Chapter 3337-4 Policies

3337-4-01 Information technology accessibility.

The version of this rule that includes live links to associated resources is online athttps://www.ohio.edu/policy/04-001.html

(A) Purpose

The use of information technology (IT) is integral to the university's operations for all members of the community. Therefore, in accordance with federal and state law, this policy establishes standards and expectations to facilitate the deployment of information technology that has been designed, developed, or purchased to be accessible to people with disabilities, including those who use assistive technologies. Accessibility generally enhances usability for all users. Thus, by supporting IT accessibility, Ohio university helps ensure that as broad a population as possible will have access to, benefit from, and contribute to its digital information and services.

It is the responsibility of all members of the university community - faculty, staff, and students - to provide equal access to our employment and educational environment, including information technology. This policy is in accordance with the Ohio University Americans with Disabilities Act compliance policy 03.003 and section 508 of the 1973 Rehabilitation Act

(B) Policy statement

Software, hardware and systems purchased must be accessible and must produce accessible products. Ohio university will collaborate with departments in working towards equal access to information technology in a systematic manner. Acquiring and purchasing technologies that meet the requirements described in this document and other applicable policies will enable all colleges, departments, offices and entities of the university to:

(1) Design and publish university web page content and web-based applications in accordance with the current university web accessibility guidelines.

(2) Design and host technology that supports accessible course content in accordance with the current university web accessibility guidelines.

(3) Use software and hardware solutions that promote access by all users, including those with disabilities.

(C) Applicability

This policy applies to all information technology that is acquired, distributed, purchased, developed, implemented or substantially modified after the effective date of this policy, by or for any Ohio university administrative or academic unit and used to provide university programs, services, or activities including:

(1) Information technology services, those associated with courses of instruction, departmental programs, university-sponsored activities, employment, administration and university services, including hardware and software to be developed, purchased or acquired by Ohio university.

(2) University environments specific to information technology including classroom and general use computer facilities, on-line instruction, distance learning, places of employment, and libraries.

(D) Exceptions

Recognizing that it may not always be possible to achieve accessibility due to various factors, including but not limited to the scope of usage and availability of alternate accessible information technology, requests for exceptions will be evaluated on a case-by-case basis. Requests for exception shall be submitted in writing to the ADA/504 coordinator, office of university equity and civil rights compliance. Details on what to include are described in the process to request an exception.

(E) Compliance resources

Questions or concerns regarding compliance with this policy should be directed to the ADA/504 coordinator, office of university equity and civil rights compliance (ECRC).

The office of information technology (OIT) has the subject matter expertise to respond to questions about technical information technology requirements. ECRC will work with OIT to provide assistance to units in their efforts to comply with the requirements of this policy.

Resources are available to departments to implement this policy.

(F) Definitions

Accessible information technology: Information technology that is accessible with or without the use of any assistive technology device or software that interfaces with university-provided software and infrastructure, or assistive technology service that makes educational and workplace materials available to persons with disabilities.

Information technology: Any equipment, interconnected system or subsystem of equipment, or service that is used in the acquisition, storage, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information. The term information technology includes computers, ancillary equipment, software, firmware and similar procedures, services (including support services), and related resources.

The version of this rule that includes live links to associated resources is online athttps://www.ohio.edu/policy2/04-001.html

Effective: 11/9/2017
Promulgated Under: 111.15
Statutory Authority: 3337.01
Rule Amplifies: 3337.01

3337-4-02 Ohio university judicial system.

(A) Section 1. Purpose. The primary purpose of the Ohio university judicial system shall be to help govern the university community by regulating student conduct and enforcing the code of student conduct consistent with the principles of due process of law applicable to state universities.

(B) Section 2. Establishment of judicial bodies. The Ohio university judicial system shall be the responsibility of the dean of students; and the office of legal affairs shall administer the system. The assistant director of legal affairs shall be the director of the operation of the judicial system and shall serve on the staff of the dean of students in fulfilling that responsibility.

(C) Section 3. Jurisdiction.

(1) University judiciary---The university judiciary shall have jurisdiction over all violations of code A of the code of student conduct. This shall include, among other things, review of cases of students arrested and/ or convicted of criminal offenses, presidential interim, suspensions, matters of academic misconduct, and felonious thefts. The university judiciary shall also have jurisdiction over organizational conduct. A student or student organization may choose either to have a hearing at the university by a university hearing board, or a designated hearing officer, ususally the director of university judiciaries.

(2) University appeal board-The university appeal board shall, hear appeals from decisions of the university judiciary.

(3) Administrative judiciary---The administrative judiciary shall have jurisdiction over code B offenses and all code C offenses not handled by residence judiciaries. Upon request by the student (written appeal within seventy-two hours), decisions may be reviewed by the director of university judiciaries. In cases where the director served as the original hearing officer, appeals will go to the university appeal board.

(4) Residence judiciaries--The residence judiciaries shall have jurisdiction over all violations of code C except for those handled by the administrative judiciary.

The violations involve conduct in the residence halls and will result in a sanction less than university disciplinary probation. Upon request by the student (written appeal within seventy-two hours), decisions may be reviewed by the director of university judiciaries.

(D) Section 4. Composition.

(1) University judiciary-The university judiciary is composed of either the director of university judiciaries or his or her designee who shall be the hearing officer at an administrative hearing, or a five-person university hearing board composed of three students, one faculty member and one administrator. The director shall serve as a nonvoting hearing officer for the hearing board. The director shall appoint on a rotating and random basis a hearing board from a pool of twenty-three board members, who shall be appointed by the committee on committees for a one year term, and will be called the judiciaries committee. The pool shall consist of thirteen students (ten at the undergraduate level and three at the graduate level), five administrators, and five faculty members. Every reasonable attempt shall be made to assure that all classes of undergraduate students are represented on the judiciaries committee. Members are eligible for reappointment. Once five board members have been selected in accordance with the above procedures and have agreed to serve on a case, three of the five shall constitute a quorum, so long as two of the three are students. A hearing board for the summer session will be appointed each year by the office of legal affairs from the original hearing board membership for the preceding year.

(2) University appeal board--The university appeal board shall consist of three members, including one faculty member, one student, and one administrator. These three members shall be selected from the judiciaries committee, and shall be appointed for each appeal on a random basis by the director of university judiciaries. The director shall also appoint one of the selected members as chairperson, who shall have a vote in all appeals. The director shall appoint a member of the judiciaries committee in the event that a board member cannot be present at an appeals hearing.

(3) Administrative judiciary-The administrative judiciary shall consist of a single hearing officer, who shall be the director of university judiciaries or a staff member of the university judiciaries.

(4) Residence judiciaries-The residence judiciaries shall consist of the three green coordinators, each of whom shall have jurisdiction over violations which occur on his or her green.

(E) Section 5. Judicial procedures.

(1) University judiciary.

