(A) Policy statement and
purpose
The Bowling Green state university (BGSU)
community is committed to fostering an environment that is conducive to
academic inquiry, a productive campus life and thoughtful study and discourse.
The student conduct and conflict resolution fuction within the office of the
dean of students is committed to an educational and developmental process that
balances the interests of individual students, recognized student
organizations, and student groups with the interests of the university
community. Within our learning community, we endeavor to act on our core
values:
(1) Intellectual and
personal growth;
(2) Creativity,
innovation and entrepreneurism;
(3) Inclusion and
belonging;
(4) Collaboration with
each other and our partners; and
(5) Excellence in all we
do.
A community exists on the basis of shared values
and principles. BGSU strives to ensure everyone feels valued and respected and
is committed to rights protected by the First Amendment of the United States,
including, the freedom of speech and expression. At BGSU, students, recognized
student organizations, and student groups are expected to uphold and abide by
certain standards of conduct that form the basis of the code of student
conduct. However, in no event shall the code be used to discipline a student,
recognized student organization, or student group for speech which is protected
by federal, state, and local law.
Each member of the BGSU community bears
responsibility for their conduct and to assume reasonable responsibility for
the behavior of others. When members of the community fail to exemplify these
values by engaging in violations of the rules set within this code of student
conduct, the proceedings outlined within are used to assert and uphold the code
of student conduct.
The student conduct process at BGSU is not
intended to punish students, recognized student organizations, or student
groups; rather, it exists to protect the interests of the community and to
challenge those whose behavior is not in accordance with our policies. This
code of student conduct is intended to ensure that students, recognized student
organizations, and student groups conduct themselves in accordance with the
values of the university by participating in an environment which respects
differences of sex, sexual orientation, gender identity, gender expression,
race or color, marital status, ethnicity, religion or creed, ancestry, genetic
information, pregnancy, national origin, disability, age, and veteran's
status. Sanctions are intended to challenge moral and ethical decision-making
and to help bring behavior into accord with community expectations. When a
student, recognized student organization, or student group should no longer
share in the privilege of participating in this community.
The student conduct process is quite different
from criminal and civil court proceedings. Procedures and rights in student
conduct procedures are conducted with fairness to all but are not an extension
of, or replacement for, the local, state, or federal legal system. Due process,
as defined within these procedures, assures written notice and an opportunity
to be heard before an objective decision-maker. No student, recognized student
organization, or student group will be found in violation of the code of
student conduct without information showing that it is more likely than not a
policy violation occurred.
Students, recognized student organizations, and
student groups are responsible for knowing the information, policies, and
procedures outlined in the code of student conduct. BGSU reserves the right to
make changes to this code of student conduct as necessary and once those
changes are posted online, they are in effect. Students, recognized student
organizations, and student groups are encouraged to check online for the
updated versions of all policies and procedures.
(B) Definitions
(1) The term
"code" means the code of student conduct.
(2) The term
"student(s)" means any person who has a continuing educational
relationship with the university that lasts from the time they are admitted to
the university up through the date of graduation, withdrawal, or dismissal.
This term includes, but is not limited to:
(a) Newly admitted student(s) who have attended
orientation;
(b) Currently enrolled individual(s), including dual-enrolled
student(s); and/or
(c) An individual who has been enrolled in classes within the
prior two semesters (i.e., summer, fall, or spring).
(3) The term
"recognized student organization" menas a group of people who are
associated with each other and who have registered with the university as a
student organization as outlined in rule 3341-2-36 of the Administrative
Code.
(4) The term
"student group" means a group of people who are associated with the
university and each other, but who have no registered, or are not required to
register as a student organization (e.g., athletic teams, spirit groups,
military organizations, honor societies, musical or theatrical ensembles,
bands, and/or clubs).
(5) The term
"university official" includes any person employed by the university
and any person serving the university in an official capacity.
(6) The term "member
of the university community" includes, but isn't limited to,
students, recognized student organizations, university official, trustee,
faculty, staff, visitors, or any other person serving the university in an
official capacity. The dean of students or designee shall determine a
person's status as a member of the university community.
(7) For the purposes of
the code, the term "university premises" includes all land,
buildings, facilities, and other property in the possession of or owned,
leased, used, controlled, or supervised by the university, whether in Bowling
Green, Ohio, or elsewhere.
(8) The terms
"shall" and "will" are used in the imperative sense.
(9) The term
"may" is used in the permissive sense.
(10) The term
"day" means business days (Monday through Friday) when the university
is open, regardless of whether classes are in session. In determining any
deadlines as set forth in the code, references to a number of "days"
prior to or ofter occurrence of an event shall not include the day of the
event.
(11) The term
"complainant" means any person filing am incident report of alleged
misconduct or otherwise bringing a complaint to the attention of a university
official charged with receiving, investigating, and remedying a complaint.
(12) The term
"respondent" means a student, or recognized student organization
against whom an incident report of alleged misconduct has been filed under this
code. When the respondent is a recognized organization, the presiding officer
or an appointed student affiliated with the organization shall serve as the
offical representative throughout the conduct process.
(13) The term
"health" means physical and/or mental well-being.
(14) For the purposes of
the code, the term "residence hall" means any hall, house, or other
living unit owned or leased by the university for the purpose of providing
student housing.
(15) The term
"incident report" means any allegation of misconduct submitted
through http://bgsu.edu/reportit. The university also treats law enforcement
agency reports and citations as incident reports.
(16) The term
"conduct administrator" means an individual or entity authorized by
the dean of students or designee to facilitate the investigation and informal
resolution process involving alleged violations of the code.
(17) The term
"decision-maker" means an individual or entity authorized by the dean
of students or designee to facilitate the formal resolution process involving
alleged violations of the code.
(18) The term
"preponderance of the evidence" is the standard of proof for alleged
violation(s) of the code. A preponderance of the evidence means that, based on
all the reliable, relevant evidence and reasonable inferences from that
evidence, the respondent is more likely than not in violation of the
code.
(19) The term "not
in good conduct standing" is defined as a student, recognized student
organization, or student group that is currently on university conduct
probation. This standing is to alert a student, recognized student
organization, or student group that their behavior(s) do not adhere to the code
of student conduct and any subsequent policy violation(s) will likely result in
suspension or expulsion. Recognized student organizations and student groups
may choose to limit a student's involvement or participation with as well
as benefits from (e.g., receiving awards, scholarships, or forms of
recognition) when a student is not in good conduct standing.
(20) The term
"attempt" is defined as conduct that, if successful, would
constitute or result in the prohibited conduct.
(21) The term
"complicit" is defined as actions which encouraged and/or assisted
another in engaging in prohibited conduct.
