The procedures outlined in this rule and in rule
3344-83-09 or
3344-83-10 of the Administrative
Code shall not be used in cases of an alleged student code of conduct violation
under paragraph (C) or (D) of rule
3344-83-04 or paragraph (E) of
rule 3344-83-4 of the Administrative Code, where the violation involves
stalking, relationship violence or domestic violence.
(A) Procedures for filing charges.
(1) Any member of the university community
may file a written charge alleging the following:
(a) Violation of the student code by any
student or student organization;
(b) Disputes between student
organizations;
(c) Disputes between
individuals and student organizations;
(d) Disputes involving student organizations'
constitutions; or
(e) Disputes
involving student publications.
(2) The vice president for student affairs or
designee may file a written charge on behalf of the university
community.
(3) The written charge
shall be filed with the judicial affairs officer "JAO" in the department of
student life. Charges filed against student organization shall be reviewed by
the JAO in consultation with the vice president for student affairs and the
chairperson of the student life committee ("SLC") to decide whether the charge
is to be referred to the SLC or processed through university judicial
procedures. In the event that the JAO has filed a charge, will be a witness in
a proceeding, or otherwise has a conflict of interest, the vice president for
student affairs will appoint a temporary replacement to serve as the JAO on
that matter.
(B) Notice
of charge.
Upon receipt of a written notice, the JAO shall send
notification to the charged student using the student's CSU email address,
campus mail address, or the last address on file with the registrar, or to the
presiding officer of the student organization and its advisor at the address on
file with the department of student life. The notification shall set
forth:
(1) The charge and the name of
the charging party;
(2) The
violation with which the student or student organization is charged;
(3) The right of the charged student or
student organization to choose between an administrative hearing before the SCO
or a university judicial board hearing, unless the student or student
organization is charged during the summer semester in which case, the SCO will
hear the case;
(4) Any interim
measures imposed by the JAO until the judicial process is over. The JAO may
alter a student's academic status or rights and privileges as a student on an
interim basis. An interim suspension may only be imposed pursuant to rule
334483-07 of the Administrative Code; and
(5) An explanation that the charged party
shall respond to the notice within five working days or the matter will be
referred to the university judicial board.
(C) Response to notice of charge
(1) Whether the student or student
organization selects an SCO or university judicial board hearing, the JAO will
set the hearing date for no more than fifteen working days from the receipt of
the written response to the notice of the charge.
(2) A student or student organization who
admits responsibility to the JAO may waive the option for a formal hearing and
the JAO will apply appropriate sanctions.
(D) Hearing procedures
(1) Notice of hearing
Written notice of the hearing and the name of the charging
party shall be sent by the JAO, not less than five working days before the
hearing, to the parties and shall include the date, time and location of the
hearing. The notice shall be sent to the student's email address and by regular
and certified mail to the last address on file with the registrar or by
hand-delivery. In the case of student organizations, it will be sent to the
presiding officer and the advisor of the organization to the email addresses
and mail addresses on file in the department of student life. The notice shall
indicate that the judicial procedures are set forth in the code; and, the
notice shall also include the following information:
(a) The charge, the name of the charging
party, and the potential code violation with which the student or student
organization is charged.
(b) That
all parties shall notify the JAO no later than three working days prior to the
date and time of the scheduled hearing of any witnesses who will be
participating, any other parties who will be attending, or of a request for a
postponement of the hearing, and must provide copies of any materials that will
be presented;
(c) That requests
for postponement will be granted by the JAO only for good cause which is beyond
the control of the requesting party; and
(d) That the charging party and the charged
party shall have equal access to all witness statements and hearing materials
and shall receive a list or copies of materials from the JAO no later than
twenty-four hours before the hearing.
(2) Hearing
(a) After consultation with university legal
counsel, and the vice president for student affairs, the JAO may require, limit
and/or postpone actions or activities of a charged student or student
organization to prevent danger to health or safety of persons or property or
the disruption of the educational process until the administrative hearing
decision is presented to the parties and all available appeals have been
exhausted.
(b) Both the charged
student or student organization and the charging party have the right to seek
assistance from members of the university community and have one such member of
the university community present at the hearing (the "community support
person"). Additional members of the university community may be permitted to be
present at the hearing at the discretion of the JAO after consultation with the
involved parties. Only the charged student, or student members of the student
organization, or the advisor of the charged organization, and the charging
party shall be permitted to make any presentations during the hearing. This
restriction does not apply to witnesses.
(c) The same person may not serve as a
community support person and a witness simultaneously; nor can the advisor of
the charged student organization serve as a witness and an advisor
simultaneously. The name of the community support person who will be attending
the hearing shall be submitted to the JAO no later than three working days
prior to the date and time of the scheduled hearing.
(d) Witnesses may be sequestered until needed
to make presentation.
(e) Hearings
shall be closed and shall be recorded to provide an accurate record of the
proceedings.
(f) In hearings
involving more than one charged student or student organization, separate
hearings may be held at the discretion of the JAO.
(g) The SCO or chairperson of the university
judicial board shall present the charge(s) filed against the student or student
organization.
(h) The party who
filed the charge shall explain the circumstances of the alleged violation and
present witnesses in support of the charge. The hearing body may ask
appropriate questions regarding the incident.
(i) The charged student or student
organization will respond to the charge(s) presented. In doing so the student
or student organization may present witnesses in support of the student's or
student organization's actions in connection with the alleged violation. The
hearing body may ask appropriate questions regarding the incident.
(j) The charged party may refrain from
testifying at the hearing.
(k) If
either party fails to appear, the hearing will be held in the party's absence
and the hearing body shall make a decision based on the materials
submitted.
(3) Decision
Within five working days of the completion of the hearing, the
SCO or the university judicial board will provide the JAO with a written
decision. The written decision will include the alleged violations of the code,
a description of the materials reviewed by the SCO or university judicial
board, a determination of whether the charged party is responsible or not
responsible for violating university policy, any recommended sanctions, and a
description of the applicable appeal process outlined in the code. The JAO will
forward the written decision and any sanction(s) to the appropriate university
party. The JAO will provide a copy of the decision to the charged party, the
charging party and any other party required to receive notice of the decision
as required by law. The JAO will discuss the outcome and appeal process with
them.
(E)
Enforcement of sanctions
A student who does not comply with sanctions may be subject to
further disciplinary actions for non-compliance with university sanctions
pursuant to paragraph (GG) of rule
3344-83-04 of the Administrative
Code. The JAO will monitor all sanctions and initiate appropriate actions to
ensure compliance. These actions may include holds on records and graduation,
increases in sanctions, and additional formal judicial charges.
(F) Records
All materials relating to the hearing, including the final
decision and the recording of the hearing, shall be secured in the department
of student life, office of judicial affairs.
(G) Parental/guardian notification
The vice president for student affairs will notify the
parent(s)/guardian(s) of a student under the age of twenty-one who has been
found in violation of an alcohol or drug provision of the code.
Parent(s)/guardian(s) shall be notified by regular and certified mail at the
student's permanent address on file in the registrar's office.
Notes
Ohio Admin. Code
3344-83-08
Effective:
6/23/2022
Promulgated Under:
111.15
Statutory
Authority: 111.15
Rule
Amplifies: 3344
Prior Effective Dates: 12/14/1980, 12/01/1993,
11/28/2001, 08/29/2005, 08/17/2014, 08/01/2015,
08/17/2015
