Chapter 3342-4 University Policies

3342-4-01 University policy regarding student affairs.

Policy statement. The vice president for student affairs is responsible for the administration of the division of student affairs and for the development, implementation, and administration of services, policies, and procedures related to student support and general well-being, growth and development, health and wellness, student accessibility and accommodations, housing, student programming, student activities, student recreation, student conduct, veterans support services, adult student services and other areas necessary to meet the needs of a diverse student population, as delegated by the president.

The vice president for student affairs may delegate to the appropriate staff the authority to assist in the execution of these responsibilities.

Effective: 11/1/2016
Promulgated Under: 111.15
Statutory Authority: 3341.04
Rule Amplifies: 3341.01, 3341.04

3342-4-01.1 [Rescinded] Administrative policy regarding nondiscrimination by student organizations.

Effective: 11/1/2016
Promulgated Under: 111.15
Statutory Authority: 3341.04
Rule Amplifies: 3341.01, 3341.04
Prior Effective Dates: 11/4/1977, 7/10/1985, 8/16/1991, 5/24/1995, 6/1/2007, 3/1/2015

3342-4-01.2 Administrative policy regarding the registration of student organizations.

(A) Purpose. The university supports the right of individuals to organize and participate in organizations within the context of general university, student, alumni and community interests.

(B) Definitions.

(1) "Student member." One who is enrolled in at least three hours of Kent state university coursework. This includes Kent campus and/or regional campuses.

(2) "Affiliate member." One who is taking less than three hours or is not currently enrolled, but is interested in working with the organization's membership. Such members may not outnumber student members, may not hold office, vote for officers, or vote on the expenditures of money. Furthermore, they may not schedule university facilities or services on behalf of the organization. Such members must be elected yearly by a majority of voting members. Membership is for one year contingent on adherence to the organization's constitution which must include the rights and restrictions of affiliate members. Affiliate members are expected to know, understand and abide by all university rules and regulations as well. Affiliate members have no vote on organization matters and may not participate in discussions during meetings except by majority of voting members present.

(3) "Registered group" or "registered student organization." The status given to those student organizations which register with the center for student involvement. In order to be registered, a group must include at least five persons, all of whom meet the criteria for offices/representatives of student organizations under paragraph (B)(1) of rule 3342-4-01.3 of the Administrative Code.

(4) "Interest groups." A group os students that indicate interest in creating a student organization. Students in an interest group must provide a draft of their proposed student organization bylaws/constitution to a center for student involvement administrative staff member. Interest groups with Greek affiliation must follow the guidelines set in the Greek recognition policy.

(5) "Group function." An event, meeting or gathering of a registered group.

(C) Procedure.

(1) Registration. All student organizations, including but not limited to departmental groups, interest groups, recreational clubs, political groups, and nonchartered governmental organizations, are required to register with the center for student involvement and provide information.

Such information includes, but is not limited to, the organization's name and mailing address, a statement of its goals and purposes, and a statement concerning nondiscrimination based on the protected categories provided for in rule 3342-5-16 of the Administrative Code. This information will be made available to anyone requesting it, unless the organization specifically requests that it be restricted to those officially connected to the university, such as students, staff, and faculty.

(2) Responsibility. Registered groups are responsible for the conduct of their members and guests at group functions as well as for all costs incurred at such events.

(3) Use. Registration permits organizations to use university services and facilities, as for example the scheduling office for space needs or the student accounts office for accounting assistance. Additionally, only registered groups may request allocated funds derived from the student activity fee.

(4) Disclaimer. Registration does not imply either university approval or disapproval of the organization's purposes.

(5) The director of the center for student involvement or designee will make final determination regarding organizational registration and will adopt such procedures as necessary for the implementation of the registration process.

(6) Appeals. Appeals regarding granting or rescinding of registered group status may be made to the dean of students, which shall forward its recommendation to the vice president for enrollment management and student affairs or designee who shall make the final determination.

Effective: 8/3/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01, 3341.04
Rule Amplifies: 3341.04
Prior Effective Dates: 11/4/1977, 10/5/1979, 2/10/1984, 7/25/1989, 8/16/1991, 6/5/1995, 4/21/1997, 3/7/2000, 9/26/2005, 6/1/2007, 3/1/2015

3342-4-01.3 Administrative policy regarding participation in student activities.

(A) Purpose. A student's pursuits in extra curricular activities is an essential part of the overall educational opportunities offered at Kent state university. Students who seek to engage in these activities, whether specifically stated herein or otherwise, must meet certain eligibility requirements established either by the university, the student organization, or other entity.

(B) Student organization. Each student organization may set such additional requirements as may be appropriate to its own purposes. These requirements must be placed on file in the form of a constitution or bylaws, with the center for student involvement (CSI).

(1) Requirements.

(a) Any student that is provided a scholarship for a leadership position, as defined in rule 3342-7-05.3 of the Administrative Code, must be enrolled in at least eight undergraduate credit hours or six graduate credit hours.

(b) Any student that is provided a scholarship for a leadership position must maintain a cumulative grade point average of 2.25, free from academic probation or semester warning, and have passed at least six or more hours in the preceding semester of attendance. First semester students who are not officially classified under a transfer status are exempt from these requirements.

(c) All student officers and/or spokespersons of registered student organizations that is not provided a scholarship by university policy must maintain a cumulative grade point average of 2.25 and free from probation or semester warning.

(d) A single summer term does not impact eligibility except in regard to the cumulative grade point average. A two-term summer program has the same status as any other semester.

(e) The primary advisor and the president of each organization are primarily responsible for determining the eligibility of its participants and for enforcing the eligibility regulations. Any members of, or advisor to, an organization may request that the CSI staff determine the eligibility of officers of that organization on the basis of these criteria. Additionally, the CSI officer may initiate the checking procedure. If any students are ineligible to hold office, the advisor and president will be notified. Any student who is a participant in the activities described in this rule must withdraw from such activity at once if he becomes ineligible to participate. The primary advisor shall be required to review student standing at the beginning of each academic term.

(C) Intercollegiate athletics.

In order to participate in intercollegiate athletics, student must meet all NCAA and MAC eligibility requirements as they may be amended from time to time.

Effective: 8/3/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01, 3341.04
Rule Amplifies: 3341.04
Prior Effective Dates: 11/4/1977, 9/11/1979, 1/25/1980, 6/25/1989, 5/24/1995, 2/28/1997, 4/21/1997, 9/26/2005, 6/1/2007, 7/18/2008, 3/1/2015

3342-4-01.4 Administrative policy and procedures regarding publications by student organizations.

(A) Purpose. All student groups must have adequate funding to support their publication.

(B) Applicability. This rule applies to materials published by student groups. It covers only those materials not receiving funding from the student media board.

(C) Procedure. The center for student involvement is responsible for determining whether or not the group has adequate funding to support its publication.

(1) All registered student organizations receiving money from university funds must have publications approved by the director of the center for student involvement or designee, who will act in place of a major budget officer. The staff signature assures that the following verifications have been made:

(a) The group in question is a registered student organization;

(b) Sufficient funds exist in the treasury of the student group to support the publication;

(c) The publication being proposed does not involve an illegal use of state monies; and

(d) The spending of student activities funds is consistent with the original line item budget accepted by the undergraduate student government.

(2) Registered student organizations that do not receive university funds may choose to have publications processed through the publications office. If they decide to utilize the publications office of student media, the same policy and procedures will apply to them as to those organizations funded by the student media board .

Effective: 10/12/2015
Promulgated Under: 111.15
Statutory Authority: 3341.04
Rule Amplifies: 3341.01, 3341.04
Prior Effective Dates: 11/4/1977, 8/31/1979, 10/22/1993, 5/5/1995, 10/3/2005, 6/1/2007, 8/25/2014, 3/1/2015

3342-4-01.5 [Rescinded] Administrative policy regarding solicitation by registered student organization and university departments.

Effective: 11/1/2016
Promulgated Under: 111.15
Statutory Authority: 3341.04
Rule Amplifies: 3341.01, 3341.04
Prior Effective Dates: 11/4/1977, 9/18/1978, 10/26/1979, 10/18/1982, 2/10/1984, 12/20/1985, 6/5/1995, 5/9/1997, 3/7/2000, 6/1/2007, 3/1/2015

3342-4-01.6 Administrative policy regarding social events sponsored by registered student organizations.

(A) Definitions. A "social event" is any form of non-academic on campus entertainment sponsored by a registered student organization, to which non Kent state university student guests may be invited, that occurs after nine p.m. and at which dancing is a primary activity.

(B) General guidelines.

(1) All social events on the Kent campus or any regional campus will end no later than one a.m., for events scheduled Sunday through Thursday evenings; and no later than two a.m., for events scheduled Friday and Saturday evenings.

(2) It is required that the advisor or a designee (designee needs to be identified at least three business days prior to the date of the event) to the registered student organization be in attendance.

(3) Attendees and guests at social events must meet the following criteria.

(a) Kent state students of the Kent campus and regional campuses may attend any social events.

(b) Any students attending an Ohio university or college may attend social events provided they show a current university or college identification card, sign-in and are willing to be photographed or video taped for record purposes.

(c) All other guests must be accompanied by a current Kent state university student (one guest per student) and must be at least eighteen years of age, show identification and sign-in, in order to be admitted to the event. The accompanying Kent state university student must also sign as the person sponsoring the guest at the event and by doing so accepts responsibility for the guest's behavior at the event.

(4) Social events may not be advertised by the sponsoring organizations through off-campus radio, television or newspapers.

(5) The director of the office of campus life may grant exceptions to any guidelines listed in this value. Organizations requesting an exemption must do so in writing no later than ten days prior to the scheduled event.

(6) All security must be arranged ten business days prior to the scheduled event.

(7) University departments that are sponsoring a social event or co-sponsoring with a registered student organization are strongly encouraged to seek advice and consent from the office of campus life.

(C) Violations. Any violation of this policy will subject an event to immediate cancellation or termination and possible denial to the sponsoring organization of authorization to schedule future events.

Replaces: 3342-4-01.6

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 10/22/1986, 2/17/1989, 9/5/1995, 5/28/1997, 10/20/2002, 6/1/2007

3342-4-01.201 Operational procedures and regulations regarding the registration of student organizations.

(A) Purpose. A group wishing to register will first complete a registration form and information sheet and will forward this information to the office of campus life. This information will then be sent for review to the appropriate governing body or department.

(B) Requirements.

(1) Residence halls must petition Kent interhall council.

(2) Fraternities must petition interfraternity council.

(3) Sororities must petition panhellenic council.

(4) Academically related groups must petition the applicable academic department.

(5) All student publications must petition the student media and policy committee.

(6) All other undergraduate groups must petition the undergraduate student senate.

(7) All other graduate groups must petition the graduate student senate.

(C) Procedures.

(1) Each of the above reviewing bodies will be responsible for establishing appropriate procedures to insure the equitable processing of these requests.

(2) Review. While this review is in process, the requesting group may schedule space for a maximum of two organizational meetings or informational activities.

(3) Notice. A campus life staff member will determine if the information and registration materials fulfill requirements for registration and will make notification of the results within ten working days.

(4) Renewal. Registration is subject to annual renewal through submission of the renewal of registration form during the first three weeks of the fall term. Additionally, a new form must be filed any time during an academic year when new officers are elected.

(5) Affiliate members. The registration procedure must state whether the organization accepts affiliate members. If affiliate members are accepted, the officer or contact agent completing the registration form must certify by signature that all affiliate members have been notified in writing of their rights and restrictions regarding participation in the student organization. The organization will indicate the number of affiliate members on the registration form. The office of campus life provides relevant policies regarding affiliate membership to all student organizations.

(D) Denial and rescission. Registration may be denied or rescinded for the following reasons:

(1) If the appropriate reviewing body determines the group is not committed to serving the best interests of students;

(2) If any member (student or affiliate) places the organization in violation of the administrative policy regarding the registration of student organizations;

(3) If the proposed organization illegally discriminates against those seeking membership;

(4) If the organization fails to complete the registration process by the end of the third week of the fall term or by a later time set by the director of the office of campus life;

(5) If the organization has a university account with a deficit balance and has not made an adequate attempt to rectify the situation;

(6) If the organization no longer desires official registration status;

(7) If the organization has been found guilty of violations of university policy;

(8) If the organization does not have a faculty or staff member as recognized by the university as its primary advisor.

Loss of registration rescinds all privileges granted to a registered student organization. Members wishing to regain registered status must reinitiate the entire procedure outlined in this rule. Renewal of registration is not guaranteed; evidence must be presented in reference to current chances for success of the organization.

Replaces: 3342-4-01.201

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 11/4/1977, 9/11/1979, 1/25/1980, 6/25/1989, 5/24/1995, 2/28/1997, 4/21/1997, 9/26/2005, 6/1/2007

3342-4-01.601 [Rescinded] Operational procedures and regulations regarding the scheduling of fireworks and bonfires.

Effective: 11/1/2016
Promulgated Under: 111.15
Statutory Authority: 3341.04
Rule Amplifies: 3341.01, 3341.04
Prior Effective Dates: 9/18/1978, 9/30/2005, 6/1/2007, 3/1/2015

3342-4-02 University policy regarding administration of student conduct.

(A) Purpose. The university board of trustees is responsible by law for regulating the use of the grounds, buildings, equipment and facilities of the university. The board of trustees is also responsible for assuring that the conduct of the students, staff, faculty and visitors to the campus permits the university to pursue its educational objectives and programs in an orderly manner.

(B) Requirements.

(1) To meet these responsibilities, the board of trustees shall adopt standards of conduct for the students, faculty, staff, and visitors to the campus and may provide for suspension from classes or employment, expulsion from the university, and/or ejection from university property of persons who violate such regulations.

(2) The board of trustees shall provide for the administration and enforcement of its rules and may authorize the use of state university law enforcement officers and other university officials to assist in enforcing university policy and the law on the campus.

(C) Scope. In accordance with university policy, the president shall have the responsibility and authority for the discipline of all students. The authority to impose the formal sanctions specified in this rule may be delegated to university officials or hearing panels by the president. Disciplinary action under this rule may be taken against a person who has applied for admission as a student to the university, whether or not the individual is registered for classes. Disciplinary action may also be taken against student organizations. The president (or designee) review any case which comes within the purview of the university policy regarding administration of student conduct.

(D) Jurisdiction. The code of student conduct shall apply to conduct occurring on university premises, at university-sponsored activities, and to off-campus conduct that adversely affects the university community and/or the pursuit of its objectives. Behavioral conduct is the responsibility of each student from the time of application for admission through the actual awarding of a degree, even though conduct may occur before classes begin or after classes end, as well as during the academic year and during periods between terms of actual enrollment. The code of student conduct shall apply to a student's conduct (or student organization's) conduct even if the student withdraws (or the student organization ceases functioning/loses university-recognized status) from the university while a disciplinary matter is pending. The vice president for student affairs (or designee) maintains discretion to decide, on a case by case basis, whether the code of student conduct shall be applied to conduct occurring off campus.

(E) Procedural standards. Students and student organizations shall adhere to operational procedures for the administration of student conduct under this rule or rule 3342-4-02.1 of the Administrative Code. The procedural standards shall be readily accessible to all students and student organizations.

(F) Responsibility for administration of this policy. The primary responsibility for the supervision of student conduct at the university has been delegated to the vice president for student affairs. The vice president student affairs may establish such administrative procedures as are necessary to fulfill the intent of the code of student conduct. These administrative procedures shall be in writing and published in conjunction with the code of student conduct.

The president authroizes the vice president for student affairs to establish administrative procedures as necessary to fulfill the intent of this rule. The vice president for student affairs may delegate the responsibility to direct the student conduct process to the director of student conduct.

(G) All-university hearing board. In recognition of the student right to self-govern by and through the undergraduate student government, the all-university hearing board is established to administer non-conduct related matters involving students. Accordingly, the all-university hearing board shall not have the authority to intervene in the student conduct process administered by the university, and the purview of such board shall be limited to the scope as currently provided for in rule 3342-2-08 of the Administrative Code.

(H) Revisions. Updates and other changes to the code of student conduct shall be submitted to the vice president for student affairs. The vice president for student affairs retains the authority to immediately enact and enforce changes to the code of student conduct.

Effective: 8/1/2016
Promulgated Under: 111.15
Statutory Authority: 3341.04
Rule Amplifies: 3341.01, 3341.04
Prior Effective Dates: 11/4/1977, 9/11/1979, 1/25/1980, 8/7/1985, 8/30/1985, 10/2/1986, 10/16/1988, 2/24/1992, 10/14/1992, 9/17/1993, 10/28/1994, 5/8/1995, 1/25/1996, 2/14/1997, 9/26/2005, 6/1/2007, 10/14/2010, 10/1/2012, 10/2/2014, 3/1/2015

3342-4-02.1 Administrative policy and procedures regarding regulations for student behavior and administration of student conduct.

(A) Purpose. Paragraph (F)(1) of rule 3342-4-02 of the Administrative Code authorizes the vice president for student affairs to establish administrative procedures as necessary to fulfill the intent of this rule. The vice president for student affairs has may delegated the responsibility to manage the student conduct process to the director of student conduct.

(1) It is the responsibility of the director of student conduct to determine if referrals should be assigned to conduct hearings; provide student conduct hearings and officers with technical advice, training, and clerical support; establish procedures to ensure an ongoing evaluation of student conduct rules; collect and maintain all records of formal disciplinary action; establish means to inform all members of the university community of student conduct policies and issues; and serve as a consultant to students and staff in the administration of the student conduct process. This policy establishes procedural directions and is subject to change by action of the vice president for student affairs. The procedures are intended to assure proper implementation of the policy regarding administration of student conduct.

(2) The director of student conduct (or designee) is responsible for a review of information contained in an incident report, and reserves the right to add, adjust, or remove accusations prior to issuing a notice of hearing (which includes an incident report and pending accusations) for any case.

(3) After reviewing the information contained in an incident report, the director of student conduct (or designee) shall assign the appropriate process for resolution, including but not limited to a sanction hearing, hearing panel, or referral to student mediation services.

(4) The vice president for student affairs (or designee) may uphold, alter or reverse any student conduct decision.

(B) Student rights and procedural standards.

(1) The university shall provide respondents and complainants (either of who may be a student or members of a student organization) the following rights:

(a) For the respondent to be sent a written notice of accusations including the identity of the complainant(s).

Complainants name(s) may not be forwarded if the office of compliance and equal opportunity and affirmative action suggests a potential detrimental risk as a result of doing so.

(b) To be notified of the scheduled hearing in writing at least seventy-two hours in advance of the hearing

Respondents and complainants may waive this right if an earlier hearing date is agreed upon by the respondent and complainant and scheduled through the office of student conduct.

(c) To have a person or persons of their choice (not to exceed a total of two) accompany a respondent or complainant throughout the disciplinary process (individually referred to as a "conduct advisor"). A person serving in an advisory capacity may not participate directly in the hearing or address a hearing officer or panel on behalf of a student or student organization. The university is not responsible for supplying a conduct advisor.

(d) To participate in person or, upon request, have a logistical accommodation to participate outside of the hearing room (when necessary and/or requested in advance), during the entire proceeding except as per paragraph (C)(12)(a)(i) of this rule.

(e) To be given an opportunity to present evidence, including witnesses on the student's or student organization's behalf.

(f) To question the respondent/complainant and witnesses.

(g) To be informed of the outcome of the hearing in writing.

(h) To appeal, as defined in the code of student conduct and section (F) of this rule.

(2) In addition to paragraphs (B)(1) of this rule, complainants of accusations including gender/sexual harassment, harassment, and physical violence maintain the following rights:

(a) Indirect questioning may be conducted at the discretion of the hearing panel or officer, verbally or in writing, supplying questions to the hearing panel, hearing officer, or student conduct convener.

(b) To present or submit a "victim impact statement" and to suggest an appropriate sanction for consideration by the hearing panel if the accused is found in violation of the code of student conduct.

(3) Multiple complaints regarding the same incident shall be administered in the order they are received, and at the discretion of the director of student conduct (or designee).

(C) Procedures for student conduct hearings.

(1) Student conduct hearings are administrative procedures and do not follow the specific steps, methods, or standards of proof or evidence used in civil or criminal courts.

(2) Any member of the university community may file an incident report accusing a student or student organization ("respondent") of violating the code of student conduct. Incident reports may be submitted to the director of student conduct in writing. The director of student conduct (or designee) will determine if the allegations are within the parameters of university policy regarding the administration of student conduct (rule 3342-4-02 of the Administrative Code) and may assign appropriate accusations based on the information provided.

(3) Action. Formal disciplinary action shall be instituted against a respondent only after the director of student conduct has determined that such action, rather than medical or counseling services, or alternative conflict resolution / mediation referral, is appropriate.

(4) Type of hearing or referral. A sanction hearing may be assigned for violations that, even with a finding of responsibility, may not lead to suspension or dismissal from the university. A hearing panel may be convened when a respondent does not accept responsibility for accusations, or when assigned by the director of student conduct (or designee). All student organization accusations will be assigned to a hearing panel. The office of student conduct sends written notification to the respondent(s) as per the code of student conduct and paragraph (C)(5) of this rule.

(a) Sanction hearing A sanction hearing is composed of one hearing officer and facilitated by a student conduct convener. A student conduct convener may serve as a sanction hearing officer and function in both roles.

If a respondent, any time prior to the start of deliberation, informs the hearing officer and/or student conduct convener that responsibility for one or more accusations is not accepted, the sanction hearing is nullified and a hearing panel may be scheduled. The sanction hearing process will immediately cease and the hearing panel process will follow the code of student conduct and paragraph (C)(12) of this rule.

(b) Hearing panel A hearing panel is composed of three hearing officers and facilitated by a student conduct convener. The purpose of a hearing panel is to decide if a respondent is responsible for accusations, and if so, to apply educational sanctions. A student conduct convener may serve on a hearing panel and function in both roles.

(c) Referral to student mediation services. A student or student organization may be referred to student medication services in lieu of and/or in addition to a student conduct hearing.

(5) Notice. A respondent shall be sent a written letter that includes accusation(s) in addition to a copy of the corresponding incident report. A date and location for a hearing shall be set and sent in writing to the respondent(s) that will be no less than three calendar days and no more than thirty calendar days after the letter of accusation(s) and incident report has been sent. Time limits may be extended at the discretion of the director of student conduct (or designee); see paragraph (B)(1)(b)(i) of this rule for further information The letter of accusation(s) and incident report shall contain links to access information about the student conduct process, the code of student conduct, and accessibility of a conduct advisor.

(6) Separate hearings. In proceedings involving more than one respondent, a separate hearing may be requested by a respondent or complainant, and granted at the discretion of the director of student conduct (or designee). Also, upon reasonable request submitted in writing, a delay in the hearing may be granted by the director of student conduct (or designee). In all cases, the proceedings may be delayed no more than two times.

(7) Conduct advisor. A person serving in an advisory capacity may not participate directly in the hearing or address a hearing officer or panel on behalf of a student or student organization. If an accommodation is required for a respondent or complainant, a person such as an interpreter, sign language communicator, or physical needs assistant may attend a hearing and is may not be counted as a conduct advisor.

(8) Impartial hearing. Prior to the start of a hearing, a respondent and complainant may question a hearing officer regarding that person's ability to participate fairly in the hearing. Questions should be directed to the director of student conduct (or designee), who will decide whether or not to remove a hearing. If the director of student conduct (or designee) determines no changes are necessary the hearing will begin as scheduled; if changes are deemed to be necessary, a hearing may be delayed or rescheduled at the discretion of the director of student conduct (or designee).

(9) Standard of review. A hearing officer or panel shall evaluate the points of view presented by the respondent(s), complainant(s), and law enforcement/investigators and shall determine by a preponderance of the evidence (more likely than not) if the respondent(s) engaged in behavior that is a violation of university rules. The consideration of information presented will be conducted in a closed session(s).

(10) Closed hearings. All hearings are closed to the public. Attendees may include: respondent(s), complainant(s), law enforcement/investigator(s), hearing officer(s), student conduct staff /convener, and conduct advisor(s). Witnesses will be allowed in the hearing room only for introductions and when the student conduct convener and/or hearing officer authorizes entry.