(22) The term
"image" means "photograph, film, videotape, digital
recording, or other depiction or portrayal of a person or
persons."
(23) As used in the
"Non-Title IX Sexual Misconduct" section of the code,
"consent" and "incapacitation" have the same meaning as
used in university policy and rule 3341-2-41 of the Administrative Code: Title
IX sexual harassment policy and procedures.
(C) Code authority
Ultimate authority for student conduct is vested
in the board of trustees of the university. The board of trustees has delegated
authority for student conduct to the university's president. The dean of
students is the person designated by the president to be responsible for the
administration of the code. Conduct authority may be delegated to university
officials and committees as set forth in this code, in accordance with other
university policies, rules, or regulations, and as deemed appropriate by the
dean of students or designee.
(D) Jurisdiction
(1) This code applies to
the conduct of students, recognized student organizations, and student groups
that occurs on or off university premises, including conduct using university
computing or network resources, which adversely affects members of the
university community and/or the pursuit of its objectives including, but not
limited to, creating a positive academic environment, promoting responsible
citizenship, and fostering an inclusive community.
(2) This code applies to
a student's conduct if the student was considered a student, as defined in
this code, at the time fo the alleged incident, even if the student withdraws
from the university while a conduct matter is pending. This code applies to
recognized student organization's conduct if the student organization was
registered with the university as a student organization at the time of the
alleged incident, even if the student organization surrenders or loses its
recognition while the conduct matter is pending.
(3) This code may be
applied to behavior conducted online, via email, or other electronic medium.
Students, recognized student organizations, and student groups should also be
aware that online postings such as blogs, web postings, chats, and social
networking sites are in the public sphere and are not private. These postings
can subject a student, recognized student organization, or student group to
allegations of conduct violations if evidence of policy violations is posted
online.
(E) Violation of law and university
policy
An incident report may be filed against a
student, recognized student organization, or student group charged with a
violation of a law that is also a violation of this code if both violations
result from the same factual situation, independent of any pending criminal
prosecution or civil litigation. Proceedings under the code may be carried out
prior to, simultaneously with, or following criminal prosecution or civil
litigation.
(F) Intersection with Title IX sexual
harassment and policy and procedures
(1) The Title IX sexual
harassment and policy and procedures, rule 3341-2-41 of the Administrative
Code, has certain jurisdictional limitations. An allegation of prohibited
conduct as defined under that policy that is outside the scope of that
policy's jurisdiction, but within the jurisdiction of the university
under the code, will be treated as an allegation of prohibited conduct under
this code.
(2) A matter may be
referred for jurisdictional reasons from the Title IX process to the code
process at any time or may originate in the office of the dean of students and
will be considered non-Title IX sexual misconduct. Interim measures under this
code may be applied as warranted. The code process for a referred matter is set
forth in this code. The dean of students (or designee) will review each
referred matter to determine if additional incident reporting, conduct
meetings, or investigation are needed.
(3) If the respondent
disputes an allegation of prohibited conduct under this code, the case will
proceed in accordance with the hearing procedures set forth in the code. The
appeal process will follow in accordance with the code.
(G) Prohibited conduct
Any student, recognized student organization, or
student group found to have committed, attempted, or were complicit in one or
more of the following acts of prohibited conduct will be subject to sanctions.
The standard of proof in determining whether a student or recognized student
organization has violated the code is the preponderance of the evidence.
(1) Offenses against the
university community
(a) Acts of dishonesty including, but not limited
to:
(i) Furnishing or
submitting false information to the university or any university official
including making a false accusation of misconduct or knowingly reporting a
false emergency.
(ii) Furnishing or
possessing or selling false, falsified, or forged materials, documents,
accounts, records, identifications, or financial instruments.
(iii) Tampering with the
election of any recognized student organizations or student group.
(iv) Unauthorized use of
university, recognized student organization, or student group funds.
(b) Violation(s) of the university's community living
standards and/or residential living agreement.
(c) Violation(s) of other published university policies, rules,
or regulations. Such policies, rules, or regulations include, but are not
limited to: parking and traffic regulations, policies concerning recognized
student organizations and other published policies.
(d) Faculty have the right to control the classroom environment
and to permit or deny permission to do electronic video or audio recording at
their discretion. Unless otherwise expressly permitted by the instructor,
permission to record a class applies exclusively to the student who received
permission from the instructor. The recording may not be accessed or utilized
by any other individual. No replication of the recording may be made without
the instructor's expressed permission.
(2) Offenses against
persons
(a) Harm to others intentionally or recklessly causing
physical harm or endangering the health or safety of any person.
(b) Threatening behaviors conduct or actions that causes
a reasonable expectation of injury to the health or safety of any person,
damage to another's property, or that intimidates another person which,
through implied threats or acts, causes a reasonable fear of harm in another.
To determine whether a "reasonable fear of harm" exists, one must
examine the totality of the circumstances including whether the student,
recognized student organization, or student group was alleged to have engaged
in conduct designed to incite violence, or directed their actions towards a
specific individual(s).
(c) Unwanted conduct unwelcome conduct (including written
or electronic communication) that is so severe, pervasive, and objectively
offensive that it substantially interferes with the ability of a person to
work, learn, live or participate in, or benefit from the services, activities,
or privileges provided by the university.
(d) Discrimination or harassment see rule 3341-5-51 of
the Administrative Code: non-discrimination in employment and education which
prohibits:
(i) Adverse education
action taken under university authority against a person based upon that
person's protected class.
(ii) Unwelcome verbal,
nonverbal, or physical conduct directed toward a person that is based on the
person's protected class.
(e) Unauthorized recording or monitoring - using electronic or
other means to watch or monitor, and/or to make a video, audio, or photographic
record of any person in a location where there is a reasonable expectation of
privacy without the person's prior knowledge or permission in each
instance when such a recording is likely to cause injury, distress, or damage
to reputation. The storing, sharing, and/or distributing of such unauthorized
records by any means is also prohibited.
(f) Unauthorized distribution of personal information
(doxing) - using any means to publish or distribute personal or private
information of a person, without their consent, to harass that person, threaten
their physical safety, or encourage antoher to do so.
(g) Hazing - see university policy and rule 3341-2-49 of
the Administrative Code: anti-hazing policy.
(i) Hazing means doing
any of the following or pressuring, causing, forcing, soliciting, or coercing
any person to do any of the following, for the purpose of initiating,
admitting, or affiliating an individual into or with a student group or student
organization; continuing, reinstating, or enhancing an individual's
membership or status in a student group or student organization; or
perpetuating or furthering a tradition or ritual of a student group or student
organization:
(a) Engage in any conduct
prohibited by federal, state and/or municipal criminal law, regardless of
whether an arrest is made, or criminal charges are brought;
(b) Take into their body
any food, liquid (including alcohol), drug, or other substance that subjects
the person to a substantial risk of mental or physical harm; and
/or
(c) Cause or create a
substantial risk of causing mental or physical harm to another and/or engage in
any act or omission that contributes to the death of another.
