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This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and universities.

Chapter 3341-2 | Policy Statements

 
 
 
Rule
Rule 3341-2-01 | Addresses.
 

(A) Policy statement and purpose

The purpose is to articulate to students not residing in on campus housing that they are require to provide the university with a local address by which the university can send them official correspondence.

(B) Policy

Students not residing in university-owned housing are required to submit a current, correct local address through MyBGSU or to the office of registration and records. Failure to comply with this policy shall not be construed to invalidate any official notice disseminated by the university.

November 1, 2013

Supplemental Information

Authorized By: 3345
Amplifies: 3345
Rule 3341-2-02 | Advertisement (posters, notices, handbills, fliers, banners, yard signs and electronic media).
 

(A) Policy statement and purpose

The purpose is to define, where, when and how posting is acceptable on the Bowling Green state university campus.

(B) Policy

(1) Students, faculty, staff and other members of the university community may place posters, notices, or fliers on university kiosks and general-purpose bulletin boards only. All postings must be sponsored by a university organization, department or office. There is no posting permitted on departmental bulletin boards within university buildings without the permission of that particular department. Non-university groups or individuals are permitted to post on external university kiosks only.

(2) There is no posting permitted in locations other than those designated in this policy. Specifically, there is no posting permitted on doors, vehicles, trash cans, cigarette butt holders, windows, light poles, trees, telephone poles, building signs, any other areas of a building, whether inside or outside, or any other object or area. The only exception to this policy is the posting of spirit signs on the outside of buildings by the spirit organization "SICSIC," or other exceptions as given by the dean of students.

(3) Banners may be hung from the exterior of university residence halls with the approval of the hall director of the particular living unit. Banners, sandwich boards, lawn signs, and other self-standing, temporary forms of advertisement must be approved by the dean of students before being posted, and must not violate any other university policies. Banners (secured with rope) may be hung in the area across from the business administration building or in the Bowen-Thompson student union mall, or such areas as permitted by the dean of students. These items must be removed upon the conclusion of the event. To reserve these areas for posting banners, contact the Bowen-Thompson student union conference and event services office, 231 Bowen-Thompson student union.

(4) Distribution or posting of advertisements, within university residences and dining facilities other than the Bowen-Thompson student union dining facilities shall be in accordance with the community living standards, found in the student handbook. The office of residence life will continue to approve posters and flyers to be placed in the residence halls and greek houses. BGSU dining will approve table tents for the dining facilities. Distributing or posting advertisements within the Bowen-Thompson student union will be approved by the Bowen-Thompson student union information center staff.

(5) Applying messages directly on the surface of buildings or other university property is prohibited.

(6) The use of chalk, with the exception of spray and/or paint chalk, by members of the university community to publicize campus events on sidewalks is permitted. Messages must be at least twenty feet from the entrance of any university building. Messages or information that violate university policy are subject to removal at the expense of the advertiser. The use of chalk on buildings or any other university property is prohibited.

(7) Painting any sidewalk, grass, building or any other surface except for the spirit rock (please visit www.bgsu.edu/PaintTheRock for schedule and rules) is prohibited and considered vandalism.

(8) Advertisements, posters, notices, handbills, fliers, banners, yard signs and electronic media shall not make reference to the availability or sale of alcoholic beverages with the exception of the Black Swamp pub.

(9) The use of yard signs must receive prior approval from the dean of students.

Supplemental Information

Authorized By: 3345
Amplifies: 3345
Prior Effective Dates: 3/12/2015
Rule 3341-2-03 | Assembly.
 

(A) Policy statement and purpose

The purpose is to articulate under what circumstances the university may regulate the manner in which free speech and assembly is expressed and enacted.

(B) Policy

(1) The university recognizes the importance of and rights associated with free speech, including the right to assemble, march and other rights related to the expression of thoughts and ideas. The university reserves the right to determine the time, place and manner of space and facilities so as not to interfere with the mission and regular operation of the institution. Prior to sponsoring a rally, demonstration, march or other group event, the organization or individual coordinating the event must complete the registration process through the office of conference and event services. The university will attempt to provide adequate facilities and security for the event.

(2) Organizers of any rally, demonstration, march or other group event, are responsible for ensuring that the activity does not interfere with the academic mission of the university. Sponsoring individuals or organizations are responsible for assuring that the event does not block entries, exits, walkways, roadways or otherwise hinder the free flow of both pedestrian and roadway traffic and that all policies relating to sponsoring of events on campus are upheld.

Supplemental Information

Authorized By: 3345
Amplifies: 3345
Prior Effective Dates: 3/12/2015
Rule 3341-2-04 | Bathrooms.
 

(A) Policy statement and purpose

The purpose is to articulate to students living in on campus housing that bathrooms are designated single sex and that students are not permitted to use the bathroom when it is designated for the opposite sex. There are unisex bathrooms in Kreischer.

(B) Policy

All bathrooms within residence units are designated for either men or women only. Under no circumstances is any person permitted to enter the bathroom of the opposite sex. There are guest bathrooms located in the lobby of most residential units. All bathrooms on residence hall floors, with the exception of Greek units, Founders, Falcon Heights and Centennial halls, are fitted with a coded keypad to assure that the bathroom is always locked for security purposes. Each resident will be provided with a bathroom code to gain access to the appropriate bathroom on their floor. This code should not to be shared with others. Such sharing compromises the safety and security of the entire floor and building, and those suspected of sharing this information are subject to disciplinary action. Bathroom doors are to be closed at all times (except when being cleaned by custodial staff). Anyone propping or disabling the locking mechanism on bathroom doors is subject to disciplinary action.

November 1, 2013

Supplemental Information

Authorized By: 3345
Amplifies: 3345
Rule 3341-2-09 | Consumption.
 

(A) Policy statement and purpose

The purpose is to notify student organizations that events that promote or require eating and/or drinking contests are prohibited for health and safety reasons.

(B) Policy

Any activity, program or event that requires or promotes the over consumption of or over-indulgence in foods and/or liquids (e.g., any contest involving food or drink, etc.) is prohibited due to the significant health risks associated with these activities.

November 1, 2013

Supplemental Information

Authorized By: 3345
Amplifies: 3345
Rule 3341-2-10 | Department of recreation and wellness food & drink concessions, merchandise sales, and sponsorship.
 

(A) Policy statement and purpose

The sale/distribution of foods, drinks and merchandise within any recreation and wellness facility (student recreation center, Perry field house, ice arena or Forrest Creason golf course) must adhere to recreation and wellness policies and requires the approval of the recreation and wellness department. Please review the following policies below when planning your next event at a recreation and wellness facility.

(B) Policy

(1) Cold drink sales

The following are basic policies that are required to be followed when planning for drink sales within recreation and wellness facilities. Two options available: recreation and wellness orders, distributes/sells, provides staffing and receives exclusive revenues for all cold drink sales within facilities during group rentals/events. Or, rental groups can provide staffing/volunteers to sell cold drinks for recreation and wellness. Rental groups receive twenty per cent of the gross revenue of all cold drink sales. If rental group chooses option B: All cold drink products must be university approved. Please contact the appropriate recreation and wellness contact person for product lists. Recreation and wellness will order all cold drink products and transport them to the concessions areas. One electric full-size double-door cooler will be provided by recreation and wellness. Additional ice coolers can be provided by rental group. Recreation and wellness must have a minimum advance notice of seven business days to place drink orders. Cold drink retail prices are established by recreation and wellness and are subject to change without notice. Note: rental groups have the ability to increase retail drink pricing. Recreation and wellness must approve all drink price increases above the minimum. Rental groups are responsible for stocking the drink cooler throughout the event. Recreation and wellness will produce and disseminate a final billing statement to the rental group for payment. Rental groups can provide hot beverages (approved by recreation and wellness), and keep all proceeds. Hot beverages could include; coffee, teas, cider, etc.).