(a) In situations where it is known that the student conduct process is in progress addition to a pending, current, or potential legal process, Kent state university general counsel may attend the student conduct hearing.

(b) For sanction hearings, where the respondent has already accepted responsibility for the accusations, complainants may not be asked to participate in the hearing process.

(11) Failure to appear. If a complainant, respondent, or law enforcement/investigator fails to appear to a scheduled student conduct hearing, the hearing will proceed in accordance with student conduct procedures.

(12) Hearing panel.

(a) Decorum. The hearing officer(s) and/or the student conduct convener are responsible for overall decorum of the hearing panel process, and may reasonably:

(i) Remove any person in attendance at a hearing panel if the hearing officer/convener believe the person to be disruptive, distracting, or inhibiting the process in any way.

(ii) Limit the time of any person presenting to the hearing panel.

(iii) Limit the number of witnesses if it is determined that the information they intend to share is similar in nature to other persons who have presented to the hearing panel.

(iv) End statements or questions if the hearing officer/convener determines that no new evidence is being offered.

(b) Hearing panel proceedings:. The order of the proceedings may be adjusted by the hearing officer/convener.

(i) Student conduct convener requests that all persons participating introduce themselves, state the reason for their participation, and the accusation(s) for the respondent(s). Witnesses are excused from the hearing.

(ii) The respondent(s) is provided an opportunity to share a description of the event(s) that brought about the alleged misconduct. Witnesses for the respondent are permitted at the hearing to share information, and then are excused from the hearing.

(iii) The complainant(s) is provided an opportunity to share a description of the event(s) that brought about the alleged misconduct. Witnesses for the complainant are permitted at the hearing to share information, and then are excused from the hearing.

(iv) Law enforcement/investigator(s) is provided an opportunity to share investigative reports and a description of the event(s) that brought about the alleged misconduct, including any witness information. Witnesses for law enforcement/investigator(s) are permitted at the hearing to share information, and then are excused from the hearing.

(v) Questioning

(a) Hearing officers may ask questions of all complaints, respondents, law enforcement/investigators, and witnesses participating in the hearing.

(b) Respondent(s) may ask questions of the complainant(s), witness(es), and law enforcement/investigator(s) (to clarify content of investigative reports).

(c) Complainant(s) may ask questions of the respondent(s) witness(es), and law enforcement/investigator(s) (to clarify content of investigative reports).

(d) In cases involving alleged acts of violence, gender/sexual harassment, and/or an interim action or no contact order prohibits communication, a student conduct convener or hearing officer may allow for indirect questioning.

Indirect questioning may be conducted at the discretion of the student conduct convener. The complaint(s) or respondent(s) may ask questions verbally or in writing, to the student conduct convener.

(vi) Hearing officers may allow for background information to be provided by the complainant(s), law enforcement/investigator(s), and/or respondent(s).

(vii) Hearing panel deliberates privately and comes to a decision by a simple majority.

(a) The hearing panel will use a preponderance of the evidence standard in making its determination (it is, or is not, more likely than not that the offense occurred, based on the information presented/provided).

(b) If the respondent(s) is found to be not responsible, the case is closed, pending the appeal process.

(c) If the respondent(s) is found to be responsible for at least one of the alleged accusations, the hearing panel assigns a sanction(s).

(viii) Hearing officer informs the respondent(s) and complainant(s) of the decision and, if responsible, the sanction(s). Hearing officer and/or student conduct convener informs the respondent(s) and complainant(s) of the right to appeal the decision(s) of the hearing panel.

(ix) Student organization hearings.

(a) Due to the coordination of multiple persons' schedules, hearing panels for student organizations may take place in more than one sitting.

(b) If, during the hearing panel process for a student organization, information suggests that an individual member(s) may have violated the code of student conduct, a separate hearing may be facilitated for the individual member(s) in accordance with the student conduct process.

(13) Sanction hearing proceedings. The sanction hearing process is consistent with the code of student conduct and paragraphs (C)(12)(a) and (C)(12)(b) of this rule.

(14) All student conduct hearing decisions are final, pending the appeal process.

(15) Decisions. A letter containing the decisions of a hearing and the procedures for appeal shall be sent to the respondent(s) (and complainant(s) where appropriate). Individuals and appropriate members of the university community who are affected by/involved in the decision may also be notified, including but not limited to: the president, vice president for student affairs, dean of students, academic dean(s), academic advisor(s), university registrar, bursar, residence services, psychological services, university health services, center for student involvement, recreational services, department of athletics, and university police services.

If the respondent(s) is not present, the decision may be sent to the respondent's official Kent state university email address. If the respondent's official Kent state university email address. If the respondent(s) is a student organization and is not present, the decision may be sent to the official Kent state university email addresses of minimally the president and vice president of the accused student organization.

(16) Retaliation based on participation in, or outcome of, a student conduct hearing, whether by an individual, a group of individuals, or a student organization, is expressly prohibited and may be referred for additional student conduct accusations and/or criminal charges.

(D) Appeals.

(1) Appeal of a decision from a student conduct hearing must be submitted by the respondent(s) or complainant(s) in writing to the office of student conduct within seven calendar days from the conclusion of the hearing (or the next available business day after seven calendar days - for example holidays or recesses). An appeal must be submitted using the appeal form available through the office of student conduct. The office of student conduct compiles the written appeal and documentation from the respondent(s), complainant(s), law enforcement/investigator(s), the student's disciplinary file(s), the digital recording of the hearing, and any additional information provided by the hearing officer(s) and submits these materials to an appeal panel.

(2) Appeals may be made on the basis that:

(a) The decision(s) was not in accordance with the evidence presented, and/or

(b) The decision(s) was reached through a procedure not in accordance with the code of student conduct, and/or

(c) New information is available which may suggest a modification of the decision(s), and/or

(d) For decisions resulting in suspension or dismissal from Kent state university only: sanction(s) imposed were not appropriate for the conduct violation for which the respondent(s) was found responsible.

(3) If the office of student conduct receives an appeal that does not meet any of the criteria listed in paragraph (D)(2) of this rule, it may reject the appeal.

(4) The director of student conduct (or designee) has the discretion to extend the date to appeal for extenuating circumstances.

(5) Composition. An appeal panel is composed of at least two Kent state university faculty, staff, and/or student hearing officers appointed by the vice president for student affairs who are trained by the director of student conduct (or designee). No member of the appeal panel shall have participated in the original hearing in any capacity.

(6) Authority. The vice president for student affairs (or designee) may:

(a) Accept or deny an appeal depending on the basis of the appeal, and/or

(b) Alter an assigned accusation, and/or

(c) Alter or reverse a finding of responsibility, and/or

(d) Alter or reverse any sanction decision, and/or

(e) Remand the case to another hearing. A case may not be remanded more than once.

(7) Timeline. An appeal panel will provide a recommendation in writing to the vice president for student affairs (or designee) within fifteen calendar days of receipt of the appeal. The vice president for student affairs (or designee) shall provide a written decision within fifteen calendar days of receipt from an appeal panel. The decision will be provided to the respondent(s) and complainant(s) in writing from the office of student conduct.

(8) Appeal decisions made by the vice president for student affairs (or designee) are final.

(E) Interim actions. When the vice president for student affairs (or designee) has reasonable cause to believe that a student(s) or student organization(s) may pose a risk to the safety or well-being of those involved or others in the university community, the student(s) or student organization(s) may be issued an interim action. Interim actions may include but are not limited to: no contact order(s); restriction from specific classes, campus facilities or locations; requirement to secure a psychological evaluation; cease and desist mandates; restriction from facilitating or participating in student organization business or activities; suspension of student status or student organization recognition; etc. An interim action shall remain in effect until removed or altered by the vice president for student affairs (or designee) or as the result of the student conduct process. A student or student organization may challenge an interim action in writing to the vice president for student affairs. Failure to comply with an interim action may result in a referral to the office of student conduct and/or the Kent state university police department.

(1) Interim suspension. An interim suspension immediately revokes a student's or student organization's access from all or any specific portion of university premises, university-related activities and/or registered student organization activities. An interim suspension will be confirmed by a written notice and shall remain in effect until the conclusion of an administrative hearing, student conduct hearing, or decision by the vice president for student affairs or designee). Such action may occur in conjunction with, or in lieu of, Ohio Campus Disruption Act (House Bill 1219) proceedings, at the discretion of the vice president for student affairs (or designee). A student or student organization may challenge an interim suspension in writing to the vice president for student affairs (or designee). Failure to comply with an interim suspension may result in a referral to the office of student conduct and/or the Kent state university police services.

(F) Voluntary and involuntary withdrawal. Rule 3342-4-02.5 of the Administrative Code is applied when a health emergency or condition renders a student's continued participation in university academics, programs, or services impossible, impractical or unsafe to any member of the university community. Voluntary and involuntary withdrawal may not preclude the student conduct process from occurring. In these specific instances, at the discretion of the vice president for student affairs (or designee), the student conduct process may be indefinitely delayed, and the student placed on ineligible hold, thus prohibiting future class registration. If/when the student attempts to re-enter the university, the pending student conduct proceedings may be reinstituted.

(G) Student organizations registered with the university. Resolution of a student organization issue pertaining to an alleged violation of university policy will be addressed through the student conduct process.

(1) A student organization and its officers and membership may be held collectively and individually responsible when violations of the code of student conduct by the organization, or its members take place. A student organization and/or individual members of a student organization alleged to have violated university rules, regulations, or policies may be referred to the office of student conduct for adjudication. If an incident involving a student organization is forwarded to the office of student conduct for adjudication, minimally the president and vice president (or equivalent executive positions) are considered representatives of the student organization, and will be provided notice in accordance with paragraph (C)(5) of this rule for participation in the student conduct process. The student organization/campus advisor may also be notified.

(2) Disciplinary hearings for student organizations follow paragraphs (C)(1) to (C)(16) of this rule.

(H) All-university hearing board. As stated in the university undergraduate student senate charter (provided for in rule 3342-2-08 of the Administrative Code), the all university hearing board is established to recommend sanctions regarding the violation of university rules and regulations. In addition, the all university hearing board is vested with the judicial authority for the undergraduate student government (USG).

(1) Jurisdiction. With regard to undergraduate student government, the all university hearing board shall have jurisdiction to hear and decide all cases concerning:

(a) Interpretations of the charter of the USG of Kent state university.

(b) The legality, with respect to this charter, of all USG resolutions and bills.

(c) Charges of fraud, malfeasance, or illegal procedure taking place within any general student election.

(d) Disputes between student organizations or between a student or students and any organization or organizations.

(I) Student mediation services.

(1) Student mediation services (SMS) is an informal option for seeking redress with an issue(s). SMS may be available for issues pertaining to students or student organizations. If all persons personally and directly affected by the conflict agree to attempt resolution through an alternative process (such as mediation, facilitated dialogue, etc.) and the director of student conduct (or designee) has not already assigned the formal student conduct process, than an SMS process may be available. The nature of some conflicts, especially those involving violence, may not be appropriate for SMS options.

(2) Participation in an SMS process may or may not result in an agreement or resolution. When a mutually satisfactory resolution is reached, the situation is considered resolved with no disciplinary record being maintained. Resolutions reached through SMS may not be appealed. If a resolution is not achieved through an attempt at SMS and the matter involves a potential violation of university policy, a complainant may initiate the formal disciplinary process from the university policy regarding administration of student conduct provided for in rule 3342-4-02 of the Administrative Code.

(3) The director of student conduct (or designee) may refer incidents to SMS in lieu of adjudication. Failure of a student or student organization to make a good faith and timely effort with SMS may result in the case being referred back to student conduct for adjudication.

(J) Ohio Campus Disruption Act. The Ohio Campus Disruption Act, passed by the 108th Ohio General Assembly (House Bill 1219), directly affects the operation of state universities in Ohio. The Act has specific ramifications for university students, faculty, and staff. In essence, any individual who commits an act of violence and is arrested for that violation is subject to immediate suspension from the university. The act reads in part that a student, faculty or staff member, or employee of a college or university which receives any state funds in support thereof who is arrested for any of the so-called "trigger" offenses listed within division (A)(9)(a) of section 2901.01 of the Revised Code shall be afforded a hearing, as provided in this act, to determine whether the accused person shall be immediately suspended from that college or university. Such hearings shall be held within not more than five days after an arrest of the accused person, subject to reasonable continuances for good cause shown. Continuances shall not exceed a total of ten days. If at the hearing the referee finds by a preponderance of the evidence that the person whose suspension is being considered committed any of the specified trigger offenses, the referee shall order the person suspended. Except for cases in which the good order and discipline of a college or university will be prejudiced or compromised thereby, the referee may permit the person to return to the college or university on terms of strict disciplinary probation. Subsequent violation of the terms of the probation automatically causes the provisions of the Ohio Campus Disruption Act to go into effect. Based on section 3345.23 of the Revised Code, the conviction of a student, faculty or staff member, or employee is cause for dismissal or suspension pursuant to section 3345.22 of the Revised Code.

(K) Family Educational Rights and Privacy Act (FERPA). Kent state university complies with the Family Educational Rights and Privacy Act of 1974 in its maintenance of student educational records. This act was established to protect the privacy of educational records, to establish the right of students to inspect and review their educational records, and to provide guidelines for the correction or deletion of inaccurate or misleading data through informal and formal hearings. Disciplinary records fit within the purview of FERPA.

(1) Parental notification. Pursuant to the Family Educational Rights and Privacy Act, the office of student conduct may send written notice to the parents and/or legal guardians of a student under twenty-one years of age who is found to be responsible for violating any state or local laws pertaining to possession, consumption, or inappropriate sale of any alcoholic beverages or controlled substances.

(L) Student disciplinary records.

(1) All hearings are digitally recorded. Recordings may be listened to or viewed by students wishing to appeal a decision. Recordings will be provided to the student only at the student's request and expense. Digital recordings are maintained only if an appeal is accepted and/or a sanction of disciplinary suspension or disciplinary dismissal is assigned.

(2) All student disciplinary records are maintained by the office of student conduct in accordance with the federal Family Educational Rights and Privacy Act, all state of Ohio laws, and the Kent state university records retention policy. See university administrative policy regarding public records (provided for in rule 3342-5-15.1 of the Administrative Code) for further details.

(3) Notation of a disciplinary record in any case shall not appear on a student's official transcript.

(M) Expunction. A student (current or former) may request expunction in writing to the office of student conduct regarding a student disciplinary record. Decisions regarding expunction made by the vice president for student affairs (or designee) are final and not subject to appeal, and may be based on behavior subsequent to the original violation, the nature of the original violation, and/or other relevant information or factors.

(N) Revisions and applicability.

(1) Revisions. Throughout any given year, changes to the code of student conduct may be approved. As members of the university community, students are encouraged to be aware of any public announcements concerning changes to the rules and regulations governing student behavior. Updates and other changes to the code of student conduct shall be submitted the director of student conduct.

(2) Applicability.

(a) This rule and the code of student conduct reflect language found in various university policies and procedures located in the Kent state university policy register. Revisions, changes or updates to the policy register are considered the authority in situations where conflicting information exists.

(b) See rule 3342-8-01.6 of the Administrative Code for the administrative policy regarding administration of student conduct pertaining to regional campuses.

Replaces: 3342-4-02.1

Effective: 5/30/2017
Promulgated Under: 111.15
Statutory Authority: 3341.04
Rule Amplifies: 3341.01. 3341.04
Prior Effective Dates: 11/11/1979, 8/30/1985, 5/2/1986, 10/2/1986, 6/4/1987, 10/12/1989, 10/14/1992, 4/20/1995, 9/26/2005, 8/7/2007, 10/14/2010, 9/10/2012, 8/14/2014, 3/1/2015, 9/11/1979, 7/18/1983, 9/30/1985, 10/22/1986, 7/25/1989, 9/18/1993, 4/2/1996, 3/7/2000, 6/1/2007, 11/30/2007

3342-4-02.2 Administrative policy and procedures regarding class disruptions.

(A) Policy statement. In the event of classroom disruption, under no circumstance is a member of the faculty expected to take physical action to control a disturbance. Faculty should also make every effort to discourage students from taking physical action against disrupters.

(B) Disruption of classes by students. Class order and discipline are the responsibility of the class instructor insofar as possible. In the event of a disruption, the following procedure should be followed:

(1) The instructor should ask student(s) causing the disruption to cease and desist. Identification of the student(s) involved should be attempted.

(2) The instructor should notify the disrupter(s) of possible suspension and/or dismissal from the class and of further possible action under rule 3342-4-02 of the Administrative Code (the student conduct code), or the Revised Code, or both.

(3) If disruption does not cease, the instructor should order the disrupter(s) out of the classroom and inform those involved that failure to do so will subject the disrupter(s) to student conduct sanction and/or criminal arrest.

(4) If the disruption continues, the university police should be immediately notified to resolve the problem.

(5) The instructor should not dismiss the class unless there is reason to believe that physical harm to person(s) or property is possible, or unless by allowing the students to remain, the disruption would increase.

(6) The instructor should subsequently notify the chairperson and/or dean of the incident to coordinate and facilitate the student conduct referral process.

Replaces: 3342-4- 02.2

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 11/4/1977, 9/11/1979, 10/22/1986, 9/26/2005, 6/1/2007

3342-4-02.3 Administrative policy and procedure for student academic complaints.

(A) Purpose. This administrative policy and procedure is established to provide an appropriate framework and method to resolve student complaints of an academic nature. As such, this policy is specifically designed to maintain the integrity of the academic environment and to ensure that the rights of students in such matters are clearly stated and protected.

(B) General guidelines.

(1) In initiating a complaint and throughout the formal appeals process, students may seek the counsel of the office of the student ombudsman. The student ombudsman will provide information, clarify procedures, and facilitate communication as requested.

(2) This student academic complaint policy, upon its approval, will become a part of each departmental/independent school unit's handbook as the applicable student complaint policy and procedure for the unit.

(3) It is understood that some issues may involve one or more policies which, because of either the nature of the complaint or the status of the complainant, may be related to university offices which have separate responsibilities for such policies. For example, an allegation of discrimination or sexual harassment could be reviewed separately by the office of affirmative action.

(4) There shall be no retaliation or abridgment of a student's rights resulting from the use of this policy.

(C) Regional campus academic complaints filed at a regional campus are covered by rule 3342-8-01.4 of the Administrative Code.

(D) Definition of terms.

(1) "Student" means any person enrolled at the university in a course offered for credit. \

(2) "Instructor" means any person authorized by appointment to teach in any course offering of the university; or who is involved in a professional capacity as a committee member or in other types of assessment or evaluation of student academic work.

(3) "Chair" means the chief administrative officer of a department, school, or program whose position is that of a first organizational level academic leader with a teaching faculty. In the case of undergraduate programs in an independent school, an assistant dean shall serve in the capacity of chair with regard to this procedure. In the case of graduate programs in an independent school, the dean serves in the capacity of chair with regard to this procedure.

(4) "Dean" means the chief administrative officer of a college who has programmatic administrative authority for the unit in which the action took place. The deans of the graduate school of education, the graduate school of management, and the graduate college shall be the appropriate dean for those respective graduate programs. The dean may designate an assistant or associate dean to fulfill the duties required by this procedure.

(5) "Department" means an academic unit headed by a chair, a dependent school headed by a director, or for purposes of implementation of this policy, an independent school headed by a dean.

(6) "College" means an academic unit headed by a dean and made up of several departments or dependent schools.

(7) "Student academic complaint" is defined as a formalized complaint regarding those aspects of the educational process involving student performance, evaluation, or grading in courses.

(8) "Student complaint procedure" is defined as the process by which a student may resolve an academic complaint.

(9) "Respondent" is defined as that person or persons named by the student when filing a written complaint.

(10) "Complainant" is defined as that person who files a complaint.

(11) "Student academic complaint committee" refers to the department committee whose responsibility is to review and make recommendations to the chair with regard to student academic complaints.

(12) All references to "days" refer to weekdays during fall and spring semesters in which classes are conducted, excluding examination week.

(13) "Student ombudsman" is the university official charged with the responsibility to assist students by providing an individualized information and referral system. The student ombudsman informs students of procedures for processing student complaints and acts as a facilitator upon request.

(E) Departmental/independent school student academic complaint committee.

(1) Each academic unit shall establish a standing student academic complaint committee which shall be composed of departmental faculty and at least one student. The departmental faculty advisory committee, with the addition of at least one student, may constitute the student academic complaint committee; or, the faculty advisory committee may designate or create another standing committee as the student academic complaint committee. All members shall participate fully in committee deliberations and shall vote on the recommendation to be forwarded to the chair.

(2) At the beginning of each academic year the student academic complaint committee shall elect one of its members to serve as chairperson.

(3) In the case of units where the faculty advisory committee is a committee of the whole, the departmental faculty will select three to five of its members to serve as the student academic complaint committee.

(4) The student member(s) of the committee will be selected by the chairperson from at least two nominees chosen by the departmental student organization that the chairperson and the faculty advisory committee identify as being most reflective of the academic mission of the department. Two undergraduate nominees and two graduate nominees who are majors in good standing in the unit shall be forwarded to the chairperson on or before September fifteenth of each year. In the event the nominations are not received, the chairperson shall select an undergraduate and a graduate student, who is a major in good standing, to serve. The undergraduate student will sit on complaints from undergraduate courses, and the graduate student will sit on complaints from graduate courses.

(5) If a spouse or a relative of any member of the committee is named as a respondent or complainant, that member shall be excluded from deliberating or voting on that complaint. In such cases, the members of the committee, through its chairperson, may replace any member excluded by this provision.

(6) When sitting as the student academic complaint committee, the chairperson (independent school assistant dean for undergraduate complaints/independent school dean for graduate complaints) is not a member of the committee, nor does the chairperson participate in its deliberations.

(7) In each individual case brought before the committee, the student complainant may bring a non-attorney adviser to observe, assist, and counsel. Such advisers shall not participate directly in the hearing.

(F) Complaint procedure.

(1) Informal resolution.

(a) The student is expected first to review the matter with the instructor in an attempt to resolve the issue immediately.

(b) If the matter is not resolved immediately, the student may discuss the matter with the departmental chairperson before lodging a formal complaint.

(c) The student may also consult with the student ombudsman in an attempt to achieve informal resolution.

(2) Formal complaint. If the attempts at informal resolution are unsuccessful, the student may lodge a formal complaint by submitting said complaint, in writing, to the department chairperson. In the case where a complaint is lodged against the department chair, the complaint will be submitted to the chair of the student academic complaint committee.

(a) The written complaint submitted by the student should include the nature of the complaint, the facts and circumstances leading to the complaint, reasons in support of the complaint, and the remedy or remedies requested. The complaint statement submitted by the student becomes the basis for all further consideration of the matter. The written complaint should also note what attempts were made at informal resolution and should include any evidence pertinent to the issues identified.

(b) Upon receipt of the complaint, it shall be referred to the student academic complaint committee for consideration. A copy will be made available to the respondent(s) who shall respond in writing to the complaint and include any information or documentation related to the response.

(c) The conduct of matters brought before the student academic complaint committee shall be non-adversarial in nature. The committee shall examine and evaluate fully the written allegation and response, including any supporting documentation submitted by the appellant or respondent. The complainant and the respondent will be invited to appear before the committee. The committee may also invite testimony from any other persons who, in the judgment of the committee, may assist in its examination and evaluation of the complaint.

(d) After completion of its review and examination and following appropriate deliberation, the committee shall forward to the department chairperson a written recommendation, which becomes part of the record.

(e) Upon receipt of the written recommendation from the student academic complaint committee, the department chair shall provide a written decision to the complainant and the respondent, with a copy going to the members of the committee and the dean. In arriving at a decision, the department chairperson, besides reviewing the recommendations provided by the committee, may consult with the parties to the complaint or others who the department chairperson believes may assist in the review of the matter. The written decision should contain a summary of the complaints, of the committee's recommendation, and the reason(s) for the decision rendered.

(f) In the event that the decision requires a change in a student's academic record, and neither party appeals the department decision, it is the responsibility of the chairperson of the department to initiate such a change, following established university procedures.

(G) Appeal of department decision. The complainant or respondent may appeal to the appropriate dean the decision made at the department level.