(ii) See rule 3341-2-49
of the Administrative Code for reporting obligations and options, investigation
procedures, corrective action, and zero tolerance sanctions.
(iii) Per rule 3341-2-49
of the Administrative Code, the following acts constitute prohibited
conduct:
(a) Purposefully,
knowingly, recklessly, or negligently hazing any person.
(b) Involvement in the
planning of hazing and/or being present during hazing.
(c) Failing to intervene
to prevent or stop hazing if the individual has knowledge of a planned hazing
activity.
(d) Failing to assist or
seek assistance for if the individual knows or reasonably should know that
another is in danger from effects of hazing.
(e) Knowingly making a
false accusation of hazing.
(f) Failing to report any
information about past, current, or planned hazing.
(g) Failing to cooperate
in an investigation of hazing.
(h) Retaliating against
or taking adverse action towards any reporting party and/or person
participating in a hazing investigation or conduct proceeding.
(h) Retaliation A student, recognized student
organization, or student group shall not take any adverse action against any
person who files an incident report, brings forward a complaint or concern,
serves as a witness, assists, or participates in any investigation or in any
university proceeding.
(i) Non-Title IX sexual misconduct All complaints or
reports of sexual harassment, sexual assault, stalking, dating violence, and
domestic violence by or on behalf of students, recognized student
organizations, and student groups will initially be referred to the
university's Title IX coordinator or designee for review and
determination of whether the allegation is covered by rule 3341-2-41 of the
Administrative Code. If the alleged sexual misconduct is not within the
definitions or jurisdictional elements of the university's Title IX
sexual harassment policy and procedures, such alleged misconduct will be
referred to as "Non-Title IX sexual misconduct." The procedures for
Non-Title IX sexual misconduct are set forth in this code. Non-Title IX sexual
misconduct may refer to definitions within the university's Title IX
sexual harassment policy and procedures, but are not subject to that
policy's jurisdictional limitations. Non-Title IX sexual misconduct, as
prohibited by the code, includes:
(i) Sexual assault
as defined in rule 3341-2-41 of the Administrative Code: Title IX
sexual harassment and policy and procedures.
(ii) Sexual harassment
as defined in rule 3341-2-41 of the Administrative Code: Title IX
sexual harassment and policy and procedures.
(iii) Stalking as
defined in rule 3341-2-41 of the Administrative Code: Title IX sexual
harassment and policy and procedures.
(iv) Dating violence
as defined in rule 3341-2-41 of the Administrative Code: Title IX
sexual harassment and policy and procedures.
(v) Domestic violence
as defined in rule 3341-2-41 of the Administrative Code: Title IX
sexual harassment and policy and procedures.
(vi) Retaliation
as defined in rule 3341-2-41 of the Administrative Code: Title IX sexual
harassment and policy and procedures.
(vii) Violation of mutual
restrictions on contact between parties as defined in rule 3341-2-41 of
the Administrative Code: Title IX sexual harassment and policy and
procedures.
(viii) Sexual misconduct
sexual misconduct may include:
(a) Any intentional or
attempted touching of a sexual nature without consent that is not prohibited by
the Title IX sexual harassment and policy and procedures;
(b) Touching for the
purposes of sexual gratification in areas of the body that is not limited to
breasts, buttocks, groin, or genitals;
(c) Sexual exploitation
(such as, but not limited to voyeurism (whether in-person, from a hidden
location, or through electronic means); peeping; causing the incapacitation of
another for the purpose of compromising the person's ability to consent
to sexual activity; recording, photographing, or disseminating pornographic or
other private and/or sexual images or materials of another person without their
consent; forwarding or disseminating pornographic or other private and/or
sexual images to another person without their consent; demanding financial
compensation, sexual activity, or another benefit under threat of disseminating
pornographic or other private and/or sexual images of another; or any activity
that goes beyond the boundaries of consent);
(d) Lewd or obscene
sexual behavior, with or without the intent of sexual gratification, (such as
public masturbation, engaging in sexually explicit activity in public spaces
including online, exposure of oneself without another's consent, or
engaging in sexually explicit pranks). For purposes of this paragraph,
"consent" has the meaning as in university policy and rule
3341-2-41 of the Administrative Code: Title IX sexual harassment and policy and
procedures; and
(e) Intentionally or
knowingly exposing another person to a sexually transmitted infection without
the other's knowledge.
(3) Offenses against
property
(a) Attempted or actual theft of property or services of the
university or another.
(b) Possession of stolen property, whether the person knew
or reasonably should have known the property was stolen/belonged to
another
(c) Intentional, reckless, or negligent conduct that
results in damage of property of the university or another (including defacing
property or vandalism).
(d) Unauthorized possession, duplication, or use of keys
and other entry codes or devices to any premises.
(e) Unauthorized moving or improperly tampering with the
property of the university, or member of the university community.
(f) Unauthorized presence in or unathorized use of
property, resources, or facilities.
(g) Theft or other abuse of computer facilities, accounts,
or resources including, but not limited to:
(i) Unauthorized entry
into a file or university system to use, read, or change the contents, or for
any other purpose.
(ii) Unauthorized
transfer of or tampering with a file.
(iii) Use of another
individual's identification and/or university credentials.
(iv) Use of computing
facilities, accounts, or resources to interfere with the work of others.
(v) Use of computing
facilities, accounts, or resources to send obscene or abusive
messages.
(vi) Use of computing
facilities, accounts, or e-mail to send unsolicited or unauthorized messages
with the intention of reaching a mass of users.
(vii) Use of computing
facilities, accounts, or resources to interfere with normal operation of the
university computing system.
(viii) Use of computing
facilities, accounts, or resources in violation of copyright laws.
(ix) Any violation of the
university's information technology policies.
(h) Littering.
(4) Offenses disrupting
order or disregarding health and safety
(a) Drugs
(i) Use and/or
possession of controlled substances including prohibited cannabis or substances
derived from prohibited cannabis, except as expressly permitted by law. Note,
while Ohio has legalized both medical and recreational marijuana, the use,
possession, and/or storage of medical or recreational marijuana is strictly
prohibited on university premises and at university sponsored events and
activities because marijuana remains illegal under federal law.
(ii) Use and/or
possession of drug-related paraphernalia except as expressly permitted by
law.
(iii) The abuse, misuse,
sale, or distribution of prescription drugs.