(a) A student appearing before the university judiciary shall be notified in writing of the hearing at least three days (seventy-two hours) in advance. This notification shall include;

(i) a statement of the rule or regulation the student allegedly violated,

(ii) a specific statement of the operative facts constituting the alleged violation,

(iii) the time and place of the hearing, and

(iv) a statement of the policies and procedures to be followed at the hearing. If the student fails to appear at a scheduled hearing and his or her absence is not excused, the hearing may proceed without him or her. Hearings shall be closed unless specifically requested to be open by the student. Hearings can be rescheduled with permission of the director of university judiciaries.

(b) When charged with a violation of university regulations before university judiciaries, a student shall have the right by request to have his or her hearing before the director of university judiciaries (hereinafter referred to as an administrative hearing), or before a hearing board (hereinafter referred to as a board hearing) The director may not overrule a student's selection of a board hearing, and he or she must honor a student's request to have an administrative hearing.

(c) A student may request that any member of the Ohio university community, or his or her parents, or legal counsel assist in his or her presentation of the case. If a student so desires, he or she may request counseling or aid concerning his or her case from a volunteer student organization currently known as "Students Defending Students". Legal counsel may assist the student in presenting a defense at the hearing according to the university judiciaries procedures. If a student wishes to have legal counsel present at the hearing, he or she must inform the director of university judiciaries, at least two days (forty-eight hours) prior to the hearing.

(d) In cases before the university hearing board a student may ask for the removal of any member of the hearing board, except for the hearing officer, by showing written or verbal evidence of bias against him or her on the part of the member. The hearing officer will determine whether a student's charge of bias is valid or invalid. If bias is shown, the member will be excused by the hearing officer. A charge of bias on the part of the hearing officer may be submitted to the dean of students for review.

(e) The student has the right to speak or not to speak on his or her own behalf, and the right to remain silent when questioned. At no time will the student be forced to speak against himself or herself nor will the right to remain silent be used against him or her. The student has the right to present any evidence on his or her behalf, including witnesses and written or testimonial character references. All written evidence must be presented to the hearing officer for authentication before admission to evidence.

(f) The director of university judiciaries shall be a nonvoting hearing officer in all cases before a hearing board. If the director cannot serve, he or she shall appoint a substitute hearing officer.

(g) Three members shall constitute a quorum, so long as at least two students and one faculty member or one administrator are present.

(h) An official record of all proceedings shall be kept by the university judiciaries. The record shall normally be a tape recording of the hearing.

(i) The hearing officer, acting in an official university capacity, shall assure an orderly hearing process, so that the policies protecting the accused student ' and other parties are upheld. The general operating procedure of a board hearing is as follows:

(i) The hearing officer shall insure that the student understands the policies and procedures of the hearing. Then, the hearing officer shall instruct the hearing board of its obligation to make a factual determination of whether the student's actions violated the charged university regulations, and, if so, to decide the sanction to be recommended.

(ii) The complainant and student shall present their evidence as to the alleged violation. The evidence against the accused student shall be presented by the complainant. The hearing board members and the hearing officer may examine all written evidence and question all witnesses.

(iii) The hearing officer has the responsibility to insure the orderly conduct of the hearing and development of the evidence. He or she shall rule on all procedureal questions raised during the hearing and on the admissibility of all evidence.

(iv) The student and the complainant shall have the right to examine and counter all the evidence, including the right to examine all written evidence and question all witnesses. The student has a right in the process of the actual hearing to request the names of all witnesses against him or her.

(v) After the evidence has been presented, the complainant and the student, in that order, shall summarize their positions. The hearing officer shall instruct the hearing board of its responsibilities to determine by majority vote whether, from the preponderance of the evidence, there was a violation of university regulations. The board shall then go into closed session to make this determination.

(vi) The majority of the hearing board shall determine whether the student committed the offense. In the case of a tie vote, the hearing officer will cast the deciding vote. The student then has the opportunity to present mitigating evidence, including statements by character witnesses; and the complainant may rebut any evidence so presented. Afterwards the hearing board will vote on the sanction to be recommended. The hearing board shall consider the following things in making its decision:

(a) the evidence presented, at the hearing;

(b) the prior disciplinary record of the student;

(c) disciplinary precedent;

(d) the guidelines specified in the code of student conduct as detailed by the hearing officer.

(vii) If the hearing board determines that a sanction is to be recommended, the board will inform the student and tine bearing officer of its' decision. Individual board members may speak to the recommended sanction. The hearing officer will have the responsibility to sanction the student and will accept the board's recommendation if reasonable; but he or she may approve a different sanction as determined by the criteria specified in paragraph (E)(1)(vi).

(j) At an administrative hearing the same procedures apply with the hearing officer determining whether a violation of the code of student conduct occurred and the sanction to be imposed.

(2) University appeal board.

(a) The accused student and the complainant have a "right to file a written appeal within three days (seventy-two hours) after notification of sanction imposed by the university judiciaries to the university appeal board on the grounds of (i) new evidence, (ii) a defect in judicial procedures, or (iii) inappropriate sanction. Appeal board members cannot be persons who served on the original hearing board. The appeal board shall, within a reasonable time, in closed session after the opinions have been filed, and by majority vote either grant an appeal hearing or deny the appeal. If the hearing is granted, the appeal may be denied upholding the sanction; granted, and a new hearing ordered; or granted, and the sanction changed. The board will be limited to ordering a new hearing to the extent that in their judgment a defect in the original hearing is found which was sufficiently substantial to have changed the outcome in a significant manner. In considering the evidence presented at the hearing, it will order a new hearing on the merits only if a reasonable person could not have found as the hearing board, or the hearing officer, if an administrative hearing, did find on factual matters; and in considering the change of the sanction by reducing or increasing it, it will do so only in the clear abuse of discretion by the hearing officer, not as a matter of substituting the appeal board's judgment for that of the hearing officer.

(b) If an appeal is granted by the appeal board, the procedures for the appeal shall be as follows:

(i) Once the written appeal has been granted, an appeal hearing will be held within a reasonable time, not to exceed seven days, convenient to the student, the complainant, and the appeal board.

(ii) An official record of the appeal hearing shall be kept by the university judiciaries.

(iii) The accused student may be represented by his or her parents, a member of the university community, or by legal counsel.

(iv) The appellant may present all reasonable new evidence or arguments to show the merits of the appeal. The appellee may present evidence in rebuttal. Evidence by the appellant shall not be considered as requiring a new hearing below unless the evidence shows that the members of the hearing board or the hearing officer were apparently unreasonable in judgment as to procedural fairness or sanction imposed. To the extent the evidence meets the standards in paragraph (B)(2)(a) above, the university appeal board can grant a new hearing below.

(v) The chairperson shall determine the procedures of the appeal hearing and preserve its orderly operation and request the director of university judiciaries to provide all pertinent information.

(vi) The appeal board shall make the final determination by majority vote as to whether the appeal of the original decision will be (a) denied, upholding the sanction; (b) granted and a new hearing ordered; or (c) granted, and the sanction changed.