(1) The appellant shall clearly state in writing to the dean the reasons why the departmental decision is being appealed. The appeal must be based on procedural reasons or substantive issues that were not properly dealt with in the original appeal. In no case will the appeal be a complete rehearing of the original complaint.

(2) A copy of the appeals statement must be sent to the other party and the chairperson of the department.

(3) The review by the dean of any appeal will normally consist of the review of the written documents and may, at the discretion of the dean, include interviewing the principal parties, discussing the matter with the department chairperson and members of the student academic complaint committee, and/or consultation with any others who the dean believes may assist in the review of the appeal.

(4) Upon completion of the review, the dean will make the final decision.

(H) Time limits. The following time limits pertain to all parties. If conditions or causes exist requiring a modification of the time limits, it shall be the responsibility of the chairperson to assess such circumstances and causes and determine the nature or extent of any such modification. If the chairperson determines that modification is required, the parties shall be informed immediately by the chairperson.

(1) Following an unsuccessful attempt at informal resolution, a written complaint must be submitted within fifteen days after the occurrence of the event. If the event occurs at or after the end of a regular semester or during a summer session, a student will have up to fifteen days at the start of the next semester to submit a complaint to the department. An exception to this rule is in effect if the student is scheduled to graduate and the event does not delay graduation. In such cases, the written complaint must be filed within thirty days following the last of finals week, if the event occurs during the regular semester or within thirty days following the last day of classes of the final summer session, if the event occurs during summer session.

(2) The department chairperson must provide a copy of the complaint to the respondent and members of the student academic complaint committee within ten days of receipt of the complaint.

(3) The respondent has ten days from the date of receipt of the complaint to provide a written response to the department chairperson, with a copy to the complainant and to the members of the student academic complaint committee.

(4) The student academic complaint committee is expected to conduct its review as expeditiously as possible. The student academic complaint committee, through its chair, must forward a written recommendation to the department chairperson within fifteen days of completion of its review.

(5) The chairperson will normally provide a written decision within ten days of receipt of the student academic complaint committee's recommendation.

(6) If either party decides to appeal the chairperson's recommendations, it must be submitted in writing to the appropriate dean within five days of receipt of the departmental decision. A copy of the written appeal must also be sent to the other party and to the chairperson of the department.

(7) Unless extensive further review is required, the dean shall normally provide a decision to the appellant within fifteen days. A copy of the decision shall be sent to the other party and to the department chairperson.

(I) Records. The records and disposition of any complaint, including those appealed to the dean, shall be maintained by the department in a separate student academic complaint file for a minimum of seven years.

(J) Exceptions. It is recognized that because of organizational structure, the nature of a complaint, or the possibility of persons normally involved in the process being subject to a complaint themselves, exceptions to these procedures may have to be made. In any such case, the matter should be brought to the attention of the office of the provost and vice president for enrollment management and student life for disposition.

Replaces: 3342-4- 02.3

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 5/6/1987, 1/25/1991, 5/8/1995, 3/7/2000, 6/1/2007

3342-4-02.4 Administrative policy and procedures regarding rights and responsibilities of student athletes.

(A) Scope.

(1) Every student who participates in intercollegiate athletics becomes thereby a member of a team. By accepting this privilege of team membership, student-athletes are responsible for conducting themselves so as to bring credit to the university, the department of intercollegiate athletics, their teammates or themselves. To that end student-athletes must conduct themselves in a manner befitting a representative of the university.

(2) Each student-athlete must comply with:

(a) Rules governing academic eligibility as established by the university, the NCAA, the MAC, or other appropriate governing body.

(b) All other rules and regulations for student-athletic conduct as established by the university, the NCAA, the MAC, or other appropriate governing body.

(c) Training and discipline rules established by the head coach and the department of intercollegiate athletics for the sport in which the student-athlete participates.

(3) By declaring themselves as a candidate for a team membership, they assume the following responsibilities, in addition to their regular responsibilities as students.

(B) Academic discipline.

(1) The student-athlete is subject to all rules for academic eligibility as required by the NCAA, MAC, and the university. These rules are on file in the offices of the director of intercollegiate athletics and of each head coach.

(2) The department of intercollegiate athletics does not view the student-athlete as an athlete. Their major purpose at the university is to obtain an academic degree. The athletic department has a great interest in the general welfare and academic achievement of every student-athlete. Because of this concern, the department has designated individual coaches to follow the academic progress of each student-athlete. In addition, the athletic department strongly recommends that each student-athlete establish communication with their faculty adviser within the student-athlete's area of academic major. The athletic department expects that each athlete attend all classes and perform all assignments, unless illness or other extreme emergencies arise. Further, the student-athlete is encouraged to consult with instructors on an individual basis concerning academic problems.

(C) Conduct discipline.

(1) The student-athlete is subject to all rules regarding student conduct established by the university. These rules are contained in the university policy register, and are also available in the office of the director of intercollegiate athletics.

(2) As a highly visible member of the university community, the student-athlete should strive to set an example for their fellow students in complying with the standards of behavior established by the university.

(3) As ambassadors of the university to the public, team members accept a higher standard of conduct than other students. Actions off-campus, including but not limited to violations of local, state, and federal laws, will subject the student-athlete to review for possible discipline and sanctions of this policy.

(D) Athletic discipline.

(1) The student-athlete is subject to the athletic disciplinary and training rules pertaining to their particular sport(s), as established by the head coach and the athletic department. Each head coach will inform the student-athlete involved on their squad of expectations relating to training rules. The coach and team members should come to an understanding about any issues relating to training rules.

(2) Each student-athlete is responsible for having read and being familiar with the rules outlined in this rule. The rules referred to regarding the NCAA, MAC or other appropriate governing body, are on file and available in the office of the director of intercollegiate athletics and may also be obtained from the head coach of each sport. The rules regarding training and discipline will be posted for the student-athlete to read at the time they try out for a sport.

(3) The establishment and recitation of the above rules do not set the limits as to the coach's authority to "coach a student-athlete." "Coaching a student-athlete" necessarily involves the coach's establishment of standards, expectations and goals; giving directions, guidance and orders; and the student-athlete's accepting and following them. The student-athlete is therefore expected to comply with the directives of their coach.

(4) A student-athlete is a public figure and their conduct, both on and off the field/court, reflects on themselves, their teammates, their coaches, and the institution. They are expected to conduct themselves so as to bring credit on the above.

(E) Infractions of rules.

(1) Failure to comply with any rules regarding academic or conduct discipline will subject the student-athlete to those sanctions contained in the general university policies including those which affect the privilege of participating in athletics. Such failure will also cause the student-athlete to be subject to all sanctions which may be imposed by the coach, the athletic director or designee, or the president or designee, when such failure is deemed to be detrimental to the team or the athletic program.

(2) Throughout the remainder of this rule, the phrase "university official" includes the athletic director or designee or the president or designee.

(3) Failure to comply with any rules regarding athletic discipline will subject the student-athlete to suspension or dismissal from the team.

(F) Procedure for appealing sanctions.

(1) Academic and conduct appeals. If the student-athlete alleges a violation of student rights in an academic, conduct, or financial aid sanction, they may seek redress under the procedures set forth in the general university policy under which they were sanctioned.

(2) Athletic appeals. The student-athlete is encouraged to maintain a continuing dialogue with their coaches in order to aid in the informal resolution of problems involving discipline or sanctions. However, only the following discipline or sanctions may be appealed beyond the coach:

(a) Suspension from the team

(b) Dismissal from the team;

(c) Any discipline or sanctions in retaliation for use of the appeals process; or

(d) Systematic use of discipline in an unreasonable or discriminatory manner.

(G) Athletic appeal procedures.

(1) The student-athlete and coach should make every effort to resolve the issue prior to instituting the formal appeals process. The student-athlete shall contact the coach within fourteen days after they knew or through the exercise of reasonable diligence should have known of the issue.

(2) The first recourse for the student-athlete is to appeal in writing to the head coach or university official imposing the sanction. The written appeal shall be filed within thirty days after the coach was contacted as defined in paragraph (G)(1) of this rule, or in the case of a university official, within thirty days after the student-athlete knew of the sanction or through the exercise of reasonable diligence should have known of the sanction. Such notice shall state the events upon which the appeal is based, the reason for the appeal, and the specific relief or remedy sought.

(3) The student athlete shall receive a written response within four working days after receipt of the appeal by the coach or university official.

(4) If no agreement is reached, the student-athlete may appeal to the athletic director. The athletic director shall give the student-athlete a written statement of their decision regarding the student-athlete's appeal within four working days following receipt of the appeal.

(5) If the sanction has been imposed by a university vice president or the university president, the student-athlete may bypass the level in paragraph (G)(4) of this rule and appeal directly to the ad hoc appeals committee.

(6) If no agreement is reached after the student-athlete has appealed to the athletic director, the student-athlete may make a written notice of appeal to the chair of the athletic committee within thirty days after receipt of the written response from the athletic director. The chair of the athletic committee shall notify the faculty representative for intercollegiate athletics, who shall establish the ad hoc appeals committee within five working days of the written notice of appeal by the student-athlete.

(7) The composition of this committee shall be as follows:

(a) Faculty representative for intercollegiate athletics as chairperson;

(b) One faculty member of the athletic committee to be determined by the committee chair. The individual should not be a member of the sport involved;

(c) One student member of the athletic committee to be determined by the committee chair. The individual should not be a member of the sport involved;

(d) One member of the intercollegiate athletic coaching staff not representing the sport of the student-athlete making the appeal, selected by the athletic director, and;

(e) One faculty member selected by the student making the appeal.

(H) Committee procedure.

(1) A hearing shall be held on the matter within five working days following the establishment of the appeals committee.

(2) The hearing shall be guided by the following procedures:

(a) The hearing shall be closed unless mutually agreed to be open by the student athlete bringing the appeal and the coach or university official imposing the sanction.

(b) The coach university official imposing the sanction shall make a statement, in writing, orally, or both, of the facts and the basis for imposing the sanction or discipline.

(c) The student athlete may make a statement in writing, orally, or both.

(d) Both the coach or university official and student athlete may ask questions of the other at an appropriate time during the hearing.

(e) Both may present witnesses.

(f) Both have the right to hear all testimony and examine all evidence.

(g) The student athlete may be accompanied by one other person of their choice. That person may act as an adviser to the student athlete, but may not participate in the hearing procedure in any manner. No party may be represented by legal counsel.

(h) All matters pertaining to the conduct of the hearing shall be under the sole authority of the chairperson of the appeals committee.

(3) Appeals committee decision.

(a) The appeals committee shall hear all the statements and have all the documents which support the claim.

(b) Following the hearing, the appeals committee shall prepare a short statement in writing of the facts as they are judged to be true

(c) The appeals committee shall, within ten working days make the decision and, in writing, provide a summary of the reasons for upholding, reducing, or dismissing the sanction.

(d) The chairperson of the appeals committee shall provide the student athlete with the statement of facts, decision and summary of the reasons.

(4) The decision of the appeals committee shall be final and not subject to further appeal.

Replaces: 3342-4- 02.4

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 6/10/1991, 10/18/1982, 12/28/1984, 9/20/2000, 6/1/2007

3342-4-02.5 Administrative policy regarding voluntary and involuntary withdrawal for health reasons.

(A) Purpose. When a health emergency or condition renders a student's continued participation in university academics, programs, or services impossible, impractical or unsafe to any member of the university community, the following rules shall apply. The vice president for student affairs is responsible for the administration of this rule.

(B) Voluntary withdrawal procedure. A student who decides to withdraw from the university for health reasons shall follow the office of the university registrar's general procedures for withdrawal or petition for exception to registration, as appropriate. Graduate students may also consider utilizing the "leave of absence for graduate students" procedure found in rule 3342-3-01.12 of the Administrative Code, if applicable. The associate vice president for student affairs and dean of students (hereinafter referred to as the "dean of students"), student ombuds, or regional campus director of enrollment management and student services may provide guidance to the student to assist with this process upon request.

(C) Involuntary withdrawal procedure.

(1) Individualized assessment. When the dean of students is made aware that a health emergency or condition renders a student's continued participation in university academics, programs, or services impossible, impractical or unsafe to any member of the university community, the dean of students shall consult, review and consider appropriate recommendations and any applicable supporting documentation. This may include recommendations and documentation of the following, as applicable: the student's recent treating health care professional(s) (if available and with necessary permissions); university health care professional(s); the care team; the student (if available); and, when necessary and in accordance with rule 3342-5-08.101 of the Administrative Code, the student's parent or guardian. The dean of students may also consult other applicable resources as appropriate.

(2) Interim action. Depending upon the urgency and severity of the health emergency, an interim action may be necessary while the individualized assessment is ongoing. When the dean of students has reasonable cause to believe that a student may pose a risk to the safety or well-being of anyone in the university community, the student may be issued an interim action. Interim actions may include but are not limited to: restriction from specific campus facilities or locations; restriction from facilitating or participating in student organization business or activities; suspension of student status; etc. An interim action shall remain in effect until removed or altered by the dean of students or as the result of this policy's process. A student may appeal an interim action in writing to the vice president for student affairs. Failure to comply with an interim action may result in a referral to the office of student conduct and/or the Kent state university police department.

(3) Alternatives considered. During the assessment process above, alternatives to involuntary withdrawal shall be considered. Such alternatives may include, but are not limited to, voluntary withdrawal, reasonable accommodations to any known disabilities, or behavioral contracts.

(4) Notice of withdrawal. If, as a result of the assessment in paragraph (C)(1) of this rule, the dean of students decides that involuntary withdrawal is appropriate, the university shall withdraw the student from all registered courses. The decision will be communicated to the student in writing. The notice shall contain the terms of any interim actions issued pursuant to paragraph (C)(2) of this rule.

(5) Appeal. A student may appeal a decision for involuntary withdrawal in writing to the vice president for student affairs within seven calendar days of receipt of the notice of involuntary withdraw under this policy. The vice president for student affairs, or designee (other than dean of students), will review the appeal and any supporting documentation and provide a decision in writing within seven calendar days. This is the final level of appeal. In the event of extenuating circumstances and at the sole discretion of the vice president for student affairs, the time period in which to submit such appeal may be extended.

(6) Tuition credits and fee adjustments. The student may be eligible for tuition credit or fee adjustments, in accordance with the policies established by the bursar's office and other relevant departments (for example, residence services). The dean of students or their designee may provide the student guidance with those processes.

(7) Return to University. A student wishing to return to the university within one year of involuntary withdraw shall not be required to reapply for admission through the admissions office. A student wishing to return after more than one year of absence may be required to reapply for admission to the university and/or program of study, in accordance with any applicable registration and admission requirements of the program and of the office of the university registrar. The student should contact the dean of students at least thirty calendar days prior to the start of the term the student intends to return to, in order to provide time to review the student's request and determine eligibility for re-enrollment. The following procedure shall be followed to determine whether the student shall be re-enrolled:

(a) Depending upon the nature and individual circumstances of the involuntary withdrawal, the dean of students may require one or more of the following in determining whether to approve a request to return:

(i) Documentation from current, relevant healthcare providers supporting the student's ability to return and be successful at the university. The university may request the student's permission to communicate with any relevant and current healthcare providers to obtain this information. If no such information exists, or if information provided is insufficient, the dean of students may ask the student to complete an assessment with an on-campus health provider.

(ii) A statement from the student describing: the student's experience away from the university, including any activities undertaken while away; the student's current understanding of the factors that led to the need for the leave, and the insights the student has gained from treatment and time away; and how the student plans to ensure a successful return to the university.

(iii) A meeting with the student to review the student's plan for maintaining health and safety while at the university, including recommendations for ongoing treatment, reasonable accommodations, and campus support options, when applicable.

(iv) Agreement to an individually created ongoing plan for a successful return to the university, created in consultation with the student and pursuant to review of the information and materials listed above, as applicable.

(b) The dean of students shall consider the information and materials presented in paragraph (C)(7)(a) of this rule. The dean of students may also consult with the following, as applicable: the student's recent treating health care professional(s) (if available and with necessary permissions), university health care professional(s), the care team, the student, and any other applicable resources as necessary. A student's failure to comply with any of the dean of students' requests in paragraph (C)(7)(a) of this rule may be considered when deciding whether to approve a request to return to the university.

(c) The dean of students shall provide a decision regarding the student's re-enrollment to the student in writing, no more than seven calendar days after the request to return is received. If more time is needed to consider the request, the student shall be notified of such in writing. The appropriate university departments shall also be notified of this decision.

(d) A student may appeal a denial of their request to return under this rule in writing to the vice president for student affairs within seven calendar days of receipt of the request to return. The vice president for student affairs shall review the appeal and any supporting documentation and provide a decision in writing within seven calendar days. This is the final level of appeal.

Replaces: 3342-4- 02.5

Effective: 12/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.04
Rule Amplifies: 3341.01, 3341.04
Prior Effective Dates: 11/4/1977, 3/11/1982, 7/19/1995, 5/26/1997, 3/7/2000, 6/1/2007, 3/1/2015

3342-4-02.6 Administrative policy on mandatory immunization/screening of students.

(A) Purpose: This policy is established as a health and safety practice for the entire university community. Immunization of students will mitigate the risk of communicable disease outbreaks that can jeopardize the university community's health and well-being. University health services is responsible for enforcing this rule.

(B) Definitions:

(1) Student. For the purposes of this policy, "student" is defined as any person who is enrolled for one or more credit hours at the university and who is attending classes at the Kent campus.

(2) International student. For the purposes of this policy, "international student" is defined as any person who is not a U.S. citizen, a permanent resident, or part of the Jay Treaty, who is enrolled for one or more credit hours at the university, and is attending classes at the Kent campus.

(C) Requirements:

(1) Measles, mumps, and rubella (MMR) immunization:

(a) All students enrolling for classes at the Kent campus, and born on or after January 1, 1957, are required to provide documentation of immunity against measles, mumps, and rubella.

(b) Students are required to submit documentation of measles, mumps and rubella immunity from a licensed health care provider to university health services by Friday of the first week of the student's first semester of enrollment.

(2) Tuberculosis screening:

(a) All international students from countries having a high prevalence of tuberculosis, as designated by the world health organization, are required to provide documentation of freedom from tuberculosis.

(b) Documentation of freedom from tuberculosis, as determined by skin test or blood test within 12 months prior to the first day of classes, must be submitted to university health services by Friday of the first week of the student's first semester of enrollment.

(3) Policy exemptions:

(a) Any student that is enrolled only for online classes, or enrolled only for classes at a regional Kent state university campus, or a site other than the Kent campus, or attending workshops that meet for two weeks or less in duration is exempt from the MMR immunity and tuberculosis screening requirements.

(b) Medical exemption from the MMR requirement may be is granted upon submission to university health services of a licensed physician's statement that the student has a valid contraindication to MMR vaccine.

(c) Religious exemption from the MMR requirement may be granted if a student aged eighteen or older (or parent/guardian if student is under eighteen years of age), submits a signed religious exemption form to university health services.

(D) Violation:

(1) Students who do not submit documentation of the required immunizations and tuberculosis screening by Friday of the first week of the student's first semester of enrollment, may be deregistered from classes for the remainder of that semester.

(2) In the event of an outbreak, as defined by the Ohio department of health, students who have not submitted documentation of immunity to measles, mumps and rubella may be excluded from campus as required by city or state public health authorities.

Replaces: 3342-4-02.6

Effective: 8/3/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01, 3341.04
Rule Amplifies: 3341.04
Prior Effective Dates: 10/30/1992, 6/1/2007, 3/1/2015

3342-4-02.7 Administrative policy regarding promotion of mental health resources.

(A) Purpose. It is the purpose of this policy to provide expectations for establishing and advising students and staff of mental health programs and resources available on and off campus.

(B) Implementation.

(1) The university shall create, implement, and maintain the following:

(a) Student communication plans consisting of educational and outreach activities regarding mental health; and

(b) Postvention plans: strategic plans to communicate effectively with students, staff, and parents after a loss of a person to suicide.

(2) The university shall create and maintain a web page including the following:

(a) Crisis intervention access, including information for national, state, and local suicide prevention hotlines;

(b) Mental health program access, including information on the availability of local mental health clinics, student health services, and counseling services;

(c) Multimedia application access, including crisis hotline contact information, suicide warning signs, resources offered, and free-of-cost applications; and

(d) Information regarding educational and outreach activities regarding mental health.

(3) The university shall provide all incoming students with information about mental health topics, including depression and suicide prevention resources available to students. The information provided to students shall include available mental health services and other support services, including relevant student organizations.

(4) The vice president of student affairs is responsible for implementation and oversight of this policy.

Effective: 12/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.04
Rule Amplifies: 3341.01, 3341.04

3342-4-02.101 Operational procedures regarding administration of student conduct.

(A) Purpose. Paragraph (N) of rule 3342-4-02 of the Administrative Code authorizes the vice president for enrollment management and student affairs to establish such administrative procedures as necessary to fulfill the intent of said policy. The vice president has delegated the responsibility to direct the student conduct program to the director of student conduct in the division of student affairs. It is the responsibility of that official to provide hearing panels and officers with technical advice, training, and clerical staff; establish procedures to ensure an ongoing evaluation of student conduct rules; collect and maintain all records of formal disciplinary action; establish means to inform all members of the university community of student conduct policies and issues; and serve as a consultant to students and staff in the use of the student conduct program.

(B) Jurisdiction and charges. It should be understood that this policy establishes procedural directions and is subject to change by action of the vice president for enrollment management and student affairs. The procedures are intended to assure proper implementation of the policy regarding administration of student conduct.

(C) Policies and regulations. The rules listed provide guidance for campus conduct. Violation of these policies can result in disciplinary action. All are given more complete treatment through separate rules of the Administrative Code as noted:

(1) 3342-3-01.8 of the Administrative Code, cheating and plagiarism.

(2) 3342-3-01.11 of the Administrative Code, disqualification of students.

(3) 3342-4-01.1 of the Administrative Code, antidiscrimination.

(4) 3342-4-01.3 of the Administrative Code, participation in student activities.

(5) 3342-4-01.2 of the Administrative Code, registration of student organizations.

(6) 3342-4-03 of the Administrative Code, assembly and speakers.

(7) 3342-4-05 of the Administrative Code, student housing.

(8) 3342-4-05.1 of the Administrative Code, room entry and search.

(9) 3342-4-04 of the Administrative Code, alcoholic beverages.

(10) 3342-4-04.1 of the Administrative Code, alcoholic beverages.

(11) 3342-4-04.101 of the Administrative Code, alcoholic beverages.

(12) 3342-4-06 of the Administrative Code, solicitation and sales.

(13) 3342-4-01.5 of the Administrative Code, solicitation.

(14) 3342-4-06.1 of the Administrative Code, sales.

(15) 3342-4-02 of the Administrative Code, regulations for student behavior.

(16) 3342-4-02.2 of the Administrative Code, class disruption.

(17) 3342-4-08 of the Administrative Code, parking and traffic.

(18) 3342-4-10.102 of the Administrative Code, solicitation and sales--student center.

(19) 3342-4-10.104 of the Administrative Code, student organizations office access.

(20) 3342-4-10.2 of the Administrative Code, signs on student center.

(21) 3342-4-10.107 of the Administrative Code, animal control, student center.

(22) 3342-4-10.108 of the Administrative Code, lobby activities, student center.

(23) 3342-4-05.2 of the Administrative Code, room visitation.

(24) 3342-4-03.101 of the Administrative Code, demonstrations and speakers--student.

(25) 3342-4-03.1 of the Administrative Code, demonstrations and speakers.

(26) 3342-4-01.601 of the Administrative Code, fireworks and bonfires.

(27) 3342-4-03.3 of the Administrative Code, posting, handbills, loudspeakers.

(28) 3342-4-07 of the Administrative Code, hazing.

(29) 3342-4-07.101 of the Administrative Code, hazing.

(30) 3342-5-08 of the Administrative Code, information re: students.

(31) 3342-4-02.5 of the Administrative Code, deregistration of students--mental health.

(32) 3342-5-12.4 of the Administrative Code, use of university facilities.

(33) 3342-5-12.401 of the Administrative Code, use of university facilities.

(34) 3342-5-12.5 of the Administrative Code, university automobiles--student use of.

