(A)
Policy
statement
(1)
Hazing is intolerable and has no place at Cleveland state
university (CSU), on college campuses or in communities across Ohio and the
nation. Cleveland state university is committed to student safety, support, and
success and is dedicated to preventing violence in all its forms. CSU therefore
affirms Collin's Law and adopts this policy pursuant to the Ohio Revised Code
as a means of addressing hazing in our community.
(2)
Cleveland state
university prohibits hazing as defined in this policy and will not tolerate a
campus culture which allows hazing to occur. The university will investigate
and respond to all reports of hazing as outlined in this policy and assign
appropriate sanctions to ensure the health and wellbeing of CSU community
members.
(B)
Definitions
(1)
"Authorized university function" means events and
activities, which the university presents or authorizes.
(2)
"Community
standards officer" - CSO (also referred to as a "judicial affairs officer" -
"JAO" or "student conduct officer" - "SCO") means the faculty or administrator
who is responsible for conducting investigations into reported code violations
and is authorized to impose sanctions upon students found to have violated the
code.
(3)
"Reckless" means conduct which one knows or should
reasonably be expected to know would create a substantial risk of harm to
persons or property or which would otherwise be likely to result in
interference with authorized university functions.
(4)
"Student" means
any person who is accepted, admitted, currently registered or has been
registered at the university any time during the last academic
year.
(5)
"Student organization" also known as "registered
student organization" or "RSO" means a university recognized or registered
student organization, which has complied with the formal requirements of
official recognition or registration set forth by the center for student
involvement.
(6)
"Student group" means a number of persons who are
associated with the university and each other; examples including but not
limited to: academic groups, athletic teams, spirit groups, military
organizations, honor societies, musical or theatrical ensembles, bands, or
clubs.
(7)
"University official" means any member of the
university community acting in an official capacity, upholding and enforcing
rules, regulations, and policies of the university.
(8)
"Complainant"
means individual(s) bringing forward the allegations of a policy
violation.
(9)
"Respondent" means individual(s) or group(s) responding
to reported allegations of a policy violation.
(10)
In compliance
with section 2903.31 of the Revised Code,
hazing is defined as intentionally, knowingly, or recklessly, for the purposes
of initiating, admitting or affiliating a student into or with an organization,
or for the purpose of continuing or enhancing a student's membership or status
in an organization, causing, coercing or forcing a student to do any of the
following, regardless of whether such conduct occurs on or off campus:
(a)
Violate federal
or state criminal law.
(b)
Consume any food, liquid, alcoholic liquid, drug or
other substance which subjects the student to a risk of emotional or physical
harm.
(c)
Endure brutality of a physical nature, including
whipping, beating, branding, calisthenics or exposure to the
elements.
(d)
Endure brutality of a mental nature, including actively
adversely affecting the mental health or dignity of the individual, sleep
deprivation, exclusion from social contact or conduct that could result in
extreme embarrassment.
(e)
Endure brutality of a sexual nature.
(f)
Endure any other
activity that creates a reasonable likelihood of bodily injury to the
student.
It shall not be a defense to a charge
of hazing that the student consented to the conduct in question.
(C)
Policy application
This policy applies to CSU students,
student organizations, student groups, faculty, staff, and CSU alumni. This
policy also applies to volunteers acting in an official capacity that advise or
coach student organizations and/or student groups and who have direct contact
with students as well as other visitors, licensees, consultants, and
invitees.
(D)
Jurisdiction
The university holds individuals
accountable under this policy for behavior that occurs both on and off campus,
between two or more people who are affiliated with the university, or any
student or other student organization or student group associated with the
university. This policy also applies to behavior conducted in virtual spaces;
including behavior conducted on-line, via email or through electronic media,
through remote classrooms, or through on-line engagement mediums, including
video gaming, in cases where the behavior is not protected by freedom of
expression. While CSU does not regularly search for online information, it may
review and investigate in accordance with this policy if such information is
reported to the university.
(E)
Policy
enforcement
(1)
Allegations of hazing. Any person having knowledge of any
activity or conduct which may constitute hazing should report all relevant
information.