(vii) Once the appeal board has made the determination, the student and the director of university judiciaries shall be notified in writing of the decision by the chairperson within three days (seventy-two hours) from the conclusion of the appeal hearing.

(viii) Normally the decision of the appeal board is final. However, written. appeals under extremely unusual circumstances may be made to the office of the president.

(3) Administrative judiciaries.

(a) The student appearing before the administrative judiciaries shall be notified in writing of the hearing at least three days (seventy-two hours) in advance; except in the case of a violation of code C which requires twenty-four hour notice. This notification shall include (i) a statement of the rule or regulation the student allegedly violated, (ii) a specific statement of the operative facts constituting the alleged violation, (iii) the time and place of the hearing, and (iv) a statement of the policies and procedures to be followed at the hearing. A student may waive the three-day notice and a formal hearing at the administrative judiciary level. If the student fails to appear at a scheduled heaving, without being excused, the hearing may proceed without him or her.

(b) The hearing officer of the administrative judiciaries shall assure an orderly hearing process so that the policies protecting the student are upheld. The general operating procedure of a hearing is as follows:

The hearing officer shall insure the student understands the policies and procedures of the hearing. The complainant and the student in that order shall present their evidence as to the alleged violation. The student and the complainant have the opportunity to examine all "written evidence and question all witnesses. The hearing officer may examine all written evidence and question all witnesses.

(c) The hearing officer shall have the responsibility to insure the proper development of the evidence. He or she shall rule on all procedural questions raised during the hearing and on the admissibility of all evidence to be presented.

(d) After the evidence has been presented, the complainant and the student, in that order, shall summarize their positions. The hearing officer shall determine whether from the preponderance of the evidence there was a violation of university regulations, and if so, what sanction should be imposed,

(e) If a violation of university regulations is found, the hearing officer shall then, after his or her study, impose an appropriate sanction as determined by him or her from (i). the evidence presented at the hearing, (ii) the prior disciplinary record of the student, (iii) disciplinary precedent, and (iv) the guidelines specified in the code of student conduct, codes B or C .

(f) The hearing officer shall forward a written report of his or her decision to the student and to the 'director of university judiciaries for placement in the student's official disciplinary file. Decisions of the hearing officer are subject to review according to the appeal procedure.

(4) Residence judiciaries.

(a) A student referred to the residence judiciaries shall have the case heard by the appropriate green coordinator, who shall have jurisdiction over violations of code C offenses, provided these occurred in or affected the residence hall system specifically on the green for which the coordinator is responsible. The coordinator has the right to transfer jurisdiction in a case to the administrative judiciaries with permission of the director of university judiciaries.

(b) Once a green coordinator has received a referral, he or she shall serve written or verbal notice within twenty-four hours to the student to appear at at specified time and place. Once a meeting is scheduled the case may proceed without the student should he or she fail to appear without being excused.

(c) The green coordinator shall be responsible for assuring that the student has a change to present his or her position. Following persentation of the evidence that there was a violation of university regulations, the student shall be entitled to present testimony or evidence in his or her own behalf.

(d) The green coordinator shall determine whether from the preponderance of the evidence there was a violation of university regulations, and if so, impose a sanction in accordance with guidelines specified in the code of student conduct, code C

(e) The green coordinator shall forward a written report of his or her decision to the student and to the director of university judiciaries for placement in the student's official university file. Decisions of the coordinator are subject to review by the director according to the appeal procedure.

Effective: 3/14/2015
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15
Prior Effective Dates: 3/16/1978

3337-4-03 Ohio university's procedures to implement H.B. 1219.

(A) If any student, faculty member, staff member or employee of Ohio university is arrested and charged with an offense covered by division (D) of section 3345.23 of the Revised Code, the arresting authority, with the cooperation of the university officials, will notify the president of the university. (Division (B) of section 3345.22 of the Revised Code).

(B) The president shall then notify the chancellor of the Ohio board of regents of the arrest and notify the appropriate civil service official if the employee arrested is a member of the classified civil service. section 3345.22 Division (e) of the Revised Code).

(C) Each student, faculty member, staff member or employee arrested shall be afforded a hearing before a referee appointed by the board of regents in Athens county within five days of their arrest, subject to reasonable continuances for good cause of up to ten additional days, to determine whether the person arrested and charged shall be immediately suspended from Ohio university or be placed upon strict disciplinary probation. ( Division (A) of section 3345.22 ( ) of the Revised Code) The university will initiate the following procedures to aid this determination:

(1) Upon request of the board of regents or the referee, the university shall assist the referee in providing notice to the person arrested of his hearing before the referee. ( Division (B) section 3345.22 of the Revised Code)

(2) Upon request by the board of regents or the referee, the university shall assist in locating adequate off-campus facilities for the hearing.

(3) The university advocate shall have the responsibility of insuring the adversary nature of the hearing by performing a prosecutorial function, including requesting subpoenas be issued, presenting witnesses, introducing and presenting evidence, and recommending whether the person charged should be immediately suspended from the university or be placed upon strict disciplinary probation .( Division (D) of 3345.22 of the Revised Code)

(D) The university shall have the following responsibilities after the hearing before the referee has been completed:

(1) The office of university judiciaries shall provide written notice by certified mail to any student, faculty member, staff member or employee of Ohio university of his immediate suspension or strict disciplinary, probation status after his hearing before the referee; ( Division (E) of section 3345.22 of the Revised code.) and, if suspended, the order not to enter upon university property without express permission from the board of trustees or the president. ( Section 3345.25 of the Revised Code)

(2) Upon official notice by the referee, disciplinary records shall be kept as to any student, faculty member, staff member or employee immediately suspended from Ohio university or placed upon strict disciplinary probation. When it is determined by a probation officer, the university security force, or the university administration, that evidence exists which, on hearing, would in all probability justify a finding that the individual on probation had violated the terms thereof, and the university advocate has been advised thereof and upon review concurs, then the university advocate will notify the president, who shall then notify the chancellor of the board of regents and request that a hearing be conducted to determine the question of probation violation. Division (E) of section 3345.22 of the Revised Code)

(E) Upon completion of the trial the university shall have the following responsibilities:

(1) Upon official notification to the university by the trial court, the office of university judiciaries shall keep disciplinary records as to any student, faculty member, staff member or employee dismissed for one year as a result of his conviction of one of the offenses covered in division (D) of section 3345.23 of the Revised Code. ( Division (B) of section 3345.23 of the Revised Code. The office of university judiciaries will also inform all other state assisted colleges and universities of persons dismissed from Ohio university. If any student, faculty member, staff member or employee applies to Ohio university for admission, re-admission, employment or re-employment after the one-year period of dismissal, the office of university judiciaries, after consultation with the admissions office or the appropriate university officials, shall inform the president of the application, and the president shall inform the board of trustees for their decision as to the acceptance of the application. ( Division (A) of section 3345.23 of the Revised Code.)