(35) 3342-7-07 of the Administrative Code, student residency.

(D) Voluntary withdrawal. Students claiming an inability to participate in the student conduct process for psychological or emotional reasons will be allowed to voluntarily withdraw from the university. In these specific instances, student conduct proceedings will be considered inactive, and the student placed on ineligible hold, thusprohibiting future class registration . If/when the student attempts to re-enter the University, the pending student conduct proceedings will be reinstituted .

(E) Interim action. When the vice president for enrollment management and student affairs (or designee) has reasonable cause to believe that a student(s) may pose a risk to the safety or well-being of those involved or others in the University community, the student(s) may be issued an interim action. Interim actions may include but are not limited to: no contact order, restriction from specific campus facilities or locations, requirement to secure a psychological evaluation, etc. An interim action shall remain in effect until removed or altered by the vice president for enrollment management and student affairs (or designee) or as the result of the code of student conduct. Failure to comply with an interim action may result in a referral to the code of student conduct.

(F) Offenses. The following guidelines are presented to ensure that behavioral violations are dealt with appropriately, and in an expedient fashion. Variance from these procedures may be necessitated by certain time lapses caused by vacation breaks and periods and by law enforcement or other investigative processed. Such variances, if challenged, will be evaluated on an individual case basis with respect to availability of staff to implement the following procedures:

(1) Residence halls. Offenses occurring within residence halls should be adjudicated by the procedures outlined in the Hallways Handbook.

(a) Within three working days of the incident (violation), the resident director attempts to personally resolve the problem.

(i) The resident director ensures that the information is appropriate, accurate and complete.

(ii) In the interest of educational discipline, the resident director discusses the incident with the principal parties, and issues a copy of the incident report to the charged student.

(iii) The resident director documents any additional information and/or recommendations on a separate form.

(iv) In the event that the student charged is unavailable for discussion of incident with principal parties, a copy of the incident report shall be mailed to the address of record of the student charged.

(b) If the resident director determines that the behavior can be corrected, and if all parties agree, the resident director may administer alternative discipline.

(c) If the resident director determines that the incident requires formal disciplinary action, the incident report and written recommendations are then forwarded within twenty-four hours to the residence services office.

(d) The appropriate residence services staff member discusses the incident with the resident director and checks for appropriateness, accuracy and completeness of the case.

(e) Within forty-eight hours of receipt by the residence services office, the incident report is forwarded to the student conduct office.

(2) Other locations. Offenses occurring at the locations listed below shall be routed to the student conduct office within seven calendar days of the date of the violation. During those seven days, the following shall occur:

(a) Fraternity and sorority houses. Violations occurring within fraternity or sorority houses shall be reported to the appropriate officer in the chapter. If the chapter wishes to bring charges, the case shall be reported to the center for student involvement staff person responsible for Greek life . The center for student involvement staff member shall hold a preliminary interview to determine if formal disciplinary action is warranted. If formal action is necessary, the case will be referred to the office of student conduct .

(b) Violations not related to a student's residence unit. Violations not related to a student's residence unit shall be reported to the appropriate university staff member who shall arrange a preliminary interview to determine if disciplinary action is warranted. If formal action is necessary, the case will be referred to the student conduct office .

(c) Student organization violations. Instances of conduct violations by a student organization shall be reported directly to the director of the center for student involvement. The director shall arrange a preliminary interview to determine if disciplinary action is warranted. If formal action is necessary, the case will be referred to the student conduct office .

(G) Enforcement. Responsibility for the enforcement of all university disciplinary sanctions must be assumed by all university staff and faculty.

(H) Procedures for conducting student conduct hearings.

(1) Only accused student(s), complainant(s), law enforcement/investigator(s), hearing officer(s), student conduct staff / convener, conduct advisor(s), witnesses, and/or character references will be allowed in the hearing room . All others must wait outside the room until the hearing panel has concluded, or authorizes entry.

(2) The following are guidelines for conducting student conduct hearings.

(a) A student conduct convener and/or hearing officer calls the meeting to order, facilitates introductions, and takes whatever action is necessary to preserve the decorum of the hearing. A conduct officer may end statements or questions if he or she determines that no new evidence is being offered.

(b) A student conduct convener and/or hearing officer reads the charge(s) against the accused student .

(c) The accused student is provided an opportunity to share his/her description of the event(s) that brought about the alleged misconduct, including witnesses, .

(d) The complaining party is provided an opportunity to share his/her description of the event(s) that brought about the alleged misconduct, including witnesses, .

(e) Law enforcement / investigator(s) is provided an opportunity to share investigative reports and his/her description of the event(s) that brought about the alleged misconduct, including any witness information.

(f) The hearing panel or hearing officer may question any of the participants.

(g) The accused student may question the complaining party, witnesses, and law enforcement / investigator(s) (to clarify content of investigative reports).

(i) In cases involving alleged acts of violence and/or sexual misconduct, the hearing officer or hearing panel may permit indirect questions, but because of the nature of the complaint, direct questions may not be permitted.

(1) Indirect questioning may be conducted at the discretion of the hearing panel or officer with either party, verbally or in writing, supplying questions to the hearing panel or officer.

(h) The complaining party may question the accused student witnesses, and law enforcement / investigator(s) (to clarify content of investigative reports).

(i) A student conduct convener and/or hearing officer conducts the deliberation portion of the hearing without the presence of the principals or witnesses . After deliberation, a hearing officer informs the accused student of the decision and, if responsible, the sanction(s) .

(j) Appeals. Appeals must be in writing and based on one or more of the reasons listed in paragraph (K) of rule 3342-4-02 of the Administrative Code.

(k) If an accused student fails to appear for a student conduct hearing, the hearing will continue in accordance with the student conduct procedures. The accused student will be provided the decision in writing and held accountable for any finding of responsibility and all resulting sanctions.

(l) Retaliation based on participation in, or outcome of, a student conduct hearing, whether by an individual, a group of individuals, or an organization, is expressly prohibited and may be referred for additional student conduct charges.

(m) In cases where the decision of the vice president for enrollment management and student affairs (or designee) is not to affirm, the vice president may reverse the finding of responsibility, modify the sanction(s), or return the case to a hearing panel or officer for further consideration.

(J) Reports and records.

(1) All hearings are digitally recorded. Recordings may be listened to or viewed to by students wishing to appeal a decision. Recordings will be provided to the student only at the student's expense.

(2) Notification of the outcome of the decision will be conveyed to both the accused student and to the complaining party and/or appropriate university officials.

(3) Records of all disciplinary cases shall be maintained by the office of student conduct. These records include a notice of hearing, notice of charges, and a report of student conduct hearing. Copies of these, along with all pertinent information, shall be the official record of a disciplinary case.

(4) Entries in these files will be removed five years after the date of the incident. Other than the record of each case, which shall be kept regardless of the final decision in the case, no other official record of disciplinary action shall be maintained by the university, nor shall a notation of the decision in any case ever appear on the student's official transcript.

(5) In special circumstances, a request to expunge student conduct records may be considered. Such requests, which must be submitted in writing to the office of student conduct, shall be made not less than twenty-four months following the incident or upon graduation from the university. Such request shall include supporting documentation and reasons for the expunction. The director of student conduct will consult with other university officials, and will determine whether to grant or deny such requests.

(6) Pursuant to the family educational rights and privacy act, the office of student conduct will send written notice to the parents of a student under twenty-one years of age who is found to be responsible for violating any state or local laws pertaining to possession or consumption of any alcoholic beverages or controlled substance. The office of student conduct will send written notice to parents of a student under twenty-one years of age when a first-time serious violation consists of:

(a) Alcohol or controlled substance negatively affecting the mental and physical well-being of oneself or others;

(b) Alcohol or controlled substance contributing to vandalism, assault, etc.; or,

(c) Alcohol or controlled substance contributing to a pattern of substance abuse. The university believes that parent notification is an educational measure that will provide students and parents an opportunity to appropriately deal with a potential problem that could result in serious academic, social, and personal health concerns.

Effective: 9/10/2012
Promulgated Under: 111.15
Statutory Authority: 3341
Rule Amplifies: 3341.01, 3341.06
Prior Effective Dates: 9/11/1979, 7/18/1983, 8/9/1983, 9/30/1985, 10/22/1986, 7/25/1989, 9/18/1993, 4/2/1996, 3/7/2000, 6/1/2007, 11/30/2007, 10/14/2010

3342-4-02.102 policy regarding general nonacademic grievance procedure for students.

(A) Purpose. The purpose of the general nonacademic grievance procedure for students is to ensure fair and equitable treatment for all students, eliminate unlawful discrimination and unwarranted dissatisfaction, and resolve problems that occur in the nonacademic area so that constructive educational and developmental relationships can be maintained. This policy does not apply to internal university processes and procedures that already have an established and written grievance or appeal process. However, this policy may be utilized when the student believes that such processes and/or procedures as written were not followed.

(B) Procedural standards.

(1) Level one. The immediate supervisor.

(a) The aggrieved student will bring the situation to the attention of the immediate supervisor of the aggrieving staff member within ten class days of its occurrence, explaining the nature of the problem and proposing a solution.

(b) After being verbally informed of the grievance, the supervisor will investigate and provide a solution or an explanation to the student within five days.

(c) In the event the supervisor fails to respond to the grievance within five class days or if the student is not satisfied with the response, the student may proceed to level two of the grievance process.

(2) Level two. The department/ unit director.

(a) If the answer or settlement provided by the supervisor to the student does not resolve the grievance, the student will be allowed five class days to refer the problem in writing to the appropriate department/ unit director.

(b) The student may also consult with the student ombuds to obtain advice in preparing the written presentation of the grievance.

(c) The department/ unit director will provide a response to the student grievant within five class days of the department/unit director's receipt of the written presentation of the grievance.

(d) In the event the department/ unit director fails to respond to the grievance within five days or if the student is not satisfied with the response, the student may proceed to level three of the grievance process.

(3) Level three. The vice president for enrollment management and student affairs.

(a) If the student grievant is dissatisfied with the solution provided by the department/ unit director, the student will have an additional five class days to appeal the grievance in writing to the vice president for enrollment management and student affairs. Upon receipt of the written appeal, the vice president for enrollment management and student affairs will determine if levels one and two were appropriately followed and, if so, will:

(i) Seek further clarification of the grievance from the student

(ii) Seek further clarification of the grievance from the department/unit director.

(iii) If necessary, schedule a meeting among the student, the department/ unit director, and the vice president for enrollment management and student affairs. The vice president for enrollment management and student affairs will record all proceedings of the meeting and may provide participants with a copy of the meeting summary upon request.

(b) If upon review under paragraph (B)(3)(a) of this rule, the vice president for enrollment management and student affairs determines that levels one and two were not appropriately followed, the vice president for enrollment management and student affairs may remand the matter back to the appropriate level to ensure the correct process is followed.

(4) After careful consideration of all relevant facts and consultation with the appropriate vice president if the grievance involves a department/unit in a division other than enrollment management and student affairs, but within five days of the conclusion of the steps provided for in paragraphs (B)(3)(a)(i) to (B)(3)(a)(iii) of this rule, the vice president for enrollment management and student affairs will render a final and binding decision in writing to the student and department/ unit director.

Effective: 1/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.04
Rule Amplifies: 3341.01, 3341.04
Prior Effective Dates: 8/1/1983, 6/21/1995, 5/28/1997, 6/1/2007

3342-4-03 University policy regarding demonstrations, marches and speakers.

(A) Purpose. The university recognizes the exercise of the rights of expression, conscience, affiliation and peaceful assemblage. The university is equally mindful that a reasonable and orderly calendaring and assignment of university facilities, resources and personnel, consistent with the civil liberties expressed in the first amendment to the United States Constitution, are necessary in order to assure the pursuit of educational programs, to accommodate the needs of all persons, and to respect the rights of all members of the university community.

(B) In order to ensure the accomplishment of these purposes and to ensure the orderly conduct of classes and other functions of the university, specific administrative policy and operational procedure shall be established.

(C) The university neither permits nor forbids demonstrations off-campus by members of the university community. Persons demonstrating off-campus are reminded that they are expected to act in a manner that will conform to all national, state and municipal laws and ordinances. The university is particularly concerned that this responsibility be fulfilled when persons demonstrating off-campus identify themselves as members of the university.

Replaces: 3342-4-03

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 11/4/1977, 1/5/1979, 10/19/1994, 9/26/2005, 6/1/2007

3342-4-03.1 Administrative policy regarding demonstrations, marches, and speakers.

(A) Purpose. Those sponsoring demonstrations, marches or speakers are responsible for making the necessary arrangements and provisions in accordance with the procedures established in this rule.

(B) Definitions.

(1) "Demonstration" - A person or assembly of persons engaged in a rally, march, sit-in, fast or other public manifestation of welcome, approval, protest, or disapproval but does not include social, or athletic exhibitions or events.

(2) "Non-University affiliated speaker" - A person not enrolled as a student nor employed by the university who addresses or intends to address persons on the campus grounds or in a facility of the university.

(3) "Registered student organization" - A student organization properly registered with the office of campus life pursuant to rules 3342-4-01, 3342-4-01.2 and 3342-4-01.201 of the Administrative Code.

(4) "University department" - Any officially recognized section of the university's organizational structure.

(5) "Sound amplification equipment" - Any device used to amplify sound.

(C) General.

(1) Sponsorship. All demonstrations, marches and non-university affiliated speakers (except those identified in paragraph (D)(2) of this rule) must be sponsored by a registered student organization or university department.

(2) Signs. Signs attached to rigid supports or framework are prohibited inside campus buildings.

(3) Responsibility. In all instances, those sponsoring demonstrations, marches or speakers are responsible for making the necessary provisions to maintain the peaceful demeanor of the assembly, including the arrangements for marshals or other self-governing services in cooperation with the assigned university security personnel. The sponsoring group shall be responsible for all expenses and damages incurred to the university.

(4) Unlawful action. The university will neither permit nor condone unlawful action. Civil disobedience as a means to produce change is always a matter of individual conscience and consequence.

(D) Demonstrations, marches and non-university affiliated speakers.

(1) Registration. In order to secure assistance in planning and obtaining university facilities and in order to protect the rights of all members of the university community, participants and non-participants, student groups and university departments must register demonstrations, marches and non-university affiliated speakers with the scheduling office except as noted in paragraph (C)(2) of this rule. Details concerning space, time and special arrangements will be noted at that time.

The scheduling office will determine if an event has been registered and by whom. If an event is registered, the registered facility, and the determination of the registration status by the scheduling office shall be final. If the space has not been registered for an event, the procedures outlined in paragraph (C)(2) of this rule shall apply. When the scheduling office is closed, the Kent student center office should be contacted for verification of scheduling information.

(2) Non-registration. The university permits demonstrations, marches and non-university affiliated speakers without prior registration provided that no sound amplification equipment is utilized and members of the university community not participating in the demonstration may proceed with their normal activities.

(a) Areas recommended for demonstrations, marches and non-university affiliated speakers when not previously scheduled include:

(i) On the Kent student center plaza;

(ii) In front (south side) of the memorial athletic and convocation center;

(iii) On the front campus lawn;

(iv) On the commons; and

(v) On Manchester field.

(b) Use of space. Use of these spaces shall be limited to one hour blocks of time. Should another event or speaker not assume use of the space at the beginning of the next block, the previous user may continue for a subsequent time block. Time blocks begin with the beginning of the hour.

(c) Time. The director of the office of campus life, in consultation with the police and appropriate building curator, may develop operational procedures to guide the determination of the subsequent events or speakers. In the absence of specific procedures, those wishing to assume use of the space at the beginning of the next time block should clearly state their intention prior to the start of that time. If questions arise as to the next event or speaker, the parties should first attempt to arrive at an agreeable compromise. Should such a compromise not be possible, the parties should contact the following: in the case of the Kent student center plaza, the curator of the plaza; or in the case of other locations, the office of campus life.

(3) Demonstrations, marches and non-university affiliated speakers shall be denied registration by the scheduling office when:

(a) The director of campus life or designee, in consultation with the police and the sponsoring student organization (and advisor) or department, has a reasonable basis to conclude that the demonstration or non-university affiliated speaker event substantially threatens to materially disrupt the normal activities of the university, threaten health or safety, or result in a violation of criminal law.

(b) The director of campus life or designee, in consultation with police and the sponsoring student organization (and advisor) or department, has a reasonable basis to conclude that there is danger to those participating in the demonstration or march.

(4) Furthermore, demonstrations, marches and non-university affiliated speakers may not:

(a) Be held inside or in the vicinity of campus buildings except as approved by the director of campus life or designee.

(b) Substantially obstruct or disrupt any legitimate function of the university including, but not limited to, research, teaching, administration, public service or other authorized events.

(c) Substantially obstruct the free flow of pedestrian or vehicular traffic.

(d) The route of all marches or parades must conform to the regulations in paragraphs (D)(4)(a), (D)(4)(b) and (D)(4)(c) of this rule.

(E) Non-university affiliated speakers.

(1) A university is a forum for the scrutiny and exchange of ideas. Therefore, the university encourages student organizations and university departments to invite speakers to the campus.

(2) Registration. Registered student organizations and university departments must register all non-university affiliated speakers (except those identified in paragraph (C)(D)(2) of this rule) with the scheduling office in order to assure orderly calendaring and to facilitate the event. The scheduling office shall establish operational procedures to accomplish this purpose but such procedures shall not impose limitations based upon the subjects to be discussed, or the background, or past associations of the speakers.

(F) Violations and sanctions.

(1) Terms of violation. A demonstration, march or an event which features a non-university affiliated speaker shall be in violation of this rule and subject to immediate cancellation and an order for all participants to disband by the director of campus life or designee, in consultation with the police and, as available, the sponsoring student organization (and advisor) or department:

(a) When it is not registered with the scheduling office with the exception of demonstrations, marches and non-university affiliated speakers in the areas specified in paragraph (D)(2) of this rule;

(b) When it has been registered by the scheduling office but violates the terms and conditions thereof;

(c) When it substantially disrupts the normal activities of the university, including but not limited to research, teaching, administration, public service, or other authorized events;

(d) When it substantially invades the rights of others; or

(e) When it results in the violation of criminal law.

(2) Notice. It is the responsibility of the director of campus life (or designee) to give "first notice" to groups or individuals in violation of these regulations and report violations of this policy (excluding criminal violations) to appropriate university officials and offices.

(3) Legal sanctions. Any person failing to disband from a demonstration or march upon being so ordered pursuant to paragraph (F)(1) of this rule shall be in violation of this rule and subject to appropriate legal sanctions. Students and student organizations in violations of this rule shall be subject to the sanctions of the code of student conduct, rule 3342-4-02 of the Administrative Code and/or arrest for a violation of law. Persons not registered as students who are in violation of this rule shall be subject to arrest for a violation of law.

(G) Appeal. Any member of the university community, student organization or university department convinced that arbitrary, unlawful, or unreasonable limitations have been imposed upon any demonstration, march or non-university affiliated speaker event under the provisions of this rule may appeal to the dean of students and student ombudsman.

Replaces: 3342-4-03.1

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 1/5/1979, 7/10/1985, 10/19/1994, 5/9/1997, 4/8/2000, 11/28/2002, 9/30/2005, 6/1/2007

3342-4-03.2 Administrative policy regarding crowd managements.

(A) Definitions.

(1) "Concert" - A performance before an assembly of persons held on campus grounds or in a facility of the university with the intent of entertaining through music, song, and/or performance.

(2) "Crowd management" - Procedures established to maintain order among attendees at a concert through the involvement of one or more university departments.

(3) "University department" - Any officially recognized section of the university's organizational structure.

(4) "Contract" - Any document which engages a person or group for the presentation of a concert and is signed by the appropriate university official(s) and the signatory representatives of the concert performer(s).

(5) "Concert Crowd Management Parameters and Procedures" - A documented set of parameters and procedures for the presentation of concerts.

(B) General.

(1) All concerts must be sponsored by a registered student organization(s) or university department(s).

(2) The student organization(s) sponsoring concerts must work with the appropriate university departments for presentation of the event.

(3) The sponsor(s) of concerts are responsible for making the necessary provisions to maintain the peaceful demeanor of the concert attendees, including the arrangements for safety services.

(4) The determination of whether an event shall be considered a concert and subject to this policy shall be made by the director of public safety, or designee, in consultation with the university official, or designee, responsible for signing the contract to present the event.

(C) Parameters and procedures.

(1) Parameters and procedures for the management of concert crowds shall be documented. The parameters and procedures (and any subsequent changes) are to be approved by the vice president for enrollment management and student affairs and the vice president for administration.

(2) The university official responsible for signing the contract to present a concert shall be responsible for implementing and following the "Concert Crowd Management Parameters and Procedures."

(3) A decision to operate outside the established parameters and procedures may be made only by the director of public safety, or designee, in consultation with the university official or designee, responsible for signing the contract.

Replaces: 3342-4- 03.2

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 10/18/2002, 6/4/2003, 6/1/2007

3342-4-03.3 Administrative policy regarding posting handbills, and sound amplification equipment.

(A) General. The university reserves the right to regulate the time, place and manner of posting of printed material and the distribution of printed material and the use of sound amplification so as not to substantially disrupt the university functions of teaching, research, public service, administration, or authorized events. The university is not responsible for the content of the printed material being posted or distributed.

(B) Violations. The facility curator or other appropriate university official shall inform any individual or individuals or group who are in violation of this rule and request compliance. Failure to comply immediately shall subject the individual or individuals or group to sanctions under rule 3342-4-02 of the Administrative Code or the filing of criminal charges.

(C) Appeals. any individual, group or department convinced that arbitrary or unreasonable limitations have been imposed in the implementation of this rule may appeal to the vice president for student affairs.

Effective: 5/30/2017
Promulgated Under: 111.15
Statutory Authority: 3341.04
Rule Amplifies: 3341.01, 3341.04
Prior Effective Dates: 10/4/1975, 6/1/2007, 3/1/2015

3342-4-03.101 Operational procedures and regulations regarding demonstrations, marches, and speakers sponsored by student organizations.

(A) The student representative of the sponsoring organization is responsible for contacting the office of campus life and will be directed by that office's staff to other appropriate university offices, including but not limited to:

(1) Scheduling office.

(2) Campus police;

(3) Audio-visual services;

(4) Student center.

(B) Only currently registered students who are members of the sponsoring organization may facilitate the planning of this event.

(C) Representatives of registered student organizations that wish to sponsor a demonstration, march or off-campus speaker must initiate the necessary registration and scheduling forms in the scheduling office. Information necessary to complete this process includes:

(1) Desired location;

(2) Event time;

(3) Estimated attendance;

(4) Route of march if applicable;

(5) Budget;

(6) Plans for security;

(7) Names of any off-campus speakers; and

(8) Hospitality plans for off-campus speakers.

Replaces: 3342-4- 03.101

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 3/30/1978, 9/18/1978, 10/19/1994, 6/1/2007

3342-4-03.301 Operational procedures and regulations regarding posting.

(A) General posting procedure. The following procedures must be met in order to post on university bulletin boards. The facility curator is responsible for identifying the specific purpose of bulletin boards under their purview. Any posting not fulfilling the following requirements will be removed from the bulletin board by a member of the staff. All bulletin boards will be cleared at the end of every semester.

(1) One poster per event on each bulletin board is permitted.

(2) The name of the organization sponsoring the poster must be clearly visible. The date of the event being advertised or a date at which the poster is considered to have fulfilled its function must be included. Posters are to be removed the day following the event by the sponsoring organization.

(3) In order to maintain the natural beauty of the campus and to preserve the quality of the buildings, trees and shrubs, there shall be no posting of notices on any trees, buildings, utility poles or campus sidewalks. Posting is not permitted on woodwork, doors, windows, walls or bulletin board frames.

(4) In accordance with the state fire marshal's regulations, no poster, promotional materials or decorations may be suspended from any light fixture.

(5) There shall be no signs or promotional materials suspended across the corridors of buildings, on the outside of buildings, or between structures unless by special permission of the facility curator.

(6) Courtesy and respect for the freedom of expression by others dictates that posters are not to be marked on, destroyed or removed. Anyone discovered defacing posters will be subject to disciplinary action under rule 3342-4-02 of the Administrative Code or criminal charges.