(2) Food sales

The following are basic policies that are required to be followed to minimize the transmission of food borne disease. Some or many of these guidelines may not be applicable to your specific event. The sale of perishable foods requires the approval and licensing of the Wood county health department. "Perishable foods" should be considered as those which because of their composition are considered potentially hazardous in their potential to transmit food borne disease pathogens. Such foods include: meats, items containing dairy products, eggs, and other foods that contain protein. Rental groups have full control of food sales within recreation and wellness facilities as long as BGSU safe food handling policies have been followed. Note: recreation and wellness has the authority to allow/deny all food requests. Any food served to the public on the BGSU campus must be managed according to BGSUs safe food handling policies which can be found on the website. All events where food is to be sold or requires a donation must be evaluated by environmental health and safety to determine if a temporary food service license must be purchased from the Wood county health department for that event. If a BGSU student organization event involves a request for food brought in from a source other than university dining services, a "standard food policy exception form" must be processed. The exception will not be approved unless all required signatures are secured at least one week in advance. The approval of the food service exception is the responsibility of the facility manager(s) or designee of the specific facility/area where the service is being provided and/or facility manager(s) responsible for the reservation of that area.

(3) Merchandising sale

The following are basic policies that are required to be followed when planning for merchandise sales within recreation and wellness facilities. Rental groups have full control of merchandise sales within recreation and wellness facilities as long as BGSU licensing and trademark requirements have been followed. Note: recreation and wellness has the authority to allow/deny all merchandise requests. Recreation and wellness must approve all merchandise sales locations. Rental groups are required to pay a fee to sell merchandise. Rental groups are notified of table fees at least seven business days prior to the event. Recreation and wellness must have a minimum advance vendor or merchandise sales request notice of fourteen business days. Rental groups are responsible for providing all merchandise display materials (four-way racks, hangers, etc.). The following are basic policies that are required to be followed when planning groups can rent tables and chairs from BGSU for an additional cost or can supply their own. Recreation and wellness must have a minimum advance notice of fourteen days for all table and chair requests. Recreation and wellness is not responsible for lost or stolen merchandise. Rental groups are fully responsible for securing merchandise throughout the events.

(4) External sponsorship

The following are basic policies that are required to be followed for groups who wish to provide outside sponsorship products and/or advertising when reserving/renting recreation and wellness facilities. Such sponsorship would be allowed as long as the companies or services do not directly compete or have a competitive advantage with the products/services offered within Recreation and wellness facilities. To this end, before solidifying sponsorship ventures for events hosted within any recreation and wellness facility, the reserving group must provide a listing of all prospective sponsoring companies/organizations to the facility contact person for approval, a minimum of two weeks prior to the event date. The reserving group must clearly state whether a sponsor signage would be displayed during events, and if products would be sold or handed out.

November 1, 2013

Supplemental Information

Authorized By: 3345
Amplifies: 3345
Rule 3341-2-11 | Event management.
 

(A) Policy statement and purpose

The purpose is to articulate that registered student organizations must plan for and procure appropriate security for events they are implementing on campus.

(B) Policy

(1) Events planned and/or sponsored by BGSU student organizations enrich the lives and interests of all community members. A major responsibility of sponsoring organizations is to ensure that all appropriate safety and liability precautions (e.g., participant liability waivers, additional liability insurance coverage, individual background checks, etc.) have been incorporated into the planning and implementation of their events. Generally, paid security is required at large-scale events or events that may lead to the disruption of the university environment. Examples include events where alcohol is available, events with non-BGSU students in attendance, events occurring during late evening hours, events open to the campus community, or events with a history of large attendance.

(2) All student organizations sponsoring an event on campus grounds or within a campus facility must adhere to the following:

(a) The event must be registered with the office of campus activities, 401 Bowen-Thompson student union, and the event space must be scheduled with the office of conference & event services.

(b) The sponsoring organization(s) must be in conduct and financial good-standing with the university in order to host an event.

(c) The sponsoring organization must have a minimum of three members of the organizations leadership group present for the duration of the event. The office of campus activities may also require the presence of the sponsoring organizations advisor.

(d) The sponsoring organization must designate members to serve as event staff for the duration of the event. These individuals must be clearly identifiable as event staff.

(e) If the office of campus activities, in consultation with the BGSU police department, determines paid security is needed, the sponsoring organization must contract for it with the BGSU police department.

(f) The sponsoring organization is responsible for the cost of repairing or replacing all damages, including but not limited to furniture repair or replacement, extra custodial services, and structural damages to the premises as a result of the event.

(g) Temporary structures:

(i) No structure may be erected on campus grounds without prior written approval. The approval must be secured at the time the activity is registered.

(ii) May have no more than three closed sides,

(iii) May not house generators, space heaters or cooking equipment, and

(iv) Must comply with all state of Ohio codes.

(h) Personal property most be attended at all times.

(i) Alcohol is prohibited at events unless approved prior to the event and then may only be consumed in designated areas.

(j) Inappropriate behavior including, but not limited to, the consumption or possession of alcohol and illegal drugs, fighting and other violent behavior will not be tolerated and the continuation of the event will be at the discretion of university police, facility managers, university staff, or the sponsoring organization in that order. Inappropriate behaviors will be investigated and adjudicated under the code of student conduct and/or the laws of the state of Ohio.

(k) Marketing and entry tickets shall include standard language, as applicable, concerning: ID requirements, expectations concerning re-entry, processes regarding refunds, and protocols concerning having a BGSU student host to enter. The exact language will be created by the office of campus activities during the review meeting based upon specific logistical components of the event.

(l) In addition to fire code restrictions, the office of campus activities will determine the maximum number of participants permitted for events. This decision will be made will be based upon several factors, included but not limited to: location, time, nature of the event, and past history.

(m) Registered student organizations and approved non-university organizations and groups may use university utilities and facilities only with prior approval.

(3) Failure to adhere to the expectations, procedures and protocols outlined by the office of campus activities may result in the event being cancelled or postponed.

(4) All student organizations sponsoring a late night event, which is defined as any indoor or outdoor event that conclude after midnight, must also adhere to the following:

(a) Late night events must end by 1 a.m. unless approved as an overnight event by the late night review committee.

(b) Overnight events may not exceed eight days and seven nights in any one semester including adjacent break periods.

(c) Non-BGSU student attendees must be eighteen years of age or older, have a valid government-issued photo ID, and be accompanied by a BGSU student host who will sign in the guest and assume responsibility for the guests behavior. Each BGSU student may only host one non-BGSU student during any late night event.

(5) Appeals concerning this policy must be made in writing to the dean of students or designee, 301 Bowen-Thompson student union. The decision of the dean of students is final.

Supplemental Information

Authorized By: 3345
Amplifies: 3345
Prior Effective Dates: 3/12/2015
Rule 3341-2-12 | Fire safety.
 