(2) If a student, faculty member, staff member or employee of Ohio university is convicted of one of the offenses covered by division (D) of section 3345.23 of the Revised Code, the president shall notify him of his dismissal in writing by certified mail sent to his address as recorded on the university and court records. ( Division (B) of section 3345.23 of the Revised Code)

(F) If a final judicial determination results in acquital, or if the immediate suspension or conviction is reversed upon appeal, the student, faculty member, staff member or employee shall be reinstated to Ohio university. The office of university judiciaries shall then expunge the person's disciplinary records relating to. immediate suspension, strict disciplinary probation or dismissal. ( Division (F) of section 3345.22 of and division (E) of section 3345.23 of the Revised Code)

Effective: 3/14/2015
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15
Prior Effective Dates: 3/16/1978

3337-4-05 Ohio university student records policy.

(A) Underlying principles. Ohio university's commitment to its educational mission and to the students and society it is obligated to serve demands that it maintain various records.-No education records will be maintained that are not directly related to the basic purposes of the university. All policies and practices governing the collection, maintainance, review, and release of records will be based upon the principles of confidentiality and the student's right to privacy,, consistent with the Family Educational Rights and Privacy Act of 1974. This policy shall govern the collection, maintenance, review, and release of student records on the Athens and regional campuses of Ohio university. A "student'' is herein defined to mean any person for whom the university maintains education records or personally identifiable information, but does not include a person who has not been in attendance at the university or any of its regional campuses.

(B) Types of records. The university recognizes two general types of records: education records and unofficial records.

(1) Education records. "Education records" are defined as those records, files, documents, and other materials which contain information directly related to a student, and which are maintained by the university, or by a person acting for the university. Education records shall be subject to the principles regarding collection, maintenance, review, and release which are described below:

(a) Education records include, but are not limited to, the following: Admissions records maintained by the office of admissions and the graduate college office. The director of admissions or the dean of the graduate college are the official custodians of these records:

(b) Academic records maintained by the dean of the student's college; academic departments; the office of registration; student records and scheduling; and the extension division. The registrar; the deans of the colleges, or the chairpersons of the departments are the official custodians of these records.

(c) Disciplinary records maintained by the university judiciaries. The assistant director of legal affairs is the official custodian of these records.

(d) Financial aid and student employment records maintained by the office of student financial aids and scholarships. The director of the office of student financial aids and scholarships is the official custodian of these records.

(e) Placement records maintained by the placement and internship service office. The director of placement and internship service is the official custodian of these records;

(f) Housing records, including contract and lease agreements, maintained by the housing office. The director of housing is the official custodian of these records;

(g) Financial records by offices which initiate, collect, and record fees assessed and paid; and,

(h) Any and all other records not specifically designated as unofficial records, paragraph (B)(1)(b) maintained by a university office or agency as essential to fulfilling the basic purpose and responsibility of the office or agency. The university official responsible for that office or agency is the official custodian of these records.

(2) Unofficial records.

(a) Unofficial records include: Records of institutional supervisory, and administrative personnel, and faculty and educational personnel ancillary thereto which are not accessible or revealed to any other person except a substitute. A substitute means an individual who made the record and does not refer to an individual who permanently succeeds the maker of the records in his or her position;

(b) Records and documents of university security, provided that the records and documents are kept apart from the records described in subsection a- of this section, which are maintained solely for law enforcement purposes, and which are not available to persons other than law enforcement officials of the same jurisdiction or other university law enforcement personnel;

(c) In the case of persons who are employed by the university but who are not in attendance, records made and maintained in the normal course of business which related exclusively to such person in his or her capacity as an employee and which are not available for use for any other purpose;

(d) Records which are created or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his or her professional capacity, and which are created, maintained or used only in connection with the provision of treatment to the student, and which are not available to anyone other than persons providing such treatment; provided, however, that such records can be personally reviewed, upon written notice by the student, by a physician, or by other appropriate professional of the student's choice;

(e) Directory information, including the student's name, address, telephone number, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degree, and awards received, most recent previous educational agency or institution attended by the student, and other similar information; subject, however to the limitation in paragraph (6)(4) of this rule.

(C) Maintenance of records. Education records shall be maintained only by university administrative personnel assigned responsibility for each of the types of records listed in section 2 above. All university personnel involved in the handling and maintenance of education records shall be instructed concerning the confidential nature of such information and their responsibilities regarding it, pursuant to this policy and the Family Educational Rights and Privacy Act of 1974. This instruction should be a part of each office's orientation procedure.

(D) Persons authorized to place materials in record files. Only the following qualified persons are permitted to place information in an education records file: personnel in the office or agency responsible for maintaining the files; and the individual student or others at the request of and, therefore, with the consent of the student.

(E) Challenging or removing file contents.

(1) A student has the right to a formal hearing, pursuant to and in compliance with sections 99.20 through 99.22 of the Regulations to the Family Educational Rights and Privacy Act of 1974 , before the student records committee to challenge the content of such student's education records in order to insure that the records are not inaccurate, misleading, or otherwise in violation of the privacy or other rights of students, and to provide an opportunity for the correction or deletion of any such inaccurate, misleading, or otherwise inappropriate data contained therein, and to insert into such records a written explanation respecting the content of such records.

(2) However, the student shall first attempt to informally resolve his or her grievance throught the department chairperson, of his or her college, or, in the case of other records, through the administrative officer responsible for maintaining the records. The office responsible for maintaining the records may charge reasonable fee, but not more than two dollars per page, for the production of the records. The department chairperson, dean, or administrative officer, after careful review of the facts Surrounding the challenge, shall inform the student, in writing and within five days after the student presents the challenge, of his or her decision and any corrective action that will be taken.

(3) If the student is dissatisfied with the results of his or her informal challenge through the department chairperson, dean, or administrative officer, he or shall shall then file a formal complaint with the chairperson of the student records committee. The student records committee shall conduct a hearing and notify the student in writing of the results of such hearing within thirty days.

(F) Student access to records. A student who is or has been in attendance at Ohio university shall have the right to inspect and review the contents of his or her education records, subject only to reasonable arrangements concerning time, place, supervision, and cost of reproduction of the records; but in no case shall the time be more than thirty days after a request has been made. Costs of each reproduction shall not be greater than two dollars per page. Exceptions to this general right of review are:

(1) Confidential financial records of the student's parents or any information contained therein;

(2) Confidential letters and statements of recommendation, which were placed in the education records prior to January 1, 1975, as long as such letters or statements are not used for purposes other than those for which they were specifically intended, as determined by the administrative officer responsible for the office or agency where the record is kept;

(3) If the student has signed a waiver of the student's right of access under this' section and the Family Educational Rights and Privacy Act of 1974, confidential recommendations respecting admission to any educational agency or institution, respecting an application for employment, or respecting the receipt of an honor or honorary recognition. A student or a person applying for admission may waive his or her right of access to confidential statements described in paragraph (c) this rule , except that such waiver shall apply to recommendations only if the student is, upon request, notified of the names of all person making confidential recommendations, and such recommendations are used solely for the purpose for which they were specifically intended. The student may revoke, in writing, the previous waiver of his or her right to access to confidential statements or recommendations. Such revocation shall only apply to confidential statements or recommendations placed in the record after the waiver has been revoked. Such waivers may not be required as a condition for admission to, receipt of financial aid from, or receipt of any other services or benefits from the university.

