(A)
Purpose
The purpose of this rule is to support
the right of expression on the northeast Ohio medical university (NEOMED)
campus.
(B)
Scope
This rule applies to NEOMED students,
student groups, faculty, staff, and any other persons who use space on the
NEOMED campus and is adopted in accordance with section
3345.0212 of the Revised Code,
which requires each public university in Ohio to adopt a rule on harassment
that is consistent with and adheres strictly to the definition of harassment
proved in section 3345.0121 of the Revised Code.
(C)
Rule
statement
(1)
The university believes that the right of expression is as
necessary as the right of inquiry and that both must be preserved as essential
to the pursuit and dissemination of knowledge and truth. The university's
commitment to freedom of expression, however, does not extend to harassment.
Ohio law defines harassment as conduct and/or expression that is:
(a)
Not protected by
the first amendment to the United States Constitution or article I of the Ohio
Constitution (unprotected expression);
(b)
Unwelcome;
and
(c)
So severe, pervasive, and objectively offensive that it
effectively denies an individual equal access to the individual's education
program or activity.
(2)
Expression
(either in person, in writing or by telecommunication) must meet all three
elements to be actionable under this rule. This rule applies to alleged
harassment that takes place on NEOMED property (owned, leased, or controlled
premises), at NEOMED sponsored events, and in connection with a NEOMED
recognized program or activity. Students should report alleged violations of
this rule to the office of student services. Faculty and staff should report
alleged violations of this rule to the office of human
resources.
(3)
This rule shall not be construed to impair any right or
activity, including speech, protest, or assembly protected by the United States
Constitution.
(D)
Nothing within this rule shall be interpreted as
preventing NEOMED from restricting expressive activities that the first
amendment of the United States Constitution or article I, sections 3 and 11 of
the Ohio Constitution does not protect. Further, nothing in this rule shall be
interpreted as restricting or impairing the university's obligations under
federal law including, but not limited to, Title IV the Higher Education Act of
1965, Title VI of the Civil Rights Act of 1962, Title VII of the Civil Rights
Act of 1964, Title IX of the Education Amendments of 1972, section 405 of the
Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act,
Age Discrimination in Employment Act and the Age Discrimination Act of 1975 as
specified in rules
3349-7-10 and
3349-10-75 of the Administrative
Code.
Replaces: 3349-3-201
Notes
Ohio Admin. Code
3349-1-201
Effective:
10/21/2024
Promulgated Under:
111.15
Statutory
Authority: 111.15
Rule
Amplifies: 3350.12
Prior
Effective Dates: 07/08/2021, 08/29/2022,
04/12/2024