(iv) Sell, distribute,
furnish, manufacture, cultivate and/or offer for sale of any controlled
substance or drug, except as expressly permitted by law.
(v) Intentionally or
recklessly inhaling or ingesting substances (e.g., nitrous oxide, glue, paint,
etc.) that will alter a person's state of mind.
(vi) Misconduct under the
influence of drugs including, but not limited to, operating a vehicle under the
influence of drugs or disorderly conduct due to the influence of drugs.
(b) Alcohol
(i) Use and/or
possession of alcoholic beverages except as expressly permitted by law and
university policy. This includes, but is not limited to, the underage
possession or consumption of alcohol.
(ii) Sell, distribute,
furnish, produce and/or offer for sale except as expressly permitted by
law.
(iii) Misconduct under
the influence of alcohol including, but not limited to, operating a vehicle
under the influence, disorderly conduct due to intoxication, or public
intoxication.
(iv) Failure of a
recognized student organization or student group to take all necessary steps to
ensure that no person under the legal drinking age possesses alcoholic
beverages at functions it sponsors or within any property or transportation it
owns, operates, and/or rents.
(v) Providing a location
for any individual to use or possess alcoholic beverages not expressly
permitted by law or university policy.
(c) Weapons
(i) Possession, storage,
or use of weapons including but not limited to firearms, compressed air-guns,
pellet guns, etc. on university premises except as expressly permitted by law
and university policy.
(ii) Possession,
storage, or use of dangerous materials including but not limited to fireworks,
explosives, or chemicals which are corrosive or explosive on university
premises except as expressly permitted by law and university
policy.
(iii) Use of any other
object not already mentioned used to intimidate, threaten, harm, and/or provide
force can be considered a weapon under this provision.
(d) Fire safety
(i) Failing to properly
evacuate during a fire alarm.
(ii) Falsely reporting a
fire-related emergency.
(iii) Tampering with or
improperly engaging a fire alarm, smoke detector, or sprinkler
system.
(iv) Improper use or
possession of fire safety equipment.
(v) Intentionally or
recklessly causing a fire, regardless of whether it damages property, or causes
injury to another.
(e) Gambling-illegal gambling or wagering.
(f) Disruptive behavior
(i) Disrupting and/or
interfering with university operations including, but not limited to,
obstruction of teaching, research, and/or administrative
activities.
(ii) Causing, inciting,
or participating in any conduct that unnecessarily disturbs others or disrupts
local municipalities including, but not limited to, participating in or
inciting a riot.
(iii) Creating a health
and/or safety hazard, including but not limited to, dangerous pranks, hanging
out of or climbing from/on/in windows, balconies, roofs, etc., violating
federal, state, local, or university public health and/or safety requirements,
or exceeding the maximum occupancy of a structure.
(iv) Failure to comply
with lawful orders of university officials or law enforcement officers acting
within the scope of their job duties, including but not limited to, failure to
identify oneself to these persons when requested to do so.
(v) An act, which
deliberately interferes with the freedom of speech of any member or guest of
the university community.
(vi) Public urination or
defecation in a place that is not intended for use as a restroom.
(g) Harm to animals - intentional physical harm or threats
of harm to animals, including but not limited to companion animals, service
animals, or emotional support animals. Lawful hunting and fishing is not
prohibited by the code. The care and use of animals involved in research
activities is governed by the institutional animal care and use committee and
not the code.
(5) Noncompliance with
the conduct process
This includes, but is not limited to:
(a) Failing to obey the directives of a university official,
conduct administrator, or decision-maker. (e.g., failure to appear at a conduct
meeting or hearing or to comply with interim actions or sanctions imposed on
under the code).
(b) Falsifying, distorting, intentionally omitting, or
misrepresenting information at a university proceeding, including but not
limited to, a conduct or investigatory meeting or hearing, or knowingly
initiating a false statement or complaint.
(c) Discouraging or attempting to discourage a person's
proper participation in, or use of, the conduct process whether in person or
via a digital platform such as e-mail or social media.
(d) Harassing and/or intimidating a university official, conduct
administrator or member of a conduct committee.
(e) Harassing and/or intimidating any person participating in an
investigation or conduct proceeding.
(f) Intentionally delaying a conduct investigation, meeting, or
hearing.
(g) Destroying or concealing information of an alleged policy
violation.
(h) Influencing or attempting to influence another person to
commit a violation of the conduct process.
(6) Shared responsibility
for infractions
(a) Any action or inaction that contributes to a violation of
university policies, including but not limited to, planning, causing,
facilitating, or aiding the violation, whether present during the violation or
not.
(b) Students, recognized student organizations, and student
groups may be held responsible for the conduct of their guests while on
university premises, at university-sponsored or supervised activities, and at
functions sponsored by any recognized student organization or student group
when the student or members of the recognized student organizations had
knowledge of, facilitated, or contributed to the guests'
misconduct.
(7) Violation of state,
federal, or local laws any act or omission that constitutes a violation
of federal, state, or local laws, which is not otherwise covered in this
code.
(H) Organizational and group
responsibility
(1) An incident report
may be filed against a recognized student organization or student group under
the code. A recognized student organization, a student group, and individual
students may be held collectively and individually responsible for violations
of the code, as well as for violations of the code conducted by those
associated with the recognized student organization or student group, which
includes guests and alumni. When an incident report is filed naming a
recognized student organization as respondent, the presiding officer and/or
students affiliated with the organization shall be required to participate in
meetings and hearings as representatives.
(2) The following factors
may be considered to determine if an activity or event is affiliated with a
recognized student organization or student group:
(a) Multiple members, alumni, or authorized representatives were
present during the activity or event.
(b) The purpose of the activity or event was related to
initiating, admitting, or affiliating an individual into or with a recognized
student organization or student group; continuing, reinstating, or enhancing an
individual's membership or status in a recognized student organization or
student group; or perpetuating or furthering a tradition or ritual of a
recognized student organization or student group.
(c) The activity or event was paid for by the recognized student
organization or student group, paid for by personal funds collected from one or
more members of the recognized student organization or student group, or paid
for by funds collected from one or more guest(s) of the activity or event.
(d) The activity or event occurred on property owned, controlled,
rented, leased, or used by the recognized student organization or student group
as well as any person affiliated with the recognized student organization or
student group.
(e) A reasonable person would associate the activity or event
with the recognized student organization or student group based upon
advertisement or communication concerning the activity or event.
(f) One or more officers or leaders of the recognized student
organization or student group helped plan or execute the activity or
event.
(I) Conduct in residential
facilities
Members of the university's residential
community are responsible for their own actions as well as for the actions of
their guest(s). Showing consideration for others and respect of university and
personal property are the basic foundations of community living. At times, it
may be necessary for the university to hold community members responsible for
their actions that violate university policies. Any resident who violates a
university policy, including the community living standards, may be held
accountable via this code.