(B) Specific posting procedures.

(1) Residence halls bulletin boards. .Posting procedures inside of university residence halls are established by the department of residence services, as posted at www.kent.edu/housing.

(2) Departmental bulletin boards. These are clearly marked as departmental, and no material is to be posted thereon without the consent of the chairperson of the department concerned.

(3) Employee bulletin boards. Employee bulletin boards are located adjacent to time clock facilities and are specifically reserved for the purpose of communication with employees. Postings on these bulletin boards require written approval of the personnel department.

(4) Union bulletin boards. Special glass-enclosed bulletin boards are provided for use by organizations representing university employees as the result of negotiated agreement. These facilities are for the exclusive use of the employee organization, and postings are regulated in accordance with the existing agreement between the university and the organization.

(5) Kent student center bulletin boards. These are reserved for specific purposes. The accepted guidelines will be posted on each bulletin board.

(C) Violations. The facility curator or other appropriate university official shall inform any individual or individuals or group who are in violation of this rule and request compliance. Failure to comply immediately shall subject the individual or individuals or group to sanctions under rule 3342-4-02 of the Administrative Code or to the filing of criminal charges.

(D) Chalking, as a means of expression and publicity for student organizations, is permitted on the campus.

(1) Chalking is permitted only on outside, horizontal, exposed surfaces where rain can wash the chalk away (only washable chalks may be used). Chalking is not permitted on vertical surfaces, buildings, under overhangs or on steps, posts, trees, tables, and the like. The university reserves the right to remove chalking at its convenience.

(2) It is the responsibility of the center for student involvement director or designee to enforce policies regarding chalking and report violations of these policies to appropriate university officials and offices.

(E) Appeals. Any individual, group or department convinced that arbitrary or unreasonable limitations have been imposed in the implementation of this rule may appeal to the vice president for student affairs or designee.

Effective: 5/30/2017
Promulgated Under: 111.15
Statutory Authority: 3341.04
Rule Amplifies: 3341.01, 3341.04
Prior Effective Dates: 10/5/1979, 10/28/1994, 6/1/2007, 3/1/2015

3342-4-03.302 Operational procedures and regulations regarding flier and leaflets.

(A) A "flier/leaflet" is defined as any printed matter distributed by hand, such as separate sheets, small notices or advertisements.

(B) Fliers and leaflets may be distributed:

(1) Outside buildings so long as pedestrian and vehicular traffic is not substantially impeded.

(2) Inside the Kent student center, except

(a) Near (approximately ten feet of) any doorway or stairway or in any manner so as to create a safety hazard or impede normal traffic,

(b) On stairways,

(c) In food service and other retail sales areas,

(d) In meeting rooms (unless with permission of the group that has scheduled the event), or

(e) In restrooms.

(3) Inside other buildings, including residence halls, from behind reserved tables.

(C) Fliers and leaflets specifically may not be distributed:

(1) In any faculty or staff work area;

(2) On vehicle windshields;

(3) Inside classrooms, laboratories, libraries or offices; or

(4) Door-to-door or in corridors adjacent to student rooms in residence halls.

(D) Violations. The facility curator or other appropriate university official shall inform any individual or individuals or group who are in violation of this rule and request compliance. Failure to comply immediately shall subject the individual or individuals or group to of criminal charges.

(E) Appeals. Any individual, group or department convinced that arbitrary or unreasonable limitations have been imposed in the implementation of this rule may appeal to the vice president for student affairs or designee.

Effective: 5/30/2017
Promulgated Under: 111.15
Statutory Authority: 3341.04
Rule Amplifies: 3341.01, 3341.04
Prior Effective Dates: 10/4/1975, 6/1/2007, 3/1/2015

3342-4-03.303 Operational procedures and regulations regarding sound-amplification equipment.

(A) Purpose. The use of sound-amplification equipment on the campus is limited to registered student organizations and university departments.

(B) Scope. In order to insure compliance with this policy, registered student organizations and university departments are required to register the use of sound-amplification equipment with the scheduling office.

(C) Procedure.

(1) Sound-amplification equipment may not be used at any time, in any place, or in such a manner so as to substantially disrupt the university's functions of teaching, research, public service or administration, or study and sleep in the residence halls, or other properly scheduled events.

(2) Sound-amplification equipment may be used outside buildings in the areas listed below at the time specified when the area has not been previously scheduled.

(a) On the Kent student center plaza between noon and one p.m. Monday through Saturday; and between five p.m. Saturday and noon Sunday;

(b) On the commons when classes are not scheduled;

(c) On the intramural fields;

(d) On the field south of the ice arena between ten a.m. and eight p.m.; and

(e) On manchester field.

(3) Sound-amplification equipment may be used inside buildings only where specifically permitted by the rules governing the respective facility.

(4) The appropriate facility curator(s), in consultation with the dean of students, or his designee, may waive these restrictions or make available additional areas for sound-amplification equipment use for good cause shown. Requests for such a waiver should be filed with the center for student involvement.

(D) Violations. The facility curator or other appropriate university official shall inform any individual(s) or group(s) who is in violation of this rule and request compliance. Failure to comply immediately shall subject the individual(s) or group(s) to sanctions under rule 3342-4-02 of the Administrative Code or to the filing of criminal charges.

(E) Appeals. Any individual, group, or department convinced that arbitrary or unreasonable limitations have been imposed in the implementation of this rule may appeal to the vice president for student affairs or designee.

Effective: 5/30/2017
Promulgated Under: 111.15
Statutory Authority: 3341.04
Rule Amplifies: 3341.01, 3341.04
Prior Effective Dates: 10/4/1975, 6/1/2007, 3/1/2015

3342-4-04 University policy regarding alcoholic beverages.

Purpose. The use or possession of alcoholic beverages, including, but not limited to, beer and wine, on the property of the university must be in accord with state and local laws. Further limitations on the time, place or manner of use or possession will be determined by the vice president for enrollment management and student affairs or designee.

Replaces: 3342-4-04

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 11/4/1977, 3/7/2000, 9/26/2005, 6/1/2007

3342-4-04.1 Administrative policy regarding use and possession of alcoholic beverages by students.

(A) Purpose. In accordance with the university alcoholic beverage policy, the following administrative policy applies to the use and possession of alcoholic beverages by students on the Kent campus of the university.

(B) Definition.

Alcoholic beverage. "Alcoholic beverage" as used in these rules refers to the liquids and compounds referred to and defined in section 4301.01 of the Revised Code as amended, including, but not limited to, "intoxicating liquor, " "alcohol, " "beer, " "wine, " "mixed beverages, " and "spirituous liquor."

(C) Scope and manner. Alcoholic beverages may be used only in the following locations and manner.

(1) Licensed areas. Individual consumption of alcoholic beverages in licensed areas is permitted consistent with Ohio beverage commission permits obtained for those areas. All applications for Ohio beverage commission permits must be approved by the director of campus life or designee.

(2) Residence halls. Individual consumption and possession of alcoholic beverages in residence hall rooms must be consistent with state law and in accordance with the following guidelines. The following policy will determine the use of alcoholic beverages in residence hall rooms, consistent with the residence hall policies applicable to the particular hall.

(a) The use of alcoholic beverages in the university residence halls is based on the belief that if students are to learn responsibility, respect the law and rights of their fellow man, they must be given a realistic opportunity to do so. Encouraging the development of self-discipline and individual responsibility in a group living situation is particularly important in a society characterized by continually changing mores and values.

(b) Among other concerns, the use and abuse of alcohol are important subjects for attention within the university setting. It is hoped that the removal of special restrictions governing the possession and consumption of alcoholic beverages on campus will foster mature attitudes in this regard. While the misuse of alcohol is a serious problem in our society, it must be dealt with in an open and realistic manner.

(c) It is the objective of these guidelines to encourage the students in residence halls to implement through self-government the use of alcoholic beverages consistent with the applicable laws of the state of Ohio. Understanding the complexities of this issue and working together as a part of a group which shares responsibilities and makes decisions are important components of this self-governing process.

(d) Prohibitions.

(i) The consuming and dispensing of alcoholic beverages in public lounges, recreation rooms or other public areas in a residence hall is prohibited unless such areas are designated by the director of residence services or designee as places suitable for social events where beer may be served.

(ii) The possession and consumption of alcoholic beverages in open containers is prohibited in areas other than those designated in residence halls.

(iii) The consumption of alcoholic beverages is restricted to the designated areas of residence units.

(iv) The illegal possession of alcoholic beverages and/or disorderly conduct due to inebriation are violations that will result in disciplinary action. Any individual involved with the sale or consignment of alcoholic beverages to minors is engaged in illegal activity and appropriate disciplinary action will be taken.

(3) Group functions. The only alcoholic beverage permitted at group functions outside the licensed areas is beer and malt-based coolers. The use of beer and malt-based coolers at group functions must be consistent with the state and local laws as well as university regulations and must be registered with the office of campus life.

(a) The organization must require identification and proof of age before serving beer and malt-based coolers; only those twenty-one or over can be permitted to consume beer.

(b) Service and sale of beer ceases at one a.m., or at the time designated on the alcohol waiver (at least one hour before the end of the event).

(c) No beer may leave the registered party location.

(d) Room capacity of the registered party location must be adequate in regard to expected attendance; only public areas of the hall or cafeterias may be utilized. The organization will be responsible for damage and breakage of university property or violations of state and/or university regulations.

(e) Soft drinks and appropriate food stuffs must be provided.

(f) Only university students, faculty, staff and their guests may be admitted.

(D) Violation. Violation of university policy, regulations or state law subjects the violator to civil prosecution and/or university disciplinary action.

(1) Consumption and possession of alcoholic beverages in academic/administrative buildings is prohibited unless specifically approved by the president or designee.

(2) The transportation of alcoholic beverages in open containers anywhere by any means on the Kent campus of the university is prohibited.

Replaces: 3342-4-04.1

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 11/4/1977, 10/5/1979, 4/30/1982, 10/18/1982, 10/14/1992, 9/17/1993, 5/24/1995, 9/26/2005, 6/1/2007

3342-4-04.101 Operational procedures and regulations regarding use and possession of alcoholic beverages by students.

(A) Purpose. Group events at which beer is served and which are held outside the licensed areas must be registered with the center for student involvement ("CSI") and adhere to the following procedures.

(B) Initial scheduling procedures.

(1) Information must be provided on the site, which must also be reserved with the scheduling office if it is to be held outside a residence hall, name of organization, date and time and charges, if any.

(2) The forms provided must be signed by a representative of the group, its advisor or residence hall staff member and a member of the CSI staff before the registration is considered complete.

(3) At the time of the registration, the group will be informed of its responsibilities/limitations by a member of the CSI or residence hall staff.

A copy of this information/registration form must be displayed at the site of the event; another copy will be kept in the CSI and/or the residence services office.

(4) For events held outdoors, the group may be required, at its expense, to have snow fencing erected. This requirement will be dependent on the location, time and number of participants expected at the event.

(5) Events at which an admission fee or charge for beer is made require the processing of an "F-Permit" application with the Ohio beverage commission. The CSI staff will help the group in processing this application, for which a charge is made. At least three weeks are needed to process this application. The center for student involvement will inform the Kent state university police department of all such events registered prior to the event.

(C) Operational procedures for scheduling events serving beer.

(1) For residence hall students.

(a) Organization representative contacts resident director for appropriate paperwork. Three copies of the check list permit must be completed.

(b) Resident director discusses proposed event with student representative to insure compliance with check list items. Student representative and the resident director signs form indicating compliance with the check list including signed approval by the area coordinator and the director or residence services.

(c) Student representative delivers form to CSI three days prior to private party and thirty days prior to event requiring "F-Permit."

(d) If beer is to be sold or admission charged at the door, an "F-Permit" is required. The application for such a permit may be obtained at CSI. This application should be completed, signed by the resident director and the area coordinator, and returned to CSI thirty days prior to the event to insure processing in time for the event.

(e) The department of residence services will contact the university police informing them of the event. This will normally be done by forwarding a copy of the check list permit to the university police department.

(2) For organizations other than residence hall groups.

(a) Organization representative contacts CSI for appropriate paperwork. Three copies of the check list permit must be filled out.

(b) Organization representative discusses proposed event with faculty advisor to insure compliance with check list items. Faculty advisor signs form giving his/her indication that compliance with check list will be made.

(c) Student representative returns check list to CSI three days prior to private party and thirty days prior to event requiring "F-Permit."

(d) If beer is to be sold or admission is to be charged at the door, an "F-Permit" is required. The application for such a permit may be obtained at the office of campus life. This application should be completed and returned to the CSI thirty days prior to event to insure processing in time for event. CSI will forward this application to the appropriate state office.

(e) CSI will contact university police informing them of event. This will normally be done by forwarding a copy of the check list permit to the university police department.

Replaces: 3342-4-04.101

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 11/4/1977, 4/30/1982, 11/22/1982, 6/5/1995, 9/26/2005, 6/1/2007

3342-4-05 University policy regarding student housing.

(A) Purpose. Kent state university requires that all single students enrolled for nine or more credit hours reside in the university's residence halls and participate in the food plan. This requirement excludes summer sessions and is applicable until the attainment of junior academic standing ( sixty semester credit hours/ ninety) quarter credit hours) or the receipt of an exemption from the department of residence services.

(B) Exemptions. Exemptions to this requirement must be requested in writing and submitted to the department of residence services. Students not specifically granted an exemption prior to the first day of classes for the applicable semester will be considered in violation.

(1) Permanent exemptions of up to one year may be granted to students who:

(a) Live and travel to class from the principal residence of their parent(s) or legal guardian(s) which is located within a fifty mile driving distance from the Kent campus;

(b) Are active members of and live in a university-recognized fraternity or sorority house, as well as maintain the established standards set forth by the center for student involvement; or

(c) Can demonstrate other acceptable extenuating circumstances.

(2) Students not bound to the mandatory housing policy include those who:

(a) Are twenty years of age or older, having reached age twenty later than the first day of classes for the applicable semester;

(b) Are married;

(c) Are single parents with primary child-rearing responsibilities;

(d) Are military personnel with one or more years of full-time duty;

(e) Are participants in a university program or formal agreement whereby such exemption is a term of an agreement and signed by the vide president for enrollment management and student affairs;

(f) Have completed two full-time academic years (excluding summer) of college enrollment;

(g) Have lived in college or university on-campus housing for four semesters or the equivalent; or

(h) Can demonstrate other acceptable extenuating circumstances.

(C) Verification. Students who are not bound by the mandatory housing policy may need to submit verification of their status upon the request of the department of residence services.

(D) Procedure. Upon receipt, all exemption applications will be reviewed by the designated official of the department of residence services. A written approval or denial will be mailed to the student. If the student's request for exemption is denied, she/he will have fourteen days in which to submit a written appeal to the exemption appeals board and may request a personal appearance before the board. All appeal decisions made by the board are considered final.

(E) Violation. Nonexempt freshman and sophomore students not residing on campus will be considered in violation of this policy and may have their records placed on "ineligible hold" with the university, thus preventing future registration. Students in violation of or denied an exemption from this policy may be required to make up any part of a semester with a minimum of a full semester in residence, beyond the above-stated residency requirement. Students determined to be in violation are no longer eligible for exemption based on criteria listed above and the on-campus requirement must still be fulfilled.

(F) Presentations of falsified information may be referred to the office of student conduct for further action.

(G) Consistent with the university's policy of non-discrimination, the department of residence services provides equal access to its programs, facilities, and employment to all persons without regard to race, color, religion, gender, sexual orientation, national origin, age, disability, or identify as a veteran with a disability or veteran of the Vietnam era, although buildings and areas are pre-designated for male and female residency and on the basis of accessibility.

(H) From time to time specific policies relating to the safety, security, and good order of student residential life shall be promulgated by proper authorities, and these policies shall be binding on those affected.

Replaces: 3342-4-05

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 11/4/1977, 9/11/1979, 6/9/1989, 7/20/1990, 10/14/1992, 2/8/1993, 5/24/1995, 12/20/2004, 6/1/2007, 1/13/2014

3342-4-05.1 Administrative policy and procedures regarding room entry and search in campus residence halls.

(A) Policy and intent. The university is not only concerned with the intellectual development of students but with their security and well-being. Occasionally, in order to maintain the general security and enforce regulations, room entry and room search become necessary in campus residence halls. The following policy is intended to delineate a procedure for this realistic necessity which will preserve as much as possible the integrity of individuals and their rights to privacy. These procedures follow accepted methods and are supported by many professional and student organizations. It should be clearly understood that the guidelines outlined for internal protection and control; however, nothing herein can limit the ability of bona fide law enforcement or judicial agencies from seeking and obtaining legal search warrants for use on the university campus. The university and its members are not immune from normal citizenship requirements.

(B) Definitions.

(1) "Room entry" is to be defined as entrance to a student's room to fulfill the duties of authorized personnel.

(2) "Room search" is to be defined as a formal seeking out of evidence to reflect reasonable cause to believe that one of the conditions for room search has been violated.

(C) Conditions for room entry. Rooms can be entered only with reasonable cause to believe that one of the conditions for entry is satisfied. Occupants will be notified of the reason for any room entry. The following are the guidelines for room entry.

(1) A clear indication that established conduct standards or health and safety regulations are being violated. This requires the utmost care and sensitivity to the issue of maintaining privacy for the students in the residence hall setting. It is recognized that fruitless room entry can quickly destroy staff-student relationships.

(2) Periodic environmental health inspections are conducted by the environmental health and safety office and residence halls staff. The spirit of these inspections is for preventive and corrective action and is in no way designed to include room search.

(3) A student's room may be entered to insure maintenance and general repair within the student's living area.

(4) A student's room may be entered in cases of imminent danger to health or safety.

(5) When fire drills are in progress, the residence halls staff, will inspect rooms to insure that the hall is vacated.

(D) Procedure for room entry.

(1) No student room should be entered without knocking. Entry, following the knock, shall be preceded by a time lapse of sufficient duration to provide an occupant(s) with opportunity to open the door. This requirement shall also apply to maintenance personnel.

(2) A room should be entered in the absence of an occupant(s) only when an emergency exists or to provide maintenance or repair service.

(3) If it should be necessary under the conditions outlined for authorized university personnel or their agents to enter a room when an occupant is not present, the occupant(s) will be notified of the entry and the reason for the entry. Where entry is sought to make improvements or repairs, notice should be given the occupant(s) not less than twenty-four hours in advance. In emergency situations where imminent danger to life, safety, health or property is reasonably feared, entry should be made without advance notice.

(4) The privacy of an occupant(s) with respect to other students should be maintained when university personnel enter a student's room. Other students should not be permitted to enter the room in the absence of the occupant(s).

(5) Students feeling aggrieved by this policy may appeal directly to the executive director of residence services. The appeal should be in writing and presented to the executive director of residence services within ten business days of actual occurrence.

(6) The following personnel shall be authorized to enter residence hall student rooms under the conditions prescribed:

(a) Full-time professional staff members of the residence halls, excluding clerical personnel;

(b) Residence hall directors, and assistant directors;

(c) Full-time members of the residence halls maintenance staff;

(d) Full-time members of university facilities management; and

(e) Nonuniversity personnel contracted to perform maintenance or repair services on behalf of the residence halls agents. In the absence of the residence hall director, a resident assistant may act in cases of immediate and clear emergency regarding health and safety. Other cases should be referred to the executive director of residence services.

(f) Police services personnel who may be requested to assist the above-mentioned authorized personnel to lawfully to take custody and possession of any contraband seized during a search. Police services personnel shall not initiate or actively participate in a search as described above without a court-ordered search warrant.

(E) Conditions for room search. Rooms will be searched only with reasonable cause, and the occupant(s) will be informed of the reason for any room search. A formal search permit will be required from the director of residence services. There are two basic situations which may precipitate administrative room search.

(1) A clear indication that the established code of student conduct or health and safety regulations is being violated.

(2) An emergency which makes it necessary for a staff member to search a room for a particular item, such as a discarded sleeping pill bottle or a particular telephone number or address. In emergency situations, word-of-mouth approval will suffice and a formal search permit will not be necessary.

(F) Procedure for room search.

(1) All room searches by residence halls personnel must be cleared with the executive director of residence services, except in the case of an immediate and clear emergency or danger to safety and health.

(2) In cases of clear violation of university policies, the executive director of residence services will submit a search permit to be presented by the authorized staff member entering an occupant's room.

(3) For internal operations not anticipating civil or criminal prosecution, the individual(s) or agency concerned must secure a search permit from the executive director of residence services. In cases of possible civil or criminal prosecution, it is the policy of police services to secure a legal search warrant, in accordance with the Ohio Revised Code requirements.

(4) When it is necessary for authorized university personnel or their agents to search a student's room when an occupant is not present, two qualified members of the residence halls staff must observe the search.

(5) The occupant should be given the opportunity to open drawers, luggage, etc., as required, during the room search.

(6) In the absence of reasonable cause for such action, a general search or a search of a number of rooms in a given area is prohibited.

(7) A student who believes this policy to have been violated may appeal directly to the executive director of residence services. The appeal should be in written form and should be presented within ten business days of the actual occurrence. In the absence of the executive director of residence services, the vice president for student affairs will receive the appeal.

Effective: 5/30/2017
Promulgated Under: 111.15
Statutory Authority: 3341.04
Rule Amplifies: 3341.01, 3341.04
Prior Effective Dates: 11/4/1977, 8/31/1979, 1/25/1980, 3/5/1993, 6/1/2007, 3/1/2015

3342-4-05.2 Administrative policy regarding guests in residence halls.

Policy statement. Only the residents of a hall, their escorted guests and authorized university personnel may enter a residence hall living area. Guests must be escorted by the host or hostess at all times while in the living area and abide by all additional regulations specific to the residence being visited. Nonresidents visiting cafeterias and public lobbies do not need to be escorted.

Replaces: 3342-4-05.2

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 11/4/1977, 9/1/1978, 10/5/1979, 9/30/2005, 6/1/2007

3342-4-06 University policy regarding solicitation and sales.

(A) Purpose. To insure the orderly functioning of the university and to permit registered student organizations or university departments an opportunity to supplement their allocated resources, the university permits only these organizations and departments to engage in sales as a part of their legitimate service, educational or fund raising activities.

(B) Implementation. The implementation of this policy shall be the responsibility of the university administration. The appropriate office or offices will establish such administrative policies and procedures as are necessary for the systematic and orderly implementation of this policy. For purposes of expediency and consistency, student organizations, departments, and other university nonstudent organizations should follow the same administrative policy and procedures.

Replaces: 3342-4-06

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 11/4/1977, 9/26/2005, 6/1/2007

3342-4-06.1 Administrative policy regarding sales.

(A) "Sales" is defined to mean the activity of exchanging a product or service in return for money, goods, or other services.

(B) Sales among strictly the membership of a particular registered student organization or university department by that group or university department do not fall within the purview of this rule.

(C) It is the responsibility of the vice president for student affairs to develop operational procedures to implement this rule.

(D) Individuals may not sell among the general university population while on university property unless as part of a project sponsored by a registered student organization or university department.

(E) Sales are permitted inside buildings only from behind tables which have been previously reserved through the university scheduling office. Outdoor sales are permitted provided that free flow of traffic is not impeded. Door to door sales are expressly prohibited in residence halls and academic/administrative buildings. The sale of newspapers or other literature is permitted inside the Kent student center in common corridors consistent with rule 3342-4-03.302 of the Administrative Code.

(F) A member of the sponsoring organization or university department must be present at the sale site at all times. Members of student organizations and university departments directing or participating in the sale must be currently registered for classes or be employed by the university.

(G) The sale of food and ingestible products is governed by rule 3342-4-02.6 of the Administrative Code.

Effective: 5/30/2017
Promulgated Under: 111.15
Statutory Authority: 3341.04
Rule Amplifies: 3341.01, 3341.04
Prior Effective Dates: 11/4/1977, 10/26/1979, 12/20/1985, 6/21/1995, 5/9/1997, 3/7/2000, 6/1/2007, 3/1/2015

3342-4-06.2 Administrative policy regarding sales and distribution of food on campus.