(A) Policy statement and purpose

The purpose is to articulate to students living in on campus housing that they must leave their residence when the fire alarm sounds, that no one is to tamper with fire safety equipment, when and how a residence or residences with fire places may use them, and that roofs, ledges and sundecks may only be utilized as fire escapes.

(B) Policy

(1) Candles

Candles of any kind (whether lit or unlit) or any other open flame devices are not permitted in any residential building (residence hall or small group living units), including but not limited to student rooms and all common area space, at any time, for any purpose whatsoever.

(2) Decorative trees

(a) Live or cut trees or greens (branches, boughs, etc.) are not permitted in university-owned buildings.

(b) Artificial trees must be of a certified slow-burning or fire-resistant material. Trees not meeting this standard will not be permitted.

(c) Artificial trees may be located in student rooms as long as the tree does not exceed two feet in height.

(d) Metallic trees shall be lit only by indirect lighting. Lighting sets are not to be hung on metallic trees (possible shock hazard).

(3) Fire drills/alarms and emergency evacuation

Fire drills are scheduled periodically during normal working hours in university residences in compliance with state regulations. Every time the fire alarm sounds it must be treated as a real fire and you must evacuate immediately. All persons must vacate the residence any time the fire alarm is sounded or an emergency situation arises that requires the evacuation of the building. All individuals in the building must follow the directions of the staff and other emergency personnel and may not re-enter the building until the supervisor of the residence gives permission. University, state or city officials may enter rooms to verify evacuation of residents.

(4) Fire safety equipment

Fire extinguishers, smoke detectors, sprinklers, and fire alarm systems are there for the protection of residents and should be treated with the well-being of all residents in mind. All fire safety equipment (e.g., pull stations, fire extinguishers, smoke detectors, sprinklers) should be used for emergency purposes only. Smoke detectors and sprinklers throughout the residence halls are not to be disconnected or covered under any circumstances, nor should anything be hung from them. Tampering with fire safety equipment is a crime and will result in university conduct action, and possible criminal action, fines, and fees.

(5) Removal of fire hazards

The university reserves the right to eliminate all potential fire hazards in any residence if deemed necessary or appropriate by a university official or by other authorities that have jurisdiction.

(6) Fireplaces

For university residences with fireplaces, policies and regulations regarding their maintenance and use are posted near each fireplace. In the spirit of community, all students who reside in buildings with fireplaces are responsible for knowing and implementing all policies and procedures regarding their use.

(7) Lighting

(a) Crepe paper or other materials are not to be wrapped around lights.

(b) Building light bulbs are not to be painted or moved. Commercially manufactured colored bulbs may be used if positioned by custodial or maintenance employees.

(c) Only use lighting sets that show Underwriters Laboratories, inc. (UL) or Canadian standards association (CSA) label.

(d) Decorative lights used inside buildings must be "miniature" types.

(e) Lighting sets can wear out or become damaged and should be checked closely before installation for bare wires, worn insulation, broken plugs, loose sockets, etc.

(f) Extension cords are not permitted in student residences. Power strips with surge protectors must be used in place of extension cords.

(g) Be sure circuits are not overloaded with too many lights. If circuit breakers shut off or fuses are blown, there may be a short or an overloaded circuit.

(h) Lighted decorations must not be left on and unattended.

(i) There should be no pinch in electrical cords. For instance, electrical cords should not be run through door openings.

(j) Decorative lights must not be tightly coiled, wrapped around or pinched, such as under or around a bedpost.

(8) Electrical appliances and electronic equipment

Limitations in the availability of power to each room/suite/apartment as well as concern for fire hazards place restrictions on the types of equipment allowed in student rooms/suites/apartments. For this reason, cooking is only permitted in student rooms/suites/apartments in approved combination microwave/refrigerators, or in microwave ovens using nine hundred watts or less. Residents will be held responsible for ensuring that their electrical appliances and electronic equipment conform to the following guidelines:

(a) Approved electrical and electronic equipment and appliances are:

(i) Combination microwave/refrigerator units.

(ii) Compact portable refrigerators (size may not exceed 5.0 cubic feet, thirty-six inches in height and 1.5 amps).

(iii) Microwave ovens that do not exceed nine hundred watts.

(iv) Powerstrips with surge protectors. Please do not plug one power strip into another.

(v) Televisions, stereos, CD players, computers and peripherals and other sensitive electronic equipment.

(vi) All electrical appliances must be UL or CSA approved and used with a surge protector.

(b) Appliances with exposed heating elements. Among other things this includes the "George Foreman grill" and all similar devices:

(i) Hot plates, toasters and toaster ovens

(ii) Air conditioners

(iii) Quartz halogen lights

(iv) Portable heaters

(v) Extension cords

(vi) Multi-plug adapters

(vii) Electric blankets

(9) Roofs, ledges and sundecks

Safety concerns restrict access by students to roofs, ledges and sundecks of university residences. Access to roofs, ledges and sundecks is prohibited outside of their use as fire evacuation routes. In addition, radio and television antennae, satellite dishes or similar devices are not permitted on the roofs, ledges or any building exterior without university approval.

(10) Special amusement buildings

Bowling Green city fire department regulations prohibit haunted houses and similar amusement or educational events in which building occupants or the general public are conducted through a fixed or restricted course. This also applies to creating or building these types of structures on residence hall floors or in common areas.

(11) Walls and door decorations

You may make your room feel more like home by putting posters and pictures on the wall. White adhesive putty is the recommended way to do this. Avoid the use of two-sided tape, colored putty, or nails as these items create residue that must be removed or holes that must be filled. No more than fifty per cent of the surface area may be covered.

(12) Decorations

In an effort to maintain an environment that is safe and free of potential fire and other life safety hazards, residents are asked by the office of environmental health and safety to adhere to the following decoration guidelines within the residence, whether within their own rooms/suites/apartments or within the common areas of the building:

(a) All decorations shall be fire resistant, or noncombustible (Ohio fire code, FM-306.1-5). Decorations must have the label of Underwriters Laboratory (UL) or similar standard.

(b) No decorations may be hung from the ceiling, placed in offices, rooms or lounges in a manner that will interfere with safe passage or evacuation. No decorations shall be placed in hallways, aisles, stairwells or exit routes. Room doors may have a minimal amount of decorations and must comply with paragraph (B)(12)(a) of this rule.

(c) Exit signs, fire extinguishers, smoke detectors, fire alarm pulls, emergency lights, PED boxes and audible fire signals/ strobe lights cannot be decorated, covered or obstructed in any way.

(d) Straw, hay, leaves, corn shocks and dry vegetation are not permitted in any building.

(e) Excessive dirt or sand is not permitted in any building.

(f) Further information on university policies regarding the use of decorations in university residences is available from the hall or unit director.

Supplemental Information

Authorized By: 3345
Amplifies: 3345
Prior Effective Dates: 3/12/2015
Rule 3341-2-14 | Fund raising, solicitation, and sales rules for student organizations.
 

(A) Policy statement and purpose

The purpose is to articulate under what circumstances it is permissible for registered student organizations to fund raise as well as under what circumstances anyone may solicit and sell items on campus.

(B) Policy

(1) Jurisdiction (registered campus organizations)

(a) Campus regulations will permit fund raising by registered student organizations. Registered student organizations may use university facilities without charge to host non-commercial events which raise funds for educational or public service purposes.

(b) Funds raised from the general university population shall be for the non-profit use of the sponsoring individual or organization.