(J) Interim measures
The dean of students or designee may impose
interim measures when they have reasonable cause to believe the student or
recognized student organization poses a threat to the safety and/or well-being
of others or if significant disruption to normal operations of the university
may occur; and/or when otherwise provied by law.
(1) Interim actions
(a) Interim actions may be implemented by a conduct administrator
or designee and include, but are not limited to: no contact directives(s);
restriction from specific classes, campus facilities, activities, or locations;
change of housing assignment; restrictions from entering certain institutional
property; requirement to secure a psychological or other relevant evaluation;
cease and desist mandates; restriction from facilitating or participating in
designated campus activities; other measures designed to promote the safety or
well-being of the parties and BGSU community, etc.
(b) An interim action shall remain in effect until removed or
altered by the dean of students or designee or as the result of the student
conduct process. With the exception of "No Contact" directives
implemented by the office of the dean of students, students or recognized
student organizations may challenge an interim action in writing to the dean of
students or designee within three days of the imposition of the interim action.
Failure to comply with an interim action may result in a referral to the office
of the dean of students and/or the BGSU police department or additional interim
actions including interim suspension.
(2) Interim suspension
(a) A conduct administrator or designee may impose or modify a
university suspension and/or residence hall removal for a student or recognized
student organization at any point during the conduct process. An interim
suspension or residence hall removal takes effect immediately upon notice being
sent.
(b) During an interim suspension, a student or recognized student
organization may be denied access to a living unit and/or to the campus,
including classes, and/or all other university activities or privileges for
which the student or recognized student organization might otherwise be
eligible. A recognized student organization shall discontinue all activities
during an interim suspension.
(c) A student or recognized student organization will receive
written notice of the interim suspension, including a description of the
alleged misconduct.
(d) The student or recognized student organization may within
three days of the imposition of the interim suspension, petition the dean of
students or designee for reinstatement.
(e) The petition must be in writing and must include supporting
documentation or evidence that the student or recognized student organization
does not pose, or no longer poses, a significant risk of substantial harm to
the health or safety of others or property.
(f) The written petition and the supporting documentation or
evidence will be reviewed by the dean of students or designee.
(g) The dean of students or designee may choose to meet with the
student or recognized student organization before deciding on
reinstatement.
(h) The decision of the dean of students or designee is
final.
(K) Filing an incident
report
(1) Any person may file
an incident report against a student, recognized student organization, or
student group alleging violation(s) of this code. An incident report shall be
made in writing and directed to the office of the dean of students or
designated office. Though anonymous complaints are permitted, doing so may
limit the university's ability to investigate and respond to a complaint.
Those who are aware of misconduct are encouraged to report it as quickly as
possible to the office of the dean of students and/or to the BGSU police
department.
(2) There is no time
limit on reporting violations of the code; however, the more time that has
elapsed before submitting an incident report, the more challenging it becomes
for university officials to obtain information and witness statements and to
make determinations regarding alleged violations.
(3) A complainant may be
asked to participate in the conduct meeting or hearing as a witness and to
present relevant information.
(4) After receiving an
incident report, a conduct administrator will conduct a preliminary inquiry
into the nature of the incident report, jurisdiction, and information
available. The conduct administrator may determine that there is insufficient
information to pursue an investigation, that the behavior alleged, even if
proven, would not violate the code, or may initiate an investigation to
determine if the incident report has merit and if it can be resolved by mutual
consent of the persons involved on a basis acceptable to the conduct
administrator. Such resolution shall be final and there shall be no subsequent
proceedings. If a conduct administrator determines the incident report has
merit and cannot be resolved by mutual consent, the conduct administrator may
participate in any subsequent conduct meeting or hearing to resolve the
incident report.
(5) The dean of students
or designee reserves the right to refer any incident report to any individual,
entity or committee other than a conduct administrator, decision-maker, or the
Title IX and sexual misconduct board.
(6) If a respondent fails
to keep a meeting with the conduct administrator, a hold may be placed on the
student's registration account and/or on the conferring of a degree, and
a decision regarding appropriate charges, responsibility and/or sanctions may
still be made.
(L) Communication
BGSU email is the official means of communication
with students regarding student conduct matters and constitutes written notice.
Students are responsible for all communication delivered to their BGSU email
address per university policy and rule 3341-6-43 of the Administrative Code.
When the respondent is a recognized student organization or student group, the
presiding officer or an appointed student affiliated with the organization or
group will serve as the point of contact for communication concerning the
conduct process.
BGSU may seek to deliver written notice via
regular U.S. mail, or a recognized mail carrier, to an address provided to the
university by the student, if the university determines that the notice was not
otherwise deliverable using the BGSU email. The student will be deemed to have
received the notice three days after the communication was provided to the mail
carrier.
(M) Investigation
(1) Respondents will have
the opportunity to meet with a conduct administrator to discuss the incident
report. During the investigation meeting, the respondent will:
(a) Review the incident report and other relevant
information.
(b) Be afforded the opportunity to be accompanied by one advisor
of their choosing and at their expense. Respondent may, at no cost, request an
advisor from the university's office of the dean of students. Advisors
are not allowed to speak or participate in the conduct process. Meetings will
not be scheduled around the availability of an advisor. Advisors may not appear
in lieu of the respondent. An attorney can be used as an advisor but is subject
to the aforementioned stipulations.
(c) Have an opportunity to respond to the incident report and to
present relevant information and/or witnesses. Witnesses are not character
references and must have relevant information concerning the alleged policy
violation(s).
(2) Based on the
information gathered during the investigation including statements from the
respondent, a determination will be made by the conduct administrator whether
the information presented warrants a charge of an alleged violation(s) of the
code, using the preponderance of the evidence standard of proof.
(3) Respondents will be
provided up to two days to choose between the informal and formal resolution
options. Should the respondent fail to decide, the case may be resolved without
the input from the respondent.
(N) Informal resolution
(1) The respondent will
receive, via electronic mail to the respondent's BGSU email address,
written notice that a complaint has been received prior to the conduct meeting.
(2) Respondents not
disputing alleged policy violation(s) may choose the informal process for
resolution of one or more violations of the code.
(3) The respondent will
have the opportunity to discuss sanctions with a conduct
administrator.
(4) A final determination
of sanctions will be provided in writing to the respondent through
email.
(5) As permitted by the
Family Educational Rights and Privacy Act (FERPA), victims of crimes of
violence will be notified of the resolution and the sanctions.
(6) Guidelines for the
implementation of sanction(s) are outlined in the sanctions section of this
code.