(G) Release of student records. Student records at Ohio university are held in trust by the university for the mutual benefit of the student and the educational mission of the university. Therefore., except with the prior written consent of the student, or as otherwise stated below, no information in any student education record file may be released to any individual or organization.

(1) Record-keeping personnel may have access to student education records according to the conditions stipulated in paragraph (c) above.

(2) Members of the faculty and staff and other persons demonstrating a legitimate educational interst may have access to student education records for internal educational purposes or for necessary administrative and statistical purposes only. The legitimate educational interest will be determined by the university official responsible for the particular student's education record. Legitimate educational interest is used here in its traditional and classical sense. It means that, in order to serve students and the university, careful, considerate, and responsible judgments must be made by professional people who are responsible and accountable for these judgments. The rights of grievance and appeal are available to the student through the responsible official, and if necessary, to the university studnet records committee.

(3) Direct access to financial, medical, psychological, and placement files is limited to the professional and clerical staff responsible for those matters.

(4) The following information will be considered public, and may be published in a university publication: The student's name, address, telephone number, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, the most recent previous educational agency or institution attended by the student, and other similar information. Relative to such public or directory information, the university shall give public notice of the categories of information which shall be considered public information, and shall allow a reasonable period of time after such notice has been given for a student to inform the university that all of the information designated should not be released without the student's prior consent.

(5) Direct access to disciplinary files is limited to the staff of the office of legal affairs, and the dean of students and his or her immediate staff. This section shall not be construed so as to prohibit the office of legal affairs from advising appropriate university offices that demonstrate a legitimate educational interest of the facts and disposition of a particular disciplinary case, nor shall it be construed so as to prohibit the office of legal affairs from advising any person demonstrating a need to know as to whether a disciplinary file does or does not exist.

(6) Medical and psychological information is legally confidential and privileged. It will not be released to anyone without the express written authorization of the individual involved. In such cases, the individual must designate what information is to be released and to whom that information is to be released.

(7) Notwithstanding the provisions of paragraph (6)(1) to (G)(6) this rule:

(a) Education records will be released on compliance with a judicial order, or pursuant to any lawfully issued subpoena, upon condition that the student is reasonably notified of all such orders or subpoenas in advance of the compliance therewith by the university.

(b) Records or information from records containing personally identifiable information may be made available to officials of other schools or school systems in which the student seeks or intends to enroll, upon condition that the student be notified of the transfer, receive a copy of the records if desired, and has an opportunity for a hearing to challenge the content of the record.

(c) Records or information from records containing personally identifiable information may be released in connection with a student's application for, or receipt of, financial aid.

(d) Records or information from records may be released to the parents of a dependent student, as defined in section 152 of the Internal Revenue Code of 1954. The university presumes for this purpose only that, all students are independent. The parents of a student have the burden to show dependent status as defined in section 152 of the Internal Revenue Code of 1954.

(H) Record of access. Each office shall keep with the education records of each student a record which will specifically indicate the legitimate interest that each such person, agency, or organization, other than other school officials and persons designated in paragraph (6)(7) above, has in obtaining this information. Such record of access shall be available only to the student, the school official and his or her assistants who are responsible for the custody of such records, and to person or organizations authorized to conduct an audit pursuant to the Family Educational Rights and Privacy Act of 1974. The record should include the name of the individual or agency requesting information, reason for the request, date of the request, and the disposition of the request. The office responsible for the records shall, upon a request in writing by the student, provide a copy of the records disclosed and charge the appropriate fees therefore. Education records or information therefrom shall only be transferred to a third party on the condition that such party will not permit any other party to have access to such information without the written consent of the student.

(I) Retention of records. Each record-keeping office will establish and make available a reasonable and justifiable policy regarding the retention of records after the separation of the student from the university. Where legal statutes govern retention, such policies shall be in accordance with those statutes.

(J) Holds on release of records. Unmet university financial obligations, or pending disciplinary cases, may result in a hold being placed on the release of student records. The office originating the hold must inform the student in writing that it has initiated such action. Copies of hold notices will be maintained by the originating office of agency and will serve as verfication that written notification has been provided the student.

(K) Implementation and enforcement. A standing university student records committee consisting of student, faculty, and administrative representatives shall be established and empowered to supervise the implementation and enforcement of student records policies and to adjudicate disputes and grievances attendant to those policies. The membership of this committee should include at least two people who are familiar with student record keeping and processing, and one person who has a legal background.' The ombudsman should be notified of and should be free to attend all committee meetings. Decisions of the committee may be appealed by the student or by the individual responsible for maintaining the file or record in question. The appeal should be made to the dean of students whose decision shall be final.

(L) Incorporation of federal law. The Family Educational Rights and Privacy Act of 1974, and the regulations enacted in pursuance thereof, are hereby incorporated by reference into this policy; and, to the extent that this policy conflicts with the law and/or regulations, the law and/or regulations shall take precedence.

Effective: 3/14/2015
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15
Prior Effective Dates: 3/16/1978

3337-4-07 Centralized student employment policy.

Ohio university has established a centralized student employment service to provide job opportunity information for all students in a central location on campus in the office of student financial aids. The purpose of the creation of the student employment office in 1964 was to assist in hiring students for part-time jobs and to assure, as far as possible, uniform wage rates for comparable tasks performed by student employees, the centralized student employment service maintains this original purpose, serves to maximize employment opportunity and job placement, and facilitates the coordination of student employment policies and procedures. The information in this handbook will assist students in seeking job opportunities on the Athens campus of Ohio university and in the surrounding Athens community.

(A) The student employment "clearinghouse".

(1) All departments utilizing student assistance on Ohio university's Athens campus and many private, off-campus employers in the surrounding Athens community will post all employment opportunities in the office of student financial aids, Chubb hall, room 020. Assistantships, which are forms of graduate student employment, are available to students admitted to the graduate college in an unconditional status and are also posted in the office of student financial aids. Faculty and/or administrative university contract positions and civil service positions are excluded from the centralized student employment posting in the office of student financial aids. Vacant student employment positions are posted through the centralized student employment service and include the following information on a job request form.

(a) Job title.

(b) Job description and specific employment criteria.

(c) Pay rate.

(d) Hours per week and duration of employment.

(e) Name and address of employer.

(f) Number of students to be referred for interview.

(2) In order to be referred to interview for a potential part-time employment opportunity, the student should follow the procedure described below.

(a) The student should identify an employment opportunity on the job bulletin board located in the office of student financial aids (Chubb hall 1, room 020) and complete student employment application.

(b) The office of student financial aids will review the student's employment application prior to referral to determine:

(i) The relationship between the applicant's experience and skill as compared to job requirements specified on the job request form;

(ii) The eligibility of students receiving federal financial aid (basic opportunity grant, supplemental educational opportunity grant, national direct student loan, and/or college work-study program assistance);

(iii) If the student is already employed and, if so, for how many hours per week. This information will be forwarded to the prospective employer.