(c) Student organizations shall work with the office of campus activities to keep accurate records of funds raised and spent, available upon request for inspection or audit. If an audit is required, it may be ordered at the organizations expense.

(d) Subject to special regulations concerning time, place and manner of public expression, a registered student organization may in outdoor discussion areas and at meetings: sell materials related to the purpose of the organization, collect dues, initiation fees, donations and admissions charges for events. In addition, registered student organizations may solicit funds in announcements and/or advertisements.

(e) Registered student organizations may conduct raffles in accordance with the laws of the state of Ohio. All fifty/fifty raffles or those with direct cash payout are prohibited for student organizations.

(f) Registered student organizations may not offer a direct cash or cash-equivalent prizes or payout, including instances of "split-the-pot" and preloaded Master Card/Visa gift cards.

(g) Registered student organizations are not permitted to coordinate or support the sale or processing of applications for credit cards on campus.

(h) The facility manager may require student organizations to utilize a contract or vendor agreement for outside vendors and receive a percentage of sales, a commission or a combination of both.

(2) Fund raising by non-university organizations

Any external organization seeking to raise funds for the benefit of an external organization must possess a current tax-exempt certificate from the internal revenue service. Prior approval for fund raising on campus must be obtained in advance by the facility manager. Organizations must keep current accurate records of funds raised and spent. These records must be available upon request for inspection or audit. If an audit is required, it may be ordered at the organizations expense.

(3) Solicitations and sales

(a) Solicitation is defined as any activity designed to advertise, promote or sell any product or commercial service or encourage support for, or membership in, any group, association or organization.

(b) Solicitation in university residences is not permitted. Advertising signs, posters and fliers may not be distributed or posted in university residences unless authorized by the director of residence life or designee.

(c) Individuals and organizations may not solicit on campus without obtaining permission from the facility manager. Individuals who collect applications for commercial purposes are restricted from soliciting said applications on campus. An activity that violates university policies or local, state and/or federal laws is forbidden.

(d) If authorized, solicitations are permitted in university buildings, except for and the university bookstore, located within the Bowen-Thompson student union, where merchandise is sold under the regulations established by management.

Supplemental Information

Authorized By: 3345
Amplifies: 3345
Rule 3341-2-15 | General rules for university residence.
 

(A) Policy statement and purpose

The purpose is to articulate to students residing in on-campus housing the rules of the residential units by which they are to abide.

(B) Policy

(1) Alcohol

Bowling Green state university is committed to maintaining an academic and social environment conducive to the intellectual and personal development, safety and welfare of all members of the university community. While alcohol is a widely accepted part of American culture, students under the age of twenty-one may not consume or possess alcohol. Students who are of legal age may drink in their rooms or in the rooms of people who are also twenty-one or older. Students who are under twenty-one and choose to drink are not only violating hall policy, they are breaking the law. Offenders may be subject to the campus conduct process, legal prosecution or both.

(a) The university adheres to and enforces all federal and state legislation governing alcohol.

(b) In a university residence, alcoholic beverages may be possessed or served only in student rooms/suites/apartments where a resident of the room is of the legal drinking age. Alcohol is not permitted in common areas including but not limited to hallways, lounges, recreation areas or outside of a student room or suite.

(c) Common containers including but not limited to beer balls, kegs, wine boxes, and containers of mixed punch of any kind are not permitted.

(d) If residents twenty-one years of age or older elect to keep alcoholic beverages in the room/suite/apartment, they are responsible for and must take affirmative steps to ensure that underage individuals do not gain access to alcohol.

(e) Alcohol may not be sold or purchased in university residences.

(f) Devices that allow for the drinking of large quantities of alcohol, such as a beer bong, are not allowed in university residences.

(g) Alcohol containers (whether full, partially full or empty) may not be possessed or used as decorations by those under the age of twenty-one in residences.

(2) Sports and roughhousing indoors

Sports and roughhousing are prohibited in all areas of the residence halls/houses, as such activity may disrupt the living/learning environment and is considered unsafe relative to persons and property. Prohibited activities include (but are not limited to) tossing, bouncing, or kicking of balls or objects, wrestling, the use of roller blades and the use of water guns or water balloons.

(3) Bicycles, mopeds and motorcycles

Campus regulations regarding the parking and storing of bicycles, mopeds and motorcycles must be observed. Motorcycles and mopeds are not permitted inside a university residence. If a resident brings a bicycle into the residence, the bicycle may not be parked or stored in corridors, rest rooms, lounges, entryways, trunk rooms or in any area of the building other than the owners room/suite/apartment. The owner is responsible for any damages or soiled carpet caused by bringing a bicycle into a residence. Riding bicycles inside a building is prohibited. Bicycles, mopeds and motorcycles must be registered with the Bowling Green city police. Bicycles and mopeds may only be locked to bike racks and not to ramps, stairwells or other stationary objects. Parking and services has a publication regarding designated parking areas and bicycle registration.

(4) Candles and incense

Candles of any kind, incense-burning candles or sticks, candle or wax warmers, lanterns or similar "open flame" receptacles are not permitted in student rooms/suites/apartments at any time, for any reason, with no exceptions.

(5) Cooking in rooms/suites

Approved combination microwave/refrigerator units for food preparation are permitted in all university residences. Individual microwave units of no more than nine hundred watts are permitted in student rooms. Refrigerators no larger than five cubic feet, thirty-six inches in height and one point five amps are also allowed. For fire safety considerations, however, hot plates, toasters, toaster ovens, "George Foreman Grills," waffle irons/makers, and similar devices are not permitted in student rooms/suites.

(6) Dining room/utensils and china/kitchen use

Dining room property, which includes trays, plates, glasses and silverware and other equipment/furnishings must not be taken from kitchens or any dining facility to any area, including student rooms/ suites/apartments and lounges. Violation of this policy is considered theft and may result in university conduct action, or possible criminal action. University dining services refrigerators and freezers are not available for storage of personal food supplies or beverages.

(7) Drugs

The use and/or possession and/or provision of a place for the use of illegal/controlled drugs is governed by local, state and federal laws. All cases or evidence of use, possession, cultivation or sale of drugs in university residences will be handled by the appropriate law enforcement agencies and reported to the office of residence life. This includes the possession of prescription drugs not prescribed to the student in possession of them.

(8) Explosives, firearms, fireworks and weapons

Explosives, firearms (actual, or novelties/toys reasonably resembling actual firearms), fireworks, firecrackers and similar devices, and weapons of any kind create a potential safety hazard and, therefore, the use or possession of these items is prohibited in university residences. Weapons include, but are not limited to, knives with blades over three inches, guns, bb/pellet guns, airsoft guns, paint guns, tasers, bows and arrows, machetes, Ninja stars, nunchucks, grenades and swords.

(9) Guests

(a) General

A visitor is defined as any person who is a student and is not an assigned resident of the university hall or house being visited. A guest is defined as any person who is not a student and is not an assigned resident of the university hall or house being visited. A host is defined as a person who is assigned to the particular university student room being visited. In order to maintain a living environment that respects the privacy of all residents, guests, and visitors must adhere to the following specific policies:

(i) Guests and visitors are subject to the same rules, regulations and expectations as a resident, and the host is responsible for informing his or her guests of the rules, regulations and expectations in advance.

(ii) The needs of roommates/suitemates to sleep, study and otherwise be free from interference and disruption as well as the right to privacy are paramount, and supersede the right to host a guest and/or visitor. Roommates reserve the right to reasonably refuse guests at any time.