(A) Purpose. Registered student organizations, recognized residence hall groups, and university departments may sell or distribute food only if they do so in conformity with the following:

(B) Operational procedures.

(1) A sales and solicitation permit must be obtained and displayed, as outlined in rule 3342-4-01.5 of the Administrative Code.

(2) Sales or distribution of food may not take place in established food service areas which are: Kent student center, student center plaza, Eastway recreation center, and the residence hall cafeterias.

(3) Sale or distribution of light snack items for fundraising purposes.

(a) Light snack items such as donuts, rolls, cookies and beverages not requiring refrigeration may be sold or distributed from behind reserved tables. Meat, meat spreads, cheeses, fish, fish spreads, cream products, meringues or other prepared foods may not be sold in this manner.

(b) Milk or milk products used as an additive to coffee or tea must be maintained under electric refrigeration at a temperature of forty-five degrees or less. Coffee lightener must be served in a covered container.

(c) All food must be individually wrapped or enclosed beneath plastic or kept in a covered box. All food shall be stored and displayed as to be reasonably protected from flies, dust and pollution caused by unnecessary handling or other contaminations. When the service is such that the customer serves himself/herself, proper serving utensils, such as tongs, must be provided. The organization sales person is responsible for seeing to it that customers do not serve themselves by hand or in other inappropriate ways.

(d) The use of plastic and wood utensils is allowed. Individual, dispensable stirrers must be available.

(e) All food must be processed or prepared in a licensed food service operation or in an establishment or place meeting equivalent requirements of the Ohio department of health. In order to ensure the freshness of any commercially prepared food being sold, the organization must maintain receipts at the site noting date and place of purchase.

(f) The food sales site and all utensils and devices must be open to inspection at any time by university environmental control agents or appropriate university personnel.

(g) The selling and distributing organization is responsible for normal cleaning of the sales site at the end of the daily sale or distribution period, including proper wrapping of all perishable garbage and removal of all food crumbs or liquid spills.

(4) Sale or distribution of food items as part of a program must be in conformity with the following guidelines:

(a) Category one foods are as follows: crackers; popcorn; chips; pretzels; pop; punch; coffee; tea; hot chocolate; S'mores; fresh fruit; orange juice; watermelon; nonalcoholic beverages; cider; bread; buns; popsicles; rice; candy bars; mints; caramel apples; fried vegetables; peanut butter; jelly; dried fruits and nuts; and syrup. Foods in category one require that the individuals handling the foods ensure that good personal hygiene practices be followed.

(b) Category two foods are as follows: cookies; donuts; baked beans; cake; nachos/heated cheese; butter; brownies; condiments; fruit pies; canned soup; danishes; Christmas cookies; pancakes; and french fries. Foods in this grouping require clean areas of preparation and serving. This means that if the product is prepared in a kitchen, that area must be kept clean and free of potential contamination.

(c) Category three foods are as follows: dip; vegetable trays; spaghetti; pizza; tacos; milk; pumpernickel-spinach dip; hot dogs; bacon; eggs; cider; bagel/cream cheese; subs; cold cuts; chili; hamburgs; and ice cream. Foods in this grouping require temperature control either through refrigeration or heating. These foods are products that can cause food illnesses if not kept at proper temperatures. Foods that need to be kept cool must be kept at forty-five degrees or below and cooked foods must be kept at one hundred forty-five degrees or above. Sale or distribution of foods in this category requires prior consultation with authorized departmental staff and university food service officials. If needed, the items in category three must be prepared by and obtained from a licensed food service vendor.

(d) Category four foods are as follows: barbecued beef; roast beef; chicken; pork; potato salad; pot luck dinners; international dinners; Chinese foods. Foods in category four are foods that must be prepared and served by a licensed food operation. These foods are not permitted to be prepared or served by individual organizations.

(5) Any food products that require refrigeration or that have been cooked that are left from the event must be properly discarded once they have been served.

(6) Packaged foods that have not been opened may be saved and reused.

(C) Request for waiver. A request for waiver of any part or provision of paragraphs (B)(3) to (B)(7) of this rule and of the Administrative Code must be submitted in writing to the director of environmental health and safety by the appropriate representative of the student organization, residence hall group, or university department.

Replaces: 3342-4- 06.2

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 10/5/1979, 1/22/1988, 6/10/1991, 9/30/2005, 6/1/2007

3342-4-06.101 Operational procedures and regulations regarding sales.

(A) Purpose. Any registered student organization or university department wishing to engage in sales or fund raising on campus shall contact the center for student involvement ("CSI") to obtain a university sales permit. CSI will evaluate the sales request based on the purpose of the activity and the overall financial structure of the organization.

(B) Criteria. A student organization or department representative shall deposit with CSI an account of the names of the individuals directing sales or fund raising, the time period for the activity, the use of the revenue, the method, and the location of the activity. This material shall be public record in CSI.

(C) Procedure.

(1) Notice. Student organizations and university departments are required to display a university sales permit at the sales site.

(2) Identification. A validated university identification card of the student or students or staff present and directing or participating in the sale is required and must be shown upon request by a university staff member.

(3) Failure to display. Anyone engaged in sales on the university campus without a valid sales permit, clearly displayed, will be notified to cease operation and abandon the premises. In cases where individuals refuse to leave the premises after notification, the notifying university staff member involved will take appropriate action.

(4) Registration. During the registration process with the center for student involvement, the student organization or university department will:

(a) File for a university sales and solicitation and joint venture agreement permit.

(b) Present CSI with a copy of a state of Ohio vendor's license when outside vendors are involved in directing or participating in the sale.

(c) Make arrangements to obtain a space with the scheduling office.

(5) Outside vendor. Student organizations and university departments engaging the services of an outside vendor will be required either to:

Make arrangements with the vendor for a one hundred dollar per day facility rental fee and a minimum one hundred dollar per day sponsorship fee to the organization or department, in advance of scheduling space on campus for the vendor. These fees must be submitted at the time of scheduling.

Replaces: 3342-4-06.101

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 10/5/1979, 1/22/1988, 6/10/1991, 9/30/2005, 6/1/2007

3342-4-07 University policy regarding hazing.

(A) Kent state university students as individuals, members of registered student organizations or any other recognizable groups, teams, or associations of students are expressly prohibited from engaging in hazing. Pursuant to Ohio law under of the revised code section 2903.31 ("hazing") is defined as committing any act or coercing another, including the victim, to commit any act of initiation individually or with any student or other organization that causes or creates a substantial risk of causing mental or physical harm to any person.

(B) In addition to Ohio law, Kent state university defines "hazing" as any action or situation intentionally created, whether on or off university premises, to produce mental or physical discomfort, embarrassment, harassment or ridicule.

(C) Students and/or organizations charged with violating this rule are subject to disciplinary action under the code of student conduct, rule 3342-4-02 of the Administrative Code and this register.

Replaces: 3342-4-07

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 7/18/1983, 2/1/2000, 6/1/2007

3342-4-07.101 Operational procedure regarding hazing.

(A) Policy/statement. All registered student organizations are required to adhere to the following operational procedures regarding hazing:

(B) Prior to any act of pledging or initiation, where applicable:

(1) The Ohio hazing law and the university hazing policy will be displayed in a prominent place in each fraternity and sorority house. The Ohio hazing law will be published annually in the "Digest of Rules and Regulations."

(2) The president, chapter advisor and pledge master of each fraternity and sorority will sign a statement at the beginning of each academic year certifying that he/she has read, understands and will make known to all members and pledges the Ohio hazing law and the university hazing policy.

(3) Faculty/staff advisors or administrative unit heads will make the Ohio hazing law and university hazing policy known to staff and students under their direction (e.g. residence life, intercollegiate athletics, band and ROTC).

(C) The center for student involvement may require a pledge/associate or initiation activity listing from a registered student organization or other student group.

(D) Student organizations that fail to comply with the operational procedure of hazing may be deregistered by the assistant dean for enrollment management and student affairs or designee.

Replaces: 3342-4-07.101

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 7/11/1983, 6/21/1995, 9/5/1995, 5/28/1997, 6/1/2007

3342-4-08 University policy regarding parking regulations.

(A) Preamble.

(1) The general assembly of the state of Ohio has granted the board of trustees the authority to create parking and traffic regulations to control the use of all vehicles on university property.

(2) This rule having been duly approved by the board of trustees is legally enforceable by the duly appointed enforcement officers of the university.

(3) All applicable statutes of the "Ohio Motor Vehicle Code" shall apply to all owners and/or operators of motor vehicles on university property.

(4) Parking services is a university auxiliary service. Generated income shall be used for the operation of parking services, the maintenance and improvement of existing parking areas and the construction of additional parking areas.

(5) All persons on university property must comply with all provisions of these regulations and any lawful order of any duly appointed enforcement officer of the university.

(6) Parking permits are and shall remain the property of Kent state university. A duly appointed enforcement officer of the university may enter a locked vehicle and confiscate a parking permit in cases of continued violations of any section of the parking regulations or for any violation of paragraph (E) of this rule.

(7) A duly appointed enforcement officer of the university may have a vehicle removed if found parked in violation of any of these regulations. Vehicles may be towed or booted for unpaid tickets even though legally parked at the time.

(8) Parking services is authorized to install parking control signs on university property as it deems necessary.

(B) Registration for parking.

(1) The vehicles of all employees and students of the university must display valid parking permits obtained through parking services while parked on campus.

(2) All parking permits must be displayed as directed by parking services.

(3) Parking permits are only valid on vehicles that are operable and display a current license plate registration.

(4) Kent state university parking permits may only be sold by and purchased from parking services exclusively and cannot be resold.

(5) Employees who park their vehicles on university property other than in the free parking area will be charged for their parking permit according to the type of permit they choose. Employees covered by a collective bargaining agreement will be charged for their parking permit in accordance with the terms of the bargaining agreement.

(6) For employees choosing not to pay for parking, a free parking area is provided. All vehicles parked in this area must display the appropriate permit.

(7) University students will be charged for their parking permit in accordance with established rates and the type of permit they choose.

(C) Prohibited parking and driving.

(1) No person operating a motor vehicle on university property shall fail to comply with the provisions of officially-posted parking signs or markings unless otherwise directed by a duly appointed enforcement officer of the university.

(2) No person while operating a motor vehicle on university property shall drive off the designed roadway onto grass or other surface unless specifically directed by a duly appointed enforcement officer of the university.

(3) No person operating a motor vehicle on university property shall park or remain stationary:

(a) On a sidewalk.

(b) On a campus lawn.

(c) In front of a drive.

(d) Within an intersection.

(e) Within ten feet of a fire hydrant.

(f) On a crosswalk

(g) Within any traffic or bus lane.

(h) Blocking a handicap ramp.

(i) Beyond the designated space for parking such vehicle.

(j) Over the time limit allowed by permit restrictions or posted signs.

(k) Against the flow of traffic.

(l) At an expired meter during posted hours.

(m) Without properly displaying a valid permit unless otherwise authorized.

(D) Responsibility. Any ticket issued against a valid permit displayed on a vehicle parked in violation of these regulations will be the responsibility of the registered permit holder, unless the permit was previously reported lost or stolen. If the vehicle does not display a valid permit and the operator is not known, the ticket will be the responsibility of the vehicle owner.

(E) Misuse of parking permits.

(1) No person shall make, possess or display an altered or counterfeit permit.

(2) No person shall possess or display a stolen or found permit or give said permit to another person knowing that the permit was reported lost or stolen.

(3) No person shall knowingly give false information in application for a permit or in the reporting of a lost or stolen permit.

(4) No person shall use a permit for any purpose other than that for which it was intended.

(5) No person shall purchase or furnish a permit to another person who is not authorized to have that permit.

(6) No person shall fail to surrender any permit or gate card to parking services on demand.

(F) Parking privilege suspensions and fines.

(1) A fine will be assessed as indicated herein and must be paid or contested within seven calendar days after issuance of the ticket. Fine payments must be made to parking services, and are as follows:

(a) Paragraph (C) of this rule - fifteen dollars or twenty dollars after seven calendar days for tickets one and two; thirty-five dollars or forty dollars after seven calendar days for tickets three through eight; and fifty dollars or fifty-five dollars after seven calendar days for tickets nine and above.

(b) Paragraphs (E)(3) and (E)(4), (E)(5), and (E)(6) of the rule - fifty dollars or fifty-five dollars after seven calendar days.

(c) Paragraphs (E)(1) and (E)(2) of this rule - one hundred dollars or one hundred five dollars after seven calendar days.

(2) Parking ticket appeals must be submitted online, within seven calendar days of the issuance of the ticket. All appeals will be reviewed by parking services. Once a decision has been made regarding the appeal, the individual will be notified.

(3) If the fine for the parking ticket is not paid or appealed within seven calendar days after issuance, one or more of the following actions may be taken:

(a) Application for renewal of parking permit may be denied.

(b) Vehicle may be towed or booted at the expense of the violator/owner.

(c) Transcript of academic records may be withheld.

(d) Permission to register for classes may be denied.

(e) Parking privileges may be suspended until all past fines are paid, and vehicle towed or booted immediately if found parked on university property.

(4) Parking services may suspend parking privileges for up to one year for the continued violation of any paragraph of this rule or for any violation of paragraph (E) of this rule.

(5) Any person who parks a vehicle on Kent State University property after their parking privileges have been suspended by either parking services or judicial affairs shall be towed or booted at the expense of the owner/violator.

(6) Persons violating any of the regulations set forth herein this rule and of the Administrative Code may be charged under applicable state statutes and/or may be referred to student conduct or the appropriate vice president.

(7) Pursuant to paragraph (B)(1) of this rule, any permit holder who receives a ticket for failure to display a parking permit may be allowed to pay a two dollar administrative charge in lieu of the normal fine.

(G) Validity of regulations. If any provision of this rule, or any part thereof, shall for any reason be held to be illegal, invalid or unenforceable, such illegality, invalidity or unenforceability shall not affect any other provision hereof and the remaining provisions of this rule shall be construed and enforced as if such illegal, invalid or unenforceable provision were not contained herein and each of the remaining provisions hereof shall continue to be effective and operative to the full extent permitted by law.

(H) Temporary modifications. The director of public safety is granted the authority and responsibility for temporarily modifying certain provisions of this rule under extraordinary or unusual circumstances when such modification is in the best interest of the university.

Replaces: 3342-4-08

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 11/4/1977, 8/27/1979, 1/25/1980, 4/5/1982, 6/22/1984, 7/22/1987, 8/14/1996, 10/20/2002, 6/1/2007, 6/22/2007, 7/23/2007, 7/11/2008, 6/20/2012

3342-4-08.1 Administrative polcy regarding parking regulations.

(A) Parking permits.

(1) Faculty and staff will be issued faculty/staff lot permits on a first-come, first-served basis dependent upon available space. Faculty/staff permits are not to be used by anyone other than the university employee.

(2) Students with thirty or more credit hours will be issued either residence hall lot permits or commuter lot permits by class standing on a first-come, first-served basis dependent on available space. Freshmen students (less than thirty credit hours) can only purchase or display a parking permit for Dix stadium, Summit East or the Allerton sports complex lot unless otherwise authorized.

(3) Employees and students who choose to park a vehicle on university property may be limited to the purchase of one permit dependent upon available space.

(B) Special permits and fees.

(1) Temporary replacement permits. Any permit holder who fails to display a valid permit is required to immediately obtain a one-day replacement permit from parking services at no cost.

(2) Service permits. Departmental service permits will be issued to departments upon request in accordance with demonstrated need and available spaces. Authorization for service permits may be required from the appropriate vice president. Departments may be charged an administrative fee for each service permit issued. A service permit may only be used with a valid Kent state university parking permit. Holders of service permits may park in designated service spaces for a period of thirty minutes unless otherwise posted, or in any faculty/staff or student parking space for the amount of time needed to conduct official university business except E-1, state, metered, handicap, and motorcycle spaces or where signs prohibit.

(3) Vendor and construction permits. Companies and individuals who regularly conduct business with the university must register for vendor and construction parking permits at parking services. There is an administrative fee for vendor and construction permits. Holders of these permits may park only as directed by parking services. Kent campus faculty, staff and students are not eligible for vendor or construction permits.

(4) Retiree permits. Retiree permits are issued to those employees who have officially retired from the university. Retiree permits are not to be used by anyone other than the retiree. Holders of these permits may park as directed by parking services.

(5) Handicap permits. Persons with a temporary or permanent physical disability who require special parking consideration must obtain a state handicap placard as well as a valid Kent state university handicap parking permit. Persons with a short-term disability (one month or less) can contact the parking services office for instructions on obtaining a temporary parking permit. Handicap permit fees are the same as regular permit fees for faculty, staff and student respectively. Handicap permits are honored in all handicap parking spaces at any time. Holders of handicap permits may also park in any faculty/staff or student parking space except E-1, state, service, metered and motorcycle spaces or where signs prohibit.

(6) Motorcycle permits. Motorcycle permits are required and must be affixed to the rear fender or tail light of the cycle in such a way that they are visible. Motorcycle permit holders must park only in spaces designated for motorcycle parking. A fee for motorcycle permits will be charged.

(7) State permits. State permits will be issued to university owned or leased vehicles that do not display state license plates. Holders of state permits may park in any parking space except E-1, metered, handicap and motorcycle spaces or where signs prohibit.

(8) Conference parking permits. Individuals or departments planning to conduct conferences, workshops or meetings must notify parking services at least ten days in advance of the date of the scheduled event so that parking arrangements can be made. A parking fee per participant vehicle will be assessed for any conference.

(9) Temporary permits. Any non-permit holder using a motor vehicle on a limited basis may purchase a temporary permit from parking services.

(10) Regional campus. Kent campus permits are issued to regional campus employees to be used while conducting official university business on the Kent campus. This permit may not be used by any Kent campus faculty, staff, or student in lieu of the Kent campus permit for which they are entitled. Regional campus employees who teach or attend classes on the Kent campus must purchase a Kent campus parking permit.

(11) Special event parking fees. Parking fees may be assessed for special events. Operators of vehicles displaying valid Kent state university parking permits may be charged for special event parking.

(C) Lost or stolen permits. A lost or stolen parking permit will be replaced and charged an administrative fee once the appropriate lost or stolen report form is completed.

(D) Visitor parking.

(1) Visitors are required to obtain and display a valid permit or pay the required parking fees when parking on university property, unless otherwise posted or authorized in advance by parking services.

(2) The student center lot is reserved primarily for visitors. Charges will be assessed for using this lot.

(3) Metered areas are provided for use by visitors. No person shall park a vehicle in any such area without depositing coins in the meter to cover the time for parking during posted hours. Other than during posted hours, vehicles may be parked at meters without charge.

(4) Residence hall visitors may obtain a visitor permit at no cost from the residence hall area desks.

(5) Visitors should contact parking services during business hours or police services during non-business hours, for assistance or parking information.

Replaces: 3342-4-08.1

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 8/14/1996, 10/31/2002, 6/1/2007, 7/4/2008, 6/20/2012

3342-4-09 University policy regarding the operation, regulation, and control of motor vehicles on campus.

(A) Purpose. Under the authority of section 3345.21 of the Revised Code, the board of trustees of Kent state university has adopted Title 45 of the Revised Code for the regulation of motor vehicles on campus.

(B) The board of trustees of Kent state university specifically authorizes the Kent state university police department to enforce all sections contained within Title 45 of the Revised Code on all applicable streets, roads, and access drives on campus.

(1) Kent state university police department is directed to enact speed limits within the guidelines of Title 45 of the Revised Code.

(2) Kent state university police department is directed to erect and maintain traffic control devices (including speed limit signs) as defined in division (QQ) of section 4511.01 of the Revised Code.

Replaces: 3342-4-09

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 1/13/198, 9/26/2005, 6/1/2007

3342-4-10 University policy regarding the Kent student center, Risman plaza, and student green.

(A) Policy statement. The vice president for student affairs shall be responsible for oversight of the operation of the Kent student center, the Risman plaza and student green, as well as the development, implementation, and review of the policies and procedures necessary to provide for the orderly and efficient use of such areas.

(B) Omit Implementation. The vice president for student affairs may delegate the authority necessary to carry out the duties and responsibilities of this policy.

Effective: 6/17/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01, 3341.04
Rule Amplifies: 3341.04

3342-4-10.1 Administrative policy regarding use of the Kent student center, Risman plaza, and student green.

(A) Policy statement. The Kent student center, Risman plaza, and student green provide invaluable resources to the Kent state university community. In order to ensure the continued accessibility of these resources, the vice president for student affairs is responsible for developing, implementing and reviewing the policies relating to the proper use of these facilities.

(B) Definitions.

(1) Risman plaza. The area immediately in front of the Kent student center as indicated by area maps and markers.

(2) Student green. The developed area of green space (along with the constructed platform) immediately to the south of Risman plaza and the three flagpoles.

(C) Implementation.

(1) Scheduling. In addition to the other activities provided for in policy or through normal operational procedures of the university, the university scheduling office shall be responsible for the scheduling of all areas of the Kent student center, Risman plaza, and student green.

(a) Students, staff, faculty or third parties intending to reserve one of the areas of the Kent student center, Risman plaza, and student green should contact the university scheduling office before committing any resources to the event to ensure both availability of the space and that the appropriate procedures are followed.

(b) The university scheduling office is responsible for developing, implementing, posting, and revising when necessary policies and procedures for reserving available areas of the Kent student center, Risman plaza, and student green. Such policies must be posted publically on the university scheduling office website or otherwise made immediately available to a requesting party.

(c) All requests for use of any area of the Kent student center, Risman plaza, and/or student green beyond normal Kent student center operating hours must be approved by the university scheduling office before the event is confirmed. The university scheduling office is responsible for any procedures related to the application and approval of events scheduled beyond normal building operating hours and any fees or charges as necessary to ensure the safe, secure, and orderly operation of the facility, or area, during those events.

(2) Sales and solicitation. Student organizations and university departments participating in activities scheduled in the Kent student center, Risman plaza, and/or student green involving sales and solicitation must apply for and secure, in advance, a university sales and solicitation permit. Sales and solicitation activities are not permitted in the Kent student center, Risman plaza, and/or student green unless a university sales and solicitation permit has been approved by the university scheduling office.

(a) The university scheduling office is responsible for developing, implementing, posting, and reviewing, when necessary, policies and procedures for the application, consideration, and disposition of the university sales and solicitation permit.

(b) Such policies will not conflict with the following requirements:

(i) Once approved, the sales and solicitation permit must be displayed at the site of the event at all times.

(ii) All sales and solicitation must be conducted from behind a reserved table or display.

(iii) Student organizations and university departments engaging the services of an outside vendor must ensure that the vendor remits the fees assessed to third parties for facility rental, sponsorship and/or setup fees, and that each vendor obtains and displays a state of Ohio vendor's license in addition to the university sales and solicitation permit.

(D) Violation.

An individual, group, student organization, department or entity found in violation of this policy or the rules and regulations regarding use of the Kent student center, Risman plaza, and/or student green may have such use suspended or otherwise prohibited from any further use of such facilities in the future.

(1) Students and/or student organizations found in violation of such policies may be subject to disciplinary action under the student code of conduct, as provided for in rules 3342-4-02 and 3342-4-02.1 of the Administrative Code.

(2) Staff and faculty members found in violation may be subject to disciplinary action in accordance with university policy or applicable collective bargaining agreement.

Effective: 5/30/2017
Promulgated Under: 111.15
Statutory Authority: 3341.04
Rule Amplifies: 3341.01, 3341.04
Prior Effective Dates: 8/3/2015

3342-4-10.2 Administrative policy regarding promotional materials on the outside of the Kent student center.

(A) There shall be no signs or promotional materials on the outside of the Kent student center, or between structures, unless by special permission arranged with the director of the center or designee.

(B) Permission will be considered only if:

(1) The event is to be held in the Kent student center.

(2) The event is a recognized major university event.

(3) The material can be displayed without harm to persons or property.

(4) The material is put up by authorized university personnel.

(5) The name of the organization sponsoring the notice is clearly visible.

(6) The date of the event being announced or the date on which the notice is considered to have fulfilled its function is included.

(7) Materials are removed no later than the day following the event or the end of the promotional period.