(O) Formal resolution-administrative
hearing
(1) Respondents disputing
the alleged policy violation(s) are entitled to a formal administrative hearing
before a decision-maker.
(2) Procedures for an
administrative hearing
(a) The respondent will receive written notice via electronic
mail of the hearing date at least three days prior to the hearing.
(b) By a date specified that is communicated via electronic mail
by the decision-maker, the respondent and conduct administrator may submit
materials for the hearing packet, which may include a list of witnesses for the
hearing, a summary of the information each witness is expected to provide,
advisor contact information, and any relevant documents, incident reports, or
statements the respondent and conduct administrator expect to present at the
hearing. In advance of the hearing, the decision-maker will provide the final
hearing packet, which will include all relevant documents, reports, or
statements pertaining to the investigation submitted by the respondent and
conduct administrator that were determined by the decision-maker to be relevant
to the hearing.. Materials not included in the hearing packet cannot be
introduced at the hearing.
(c) Prior to the hearing, a respondent may challenge the
decision-maker on the grounds of a conflict of interest that might affect
impartial consideration of the finding. The decision-maker will set a deadline
for the respondent to submit a concern regarding a conflict of interest in
advance of the hearing. The dean of students or designee will review any
submissions and make a final determination if a different decision-maker will
be assigned. This final determination will be provided to the respondent in
writing via electronic mail.
(d) The respondent may be accompanied by one advisor of their
choosing and at their expense. Advisors are not permitted to speak or
participate in a hearing. Hearings will not be scheduled around the
availability of an advisor. The respondent must include their advisor's
name, telephone number, and email address as part of their hearing packet
materials. Advisors may not appear in lieu of the respondent; however, an
advisor may consult with the respondent during a hearing and may assist with
preparation for the hearing. An attorney may serve as an advisor but is subject
to the aforementioned stipulations. Should an advisor not be able to attend the
hearing date, the hearing will still proceed.
(e) Admission to the hearing of persons other than the parties
involved (i.e., respondent, conduct administrator, will be at the discretion of
the decision-maker. Hearings will be closed to the public.
(f) For incidents involving more than one respondent, the
decision-maker will determine whether there will be one hearing or separate
hearings for each respondent. In joint hearings, separate determinations of
responsibility will be made for each respondent.
(g) In rare instances, the university may decide to formally
present a code case using legal counsel. In such cases, the respondent will be
given adequate notice in order to seek the assistance of legal counsel, if so
desired. In these instances, a staff member from the office of general counsel
or their designee will serve as the conduct administrator.
(h) The respondent is strongly encouraged to attend and
participate in the hearing; however, the respondent may choose to remain
silent. If a respondent fails to appear for a hearing, the hearing may proceed
without the respondent's presence. Although no inference shall be drawn
against a respondent for failing to attend a hearing or remaining silent, the
hearing may proceed, and the conclusion will be based on the evidence
presented.
(i) The respondent may request alternative accommodations in lieu
of being physically present at the hearing (i.e., a respondent may request to
participate via a virtual platform).
(j) There will be a single verbatim record, such as an audio
recording, for all formal hearings. The record will be the property of the
university and maintained according to the record retention policy of this
code.
(k) During an administrative hearing, the decision-maker will
exercise control over the proceedings. The decision maker is permitted to ask
questions. If any person is disruptive, they may be required to leave the
hearing.
(l) During an administrative hearing, the decision-maker will
determine whether information is relevant. Information will be considered
relevant if it directly relates to the facts of the alleged violation(s) or
appropriateness of a particular sanction. Formal rules of evidence (e.g.,
federal and state rules of evidence) shall not apply.
(m) The conduct administrator will be the first person to present
information regarding the investigation during the hearing.
(n) The decision-maker will have an opportunity to ask questions
to the conduct administrator pertaining to the investigation and/or alleged
policy violation(s). The respondent will also have an opportunity to ask
questions to the conduct administrator pertaining to the investigation and/or
alleged policy violation(s).
(o) The second person who may present information during the
hearing, is the respondent. The respondent may verbally respond to the
charges.
(p) The respondent, conduct administrator, and decision-maker may
ask questions. The decision-maker, at their discretion, may have questions from
the respondent and conduct administrator directed through them versus allowing
questions to be directly addressed to an individual.
(q) The decision-maker may disallow any question that seeks
information that is not relevant or may rephrase the question to limit it to
relevant information.
(r) Witnesses (other than the respondent and the conduct
administrator) will be excluded from the hearing until it is their designated
time to answer questions.
(s) The respondent and conduct administrator will be given a
final opportunity to ask concluding questions of one other.
(t) The decision-maker will have a final opportunity to ask
questions to the conduct administrator and the respondent pertaining to the
investigation and/or alleged policy violation(s).
(u) The respondent will be given an opportunity to make a
concluding statement pertaining to the facts of the case. Concluding statements
are limited to no more than five minutes. The hearing will end after the
concluding statement from the respondent.
(v) The decision-maker will consider the allegation(s) of
prohibited conduct to determine if there was sufficient information by a
preponderance of the evidence for a finding of responsibility for a code
violation(s) and will make the final determination of responsibility regarding
the charge(s) and will determine all sanctions.
(w) Prior conduct history will be considered for sanction
purposes only.
(3) Hearing outcome and
sanctions
(a) The respondent will have the opportunity to submit impact
mitigation statements prior to the hearing. If the decision-maker finds the
respondent to be responsible for prohibited conduct under the code, the
decision-maker will review any impact or mitigation statements and will
determine appropriate sanctions. The sanctioning process is to end the
prohibited conduct, protect the best interests of the BGSU community, and
promote the goals and objectives of this policy in a manner that supports the
university's educational mission. Sanctions may also be designed to
promote safety, deter similar behavior, and promote university
values.
(b) The decision-maker will provide a written notice via
electronic mail of the outcome of the hearing including a rationale for the
finding, and any appeal rights to the respondent.
(c) As permitted by FERPA or other applicable laws, victims of
crimes of violence will be notified of the resolution and the
sanctions.
(d) Guidelines for the implementation of sanction(s) are outlined
in the sanctions section of this code.
(4) Administrative
review
Respondents disputing the alleged policy
violation(s) of only the community living standards and/or residential living
agreement are only entitled to an administrative review. An administrative
review consists of the respondent submitting a written response. The written
response must include the reasons that the student is contesting the alleged
policy violation and provide additional information regarding the incident that
they want considered, which can include names and statements of witnesses who
have relevant information specific to the alleged violation. The administrative
review officer, who is a designee of the dean of students, will examine the
case, perform additional investigation if necessary, and render a finding
regarding responsibility for the alleged violation(s) of the community living
standards and/or residential living agreement and assign sanctions, if
appropriate. If the respondent requests an administrative review but does not
submit any additional information, the administrative review officer will
examine the case notes and proceed with rendering a finding regarding
responsibility for the alleged violation(s) of the community living standards
and/or residential living agreement and assign sanctions, if
appropriate.