(iii) Hosts assume full responsibility for the behavior and activities of their guest(s) and/or visitor(s) regardless of whether the host is present to observe the behavior of the guest(s) and/or visitor(s). However, hosts are expected to, whenever reasonably possible, and in compliance with these community living standards, accompany their guests at all times.

(iv) For safety and security reasons, guests must be escorted at all times and in all areas of the residence by his/her host of the building.

(v) Between the hours of midnight and eight a.m. or at other times designated by the supervisor of the residence, visitors may only enter the building if they are accompanied by a host who is a resident of the building. Visitors are required to present a picture ID and sign in to gain entrance to the building during the designated hours. Guests will be required to present a picture ID and sign in to gain entrance to the building regardless of their time of arrival to the building. Guests may only enter the building if they are accompanied by a host who is a resident of the building.

(vi) During the course of their visit, guests and visitors are expected to behave in a way that positively contributes to the residence community, showing respect and consideration for others and for property.

(vii) Guests and visitors who are acting inappropriately may be asked to leave the residence.

(viii) Guests and visitors will not be issued keys or PEDs, nor are residents to permit guests or visitors to use keys or PEDs. Guests or visitors will not be issued, nor are they to be given, bathroom codes.

(b) Overnight guests

Overnight guests or visitors are allowed to stay in university residences with the prior consent of both the host and the hosts roommate(s). However, the needs of roommates/suitemates to sleep, study and otherwise be free from interference and disruption as well as the right to privacy are paramount and supersede the right to host an overnight guest and/or visitor in the room/suite/apartment. Given the prior consent of the roommate(s), guests/visitors are allowed to stay a maximum of three consecutive nights in a ten day period. Guests/visitors may not sleep in lounges or on lounge furnishings and may not sleep in any bed without the prior consent of the individual assigned to those beds.

(10) Lost and found and abandoned property

Abandoned items will be disposed of or donated. Hall staff will generally attempt to store abandoned items as lost property for up to one month, depending on available space. Attempts to contact students will be made first by phone, then by e-mail, and finally by certified letter. Each residence hall will maintain a lost and found system at the front desk. Items brought to the lost and found will be kept for one month. If the individual owner can be identified, hall staff will make attempts to contact the owner to return the item. At the end of the one month period, unclaimed items will then be disposed of, destroyed or donated in the appropriate manner.

(11) Harassment

As defined in the code of student conduct, harassment directed at any individual will not be tolerated in university residences.

(12) Lounges and common areas

Every residence unit contains a variety of common area spaces. Some are designated study lounges, while others are used for program events and meetings. Residents wishing to reserve space in a building must contact the supervisor of the residence. All lounge furniture and wall hangings should remain in their assigned location for use by all community members. Lounges are not to be used to provide overnight accommodations for residents or guests.

(13) Mail

Only the following items may be placed in residence mailboxes:

(a) U.S. mail delivered by the post office

(b) Individually addressed campus mail

(c) Office of residence life approved announcements and notices, unaddressed items, or unaddressed advertising of any nature will not be placed in residence mailboxes unless approved by the office of residence life.

(14) Musical instruments

Because different musical instruments can be played at different volumes, some may not be appropriate for use in the residence halls. Acoustic guitars, non-amplified electric guitars and electronic pianos are some examples of instruments that can be played at a reasonable level and are permitted in the residence halls. Many living units have practice rooms that may be reserved for those choosing to bring wind, orchestral, percussion or amplified instruments to the university. To the extent that such instruments violate the courtesy or quiet-hours policies, they are not permitted in the residence halls.

(15) Pets

Pets are not permitted in university residences, including student rooms/suites/apartments, except fish in an aquarium no larger than twenty gallons. Electrical aquarium accessories must be unplugged during extended vacation periods. If any unauthorized pet is kept in a residents room, disciplinary action will be taken, and a cleaning fee may be charged to that resident.

(16) Posters, table tents and advertising

The display of posters and fliers in university residences is governed by the office of residence life. A full copy of the applicable policy, including appropriate numbers of posters is available in brochure form at this office. Only university departments and registered student organizations in good standing are eligible to display posters/fliers in university residences, after obtaining the requisite approval from the office of residence life. After obtaining approval, items must be submitted to the front desk of the hall and may only be distributed within the hall by persons employed by the office of residence life. Failure to follow this policy may result in the elimination of the privilege of displaying posters and fliers on the part of the organization or department. The display of table tents in dining facilities is governed by dining services. A full copy of the applicable policy is available at this office.

(17) Quiet hours and consideration of others

The university strives to provide its residents with a living environment that is conducive to learning. Residents and their guests are thus expected to respect the rights of others with regard to quiet for studying, sleeping and individual lifestyle choices. Quiet hours and courtesy hours are the vehicles for achieving this environment. In each residence, a program of quiet hours is established initially by the supervisor of the residence. That program of quiet hours must fulfill the following minimum requirements:

(a) Sunday through Thursday: Quiet hours must begin no later than eleven p.m. and continue until at least eight a.m.

(b) Friday and Saturday: Quiet hours must begin no later than midnight and continue until at least nine a.m. (Note: Specific quiet hours for each hall may be adjusted within the minimum guidelines at the first hall council/house meeting. The established hall quiet hours can be reviewed at any time when deemed necessary by residents of each hall within the established guidelines listed above.)

(c) Twenty-four hour quiet hours are in effect at all times during final exam periods. These quiet hours will begin at twelve midnight the Sunday prior to the final exam period and continue until the residence closes at the end of the semester. No alterations of the twenty- four hour policy during finals week are permitted.

(d) During quiet hours, the noise level in the living unit must be kept at a minimum. Music, talking or other sounds are too loud if the sound can be heard by neighbors, in the corridor or outside the building. At no time is a person to create a disturbance or noise that disrupts the activities of another person within the residence. All requests for quiet are to be immediately complied with by discontinuation of the activity causing the disturbance or noise. In the spirit of community, stereo speakers/subwoofers and stereos must not be directed out the windows/doors or used outside the residence without permission. The use of headphones is also strongly encouraged. Repeated disregard for the noise level in use of sound equipment may result in the removal of the equipment from the student room/suite/apartment. Courtesy hours: defined as hours of reasonable quiet, are to be maintained at all times, even during those times not designated as quiet hours. During courtesy hours, residents are expected to keep noise and activities at a level which will not disturb neighboring residents, including those living on other floors. All requests for quiet are to be immediately complied with by discontinuation of the activity causing the disturbance or noise. Residents are expected to anticipate and respect the needs of other students; specifically, the need to live in an environment with minimum annoyances or obstacles to academic pursuits and student wellness.

(18) Smoking

Bowling Green state university recognizes the need to create and maintain an environment that sustains and enhances the general health of its faculty, staff, students and visitors. Therefore, by resolution of the Bowling Green state university board of trustees, effective August 15, 1994, and by Ohio state law, smoking is prohibited inside all buildings, structures and vehicles owned or leased by Bowling Green state university, including those at the BGSU Firelands campus. All university residences are smoke free. Smoking is not permitted within thirty-five feet of any entrance, window or air handling unit of a university residence. Please dispose of cigarette butts and ashes in the appropriate receptacles placed outside of the university buildings and residences. Beginning January 1, 2014, smoking will be limited to designated areas on campus, including inside a personally owned vehicle.