(C) Any material not fulfilling these requirements will be removed by university personnel.

Replaces: 3342-4- 10.2

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 11/4/1977, 10/26/1979, 6/1/2007

3342-4-10.101 Operational procedures and regulations regarding Kent student center advisory board.

(A) Purpose.

(1) The purpose of the Kent student center advisory board is to aid in the development of general policy for the Kent student center; to assist in the formulation and review of its annual budget; and to recommend solutions to procedural problems in the daily operations of the Kent student center. The Kent student center advisory board is a recommending body which will submit all its policy recommendations through the director of the Kent student center to the vice president for enrollment management and student affairs for approval by the board if necessary.

(2) With regard to operational procedures and regulations, the recommendations of the Kent student center advisory board will be submitted to the director of the Kent student center for implementation. Should the Kent student center advisory board reach a recommendation that the director of the Kent student center believes to be administratively detrimental to the Kent student center, both parties will present their views to the vice president for enrollment management and student affairs for his or her ruling on the issue.

(B) Membership.

(1) Voting members. One representative shall be appointed by the following organizations:

(a) All campus programming board;

(b) Alumni relations;

(c) Black united students;

(d) Commuter and off campus student organization;

(e) Faculty representative appointed by faculty senate;

(f) Graduate student senate;

(g) Inter-Greek programming board;

(h) Kent interhall council;

(i) Undergraduate student government; and

(j) Nonaffiliated students.

(2) One alternate shall be appointed by each of the organizations listed in this paragraph. The alternate shall vote only in the absence of the representative.

(3) Two nonaffiliated student representatives and a nonaffiliated alternate for each shall be appointed by the board. The alternate shall vote only in the absence of the representative.

(4) Ex officio, nonvoting members;

(a) Director, Kent student center;

(b) Assistant dean for enrollment management and student affairs; and

(c) A representative of the mayor of the city of Kent.

(5) The attendance of the assistant dean for enrollment management and student affairs and the representative of the mayor of the city of Kent is optional, depending on the agenda.

(C) Organization.

(1) General.

(a) Each group or organization represented may select the term of office for its representative. Groups are encouraged to make the term of office for at least one academic year. Each organization shall send to the secretary of this board written confirmation of the names of its appointees at the time of said appointments.

(b) Any necessary suborganization of the board shall be established by the chairperson.

(2) Officers.

(a) The director of the Kent student center shall be the chairperson. Clerical help to staff the committee will be provided by the director.

(b) A student will be elected to serve as vice chairperson.

(3) A quorum is defined as fifty per cent or more of the voting members during the academic year and thirty per cent of voting members during the summer.

(4) Plurality. A two-thirds vote of those members present and voting shall be required to pass any motion or nomination.

(D) Loss of voting privilege.

(1) Either the representative or the alternate representative of an organization is expected to attend each board meeting. In the event that an organization fails to have such a person present for at least half of the regularly scheduled meetings in any given semester, that organization shall lose its voting privilege beginning with the next semester. An organization may regain its vote by sending a nonvoting representative to three consecutive board meetings. The vote is regained at the third meeting.

(2) Each nonaffiliated student representative or the alternate representative is expected to attend each board meeting. Failure of a nonaffiliated member to attend at least half of the regularly scheduled meetings in any semester shall result in dismissal of said student from membership on the board, effective at the end of the semester.

(3) A vote may be neither lost nor regained during summer session.

(E) Meetings. The Kent student center advisory board will meet at least once each month. Meetings may be called more frequently at the discretion of the chairperson or the director of the Kent student center.

(F) Rules of order. In any situation regarding rules of order not covered in this document, the latest revision of "Robert's Rules of Order" will prevail.

Replaces: 3342-4-10.101

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 11/4/1977, 10/5/1979, 4/30/1982, 6/21/1995, 5/9/1997, 6/4/2003, 6/1/2007

3342-4-10.102 Operational procedures and regulations regarding solicitation and sales in the Kent student center and Risman plaza.

(A) Purpose. Student organizations and university departments are required to display a university solicitation and sales permit.

(B) Scope. These procedures shall apply to university employees such as administration, faculty, staff and graduate assistants sponsored by their respective departments and registered student organizations as noted.

A member of the sponsoring organization or university department must be present at the sale and/or solicitation site at all times. Members of student organizations and university departments directing or participating in the sale must be currently registered for classes or be employed by the university.

(C) Procedures.

(1) All sales and solicitation must be conducted from behind a reserved table or display.

(2) Registration. During the registration process with the office of campus life, the student organization or university department will:

(a) File for a university solicitation and sales permit.

(b) Present the office of campus life with a copy of a state of Ohio vendor's license when outside vendors are involved in directing or participating in the sale.

(c) Make arrangements to obtain a space with the scheduling office.

(d) Obtain a sales and solicitation and joint venture agreement permit for use with the vendor and general instruction in its use.

(3) Outside vendor. Student organizations and university departments engaging the services of an outside vendor will be required to:

(a) Make arrangements with the vendor for a one hundred dollar per day facility rental fee and a minimum one hundred dollar per day sponsorship fee to the organization or department, in advance of scheduling a space on campus for the vendor. These fees must be submitted at the time of scheduling.

(b) All outside vendors will be assessed one hundred dollars per table per day set up charge. In addition:

(i) The solicitor or vendor will remit the total due for the duration of the solicitation or sale before the sale begins the first day.

(ii) Only cash or money order will be accepted for payment.

(iii) Payment will be made to the designated Kent student center account clerk located in the first floor student center office. In the account clerk's absence payment will be made to the student center representative appointed by the Kent student center director's assistant for financial affairs. Information as to who is collecting fees can be obtained from the Kent student center receptionist.

(iv) The fee is nonrefundable, unless the university cannot deliver its services.

(v) A receipt will be issued to the vendor. This receipt will stand as proof to the Kent student center operations department that the vendor has complied with, and is knowledgeable of, paragraph (I) of this rule. Provided all other procedural stipulations are met and understood by the vendor, the sale or solicitation can proceed.

(c) All outside vendors are required to obtain and display a state of Ohio vendor's license in addition to the university's solicitation and sales permit.

(D) Violation.

(1) Anyone engaged in sales or solicitation in the Kent student center or Risman plaza without a sales and solicitation permit will be notified to cease their operation and abandon the premises. In cases where individuals refuse to leave the premises after notification, the notifying university staff member involved will take the appropriate action.

(2) Student violators of this rule or of its attendant administrative procedures are subject to disciplinary action under the code of student conduct, rule 3342-4-02 of the Administrative Code. Staff and faculty violators are subject to established sanctions.

Replaces: 3342-4-10.102

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 11/4/1977, 6/21/1995, 2/12/2003, 9/26/2005, 6/1/2007

3342-4-10.103 [Rescinded] Operational procedures and regulations regarding scheduling events beyond normal building operating hours in the Kent student center.

Effective: 7/6/2015
Promulgated Under: 111.15
Statutory Authority: 3341.04
Rule Amplifies: 3341.01, 3341.04
Prior Effective Dates: 11/4/1977, 10/5/1979, 9/26/2005, 6/1/2007, 3/1/2015

3342-4-10.104 [Rescinded] Operational procedures and regulations regarding access to the Kent student center student organizations area beyond normal building hours.

Effective: 7/6/2015
Promulgated Under: 111.15
Statutory Authority: 3341.04
Rule Amplifies: 3341.01, 3341.04
Prior Effective Dates: 11/4/1977, 4/30/1982, 9/26/2005, 6/1/2007, 3/1/2015

3342-4-10.105 [Rescinded] Operational procedures and regulations regarding key or lock change requests for Kent student center facilities.

Effective: 7/6/2015
Promulgated Under: 111.15
Statutory Authority: 3341.04
Rule Amplifies: 3341.01, 3341.04
Prior Effective Dates: 11/4/1977, 6/4/2003, 9/26/2005, 6/1/2007, 3/1/2015

3342-4-10.106 [Rescinded] Operational procedures and regulations regarding the stamping of Kent student center parking lot tickets.

Effective: 7/6/2015
Promulgated Under: 111.15
Statutory Authority: 3341.04
Rule Amplifies: 3341.01, 3341.04
Prior Effective Dates: 11/4/1977, 12/16/1988, 9/30/2005, 6/1/2007, 3/1/2015

3342-4-10.107 Operational procedures and regulations regarding wild and domestic animals in the Kent student center.

(A) No animals, with the exception of guide dogs for the blind, are permitted in the Kent student center.

(B) The admittance of animals must be restricted because of the possible health, sanitation, safety, and noise problems related to allowing animals in the student center.

(1) Some animals carry diseases and infestations that are communicable to man.

(2) Some animals can and will inflict bites or wounds on human beings.

(3) Some persons fear various kinds of animals and these persons should not have to be confronted with these pets while utilizing Kent student center facilities.

(4) Some animals make noise which can disturb the peace, especially barking dogs in meeting and office areas.

(5) Animals create sanitation problems.

(6) There are several food service operations in the Kent student center which must be protected against the entrance of animals, not only out of courtesy to customers eating in those facilities, but also because of the sanitation problem and to comply with the statutes of the state of Ohio relating to sanitation.

Replaces: 3342-4-10.107

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 11/4/1977, 6/1/2007

3342-4-10.108 [Rescinded] Operational procedures and regulations regarding Kent student center lobbies.

Effective: 7/6/2015
Promulgated Under: 111.15
Statutory Authority: 3341.04
Rule Amplifies: 3341.01, 3341.04
Prior Effective Dates: 11/4/1977, 4/30/1978, 10/26/1979, 2/18/1983, 9/30/2005, 6/1/2007, 3/1/2015

3342-4-10.109 Operational procedures and regulations regarding the university center plaza.

(A) Purpose. In order to assure the orderly calendaring and planning for events and special activities held within the plaza area the following regulations will pertain.

(B) Procedures.

(1) Scheduling events and special activities in the plaza.

(a) Registered student organizations or university departments may request the use of the university center plaza for special activities and events by following the procedures spelled out below. Nonuniversity groups, organizations or individuals may request the use of the plaza for a special event or activity only through a sponsoring academic or administrative department of the university or a registered student organization. Any individual, group, or organization permitted to schedule a special activity or event in the plaza will be responsible for all expenses and/or any damages incurred. Further, the sponsor of a nonuniversity individual, group, or organization may lose the privilege of sponsorship in the event that the sponsored nonuniversity individual, group or organization fails to adhere to all university policies, rules, and regulations, or local, state, and federal laws.

(b) All requests must first be reviewed by the plaza curator before the activity or event can be scheduled so that necessary provisions are made and accepted. (Student organizations must fill out a "VIP Event" form at the office of campus life following paragraph (B)(1) of this rule.

(c) Registered student organizations and university departments are encouraged to request facilities and services at least forty-eight hours prior to the event.

(d) Because of possible weather problems, the scheduling of an appropriate backup area for the intended event is desirable. If an event cannot take place because of weather and there is no scheduled backup area, the event must be canceled.

(e) Only that area of the plaza designated by the university scheduling office is available for scheduled activities and events. The scheduling organization is responsible for insuring that spectators do not gather on the walkway under the overhang.

(f) The university permits assemblies of registered student organizations and university departments without prior written approval on the university center plaza. All such assemblies must be conducted in accordance with all the guidelines of the plaza and must be so conducted so that campus pedestrian and automobile traffic are unimpeded and members of the university community not participating in the assembly may proceed with their normal activities.

(g) To avoid space conflicts, groups are encouraged but not required to reserve the university plaza for such assemblies.

(h) Scheduled events and activities have priority over nonscheduled assemblies.

(2) Use of equipment in the plaza.

(a) All equipment needed for activities or events to be held on the plaza must be coordinated through the Kent student center operations department.

(b) Because of academic and research activity in the library, audio equipment such as, but not limited to, amplifiers and speakers will be permitted only between the following hours:

(i) Twelve noon and one p.m. Monday through Saturday; and

(ii) Five p.m. Saturday and twelve noon on Sunday

(c) Special hours may be arranged for events held during breaks in the academic schedule. Requests must be submitted to the plaza facility curator who will seek approval from the curator of the university library.

(3) Special provisions for the use of the plaza area.

(a) Cars, vans, trucks, motorcycles, golf carts, or heavy equipment are not permitted on the plaza without the expressed approval of the associate vice president for facilities planning and operations or designate.

(b) Drilling or pounding holes in the plaza for, but not limited to, anchoring platforms, props, art work, signs, rides, is not permitted.

(c) Paint is not to be used on the plaza or adjacent structures.

(d) Electrical cords that will cause hazardous walking conditions to spectators and overhead wires are not permitted.

(e) Banners, props, signs or art work may not be hung or attached to, or between, structures in the plaza. Poles for this purpose may be scheduled through the operations office.

(f) Fires are not permitted on the plaza.

(g) No activity shall be permitted in or around the immediate vicinity of the fountain.

(h) The group or individual scheduling or using the plaza will be held financially responsible for any cleanup or maintenance resulting from the event or activity.

(i) The sale and/or distribution of products that may be ingested into the body is not permitted unless the products have been prepared and/or furnished by university food services. (See sales and solicitation procedures.).

(j) Displays or equipment are limited in weight to five hundred pounds maximum.

(C) Responsibility. The plaza curator is responsible for the maintenance of these procedures. Groups and individuals using the university plaza must adhere to all university policies, rules, procedures, and all local, state, and federal laws, which include adhering to scheduled event times and the proper cancellation of events.

(D) Violation. Violators are subject to disciplinary action under the code of student conduct, appropriate university sanctions, and/or criminal laws.

Replaces: 3342-4-10.109

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 12/11/1979, 6/21/1995, 9/30/2005, 6/1/2007, 2/4/2011

3342-4-11 University policy regarding formation of student organizations.

Purpose. The university is committed to the belief that students have a right to organize and participate in groups whose purposes center on the interests and goals of the individuals involved. Experiences in the areas of interpersonal relationships and decision-making related to the operations of the organizations can be vital learning tools and as such are to be encouraged. In order to implement this commitment, the university encourages students to form student organizations in accord with administrative policies and procedures established for this purpose.

Replaces: 3342-4-01

Effective: 11/1/2016
Promulgated Under: 111.15
Statutory Authority: 3341.04
Rule Amplifies: 3341.01, 3341.04
Prior Effective Dates: 11/4/1977, 4/30/1982, 9/26/2005, 6/1/2007, 3/1/2015

3342-4-11.1 Administrative policy regarding discrimination by organizations based on race, color, religion, gender, sexual orientation, national origin, disability, or identity as a disabled veteran or veteran of the Vietnam era.

(A) Policy. Every student organization registered and approved by the university is expected to be free to select its membership upon the basis of individual merit. Any student organization selecting its membership upon the basis of restrictive clauses dealing with race, color, religion, gender, sexual orientation, national origin, disability, or identity as a disabled veteran or veteran of the Vietnam era will be considered to be operating in conflict with university policy.

(B) Procedure. Every registered student organization must submit a copy of its constitution, local and national, and bylaws or other satisfactory information governing its operation to the appropriate university official. The university will accept in good faith the provisions of such constitutions and bylaws, indicating that the local organization is free to select members upon the basis of individual merit and that membership in the local organization is not governed by restrictive clauses which deal with race, color, religion, gender, sexual orientation, national origin, disability, or identity as a disabled veteran or veteran of the Vietnam era.

(C) Violation of rule or procedure. Should a student organization be in conflict with university policy in the selection of its members, the group will be asked to submit evidence that action has been or is being taken to remove such restrictive membership provision; such as a request for a waiver of the restriction from the national organization. A reasonable period of time as determined by the center for student involvement may be granted to remove the restrictive provisions. Continued restriction of membership by constitutional requirements or other binding enactment contrary to university policy will result in withdrawal of university registration of the student organization. This policy does not apply to membership practices which are exempt under state or federal law and regulations.

Replaces: 3342-4- 01.1

Effective: 11/1/2016
Promulgated Under: 111.15
Statutory Authority: 3341.04
Rule Amplifies: 3341.01, 3341.04
Prior Effective Dates: 11/4/1977, 7/10/1985, 8/16/1991, 5/24/1995, 6/1/2007, 3/1/2015

3342-4-11.2 Administrative policy regarding the registration of student organizations.

(A) Purpose. The university supports the right of individuals to organize and participate in organizations within the context of general university, student, alumni and community interests.

(B) Definitions.

(1) "Student member" - one who is enrolled and regularly attending at least three hours of Kent state university coursework. This includes Kent campus and/or regional campuses.

(2) "Affiliate member" - one who is taking less than three hours or is not currently enrolled, but is "interested in working with the organization's membership. Such members may not outnumber student members, may not hold office, vote for officers, or vote on the expenditures of money. Furthermore, they may not schedule university facilities or services in on behalf of the organization. Such Affiliate members must be elected yearly by a majority of voting members. Membership is for one year contingent on adherence to the organization's constitution which must include the rights and restrictions of affiliate members. Affiliate members are expected to know, understand and abide by all university rules and regulations as well. Affiliate members have no vote on organization matters and may not participate in discussions during meetings except by majority of voting members present.

(3) "Registered group" or "recognized student organizatior" - the status given to those student organizations which register with the center for student involvement. In order to be registered, a group must include at least five persons, all of whom meet the criteria for offices/representatives of student organizations under paragraph (B)(1) of rule 3342-4-01.3 of the Administrative Code.

(4) "Interest groups" - a group of students that indicate interest in creating a student organization. Students in an interest group must provide a draft of their proposed student organization bylaws/constitution to a center for student involvement administrative staff member. Interest groups with Greek affiliation must follow the guidelines set in the Greek recognition policy.

(5) "Group function" - an event, meeting or gathering of a registered group.

(C) Procedure.

(1) Registration. All student organizations, including but not limited to departmental groups, interest groups, recreational clubs, political groups, and nonchartered governmental organizations, are required to register with the center for student involvement and provide information.

Such information includes, but is not limited to. the organization's name and mailing address, a statement of its goals and purposes, and a statement concerning nondiscrimination based upon the protected categories as defined in rule 3342-5-16 of the Administrative Code. This information will be made available to anyone requesting it, unless the organization specifically requests that it be restricted to those officially connected to the university, such as students, staff, and faculty.

(2) Responsibility. Registered groups are responsible for the conduct of their members and guests at group functions as well as for all costs incurred at such events.

(3) Use. Registration permits organizations to use university services and facilities, as for example the scheduling office for space needs or the student accounts office for accounting assistance. Additionally, only registered groups may request allocated funds derived from the student activity fee.

(4) Disclaimer. Registration does not imply either university approval or disapproval of the organization's purposes.

(5) The director of the center for student involvement or designee will make final determination regarding organizational registration and will adopt such procedures as necessary for the implementation of the registration process.

(6) Appeals. Appeals regarding granting or rescinding of registered group status may be made to the associate dean of students, which shall forward its recommendation to the vice president for student affairs or designee, who shall make the final determination.

Replaces: 3342-4-01.2

Effective: 11/1/2016
Promulgated Under: 111.15
Statutory Authority: 3341.04
Rule Amplifies: 3341.01, 3341.04
Prior Effective Dates: 11/4/1977, 10/5/1979, 2/10/1984, 7/25/1989, 8/16/1991, 6/5/1995, 4/21/1997, 3/7/2000, 9/26/2005, 6/1/2007, 3/1/2015, 8/3/2015

3342-4-11.3 Administrative policy regarding participation in student activities.

(A) Purpose. A student's pursuit in extracurricular activities is an essential part of the overall educational opportunities offered at Kent state university. Students who seek to engage in these activities, whether specifically stated herein or otherwise, must meet certain eligibility requirements established either by the university, the student organization, or other entity.

(B) Student organization. Each student organization may set such additional requirements as may be appropriate to its own purposes. These requirements must be placed on file, in the form of a constitution or bylaws, with the center for student involvement (CSI).

(1) Requirements.

(a) Any student that is provided a scholarship for a leadership position, as defined in rule 3342-7-05.3 of the Administrative Code, must be enrolled in at least eight undergraduate credit hours or six graduate credit hours.

(b) Any student that is provided a scholarship for a leadership position must maintain a cumulative grade point average of 2.25, free from academic probation or semester warning, and have passed at least six or more hours in the preceding semester of attendance. First semester students who are not officially classified under a transfer status are exempt from these requirements.

(c) All student officers and/or spokespersons of registered student organizations not that is not provided a scholarship by university policy must maintain a cumulative grade point average of 2.25 and remain free from probation or semester warning.

(d) A single summer term does not impact eligibility except in regard to the cumulative grade point average. A two-term summer program has the same status as any other semester.

(e) The primary advisor and the president of each organization are primarily responsible for determining the eligibility of its participants and for enforcing the eligibility regulations. Any members of, or advisor to, an organization may request that the CSI staff determine the eligibility of officers of that organization on the basis of these criteria. Additionally, the CSI officer may initiate the checking procedure. If any students are ineligible to hold office, the advisor and president will be notified. Any student who is a participant in the activities described in this rule must withdraw from such activity at once if he becomes ineligible to participate. The primary advisor shall be required to review student standing at the beginning of each academic term.

(C) Intercollegiate athletics. In order to participate in intercollegiate athletics, student must meet all NCAA and MAC eligibility requirements as they may be amended from time to time.

Replaces: 3342-4-01.3

Effective: 11/1/2016
Promulgated Under: 111.15
Statutory Authority: 3341.04
Rule Amplifies: 3341.01, 3341.04
Prior Effective Dates: 11/4/1977, 9/11/1979, 1/25/1980, 6/25/1989, 5/24/1995, 2/28/1997, 4/21/1997, 9/26/2005, 6/1/2007, 7/18/2008, 3/1/2015, 8/3/2015

3342-4-11.4 Administrative policy and procedures regarding publications by student organizations.

(A) Purpose. All student groups must have adequate funding to support their publication.

(B) Applicability. This rule applies to materials published by student groups. It covers only those materials not receiving funding from the student media board.

(C) Procedure. The center for student involvement is responsible for determining whether or not the group has adequate funding to support its publication.

(1) All registered student organizations receiving money from university funds must have publications approved by the director of center for student involvement or designee, who will act in place of a major budget officer. The staff signature assures that the following verifications have been made:

(a) The group in question is a registered student organization;

(b) Sufficient funds exist in the treasury of the student group to support the publication;

(c) The publication being proposed does not involve an illegal use of state monies; and

(d) The spending of student activities funds is consistent with the original line item budget accepted by the undergraduate student government.

(2) Registered student organizations that do not receive university funds may choose to have publications processed through the office of student media. If they decide to utilize the office of student media, the same policy and procedures will apply as to those organizations funded by the student media board.

Replaces: 3342-4- 01.4

Effective: 11/1/2016
Promulgated Under: 111.15
Statutory Authority: 3341.04
Rule Amplifies: 3341.01, 3341.04
Prior Effective Dates: 11/4/1977, 8/31/1979, 10/22/1993, 5/5/1995, 10/3/2005, 6/1/2007, 8/25/2014, 3/1/2015, 10/12/2015

3342-4-11.5 Administrative policy regarding solicitation by registered student organizations or university departments.

(A) "Solicitation," in this rule, is defined to mean any effort to ask for donations or contributions of money, goods or services.

(B) Solicitations among strictly the membership of a particular registered student organization or university department by that group or university department does not fall within the purview of this rule but is governed by the group's or department's own regulations.

(C) It is the responsibility of the vice president for student affairs to develop operational procedures to implement this rule.

(D) Individuals may not ask for donations or contributions of money, goods, or services or written advocacy of a cause unless sponsored by a registered student organization or university department.

(E) Solicitation of money, goods or services is permitted inside buildings only from behind tables which have been previously reserved through the university scheduling office.

(F) Written advocacy of a cause may be conducted inside buildings consistent with rule 3342-4-03.302 of the Administrative Code. Outdoor solicitations are permitted provided that free flow of traffic is not impeded. Door to door solicitation or solicitation in food service areas are expressly prohibited.

Replaces: 3342-4- 01.5

Effective: 11/1/2016
Promulgated Under: 111.15
Statutory Authority: 3341.04
Rule Amplifies: 3341.01, 3341.04
Prior Effective Dates: 11/4/1977, 9/18/1978, 10/26/1979, 10/18/1982, 2/10/1984, 12/20/1985, 6/5/1995, 5/9/1997, 3/7/2000, 6/1/2007, 3/1/2015

3342-4-11.6 Administrative policy regarding social events sponsored by registered student organization.