(c) Following review and approval of employment eligibility by the office of student financial aids, the student applicant receives a job referral card (top section completed) and proceeds to the prospective employer for a job interview.

(d) If the student is employed by the employing unit, the job referral card (bottom section) is to be completed by the employer and returned via the student to the office of student financial aids. When a job vacancy is filled and the job referral card is returned to the office of student financial aids, the centralized posting will be removed. The following forms must be completed to initiate payment for hours worked:

(i) Student employment authorization form,

(ii) State of Ohio employees withholding exemption certificate form II-4 ,

(iii) Federal withholding tax form W-4 .

(e) If the student is not hired, the employer indicates the specific reason(s) and completes the job referral card which is then returned to the office of student financial aids via campus mail. The department should also contact the office of student financial aids by phone (594-5471) if additional students are to be referred for interview. Some departments that employ large numbers of students (e.g., dining halls, library) may find it necessary to develop a priority list of "substitute" employees (used with some regularity) as a supplement to the regular student work force. The office of student financial aids should be provided with a copy of this substitute list no later than the third week after the beginning of each quarter. Thereafter, additions to the substitute list should be reported to the office of student financial aids at the end of each pay period. Substitutes will be given the opportunity to fill regular positions that become vacant prior to the position being re-posted. In rare cases, an emergency situation (e.g., unexpected resignations, absenteeism, and the need to fill vacant positions promptly at the beginning of fall quarter) will require that a student(s) be hired immediately. Such instances should be verified in writing by the hiring department head and transmitted to the coordinator of student employment. In this way, necessary hiring can take place and will be monitored to avoid abuse or excess.

(B) Ohio university student employment general information.

(1) Non-discrimination and affirmative action in employment practices. Ohio university is an equal opportunity and affirmative action employer. The student employment office, as part of the office of student financial aids, reaffirms the university's commitment to the policy that no employer may discriminate on the basis of race, sex, creed, ethnic origin or handicap in employment practices. Also, there will be no discrimination because of age except in compliance with age requirements of retirement plans or state and federal laws and guidelines. Furthermore, the office of student financial aids, as a part of Ohio university, shall conduct a vigorous affirmative action program in order to promote equal employment opportunities and to insure non-discrimination in all educational programs and activities.

(2) The student employee. A person who is or will be enrolled as a student at Ohio university and whose primary purpose for being at the university is the achievement of a degree, diploma, or certificate is encouraged to seek employment. Student employment in this regard is viewed as interim or temporary and incidental to the pursuit of a degree. Students registered throughout the quarter for ten or more hours at the undergraduate level and eight or more hours at the graduate level (i.e., "full-time" students) are eligible for student employment. Students employed during the summer may work regularly scheduled hours of employment exceeding twenty hours per week as long as they intend to be enrolled at Ohio university during the following regular academic year.

(3) Working hours. Working students should attempt to establish a reasonable balance between their academic' effort and work schedule. Consequently, student employees may not work more than twenty regularly scheduled work hours per week except during summer months and periods between academic sessions where regularly scheduled hours of employment may exceed twenty hours per week. At times other than summer months and periods between academic sessions, employment in more than one department is permitted as long as the student does not exceed a maximum of twenty hours of regularly scheduled work per week. The student employment office will monitor the hours worked by students to insure compliance with these hour maxima.

(4) International student employment. When classes are in session, the only authorization for employment for international students that normally is granted by the immigration service is for part-time employment. Although "part-time" has not been precisely defined by the immigration service, the general practice is for Ohio university to recommend not more than a maximum of twenty hours of work per week and for the immigration service to limit authorized employment to an amount not to exceed twenty hours of work per week. The only time an international student may be permitted full-time employment is for work during the summer vacation or to engage in employment considered as "practical training" when he/she has completed requirements for his/her academic degree, diploma or certificate. Practical training must be related to the student's major field of study and is expected to provide training not available in the student's home country. Students with F-l visa classification who wish to accept part-time employment on campus do not need authorization from the immigration service. The only stipulation of this service is that such employment "will not displace, a United States citizen resident." Ohio university does not encourage the international student to accept employment that might adversely affect his/her studies and immigration status. In order to maintain proper immigration status, the student with an "F-l" classification must take a full course of study, (as described in paragraph (B)(2) above). Students with "F-l" classification who desire permission for part-time off campus employment must file form 1-538 with the district office of immigration service after consultation with Ohio university's international student advisor located in the Burson house. The international student advisor is authorized to approve form 1-538 recommending the authorization for part-time employment be granted, provided the student is able to claim economic necessity as the reason for seeking employment and provided the proposed employment will not interfere with the student's satisfactory pursuit of a full course of study. International students are also eligible to pursue full-time summer employment as long as they (a) maintain status under section 101, (a)(15)(F) of the Immigration and Nationality Act ( INA), and are (b) enrolled in school for the next academic year or are eligible to be enrolled and intend to be enrolled, and (c) are in need of employment to supplement funds for necessary maintenance expenses. Detailed information regarding the employment of international students is available in the office of student financial aids or the international student advisor's office located in Burson house.

(5) College work-study program student employment. The federal college work-study program, under the administration of the department of health, education and welfare, provides for the employment of students who need financial assistance in order to attend college. The federal government stipulates that jobs listed under the college work-study program may not displace presently employed persons or fill regular job openings including student employment; therefore, work-study job openings are only to be used as a supplemental source of assistance.

(a) Student eligibility: To determine eligibility for college work-study program employment, a student must submit a financial aids application and supporting documents, since federal funds are utilized in this program, there are deadline dates during the spring quarter for submitting a college work-study program application. Application forms and additional information are available in the office of student financial aids, room 020, Chubb hall.

(b) Work hours authorized: The pattern of compensation under the college work-study program is consistent with compensation made to regular student employees at Ohio university. The number of hours per week that a student, is permitted to work relates to the guidelines stated in paragraph (B)(3) above and, in addition, the student's ability, academic schedule, and rate of pay.

(c) College work-study program administration: The college work-study program at Ohio university is administered centrally in the office of student financial aids. Students ape employed in either on or off campus work sites for public or private non-profit agencies or organizations throughout the summer and academic year. College work-study program employers currently pay twenty per cent of the eligible student's wage which is matched with eighty per cent federal funding.

(6) Federal restrictions regarding institutional assistance. In accordance with federal guidelines, students receiving federal financial assistance (basic educational opportunity grant, college work-study program, national direct student loan, and supplemental educational opportunity grant assistance), which may be awarded in combination with institutional or state funds, may not receive assistance in excess of their demonstrated financial need. Institutional student employment is considered to be a source of student aid and must be considered as a resource when computing the student's financial need. Financial need is determined by a financial aid officer's assessment of family and/or individual financial resources. A parents' confidential statement or student financial statement is used to support this review. If a student's financial aid, including student employment compensation, exceeds his/her demonstrated need as determined by the financial aid officer, his/her federal financial aid package may be reduced by an equivalent amount or the student may choose to terminate his/her employment position.