(19) Soliciting/selling

Soliciting in residences is not permitted. Solicitation is defined as any activity designed to advertise, promote or sell any product or commercial service or encourage support for or membership in any group, association or organization and includes door-to-door canvassing. Soliciting/selling includes conducting a business in a university residence such as baby-sitting, beer distribution or selling such items as cosmetics, food, hair supplies or hair cutting/styling, raffle tickets, magazines, bagels, candy bars, etc. Advertising signs, posters and fliers in connection with such solicitation or selling may not be distributed or posted in university residences. Fundraising events/soliciting are not permitted in residences unless authorized by the director of residence life or his/her designee. Voter registration (although not door-to-door) may be authorized with the specific approval of the director of residence life as per the university policy on political campaigning.

(20) Wall and door decorations

You may make your room feel more like home by putting posters and pictures on the wall. White adhesive putty is the recommended way to do this. Avoid the use of two-sided tape, colored putty, or nails as these items create residue that must be removed or holes that must be filled. No more than fifty per cent of the surface area may be covered.

(21) Windows, coverings and screens

Regulation window coverings (blinds/drapes) are installed in every residence hall room. These window coverings must not be removed. Personal drapery may be hung using only a spring tension rod. Personal drapery and decorations should not be visible from outside the hall and should not hinder the view of emergency personnel in identifying the source of a fire. Personal drapery and decorations should not interfere with egress. Window screens and/or storm windows must not be removed at any time. Residents assume any associated costs of replacement, repair, and re-installation of window screens.

(22) Use of telephones in student rooms

(a) Every room has the capability of having a telephone line activated. Students must request to have an active telephone line provided in their assigned residence hall room. It is the responsibility of the student to request a phone line be activated through information technology services (ITS). Students requesting an active phone line for their residence hall room will be billed an additional fee that corresponds to the requested level of service provided.

(b) Per university policy and applicable law, it is unlawful to obtain or attempt to obtain telecommunication services by use of a false, fictitious or counterfeit number. It is unlawful to charge telephone calls to the telephone number or credit card number of another person without valid authority. Avoiding or attempting to avoid payment for telecommunication services by use of any fraudulent scheme, device, means or method is prohibited by law and by university regulations. Criminal prosecution and/or disciplinary action may be taken.

(c) Students are responsible for any long-distance calls made from the telephone line in their room.

Supplemental Information

Authorized By: 3345
Amplifies: 3345
Rule 3341-2-16 | Guest speakers.
 

(A) Policy statement and purpose

The purpose is to articulate how student organizations invite guest speakers to campus including stating that the speaker, nor their speech, are not representing the views of the university.

(B) Policy

It is the policy of the university to foster a spirit of free inquiry and to encourage the timely discussion of a broad range of issues provided that the views expressed are stated openly and are subject to critical evaluation. Within our prevailing standards of decency and honesty, this policy shall be construed to mean that no topic or issue is too controversial for intelligent discussion on the campus. Restraints on free inquiry should be held to that minimum which is consistent with preserving an organized society in which change is accomplished by peaceful, democratic means.

To this end, a registered student organization may invite guest speakers to the campus subject only to the following provisions:

(1) Space for the event must be registered with the Bowen-Thompson student union conference and event services office if university facilities and services are to be used, and the event will need to be registered with the office of campus activities. Individuals or registered student organizations interested in planning an all-campus event are urged to contact the office of campus activities and the student organization advisor for assistance in making these arrangements.

(2) Sponsorship must be by a registered student organization.

(3) It must be made clear that the student organization, not the university, is extending the invitation and that any views the speaker may express are his or her own and not those of the university.

(4) The student organization must take whatever steps are necessary to ensure that the event is conducted in an orderly manner. The office of campus activities is available to advise on planning major events.

(5) The student organization is encouraged to provide means for critical evaluation of the speakers view which might include an open question period following the speakers presentation.

(6) Guest speakers must also comply with the universitys policy concerning political campaigning.

Supplemental Information

Authorized By: 3345
Amplifies: 3345
Prior Effective Dates: 3/12/2015
Rule 3341-2-17 | Housing acceptance agreement.
 

(A) Policy statement and purpose

The purpose is to articulate to students living in on campus housing that they have signed a contractual agreement for their residence with the university.

(B) Policy

All students living in university residences must sign an acceptance agreement for the full academic year. This agreement establishes the terms and conditions of occupancy in university residences between the room occupant and Bowling Green state university. All residents are expected to review and understand the obligations outlined in this agreement.

November 1, 2013

Supplemental Information

Authorized By: 3345
Amplifies: 3345
Rule 3341-2-18 | Housing assignments.
 

(A) Policy statement and purpose

The purpose is to articulate to students living in on campus housing who is required to live on campus, the exceptions for living on campus, when and how room assignments are allotted and/or changes by the office of residence life, as well as how students can initiate a room change.

(B) Policy

(1) Acceptance agreement

All students living in university residences sign an acceptance agreement for the full academic year. This agreement establishes the terms and conditions of occupancy in the university residences between the room occupant and Bowling Green state university. All residents are expected to review and understand the obligations outlined in this agreement.

(2) ADA accommodations

Inquiries for disability-related housing accommodations should be made to the office of disability services. Current students are expected to renew their status with disability services on an annual basis prior to the beginning of the housing sign-up process. Upon review of the student's documentation, disability services will make a recommendation to the office of residence life regarding the student's approved accommodations.

Students with disabilities who require emergency evacuation assistance may meet with the office of disability services to complete a personal emergency evacuation plan. The office of disability services will share the emergency evacuation plan with the office of residence life, BGSU police, and other emergency response agencies. This plan must be updated annually with the office of disability services.

Students with a disability may request a meeting, at move-in, with the hall director to discuss all approved accommodations including emergency notification, personal care attendants (see full policy), emergency evacuation plans, sheltering locations, and evacuation options.

The office of disability services is located at 38 college park office building and can be reached via phone at 419-372-8495.

(3) Administrative reassignment

Under the terms of the acceptance agreement, Bowling Green state university reserves the right to permanently move and re-assign students should it be deemed appropriate to do so. Students may be moved or reassigned in response to a bias incident, student conduct, safety and security, roommate conflicts, facility needs, consolidation, and any other reason deemed appropriate by the office of residence life.

(4) Residency requirement

There are many benefits to living on campus at BGSU. For this reason, all first- and second-year students are required to reside in university-owned residences as a condition of enrollment. Exemptions from this policy may be granted for first- and second-year students who:

(a) Have lived on campus for four semesters.

(b) Are commuting daily from the permanent homes of their parents, legal guardian or spouse, located within a fifty-mile radius of BGSU.

(i) The office of residence life considers the permanent home address of the students parent(s) or legal guardian(s) to be the address-of-record on file with federal, state and local tax agencies and where a minimum of one of the students parent(s) or legal guardian(s) reside.

(ii) Students who qualify to reside off-campus under this clause are required to complete a residential verification form available in the office of residence life. Providing false information to the university is a violation of the code of student conduct.

(c) Have attained junior-level status by the first day of the fall semester.

(d) Are twenty-three years of age or older by the first day of the fall semester.

(e) Are enrolled in a university-approved co-op program.

(f) Have served in a full-time capacity in the military for thirty consecutive months or longer.

(g) Are married.

(h) Are students teaching within a fifty-mile radius of BGSU.