(P) Amnesty
Student health and safety as well as removing
barriers that might prevent the reporting of conduct that endangers people or
property are substantial university interests. Per rule 3341-2-43 of the
Administrative Code, at the university's discretion of the conduct
administrator, amnesty may be extended on a case-by-case basis for minor
violations of the code of student conduct (e.g., possession or use of alcohol
or drugs) when seeking or obtaining medical assistance for self or others, as
well as when reporting alleged incidents that endanger persons or property.
(Q) Alternative resolution
program
This program allows students on a case-by-case
basis to resolve first-time incidents for minor violations of the code by
completing educational interventions that encourage students to reflect on
their decision-making, values, personal responsibility and community impact
without incurring a conduct record.
(1) Educational interventions assigned to
students participating in this program may include, but are not limited to,
classes, community service, presentations, workshops, and/or written
assignments. In situations involving alcohol and/or prohibited cannabis,
parental/legal guardian notification may occur.
(2) Participation in the program is at
the discretion of the conduct administrator, and students must complete all
educational interventions by the assigned deadline(s)
(3) Students who fail to successfully
satisfy all terms and conditions of this program may be referred to the conduct
resolution process for the original incident via the code.
(R) Restorative circle process
Restorative circles are facilitated by a conduct
administrator and allows students. and those negatively impacted by the
student's conduct. to engage in a facilitated dialogue to address conduct
incidents and the impact the student's actions had on the impacted
parties. During the restorative circle, an agreement is created to address the
needs of the individual(s) negatively impacted. The conduct administrator will
be responsible for documenting the agreement.
The dean of students or designee may determine
that the restorative circle process will effectively address incidents for
minor violations of the code where the student takes responsibility for
negatively impacting one or more members of the university community and may be
used as an outcome of the informal resolution process or the alternative
resolution program. However, for a restorative circle process to occur, all
those involved must agree to participate. Incidents involving true threats of
harm, speech that constitutes discrimination, harassment, or sexual misconduct
are not eligible for a restorative circle process.
(S) Sanctions
(1) Imposition of
sanctions - one or more of the following sanctions may be imposed upon any
student or recognized student organization found to have violated the
code:
(a) Warning a written reprimand specifying the
violation for which the student, recognized student organization, or student
group is being held responsible.
(b) University conduct probation University conduct
probation is for a designated period of time and includes the probability of
more severe sanctions, including suspension or expulsion, if the student,
recognized student organization, or student group is found in violation of any
university policy while on university conduct probation.
(c) Suspension separation of the student from the
university for a defined period of time, after which the student is eligible to
return, and a permanent notation is placed on the student's transcript.
While on suspension, the student is prohibited from being present on all
university property. Conditions for readmission or re-recognition may be
specified.
(d) Expulsion permanent separation of the student
from the university and a permanent notation is placed on the student's
transcript. The student may also be permanently prohibited from being present
on all university property.
(e) Withholding or revoking a degree The university
may withhold conferring a degree or revoke a conferred degree due to a finding
of prohibited conduct when the student would have been suspended or expelled
for the finding had the conduct process been completed prior to the awarding of
the degree.
(f) Educational sanctions work assignments, service
to the university, classes, workshops, papers, or other related educational
assignments.
(g) Restrictions and loss of privileges Specific
limitations may be imposed by the dean of students or designee and the terms of
this sanction may include, but are not limited to, the following:
(i) Reassignment to another university housing space or
facility or separation of a student university housing for a determined amount
of time, including permanently. Conditions for return may be specified if the
student is not permanently removed from university housing. In addition, a
student may be restricted from being present in specified university housing
locations.
(ii) Ineligible to hold any office in any recognized student
organization or student group or hold an elected or appointed office at the
university; or
(iii) Ineligible to represent the university to anyone
outside the university community in any way including: participating in the
study abroad program, attending conferences, or representing the university at
an official function, event, or intercollegiate competition as a player,
manager, or student coach, etc.
(iv) Denial or restriction of access to certain facilities
or of other privileges for a designated period of time.
(h) Restitution compensation for loss, damage, or
injury. This may take the form of appropriate service and/or monetary or
material replacement.
(i) Confiscation of prohibited property Items whose
presence is in violation of university policy will be confiscated and will
become the property of the university. Prohibited items may be returned to the
owner at the discretion of the conduct administrator or hearing chair and/or
BGSU police.
(j) Additional or alternate sanctions may be created or
designed as deemed appropriate to the offense with the approval of the dean of
students or designee.
(k) The following are additional sanctions that may be
imposed on any recognized student organization found in violation of the
code:
(i) Loss of status as a recognized student organization for
a defined period of time or permanently. The office of student engagement shall
notify any national or regional governing body with which the recognized
student organization is associated or that sponsors social, academic, or sports
events when such action is taken. BGSU reserves the right to alter or modify
sanctions if new or additional information is learned while an organization is
not recognized.
(ii) Loss or withdrawal of all student general fee dollars
or other university funding for a specified amount of time.
(iii) Restriction of privileges restrictions
assigned to a recognized student organization or student group that limit
specific activities, events, or operations for a specific period of time which
may include, but are not limited to:
(a) Representing the university in any official
capacity.
(b) Receiving awards or other forms of recognition from the
university.
(c) Maintaining an office or other assigned space(s) on
university property, including but not limited to, loss of small-group housing
in a university premises.
(d) Participating in intramurals or other university
activities.
(e) Being a sponsor, co-sponsor, or participant in
specified activities.
(f) Using university specified resources (e.g., facilities
or vehicles).
(g) Soliciting or selling items on campus.
(h) Traveling as a recognized student organization or
student group.
(2) Guidelines for sanctions. Any
sanctions will be proportionate to the severity of the violation and to the
cumulative conduct history of the student, recognized student organization, or
student group. In determining the sanction(s) to be imposed, the decision-maker
should take into account any mitigating circumstances and any aggravating
factors including, but not limited to, any provocation by the subject of the
conduct that constituted the violation, any past misconduct by the student, any
failure of the student to comply fully with previous sanctions, the actual and
potential harm caused by the violation, the degree of intent and motivation of
the student in committing the violation, and the severity and pervasiveness of
the conduct that constituted the violation. Misconduct motivated by bias for
classes protected by university policy, other than constitutionally protected
expression, may be considered an aggravating factor for sanctioning. Impairment
resulting from voluntary use of alcohol or drugs (i.e., other than medically
necessary) will also be considered an aggravating, and not a mitigating,
factor.