(2)
Investigation of allegations. Upon receiving a report
of alleged hazing, the chief student affairs officer or designee or human
resources designee will assign the case to an investigator. As part of the
investigation, the university will:
(a)
Determine if reported behavior falls under this policy
or another CSU policy, falls within outlined jurisdiction, and requires
investigation. If the reported behavior meets this criterion, an investigation
will be opened and the following may be completed as part of that
investigation;
(b)
Make contact (if possible) with the
complainant(s);
(c)
Make contact with the respondent, or individual(s) or
group(s) alleged to have perpetrated the hazing. If the conduct is
organizational in nature, the investigator will contact the advisor and
president of the organization under investigation. If the individual is an
employee, the employee's supervisor will be notified;
(c)
Conduct
interviews with all parties, including victims, the respondent(s) and any
witnesses. The investigator may, at their discretion, recommend interim action
for the student, student organization, student group, faculty, staff, or
alumni, to protect the safety and wellbeing of others.
(3)
The
investigator may, at their discretion, require students, employees, or a select
group of students to participate in an investigatory meeting.
(4)
The investigator
may, at their discretion, request students or employees to undergo a physical
and/or mental wellness examination at the university or by another appropriate
medical professional of the university's choosing and at the university's
expense as well as to sign a waiver allowing the medical professional to share
a summary of the relevant results of the examination (i.e. findings of physical
abuse, blood alcohol content, drug usage, bruises, burns, etc.). The summary
will be considered an educational record under the Family Educational Rights
and Privacy Act.
(5)
After initial review, the chief student affairs officer
(or designee) or human resources designee will determine if charges or
disciplinary action are warranted. If charges are warranted, the chief student
affairs officer (or designee) will charge the individual student(s), the
involved student group(s), and /or the president or other responsible officers
of the involved student organization(s) or student group(s) or any other
complicit bystanders in accordance with the this policy. For employees, the
university will follow the procedures as outlined in the applicable university
policies, procedures, and/or collective bargaining agreements. For alumni, CSU
will follow its policies that apply to guests, visitors, and non-affiliated
persons.
(6)
Adjudication. Adjudication shall be conducted pursuant
to the student code of conduct including, but not limited to, organizational
student conduct. The process will align with rule
3344-83-08 of the Administrative
Code and proceed accordingly in a prompt, fair, and equitable manner. For
employees, the university will follow the applicable university policies,
procedures and/or collective bargaining agreements.
(7)
Intersection with
other policies. In instances when reports of hazing intersect with other
university policies, dual investigations under different policies may be
necessary (e.g. when hazing reports involve incidents of sexual misconduct).
Investigations involving appropriate offices will be initiated to ensure all
reported policy violations are fully reviewed.
(F)
Requirement to
not recklessly permit hazing
(1)
Immediately upon learning of potential hazing, any
employee with a duty to report violations of this policy ("mandatory employees"
/ "responsible employees") who received a complaint of hazing or who observes
or learns of conduct that is reasonably believed to be in violation of this
policy is required to report the alleged conduct to the chief student affairs
office or human resources (for reports involving
faculty/staff).
(2)
Employees with a duty to report violations of this
policy include faculty, administrators, coaches, and staff. Graduate assistants
and student employees have a duty to report violations of this policy of which
they become aware in the course of their duties when these duties include
responsibility for the safety and wellbeing of other members of the campus
community or if they have supervisory, evaluative, grading, or advisory
responsibility over other members of the campus community.
(3)
In addition to
the duty to report hazing to the above offices as identified in the prior
paragraph, in some circumstances there is also a duty to report allegations of
criminal conduct to law enforcement through a report to CSU PD.
(G)
Medical amnesty and good samaritan policy
CSU's medical amnesty and good
samaritan policy may apply to students who make a report under this policy or
who participate in an investigation related to this policy.
(H)
Sanctions
Hazing is a serious offense of the
student code of conduct and therefore, is subject to the full range of
sanctions outlined in the student code of conduct. In addition, other
educational activities may be required as conditions of the sanction. An
individual, organization, or group may be subject to other outcomes in
accordance with the applicable outside constituents or group in which the CSU
community member is involved, or their governing bodies. The university has the
right to take action regardless of the actions of the governing
body.
(I)
How to report
(1)
As safety is a
primary focus at Cleveland state university, it is CSU's goal to promote a
culture of reporting hazing. Reporting hazing ensures information is shared
with the appropriate offices that will take appropriate action pursuant to this
policy. Reports of hazing submitted through the means outlined below will be
reviewed and investigated pursuant to this policy.