(5) Room assignments

When making room assignments, the office of residence life cannot discriminate on the basis of race, color, religion, national origin, age, disability, sexual orientation, gender identity, or gender expression. The office of residence life reserves the right, if the need arises, to reassign students to other residences or rooms/suites/apartments within a building for room consolidation, vacancies, maintenance or safety issues, policy violations or disruption of the living environment.

(6) Room/suite/apartment changes

Room/suite/apartment changes, including moves made within suites or apartments, must be initiated with the supervisor of the residence prior to moving. Room changes between university residences must be initiated with the supervisor of a residence before a new room assignment will be offered. A short period is established at the opening of each semester during which no room/suite/apartment or residence changes are made. Requests for room assignment changes will not be honored for reasons involving age, race, ethnicity, color, national origin, sexual orientation, disability or religion.

Supplemental Information

Authorized By: 3345
Amplifies: 3345
Prior Effective Dates: 3/12/2015
Rule 3341-2-20 | Jurisdiction of the university.
 

(A) Policy statement and purpose

The purpose is to articulate where the code of student conduct applies.

(B) Policy

University jurisdiction shall address conduct which occurs on or off university premises and adversely affects the university community and/or the pursuit of its objectives, including but not limited to creating a positive academic environment and promoting responsible citizenship. Each student shall be responsible for his/her conduct from the time of application for admission through the actual awarding of a degree even though that 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 students conduct even if the student withdraws from school while a conduct matter is pending. Student organizations are also subject to the code of student conduct.

November 1, 2013

Supplemental Information

Authorized By: 3345
Amplifies: 3345
Rule 3341-2-21 | Keys, personal entry devices (PEDs), and bathroom codes.
 

(A) Policy statement and purpose

The purpose is to articulate to students living in on campus housing their responsibility of their keys, PEDs and the bathroom codes to promote safety of their rooms and the residential community. It also outlines what happens when keys are misplaced or lost.

(B) Policy

(1) Electronic door access system

All of the university residences have been equipped with an electronic door access system. The effectiveness of this system is dependent upon its proper use. Misuse and mismanagement of personal entry devices (PEDs) reduces the systems effectiveness and places the safety of all residents at risk. Propping of doors that are electronically supervised will sound an alarm and alert the building staff of the residence of an illegal entry. Tampering with the electronic door access system makes for an unsafe living environment, is strictly prohibited and will result in disciplinary action.

(2) Keys, personal entry services (PED s) and bathroom codes

Students will be issued a key, a personal entry device (PED) and a bathroom code which they are expected to use responsibly, taking into consideration the safety, security and privacy of other residents. Keys, personal entry devices and bathroom codes are for personal use only, and students are not to loan or share any of this information with others at any time. Keys and personal entry devices are the property of the university and must be returned when a student checks out of the room and/or suite/apartment or at the request of the supervisor of the residence. A person suspected of sharing their key, personal entry device, or bathroom code may be subject to disciplinary action.

(3) Lost or stolen keys/personal entry devices (PEDs)

Should a key or a personal entry device be lost or stolen, students are responsible for reporting the lost or stolen item to the front desk or supervisor of the residence immediately so that appropriate steps can be taken to prevent illegal entry. Students will incur a cost for obtaining a replacement personal entry device. New locks for either the room/suite/apartment or for all exterior doors to the residence will be installed depending upon which key or keys have been lost or stolen. The cost of replacing locks and keys will be incurred by the responsible party.

(4) Lock-out key policy

Students who are accidentally locked out of their rooms/suites/apartments can obtain a lock-out key from the front desk or supervisor of the residence. The lock-out key is for short-term use and should be returned within thirty minutes. Use of the lock-out key in excess of two times during a given semester is considered excessive and students will be charged for each additional use of a lockout key, since all students are expected to carry their keys and personal entry devices (PEDs) with them at all times. Failure to return the lock-out key within the allotted time period or other forms of abuse, misuse, or excessive use may result in conduct action, loss of lock-out key privileges, or both.

(5) Misplaced keys

If a key is misplaced, residents are responsible for reporting the misplaced key to the front desk or supervisor of the residence. A lock-out key may be obtained for an extended forty-eight hour period to allow time to locate the misplaced key. If the misplaced key is not found and/or the lock-out key is not returned within the forty-eight hour period, the misplaced key will be considered lost and a lock change will be ordered and charged to the party responsible.

November 1, 2013

Supplemental Information

Authorized By: 3345
Amplifies: 3345
Rule 3341-2-22 | Late night events.
 

(A) Policy statement and purpose

The purpose is to articulate how to plan and implement an event that concludes after midnight in order to promote the safety or event participants.

(B) Policy

Events planned and/or sponsored by BGSU registered student organizations enrich the lives and interests of all community members. A major responsibility of sponsoring organizations is to ensure that all appropriate safety and liability precautions (e.g., participant liability waivers, additional liability insurance coverage, individual background checks, etc.) have been incorporated into the planning and implementation of their events. Generally, paid security is required at large-scale events or events that may lead to the disruption of the university environment. Examples include events where alcohol is available, concerts or other live performances, events with non-BGSU students in attendance, events occurring during late evening hours, events open to the general public, or events with a history of large attendance.

(1) All student organizations sponsoring an event on campus grounds or within a campus facility must adhere to the following:

(a) The event must be registered with the office of campus activities, 401 Bowen-Thompson student union, and the event space must be scheduled with the office of conference and event services.

(b) The sponsoring organization(s) must be in conduct and financial good-standing with the university in order to host an event.

(c) The sponsoring organization must have a minimum of three members of the organizations leadership group present for the duration of the event. The office of campus activities may also require the presence of the sponsoring organizations advisor.

(d) The sponsoring organization must designate members to serve as event staff for the duration of the event. These individuals must be clearly identifiable as event staff.

(e) If the office of campus activities, in consultation with the BGSU police department, determines paid security is needed, the sponsoring organization must contract for it with the BGSU police department.

(f) The sponsoring organization is responsible for the cost of repairing or replacing all damages, including but not limited to furniture repair or replacement, extra custodial services, and structural damages to the premises as a result of the event.

(g) Temporary structures:

(i) No structure may be erected on campus grounds without prior written approval. The approval must be secured at the time the activity is registered.

(ii) May have no more than three closed sides,

(iii) May not house generators, space heaters or cooking equipment, and

(iv) Must comply with all state of Ohio codes.

(h) Personal property must be attended at all times.

(i) Alcohol is prohibited at events unless approved prior to the event and then may only be consumed in designated areas.

(j) Inappropriate behavior including, but not limited to, the consumption or possession of alcohol and illegal drugs, fighting and other violent behavior will not be tolerated and the continuation of the event will be at the discretion of university police, facility managers, university staff, or the sponsoring organization in that order. Inappropriate behaviors will be investigated and adjudicated under the code of student conduct and/or the laws of the state of Ohio.

(k) Marketing and entry tickets shall include standard language, as applicable, concerning: ID requirements, expectations concerning re-entry, processes regarding refunds, and protocols concerning having a BGSU student host to enter. The exact language will be created by the office of campus activities during the review meeting based upon specific logistical components of the event.

(l) In addition to fire code restrictions, the office of campus activities will determine the maximum number of participants permitted for events. This decision will be made will be based upon several factors, included but not limited to: location, time, nature of the event, and past history.

(m) Registered student organizations and approved non-university organizations and groups may use university utilities and facilities only with prior approval.