(A) Purpose. This policy shall govern all social events sponsored by registered student organizations held on any Kent state university campus.

(B) Definitions. A "social event" is a non-academic event on any Kent state university campus where entertainment sponsored by a registered student organization is scheduled to begin or continue after nine p.m., and will be attended by both Kent state university students and non-Kent state university students.

(C) Implementation.

(1) All social events must be registered by the student organization with university events and conference services no less than forty-five days from the anticipated date of the event.

(2) Upon acceptance of the completed registration materials, the student organization must attend an event safety and planning meeting as scheduled by the university events and conference services.

(3) All social events on any Kent state university campus shall end no later than midnight for event scheduled Sunday through Thursday evenings; and no later than one a.m. for events scheduled Friday and Saturday evenings. Ending times are subject to change depending upon space availability, contiguously scheduled events, and/or normal hours of operation.

(4) Attendees and guests at social events must be either:

(a) Registered and currently enrolled Kent state university students; or

(b) Non-student guests accompanied by a current Kent state university student (one guest per student). Guests must be at least eighteen years of age, be able to provide an acceptable form of identification upon request, and sign-in, in order to be admitted to the event.

The Kent state university student is responsible for registering the guest in accordance with university procedures and by doing so agrees to be responsible (to the extent permitted by law and university policy) for the guest's actions including but not limited to damage to property. Non-student guests who are not registered shall not be admitted to the event.

For example, if a guess is ordered to leave the event by security, university staff, or the student organization representative, the sponsoring student will be required to leave the event as well.

(5) Social events under this policy shall not be advertised by the sponsoring organization through off-campus radio, television or newspapers.

(6) The dean of students, or regional campus dean, may grant exceptions to this rule.

Organizations requesting an exemption must do so in writing no later than ten days prior to the scheduled event.

(7) If the special events security committee, or regional campus dean, determines additional security is necessary for the event, the student organization shall be notified and shall be responsible for any additional costs directly related to the event.

(8) University departments that are co-sponsoring any social event with a registered student organization are strongly encouraged to consult the center for student involvement.

(D) Violations. Any violation of this policy may subject an event to immediate cancellation or termination by the university. Violation of this policy directly related to actions or inactions attributed to the student organization may result in the ineligibility of the student organization to schedule future events or other sanctions as proived for in the student conduct policy. The dean of students , or regional campus dean, has the final authority to immediately terminate or cancel an event.

Effective: 1/2/2018
Promulgated Under: 111.15
Statutory Authority: 3341.04
Rule Amplifies: 3341.01, 3341.04
Prior Effective Dates: 10/22/1986, 02/17/1989, 09/05/1995, 05/28/1997, 10/20/2002, 06/01/2007, 03/01/2015, 11/01/2016

3342-4-11.201 Operational procedures and regulations regarding the registration of student organizations.

(A) Purpose. A student group wishing to register will complete a registration form and submit this information to the center for student involvement.

(B) Procedures.

(1) Review. While this review is in process, the requesting group may schedule space for a maximum of two organizational meetings or informational activities pending official registration status.

(2) Notice. A center for student involvement staff member will determine if the information and registration materials fulfill requirements for registration and will make notification of the results within fifteen calendar days.

(3) Renewal. Registration is subject to annual renewal through submission of the updated information during the first four weeks of the fall term. Additionally, the center of student involvement must be notified any time during an academic year when new officers are elected.

(4) Affiliate members. The organization's constitution must state whether the organization accepts affiliate members. The center for student involvement provides relevant policies regarding affiliate membership to all student organizations as defined in rule 3342-4- 11.2(B)(2) of the Administrative Code.

(C) Denial and rescission. Registration may be denied or rescinded for the following reasons by the center for student involvement:

(1) If any member (student or affiliate) places the organization in violation of the administrative policy regarding the registration of student organizations;

(2) If the proposed organization illegally discriminates against those seeking membership;

(3) If the organization fails to complete the registration process by the end of the fourth week of the fall term or by a later date set by a designee from the center for student involvement;

(4) If the organization has a university account with a deficit balance and has not made an adequate attempt to rectify the situation;

(5) If the organization no longer desires official registration status;

(6) If the organization has been responsible for violations of university policy.

(7) If the organization does not have a primary advisor as recognized by the university.

(D) Loss of Registration. Decisions regarding loss of registration will be made by administrative review and/or the student conduct process as outlined in rule 3342-4-02.1 of this Administrative Code.

(1) Loss of registration rescinds all privileges granted to a registered student organization. Members wishing to regain registered status must reinitiate the entire procedure outlined above. Renewal of registration is not guaranteed; evidence must be presented in reference to current chances for success of the organization.

(E) Student organizations and conduct process. The university is committed to the belief that students have a right to organize and participate in groups whose purposes center on the interests and goals of the individuals involved. Resolution of a student organization issue pertaining to an alleged violation of University policy will be addressed through the student conduct process. To make a formal complaint, a person with direct information about a student organization may go through a law enforcement agency, the center for student involvement designee, or the office of student conduct. The formal complaint process is outlined below. An informal complaint may be considered through the student ombuds, student mediation services as provided for in rule 3342-4-02.1(I) of the Administrative Code, or the dean of students.

(1) The dean of students may refer the information to the vice president for enrollment management or designee and student affairs (or designee) to initiate an interim action as provided for in rule 3342-4-02.1 of the Administrative Code at any time prior to, during, or after an allegation of inappropriate behavior involving a student or student organization.

(2) The dean of students may initiate an investigation based on allegations of inappropriate behavior (not addressed through the all-university hearing board as provided for in the university undergraduate student government charter codified as rule 3342-2-08 of the Administrative Code) by appointing an investigation committee. The investigation committee may be composed of faculty, staff, and/or students who do not have a conflict of interest with the student organization(s) under review.

(3) The investigation committee may ask any persons who they believe may have information regarding the alleged inappropriate behavior (student, non-students, advisors, etc.) to participate in the investigation process. The investigation committee will review to determine if the alleged inappropriate behavior may be in violation of university policies or procedures or may be detrimental or disruptive to the university community and/or prohibited by federal, state, or local laws or ordinances. On the basis of the information gathered through the investigation and by a preponderance of the evidence, the investigation committee will make a recommendation to the dean of students.

(4) The dean of students may choose to take one or more of the following actions:

(a) Refer for adjudication through the office of student conduct.

(b) Refer to the all-university hearing board within the jurisdiction provided.

(c) In accordance with this rule, the dean of student may authorize stipulations for non-conduct-related issues.

(d) End the investigation with no stipulations or formal referrals.

(5) A student organization and its officers and membership may be held collectively and individually responsible when violations of the code of student conduct by the organization, or its members take place. The dean of students may forward a student organization and/or individual members of a student organization alleged to have violated university rules, regulations, or policies to the office of student conduct for adjudication. If a student organization is forwarded to the office of student conduct for adjudication, minimally the president and vice president (or equivalent executive positions) are considered representatives of the student organization, and will be provided notice for participation in the student conduct process.

(6) Disciplinary hearings for student groups or organizations follow this rule.

(F) Any decision rendered under an appeal of an administrative action under this policy may be brought before the vice president of student affairs or designee within 10 business days of the decision. Any decision from an appeal shall be final.

Effective: 5/30/2017
Promulgated Under: 111.15
Statutory Authority: 3341.04
Rule Amplifies: 3341.01, 3341.04
Prior Effective Dates: 11/4/1977, 9/11/1979, 1/25/1980, 6/25/1989, 5/24/1995, 2/28/1997, 4/21/1997, 9/26/2005, 6/1/2007, 3/1/2015, 8/3/2015, 11/1/2016

3342-4-11.601 Operational procedures and regulations regarding the scheduling of fireworks and bonfires.

(A) Purpose. Fireworks and bonfires must be registered with the scheduling office.

(B) Procedure.

(1) The scheduling office will inform the campus security, plant maintenance and campus safety offices as well as the Kent city fire department of such events.

(2) Registration for bonfires includes a request for a permit from the Akron area environmental protection agency, a process which takes approximately one month. No bonfire will be approved for which this permit and the necessary city approval have not been received.

(3) Registration of fireworks requires permission of the Kent city fire department

Replaces: 3342-4- 01.601

Effective: 11/1/2016
Promulgated Under: 111.15
Statutory Authority: 3341.04
Rule Amplifies: 3341.01, 3341.04
Prior Effective Dates: 9/18/1978, 9/30/2005, 6/1/2007, 3/1/2015

3342-4-12.1 Administrative policy regarding student media board.

(A) Basic statement.

(1) The student media should be free of censorship and prior review or restraint of copy. Student editors and student managers have sole authority to determine content for the media they lead and in turn take full responsibility for the content decisions made.

(2) Student editors and student managers should subscribe to canons of responsible journalism, as stated in the "Society of Professional Journalists Code of Ethics, " and the "Radio-Television Digital News Association Code of Ethics and Professional Conduct" and be free to develop their own editorial and program policies. Student advisors and student managers will be protected from discipline, suspension or removal based on the publication of content that is protected by the First Amendment to the U.S. Constitution. Once appointed, student editors and student managers may only be removed through a procedure providing appropriate due process.

(3) The student media board has been established as a standing university committee. The student media board serves as the institutional publisher or de facto licensee and acts in all matters pertaining to those media that are written or broadcast primarily by students and financed primarily by university-sanctioned student fees. The student media board has no jurisdiction over official university, administrative, or departmental publications or broadcasts no matter how authored.

(B) Membership of the student media board.

(1) Two faculty members appointed by the faculty senate. Should the faculty senate not appoint two faculty members by September fifteenth of each year, members of the student media board may appoint faculty to fill those positions.

(2) Two faculty members appointed by the school of journalism and mass communication faculty advisory committee, at least one of which must be faculty in the journalism sequence.

(3) The director of the school of journalism and mass communication or designee.

(4) The director of the center for student involvement or designee.

(5) Six students: two appointed by undergraduate student government, one appointed by graduate student senate, two journalism and mass communication undergraduate student and one journalism and mass communication graduate student appointed by the director of the school of journalism and mass communication. Student members shall not be affiliated with student media. The student appointees may not serve concurrently as a member of undergraduate student government as listed in rule 3342-2-08 of the Administrative Code, nor as a member of graduate student senate, as listed in rule 3342-2-09 of the Administrative Code. Should undergraduate student government or graduate student senate not appoint students by September fifteenth of each year, the student media board may appoint students to fill those positions.

(6) One media professional appointed jointly by the director of the school of journalism and mass communication and the director of the center for student involvement. The media professional appointee may not serve on the student media board concurrently while a full-time employee at Kent state university.

(7) Student editors and student managers will serve as non-voting members.

(8) Student media advisers will serve as non-voting members.

(9) The director of student media will serve as a non-voting member.

(C) Term of office.

(1) Faculty. The term of the office for each faculty member begins on September fifteenth and ends on September fourteenth.

(2) Students. The term of office for each student appointee begins after appointment on September fifteenth and continues until September fourteenth.

(3) All student media board members serve until their term expires or a replacement member is appointed.

(D) Board procedures.

(1) The director of the center for student involvement or designee will serve as the convener and chair until the committee elects a chair from among the journalism and mass communication faculty members on the student media board. Such election shall occur during the fall semester and the chair shall serve until the election of a new chair the following fall semester. The chair will appoint a vice chair who will assume the chairperson's duty should the chairperson be unable to complete the term.

(2) The office of student media will provide administrative support to the student media board.

(3) Members, including the chair, shall retain the privilege of voting on all matters with the exception of the non-voting members.

(4) Notice of the meetings will be given to all student media board members and to the school of journalism and mass communication faculty advisory committee.

(5) Meetings shall be open to the public.

(6) The student media board will conduct its meetings in a manner consistent with the Ohio Open Meetings Law, section 121.22 of the Revised Code.

(7) A resolution, rule, or formal action of any kind is invalid unless adopted in an open meeting of the student media board.

(8) Meetings will be held regularly throughout the academic year, and as needed during the summer sessions.

(9) Special meetings may be called by either the chair, the director of student media or upon the request of two or more student media board members.

(10) A quorum shall consist of eight voting members. In the case of vacancies, this number shall be equal to a majority number of the remaining members to a minimum of four.

(11) All meeting minutes shall be recorded and forwarded to student media board members, the vice president for student affairs, and the dean of the college of communication and information.

(12) In the event that a quorum of the student media board cannot be convened in a timely manner, the chair of the student media board or designee and either an additional school of journalism and mass communication journalism sequence faculty member (if the request relates to emergency funding for the coverage of breaking news) or the director of the center for student involvement or designee (if the request relates to any other matter), will act on behalf of the student media board.

(E) Board charge.

(1) As the institutional publisher or de facto licensee for all student media, the student media board requires that each media organization establish a standard operating procedure when it requests funds, and thereafter to be reviewed and resubmitted by each funded medium every fall semester. The format of these procedures will be provided to each media organization.

(2) The student media board establishes criteria and guidelines for the appointment of the student editors and student managers of the various media organizations in its guidelines for the appointment of student editors and student managers.

(3) The student media board establishes criteria for the allocation of student activities fees in its guidelines for the allocation and use of student media activities fees.

(4) The student media board will not assume responsibility for student media publications or programs which it does not fund.

(5) The student media board reports to the vice president for student affairs and the dean of the college of communication and information.

(F) Specific responsibilities.

(1) Neither the student media board nor any student media adviser shall dictate or determine content for a student media organization nor will the student media board or the university discipline a student editor or student manager for the publication or broadcast of content that is protected by the First Amendment to the U.S. Constitution.

(2) The student media board gives responsibility for the day-to-day editorial operations of the media to the student editors and student managers of these media organizations. The student media advisers serve as non-voting members of the student media board and:

(a) The student media adviser shall function as a teacher, using the editorial, business and advertising operations to encourage responsible and enlightened journalism.

(b) The student media adviser's role as consultant shall extend to all operations of the media organization.

(c) The student media adviser shall assist the editorial staff in planning and executing each issue, or supervising the programming of the operation, whichever may be applicable.

(d) The student media adviser will assist the student editor or student manager in staffing the other positions of the organization.

(e) The student media board will review serious policy disputes between the student editors/student managers and student media advisers that cannot be resolved by the parties in dispute.

(f) Neither the student media board nor the university will remove a student media adviser from position as student media adviser based on content decisions made by student editors or student managers.

(3) The student media board delegates the responsibility for day-to-day business management of the media organizations funded by the student activities fees to the director of student media, who serves as a nonvoting member of the student media board. The director of student media, who reports to the director of the school of journalism and mass communication, administers university policy related to the business affairs of student media and advises the media regarding those policies. In addition, the director of student media:

(a) Assesses long-term and short-term options for capital expenditures and investments related to quality and efficiency of operations;

(b) Supervises full-time staff and part-time student media employees;

(c) Oversees the generation and collection of income from all sources for advertising and related services provided by the student media;

(d) Coordinates preparation of annual budgets and makes recommendations to the appropriate committee for each funded medium to the student media board;

(e) Coordinates and signs all contracts between outside vendors and student media in accordance with rule 3342-5-04.1 of the Administrative Code;

(f) Approves all expenditures and signs financial transactions relating to the media; and

(g) Provides counsel and assistance to the student media leaders.

(4) The student media board must be consulted about any change in the director of student media, position description.

(5) The student media board and the school of journalism and mass communication faculty advisory committee shall be consulted on the appointment of all student media advisers.

(6) The student media board recommends policies and establishes procedures to insure consistent handling of student media-related matters. These include, but are not limited to:

(a) Administrative policy and procedure regarding the student media board.

(b) Guidelines for the allocation and use of student media activities fees.

(c) Guidelines for the appointment and salaries of student editors and student managers;

(d) Appeal process regarding annual allocations.

(e) Student media board grievance procedures.

(f) Guidelines for student editors and student managers salaries.

(7) The student media board requires media organizations seeking funding to do so in accordance with established guidelines. The student media board makes recommendations relative to requested funding for all student media organizations funded by the student activities fee. These funding recommendations are forwarded to the vice president for student affairs and the dean of the college of communication and information.

(8) The student media board establishes the selection procedures and makes final decisions regarding the appointment of the student editor or student manager for each media organization providing applicants are compliant with the student media board guidelines.

(9) The student media board must approve requests from currently funded student media organizations for any change in budget of more than $500. Such requests must be presented in writing to the director of student media. The director of student media may approve such requests as within the parameters described within this rule, the guidelines for the allocations and the use of student media activities fees. The director of student media will present any request exceeding five hundred dollars to the student media board with a recommendation for student media board action.

(10) The student media board operates in accordance with these policies and procedures, and if not clearly specified in this rule, reserves the right to decide non-content issues relating to funded media organizations, within the parameters of university policies and procedures.

Replaces: 3342-4-12.1

Effective: 10/12/2015
Promulgated Under: 111.15
Statutory Authority: 3341.04
Rule Amplifies: 3341.01, 3341.04
Prior Effective Dates: 10/23/1989, 7/20/1990, 9/17/1993, 9/5/1995, 5/26/1997, 3/7/2000, 6/1/2007, 8/25/2014, 3/1/2015

3342-4-13.2 Administrative policy and procedure regarding missing student notification.

(A) Purpose. Kent state university takes student safety very seriously. To this end, the following policy and procedure has been established to assist in locating Kent state university students living in Kent state university owned on-campus housing who, based on the facts and circumstances known to Kent state university. Kent state university has determined to be missing.

(B) Implementation. At the beginning of each academic year. Kent state university will inform students residing in on-campus housing that Kent state university will notify either a parent or an individual selected by the student not later than twenty-four hours after the time the student is determined to be missing. This information will include the following:

(1) Students have the option of identifying an individual to be contacted by Kent state university not later than twenty-four hours after the time the student is determined to be missing. A student can register this confidential contact information through the student's Flashline account.

(2) If the student is under eighteen years of age, and not an emancipated individual. Kent state university is required to notify a custodial parent or guardian not later than twenty-four hours after the time that the student is determined to be missing.

(C) Procedures.

(1) Kent state university police services will be notified not later than twenty-four hours after the time that the student is determined to be missing.

(2) If Kent state university police services personnel have been notified and make a determination that a student who is the subject of a missing person report has been missing for more than twenty-four hours and has not returned to campus. Kent state university will initiate the emergency contact procedures in accordance with the student's designation.

(3) Kent state university will follow the following notification procedure for a missing student who resides in on-campus housing:

Once Kent state university receives a missing student report via the dean's office. Kent state university campus safety, residence services or other source, the following offices will be notified:

(a) KSU police services

(b) Undergraduate/graduate deans' offices:

(c) Vice president for EMSA: and

(d) Residence services.

(4) Any official missing person report relating to this student shall be referred immediately to KSU police services.

(5) If KSU police services. after investigating the official report, determines the student has been missing for more than twenty-four hours. Kent state university will contact the individual identified by the student, the custodial parent or legal guardian if the student is under eighteen and not emancipated, or local law enforcement if these do not apply.

(6) Upon notification from any entity that any student may be missing. Kent state university may use any of the following resources to assist in locating the student. These resources may be used in any order and combination.

(a) Residence services may be asked to assist in physically locating the student by performing a wellness check at the student's campus housing.

(b) KSU police services may search on campus public locations to find the student (library, cafeteria. etc).

(c) KSU police services may issue an ID picture to assist in identifying the missing student.

(d) The dean's office may try to contact known friends, family, or faculty members for last sighting or additional contact information.

(e) Student affairs or academic departments may be contacted to seek information on last sighting or other contact information.

(f) Residence services may access residence hall card access logs to determine last use of the key card.

(g) KSU police services may access vehicle registration information for vehicle location and distribution to authorities.

(h) Information Services may be asked to look up email and other network logs for last login and use of Kent state university network resources.

(i) If there is any indication of foul play, other local police agencies may be contacted for assistance.

Replaces: 3342-4-13.2

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 09/17/2010

3342-4-14 University policy regarding support and assistance for service members and veterans.

(A) Policy statement. Kent state university seeks to assist service members and veterans as they pursue an advanced degree and/or certificate. In an effort to better serve this population, Kent state university has adopted this policy as required by by division (B) of section 3345.421 of the Revised Code. The purpose of this policy is to set forth the support and assistance Kent state university will provide to service members and veterans.

(B) Definitions. In alignment with section 3345.42 of the Revised Code, this policy utilized the definitions for "service member" and "veteran":

(1) "Service member" is defined as a person who is serving in the armed forces of the United States.

(2) "Veteran" is defined as any person who has completed service in the armed forces, including the national guard of any state or a reserve component of the armed forces, and who has been discharged under honorable conditions from the armed forces or who has been transferred to the reserve with evidence of satisfactory service.

(C) Implementation. Kent state university will provide the following support and assistance to service members and veterans:

(1) Establish and maintain a service member and veteran student services office, and designate at least one person employed by the university to serve as the contact person for veteran and service member affairs. The person designated may not be a person currently assigned by the university as a veterans administration certifying official;

(2) Allow for the establishment of a student-led group on campus for service members and veterans, and support other service member- and veteran-friendly organizations.

(3) Integrate existing career services to create and encourage meaningful collaborative relationships between service members and veterans and Kent state university alumni. Such integration will be designed to link service members and veterans with prospective employers; provide service members and veterans with social opportunities; and encourage responsible offices to seek and promote partnership opportunities for internships and employment of service members and veterans with local, state, national, and international employers.

Replaces: 3342-4-14

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 12/17/2014

3342-4-15 University policy regarding international students' requirement to have health insurance.

(A) Purpose. The intent of this policy is to ensure reliable access for international students to United States health care services.

(B) Definition.

(1) Student. For the purposes of this policy, "student is defined as any person who is enrolled for one or more credit hours at the university and who is attending classes at any campus.

(2) International student. For the purposes of this policy, "international student is defined as any person who is not a U.S. citizen, a permanent resident, anasylee. a refugee or part of the Jay Treaty, who is enrolled for one or more credit hours at the university, and is attending classes at any campus.

(C) Eligibility. All international students taking at least one credit hour are required to have health insurance that is comparable to the coverage provided with the Kent state university sponsored student health insurance plan.

(D) Procedure.

(1) All international students are subject to a mandatory hard waiver program to ensure they have adequate coverage.

(2) All international students are billed each term for the full cost for single coverage under the Kent state university sponsored student health insurance plan.

(3) Any international student may request a waiver of this fee if:

(a) The student provides proof of full sponsorship by a government agency including health insurance, or

(b) The student provides proof of health insurance provided by a United States employer.

(c) If paragraph (D)(3)(a) or (D)(3)(b) of this rule are met, a student will be granted a waiver if such health insurance coverage meets or exceeds the university's specific coverage requirements.

Effective: 6/17/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01, 3341.04
Rule Amplifies: 3341.04

3342-4-16 University policy regarding electronic and information technology accessibility.

(A) Policy statement. It is the policy of the university to make its electronic and information technologies, accessible to all students, prospective students, employees, guests and visitors with disabilities, particularly those with visual, hearing, or manual impairments or who otherwise require the use of assistive technology to access information provided through the university's electronic and information technologies.

(B) Definitions. Electronic and information technologies shall include all information provided through the university's website, online learning and course management systems, and curriculum, institutional and administrative data systems.

(C) Scope. This policy shall apply to all staff, faculty, and third parties providing EIT to or on behalf of the university.

(D) Requirements. All electronic and information technologies shall comply with Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. Section 794, and its implementing regulation at 34 C.F.R. Part 104, and the Title II of the Americans with Disabilities Act of 1990, 42 U.S.C. Section 12131 et seq., and its implementing regulation at 28 C.F.R. Part 35.

(E) Implementation. The vice president for student affairs, the vice president for information services and the provost will be responsible for implementing this policy pursuant to a phased-in implementation schedule. Compliance with this policy will be prioritized based on academic, research and administrative needs, resource constraints and technology limitations.

Effective: 5/1/2017
Promulgated Under: 111.15
Statutory Authority: 3341.04
Rule Amplifies: 3341.01, 3341.04