(3) Failure to complete sanctions or
attend a code of student conduct meeting may result in a university hold being
placed on a student's ability to register for subsequent semesters or
change a class schedule as well as the university may withhold the conferring
of a degree.
(T) Arrest or criminal conviction for crime(s) of
violence
After a hearing prescribed by section 3345.22 of
the Revised Code, students who are arrested for an offense of violence may be
immediately suspended from the university. Further, in accordance with section
3345.23 of the Revised Code, students are subject to dismissal if they are
criminally convicted of an offense of violence. As used in this paragraph, an
"offense of violence" means any of the following offenses (or
substantially equivalent offenses under local ordinance) that occurred on
university premises and/or affected persons affiliated with or property owned
by the university, or is committed in the immediate vicinity of the university
and an emergency has been declared: aggravated murder, murder, voluntary
manslaughter, involuntary manslaughter, felonious assault, aggravated assault,
assault, permitting child abuse, strangulation, aggravated menacing, menacing
by stalking, menacing, kidnapping, abduction, extortion, trafficking in
persons, rape, sexual battery, gross sexual imposition, aggravated arson,
arson, terrorism, aggravated robbery, robbery, aggravated burglary, burglary,
inciting to violence, aggravated riot, riot, inducing panic, swatting, domestic
violence, intimidation, intimidation of crime victim or witness, escape,
improperly discharging a firearm at or into a habitation or school, patient
abuse or neglect, endangering children or felonious penetration.
The processes and procedures under sections
3345.22 and 3345.23 of the Revised Code do not prohibit the university from
taking conduct action against the student under the code for the same conduct,
including but not limited to the imposition of an interim action/interim
suspension.
(U) Parental/legal guardian notification The
university reserves the right to notify parents/legal guardians of dependent
students regarding any conduct situation, particularly alcohol and other drug
violations. The university may also notify parents/legal guardians of
non-dependent students when under the age of twenty-one concerning drug
violations and alcohol violations. Parental/legal guardian notification may
also be utilized discretionarily by administrators when permitted by FERPA or
consent of the student.
(V) Resolution and sanctions for student
groups
The conduct administrator will determine if a
student group by a preponderance of the evidence after having investigated a
report of alleged misconduct. If this determination is made, the dean of
students or designee and the divisional or unit leader (e.g., dean or vice
president) will assign the appropriate sanction(s), and that decision is final
and unreviewable. For cases that fall under rule 3341-2-49 of the
Administrative Code (anti-hazing policy, the hazing prevention coordinator) or
designee with also assist with this determination.
(W) Appeals
(1) Right to
appeal
Unless otherwise specified, a respondent may
appeal the sanction(s) imposed by a conduct administrator (informal resolution)
or the decision rendered by the decision-maker or administrative review officer
(formal resolution). Appeals are not intended to re-hear or re-argue the same
case and are limited to the specific grounds outlined as follows:
(2) Grounds for
appeal
Appeals requests are limited to the following
grounds:
(a) A procedural or substantive error occurred that significantly
impacted the outcome of the hearing (e.g., substantiated bias, material
deviation from established procedures);
(b) To consider new evidence, unavailable during the original
hearing or investigation, that could have substantially impacted the original
finding or sanction. A summary of this new evidence and its potential impact
must be included; and/or
(c) The sanctions imposed are substantially disproportionate to
the severity of the violations.
(3) Appeal of informal
resolution
Appeals shall be made to the dean of students
or designee within five days of the date that the respondent was emailed the
sanction notification letter rendered by the conduct administrator. The appeal
shall be in writing and is limited to the sanctions imposed are substantially
disproportionate to the severity of the violations. The decision of the dean of
students or designee is final.
(4) Appeal of formal
resolution
Appeals shall be made to the dean of students
or designee within five days of the date that the respondent was emailed the
outcome of the formal resolution process as determined by the decision maker.
The appeal shall be in writing, stating the ground(s) for appeal. The decision
of the dean of students or designee is final.
(5) Appeal
proceedings
(a) An appeal is confined to the criteria set in this code.
(b) No appeal may be taken when conduct action is not imposed.
(c) The decision of the dean of students or designee is
final
(d) The written appeal and the supporting documents will be
reviewed in determining the outcome.
(e) The appeal officer may choose to meet with the respondent
before determining the outcome.
(6) Potential appeal
outcomes
(a) Uphold, modify, or eliminate the original sanction(s) in both
the informal and formal resolution processes;
(b) Dismiss the case or individual charge(s) against the student
or recognized student organization in the formal resolution process;
or
(c) Order a new hearing or remand the matter to the original
hearing authority, as appropriate. This process may include a new finding on
responsibility and, if applicable, sanctions.
(X) Implementation of sanction(s)
Sanctions are effective immediately upon notice.
Upon submission of appeal, sanctions will be held in abeyance until the appeal
process has been exhausted. New deadlines may be reassigned as necessary. The
dean of students or designee may impose interim measures during the appeal
process to ensure the safety and well-being of members of the university
community or preservation of university property.
(Y) Conduct records
Other than suspension and expulsion, conduct
sanctions shall not be made part of the student's permanent academic
record, but shall become part of the student's conduct record. All
incidents involving the imposition of sanctions other than suspension,
expulsion, and/or loss of status as a recognized student organization shall be
removed from the student's, recognized student organization's, or
student group's conduct record seven years from the year in which the
offense occurred. Incidents involving the imposition of suspension, expulsion,
and loss of status as a recognized student organization shall remain
permanently on a student's, recognized student organization's, or
student group's conduct record.
(Z) Refund policy
In the event of a suspension, expulsion, or
residence hall removal, the university will follow the regular tuition refund
schedule outlined by the office of registration and records. In the case of a
student residing on campus, the university will follow the regular refund
schedule concerning room and board.
(AA) Code of student conduct interpretation and
review
(1) Staff within the
office of the dean of students may develop procedural rules for the
administration of hearings that are consistent with provisions of this code.
Material deviation from student conduct rules will, generally, only be made as
necessary and will include reasonable notice to the parties involved, either by
posting online and/or in the form of written communication. The single
decision-maker may vary procedures with notice upon determining that changes to
law or regulation require policy or procedural alterations not reflected in
this code. The single decision-maker may make minor modifications to procedure
that do not materially jeopardize the fairness of the process for any party.
Any question of interpretation of the code will be referred to the dean of
students, whose interpretation is final.
(2) The code shall be
reviewed annually under the direction of the dean of students or designee.
Questions of interpretation regarding the code or student handbook shall be
referred to the office of the dean of students. In keeping with normal
university policy approval processes, the code and student handbook may, at the
sole discretion of the university, be amended at any time.