(7) Employment problems. Employment at any institution of higher education can be both challenging and rewarding as students attempt to support their educational effort through part-time work. It is also true that the many and varied pressures on student employees and employers occasionally generate employment-related conflicts. It is the responsibility of the supervisor to call any dissatisfaction, with the student's job performance to the attention of the student, to initiate a conference, and to record the problem and the results. A work performance report should be used to document the latter. Should a student have a complaint about the status, or conditions, of his/her employment, the following resolution procedure will be used. A copy of this procedure should be made available to each new employee and all supervisors of student employees:

(a) First step. Within five calendar days of the occurrence of a complaint-producing incident, the student should meet with his/her immediate supervisor to discuss the problem. Within five calendar days of this meeting, the supervisor should answer the complaint of the student. Employing departments are encouraged to implement "complaint forms" which should include, among other things: the student's statement of the complaint, and the date of occurrence, the date of the meeting, and the date and response of the employer to the student. Provision should also be made for recording the following defined steps in the complaint-resolution procedure. Every attempt should be made by both parties to resolve employment-related problems at this initial level.

(b) Second step. If the parties fail to resolve the matter at the first step, then within three calendar days after the completion of the first step, the student should submit a written complaint to the administrative head of the employing department. Within five calendar days after receipt of the written complaint, the administrative head shall meet with the student. Depending upon the nature of the complaint, the administrative head may, at his/her discretion, invite the supervisor to the meeting. Within five calendar days after this meeting, the administrative head shall submit a written answer to the student, the supervisor, the dean or division director responsible for the employing department, and the coordinator of student employment. In any case, every effort should be made by the administrative head to mediate and resolve the matter at this level.

(c) Third step. If the matter is not resolved at the second step, then within three calendar days after the completion of the second step, the student may submit a written complaint to the dean, or division director, who is responsible for the employing department. Within five calendar days after the receipt of the written complaint, the dean, or division director, shall schedule a meeting to discuss the complaint with the student. Depending on the nature of the complaint, the dean, or division director, may, at his/her discretion, invite the supervisor and/or the administrative head to the meeting. The coordinator of student employment shall be asked to assist the dean, or division director, in evaluating the complaint. Within five calendar days after this meeting, the dean, or division director, will submit a written answer to the student, the supervisor, the administrative head, the appropriate senior administrator, and the coordinator of student employment.

(d) Fourth step. If the matter is not resolved at the third step, the student may submit a written complaint within four calendar days after receipt of the answer provided under the third step to the student grievance board. The student grievance board will review the complaint, and, in keeping with its operating procedure, will make its recommendations to all parties concerned. Within seven calendar days after receipt of the written complaint, the student grievance board shall schedule a meeting to discuss the complaint with the student and the individual(s) responsible for the employing unit. The coordinator of student employment shall be available to the board as a resource person and consultant.

(e) Fifth step. If the matter is still not resolved, then within four calendar days after the conclusion of the fourth step, the student or the supervisor may submit a written appeal to have his/her complaint reviewed by the senior administrator responsible and accountable for the employing unit. If the appeal is granted, the senior administrator shall meet with the student and render a final decision on the matter within ten calendar days after receipt of the appeal.

(8) Work performance information. Due to the constant requests received from prospective after-graduation employers and the high value placed on job experience, Ohio university has established communication procedures concerning a student's work experience. Work performance reports are intended to be an indicator of the student's future employment potential. They are not in any way intended to be punitive and will only be released at the discretion of the coordinator of student employment on a "need to know" basis. If released, the student will be informed of the content. These records will be maintained in the office of student financial aids for one calendar year following termination of educational effort unless the student requests that they be incorporated as a part of placement office credentials. On campus employers utilizing student assistance should complete and return a work performance report to the office of student financial aids when:

(a) The student terminates employment as scheduled, or

(b) The student terminates employment for any reason prior to scheduled termination, or

(c) The student's employment is terminated. Work performance report forms are available at the student employment office, 020 Chubb hall.

(9) Resignation/termination. To protect future employment opportunities, student employees should give at least two weeks written notice to their employer when resigning from a university job. Employers should give student employees at least two week's written notice of termination, if the ending date of employment differs from the approximate dates specified on the date of employment and is for reasons other than disciplinary. In the case of flagrant, willful violations of university rules, resulting in immediate termination of employment "for cause" the office of student employment in student financial aids should be notified.

Effective: 3/14/2015
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15
Prior Effective Dates: 3/16/1978

3337-4-09 General policies affecting students.

(A) Your first amendment rights and community responsibilities. The most effective and responsible way to air one's views on university matters, or to seek change within the university or community, is through student and university governing bodies, established campus media, and recognized groups. Students can seek out Athens city and county officials and governing bodies. Each of these bodies is subject to petition, and ordinarily have open meetings for discussion of public issues. So, also, administrative officials of the university and town are receptive to private and public complaints and proposals respectfully made. A university ombudsman is available to work on all problems involving university policies. All members of the community need to realize that certain types of large gatherings in the street and especially on the college green have in the past gotten out of control and can do so again. Controlling a large crowd is difficult, especially when persons who are on the sidelines are provoked into joining. It is important to remember the consequences of crowd assemblies and to anticipate the effects of acts which may be unacceptable or illegal in the community. Persons present at any public display which violates university policy can be deemed, participants. At a time when protests or demonstrations become disruptive of any university process, bystanders will be expected to leave and will be subject to disciplinary measures and/or arrest if they do not. Any official curfew or restriction of access to any area announced by lawful town or university officials will be strictly enforced, and those who are moving about at times after these curfews or restrictions are made may be arrested. Violations of laws and university regulations will be met with disciplinary action, arrest, and/or removal from the university. Those who ""fail to comply with the orders of law enforcement officers and officials of the university acting in performance of their duties will be liable for university or civil prosecution. This duty to comply includes presenting proper identification on request or leaving buildings or areas when such officers deem it necessary in order to -protect the health, welfare, or safety of the university or members of the community. When students wish to organize a parade or demonstration, those arranging it should consult the university security office and city officials to ascertain whether or not their plans fall within legal limitations. They should also consult with the coordinator of student life programs on specific arrangements for use of any area or facility. These consultations should take place at least twenty-four hours before the event. Organizers shall see that every effort is made to assure that the event takes place in an orderly way, which will not interfere with the rights and privileges of others or with the orderly conduct of university affairs. The free flow of traffic, both pedestrian and vehicular, must be maintained at all times. No gathering will be allowed to take on the character of a riot. Should escalation in a protest or demonstration will be held responsible to university authorities. It cannot, be-overemphasized that the reputation of integrity of Ohio university can only be maintained through a climate of free inquiry. The university strongly supports the basic rights of all citizens to free assembly, speech and petition. Responsible exercise of these freedoms is incumbent on all members of the Ohio university community. Questions on first amendment rights should be referred to the director of university judiciaries.

