions of this code.
Material deviation from student conduct rules will, generally, only be made as
necessary and will include reasonable notice to the parties involved, either by
posting online and/or in the form of written communication. The single
decision-maker may vary procedures with notice upon determining that changes to
law or regulation require policy or procedural alterations not reflected in
this code. The single decision-maker may make minor modifications to procedure
that do not materially jeopardize the fairness of the process for any party.
Any question of interpretation of the code will be referred to the dean of
students, whose interpretation is final.
(2) The code shall be reviewed annually under
the direction of the dean of students or designee. Questions of interpretation
regarding the code or student handbook shall be referred to the office of the
dean of students. In keeping with normal university policy approval processes,
the code and student handbook may, at the sole discretion of the university, be
amended at any time.
(AA) Equity impact statement: The policy has been assessed for
adverse differential impact on members of one or more protected
groups.