(2)
Individuals
and/or student organizations must report instances of hazing either directly to
offices indicated below or through an incident report form. Reports will be
routed to the chief student affairs officer's office and/or the office of
community standards and sent to the appropriate university official for
review.
(3)
Self-reporting of Incidents. Student organization/team
members and officers/captains should immediately report any hazing incidents
that occur within their organization to the chief student affairs officer (or
designee) office or CSU police department, providing a detailed description of
the events that have transpired, the names of any individuals involved, and a
description of any actions taken by the organization. Employees should report
hazing incidents to human resources or CSU police department. Upon receiving
the report, the chief student affairs officer (or designee)'s office or human
resources designee will investigate along with the CSO as described in this
policy and the organization president and advisor/coach or employee's
supervisor will be notified. The investigation and adjudication will proceed
related to the policy violations by the individual(s) implicated in the report,
unless evidence discovered in the investigation proves the incident to have
been sanctioned by the organization or employee. If the incident appears to
have been sanctioned by the organization or employee, a follow-up investigation
into the organization's or employee's role may be undertaken. If the student
organization is affiliated with a national organization, the national
headquarters may be contacted.
(4)
Making an
intentionally false accusation of hazing is prohibited and subject to
corrective or restorative action as enumerated in the student code of conduct,
employee handbook, or other applicable university policy.
(5)
If a member of
the university community is aware of immediate physical danger to a student or
others, they must contact CSU PD at 216.687.2020 or dial 911.
(6)
Any questions
concerning the interpretation or application of this policy should be referred
to the chief student affairs office or designee.
(7)
Individuals may
report hazing by contacting any of the following:
(a)
Chief student
affairs officer / 216.687.2048 or studentaffairs@csuohio.edu
(b)
CSU PD:
216.687.2020 or police@csuohio.edu
(d)
Human resources:
216.687.3636
(e)
In the event of an emergency, please contact CSU PD at
216.687.2020.
(J)
Identifying acts
of hazing
Key indicators: the activity is
degrading and/or demeaning, there is risk of injury or question of safety,
alcohol or drugs are present, cryptic language is used to describe an event,
activity, or interaction, active members are unwilling to participate in the
same activity with new members, active and new members are unwilling to discuss
the activity with advisers, coaches, family members, headquarters or
prospective members, members justifying actions as "tradition" in an attempt to
convince others that it is an acceptable event, changes in behavior such as
oversleeping, constant exhaustion or an inability to focus, a drop in
GPA.
(K)
Retaliation
(1)
The university prohibits retaliation against any person
for reporting or complaining of hazing; supporting a person who complains about
such conduct; assisting, providing information or participating in the
investigation of an incident of hazing; enforcing university policies with
respect to hazing; whether or not the exercise of rights is substantiated by an
investigation or otherwise. Retaliation is a form of
discrimination.
(2)
Retaliation is any overt or covert act of reprisal,
interference, restraint, penalty, discrimination, intimidation or harassment,
against any person or group for exercising any rights under this policy.
Prohibited retaliation includes retaliatory harassment and retaliation through
a third person or persons.
(3)
Violation of
retaliation under this policy would be considered a violation of the code of
conduct and adjudicated through the conduct process.
(L)
Duty of
university to document
The university will maintain a report
of all violations of this policy that are reported to the university and which
result in a charge of violation of this policy. The university will update the
report bi-annually on January 1 and August 1 of each year and will post the
updated report on the university's chief student affairs officer and human
resources websites.
(M)
Training and
education
(1)
CSU shall provide all staff and volunteers that advise or
coach an organization recognized by or operating under the sanction of CSU and
who have direct contact with students with mandatory training on hazing, which
shall include information on hazing awareness, hazing prevention, and this
policy.
(2)
All students seeking membership in a registered student
organization, student group, or athletic team at CSU must complete the
anti-hazing training provided by the university. Failure to complete the
training will result in the student being denied the ability to join any
recognized student organization, group, or athletic team. If a student is
unsure if they have completed the required program, they should contact their
advisor, coach, or chief student affairs office to verify their eligibility to
join a student organization, group, or team.
