Ohio Admin. Code 3341-2-43 - Student conduct process involving amnesty

(A) Policy statement and purpose

Student health and , safety and well-being and as well as the removal of barriers that might prevent the reporting of conduct that endangers persons or property are substantial university interests. The university's interest in promoting student health and , safety, and well-being is furthered by encouraging students to seek and obtain prompt medical assistance if a person is in distress from the abuse of alcohol or other substances.

(B) Policy

(1) This policy applies only to disciplinary actions under the university's code of student conduct.

(2) At the university's discretion of a conduct administrator in the office of the dean of students, 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) to any student who, in good faith, seeks or obtains medical assistance (e.g., by calling 9-1-1) for another person or themselves.

(3) At the university's discretion of a conduct administrator in the office of the dean of students, amnesty may be extended on a case-by-case basis to any student who, in good faith, reports conduct by others that endangers persons or property as well as to students who participate in the conduct process related to such misconduct. The university office of the dean of students may follow up with students related to those issues as appropriate in a non-disciplinary manner.

(4) This policy does not prevent the university from notifying students' parents/legal guardians about the incident per rule 3341-2-25 of the Administrative Code. The university conduct administrator in the office of the dean of students may also impose conditions on amnesty, such as by requiring students to complete one or more educational interventions that include but are not limited to educational classes or assignments and community service hours.

(5) This policy does not preclude any disciplinary actions regarding major university violations such as endangering, threatening, or attempting to cause physical harm to another individual; sexual misconduct; relationship violence; damage to property; theft; and hazing.

(C) Recognized student organizations and student groups

If a representative of a recognized student organization or student group seeks medical assistance for another due to the overconsumption of alcohol or a drug overdose, that act will be considered as a mitigating factor in determining a sanction if the recognized student organization or student group is found in violation of the code of student conduct in connection with the occurrence.

(D) Failure to comply with amnesty conditions

A student, who fails to successfully satisfy all the conditions of amnesty, including any required educational interventions, may be referred for adjudication through the code of student conduct for the original incident.

(E) Appeal

A student who has been denied amnesty afforded by this policy may submit a written appeal regarding that decision to the dean of students or designee within five business days of the decision. The dean's decision shall be final.

Equity impact statement: the policy has been assessed for adverse differential impact on members of one or more protected groups.

Notes

Ohio Admin. Code 3341-2-43

Effective: 6/6/2024
Promulgated Under: 111.15
Statutory Authority: 3341
Rule Amplifies: 3341
Prior Effective Dates: 09/12/2018, 10/07/2021, 09/02/2022