(B) Administrative search and seizure policy. Ohio university, as a state institution of higher education, recognizes that there must be a balance drawn between its right to maintain an ordered educational environment and its students' constitutional right to privacy. In regard to its residence halls, Ohio university draws the balance through the use of an administrative search warrant policy. This policy is designed to maintain an ordered educational environment while protecting a student's right to privacy in his or her residence hall; and falls within the constitutional limits placed upon state action under the fourth and fourteenth amendments. The policy is further designed to reflect the principle of due process and fairness found in the constitution and criminal law; it complements the university's health and safety searches provided for in the residence hall contract, it complements searches authorized by a student's consent, and it reflects the university's concern for protection of the rights of all members of the academic community. To implement this policy, the following procedure will be complied with:

(1) All residence hall room searches, except those conducted by the university security police with a legally obtained search warrant, must be approved by the director of residence life or his or her designee.

(2) A room may be searched only if there is reasonable cause to believe that the student is using his or her room for a purpose in violation of federal, state, and local laws, or university regulations, "reasonable cause" being defined as facts and circumstances sufficiently strong to warrant a reasonable person to believe beyond mere suspicion that the room is being used for such a purpose.

(3) All room searches, other than those performed by university security police, will be carried out by the residence life staff. When the residence life staff feel such "reasonable cause" exists they will complete a search authorization form, specifying the applicant, date, room to be searched, occupant facts and circumstances constituting "reasonable cause," material to be seized, and names of two residence life staff members who will conduct the search. This authorization form will then be presented to the director of residence life or his or her designate for approval.

(4) If the director of residence life or his or her designate feels such "reasonable cause" does exist he or she will authorize in writing or by telephone an administrative search warrant form, specifying the room to be searched, its occupants, the material to be seized, and the residence life staff members authorized to conduct the search. This form will be given in duplicate to the residence life staff members authorized to conduct the search. If at any time, in the judgment of the residence life staff, the circumstances based upon the above statement of "reasonable cause" warrant immediate entry to the student's room, the green coordinator may approve the search warrant. After such an occurrence, the coordinator should contact the director of residence life, or his or her designate, as soon as possible. Such circumstances should be included in writing in the report filed in the office of residence life.

(5) In conducting a search the residence life staff members will attempt to have the occupant(s) of the room present. If present, the occupant(s) should be:

(a) given the reason for the search and material to be seized;

(b) presented a copy of the administrative search warrant; and

(c) informed that any material found may be used in a university judicial hearing, in a court of law or both. If the occupant(s) is not present, the search may be conducted with presentation of the administrative search warrant later.

(6) Should the search for specified material uncover other material indicating illegal activity or violation of university regulations it should also be seized.

(7) When the search is completed the residence life staff should complete a search inventory form, specifying the room search, name of occupants, residence life staff members authorized to search, and detailed explanation of material seized and ownership. This form should be forwarded to the director of residence life and all material confiscated secured by the residence life staff member authorized to search pending criminal prosecution and/or university judicial action.

(C) Alcoholic beverage policy. It is the policy of Ohio university to permit the possession and consumption of alcoholic beverages on campus if such possession and consumption are in accordance with the laws of the state of Ohio and the ordinances of the city of Athens. A brief review of these laws and ordinances is in order:

(1) No person who is under the age of eighteen may possess or consume alcoholic beverages of any kind;

(2) Persons who are at least eighteen years of age may possess and consume so-called low beer (containing not more than 3.2 per cent of alcoholic by weight);

(3) Persons who are twenty-one years of age or older may possess and consume any legal alcoholic beverage;

(4) No person may possess or consume from an open container of any alcoholic beverage in a public place or in sight of a public way (street, highway, sidewalk, etc.). Penalties for violating alcoholic beverage statutes are severe.

(D) Housing regulations. The following housing policy is commonly referred to as the "parietal rule". In essence, it requires that until they have earned ninety quarter hours of academic credit students must reside in university residence halls. Freshman status is defined as zero to forty-five hours of credit earned, and sophomore status is defined as forty-six to ninety hours of credit earned. A sophomore student who has fewer than ninety hours of credit at the conclusion of the spring quarter may petition to delay satisfaction of his or her housing status until the end of the summer in order to earn additional hours. For transfer and reenrolling students the number of hours earned will be subject to certification by the director of admission. For relocating students the number of hours earned will be subject to certification by the director of registration. Failure of a student to comply with this condition of registration is cause for denial or cancellation of registration. Exemptions, which must be requested in writing, are:

(1) A student enrolled for fewer than eight quarter hours during the fall, winter, or spring quarters and for fewer than three hours during summer session.

(2) A married student residing with his or her spouse within commuting distance of the university.

(3) A student residing with parents or guardian whose permanent residence is within commuting distance to the university,

(4) A sophomore student living in a recognized fraternity or sorority house.

(5) A student veteran of eighteen months or more active military service.

(E) Policy regarding illegal use of drugs. Ohio university is unequivocally opposed to the misuse of drugs, including marijuanas As a public institution, Ohio university has the responsibility of upholding federal, state and local laws regarding illegal use of drugs on campus. Students who choose to illegally possess or use drugs subject themselves to both arrest and prosecution, and university judicial action.

(F) Student complaints: academic and employment. The student complaint board reviews student grievances relating to academic and nonacademic matters, with the exception of disciplinary appeals. If a student has failed to satisfactorily resolve an academic grievance with the course instructor, department chairperson, college dean or other administrator, the board will hear the appeal and submit its recommendations to the appropriate parties. Any further appeal is made to the provost.

(G) Student dress and appearance policy. Members of the faculty or Ohio university staff shall not require students to adhere to any particular form of dress or appearance as a condition of admission to or membership in any class or university-sponsored activity unless the requirement has academic or other justifiable relevance to the particular course of study or activity or is made to insure the students safety. When a faculty member does find this necessary, these requirements are subject to the following conditions: A faculty or staff member may not set requirements of personal dress and appearance which violate civil law. Requirements regarding personal dress and appearance shall be published no later than the first meeting. Such requirements should be on file with the department chairman. When requirements of dress or appearance are made, they shall be such that they affect the student only during the particular class or activity in question, and time should be allowed within the class period for dressing.

(H) Student vehicle registration and parking. Any student, before driving and/or parking on university property, must register any motor vehicle owned by the student, a relative, friend, dealer or rental agency. Failure to register a motor vehicle or failure to park legally makes the violator subject to penalties as printed in violation notification citations. Student parking is avialable in university residence hall garages. Daytime parking in parking lots is restricted to students of junior, senior and graduate rank, commuters, and married students. Overnight parking on campus, except for renters of garage space, is not permitted without special permission. Motorcycles are not. permitted on university' property except in specially designated areas. Check with the security office for specific information. Parking permits for your guests can be obtained any time at the security office.

Effective: 3/14/2015
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15
Prior Effective Dates: 3/16/1978