(n) Failure to adhere to the expectations, procedures and protocols outlined by the office of campus activities may result in the event being cancelled or postponed.

(2) All student organizations sponsoring a late night event, which is defined as any indoor or outdoor event that conclude after midnight, must also adhere to the following:

(a) Late night events must end by one a.m. unless approved as an overnight event by the late night review committee.

(b) Overnight events may not exceed eight days and seven nights in any one semester including adjacent break periods.

(c) Non-BGSU student attendees must be eighteen years of age or older, have a valid government-issued photo ID, and be accompanied by a BGSU student host who will sign in the guest and assume responsibility for the guests behavior. Each BGSU student may only host one non-BGSU student during any late night event.

(3) Appeals concerning this policy must be made in writing to the dean of students or designee, 301 Bowen-Thompson student union. The decision of the dean of students is final.

Supplemental Information

Authorized By: 3345
Amplifies: 3345
Prior Effective Dates: 2/16/2016
Rule 3341-2-23 | Laundry.
 

(A) Policy statement and purpose

The purpose is to articulate to students living in on campus housing that they are the only ones permitted to use the residential laundry facilities since they are paying a laundry fee.

(B) Policy

Laundry facilities are provided in each residence. Use of the laundry facilities by residential students is paid for as part of the room fee. Use of the laundry facilities by non-residents is prohibited. Violators of this policy will be referred to the student conduct process.

November 1, 2013

Supplemental Information

Authorized By: 3345
Amplifies: 3345
Rule 3341-2-24 | Organizational responsibility.
 

(A) Policy statement and purpose

The purpose is to articulate that recognized student organizations may be held accountable for violations of the code of student conduct when a written allegation is received by the office of the dean of students.

(B) Policy

An incident report may be filed against a recognized student (RSO) organization under the code of student conduct. An organization RSO and its members may be held collectively and individually responsible for violations of the code by those associated with the organizations, including guests and alumni of the organization. When an incident report is filed naming an organization RSO as respondent/responding party, the presiding officer and/or students affiliated with the group shall be required to participate in meetings and hearings as representatives of the group RSO.

Supplemental Information

Authorized By: 3345
Amplifies: 3345
Rule 3341-2-25 | Parental notification.
 

(A) Policy statement and purpose

The purpose is to articulate when the university will contact parents/guardians to notify them regarding violations of the code of student conduct or health and safety concerns.

(B) Policy

(1) The Family Educational Rights and Privacy Act (FERPA) gives colleges and universities the option to release specific types of information from a students record. The office of the dean of students may notify parents/guardians when their student is under the age of twenty-one and;

(a) Violates the code of student conduct concerning the use, sale or possession of controlled substances (i.e. illegal drugs); or

(b) Violates the code of student conduct concerning the use or possession of alcohol, when any of the following apply:

(i) The student has violated this section of the code for a second time;

(ii) Medical attention to any person, including the student, was required as a result of the alcohol-related behavior;

(iii) The student demonstrated reckless disregard for their own personal safety and/or the safety of others; or

(iv) There is significant property damage as a result of the alcohol-related behavior.

(2) The office of the dean of students may also notify parents/ guardians, where warranted, if any of the following situations occurs:

(a) There student was transported to the hospital for a life-threatening condition; or

(b) There is concern for the immediate safety of their student or other individuals.

Supplemental Information

Authorized By: 3345
Amplifies: 3345
Prior Effective Dates: 3/12/2015
Rule 3341-2-26 | Personalizing your living space.
 

(A) Policy statement and purpose

The purpose is to articulate to residential students the parameters for decorating their living space as well as the types of electrical and other equipment they may have or not have in their rooms.

(B) Policy

(1) Wall door decorations

You may make your room feel more like home by putting posters and pictures on the wall. White adhesive putty is the recommended way to do this. Avoid the use of two-sided tape, colored putty, or nails as these items create residue that must be removed or holes that must be filled.

(2) Decorations

In an effort to maintain an environment that is safe and free of potential fire and other life safety hazards, residents are asked by the office of environmental health and safety to adhere to the following decoration guidelines within the residence, whether within their own rooms/suites/apartments or within the common areas of the building:

(a) General requirements

(i) All decorations shall be fire resistant or noncombustible (Ohio Fire Code, FM-306.1-5). Decorations must have the label of underwriters laboratory (UL) or similar standard.

(ii) No decorations may be hung from the ceiling, placed in offices, rooms or lounges in a manner that will interfere with safe passage or evacuation. No decorations shall be placed in hallways, aisles, stairwells or exit routes. Room doors may have a minimal amount of decorations and must comply with paragraph (B)(1) of this rule.

(iii) Exit signs, fire extinguishers, smoke detectors, fire alarm pulls, emergency lights, personal entry devices (PED) boxes and audible fire signals/ strobe lights cannot be decorated, covered or obstructed in any way.

(iv) Straw, hay, leaves, corn shocks and dry vegetation are not permitted in any building.

(v) Excessive dirt or sand is not permitted in any building.

(vi) Further information on university policies regarding the use of decorations in university residences is available from the hall or unit director.

(b) Candles

Candles of any kind (whether lit or unlit) or any other open flame devices are not permitted in any residential building (residence hall or small group living units), including but not limited to student rooms and all common area space, at any time, for any purpose whatsoever.

(c) Lighting

(i) Crepe paper or other materials are not to be wrapped around lights.

(ii) Building light bulbs are not to be painted or moved. Commercially manufactured colored bulbs may be used if positioned by custodial or maintenance employees.

(iii) Only use lighting sets that show underwriters laboratories, inc. (UL) or Canadian standards association (CSA) label.

(iv) Decorative lights used inside buildings must be "miniature" types.

(v) Lighting sets can wear out or become damaged and should be checked closely before installation for bare wires, worn insulation, broken plugs, loose sockets, etc.

(vi) Extension cords are not permitted in student residences. Power strips with surge protectors must be used in place of extension cords.

(vii) Be sure circuits are not overloaded with too many lights. If circuit breakers shut off or fuses are blown, there may be a short or an overloaded circuit.

(viii) Lighted decorations must not be left on and unattended.

(ix) There should be no pinch in electrical cords. For instance, electrical cords should not be run through door openings.

(x) Decorative lights must not be tightly coiled, wrapped around or pinched, such as under or around a bedpost.

(d) Decorative trees

(i) Live or cut trees or greens (branches, boughs, etc.) are not permitted in university-owned buildings.

(ii) Artificial trees must be of a certified slow-burning or fire-resistant material. Trees not meeting this standard will not be permitted.

(a) Artificial trees may be located in student rooms as long as the tree does not exceed two feet in height.

(b) Metallic trees shall be lit only by indirect lighting. Lighting sets are not to be hung on metallic trees (possible shock hazard).

(e) Special amusement buildings Bowling Green city fire department

Regulations prohibit haunted houses and similar amusement or educational events in which building occupants or the general public are conducted through a fixed or restricted course. This also applies to creating or building these types of structures on residence hall floors or in common areas.

(3) Electrical appliances and electronic equipment

Limitations in the availability of power to each room/suite/apartment as well as concern for fire hazards place restrictions on the types of equipment allowed in student rooms/suites/apartments. For this reason, cooking is only permitted in student rooms/suites/apartments in approved combination microwave/refrigerators, or in microwave ovens using nine hundred watts or less. Residents will be held responsible for ensuring that their electrical appliances and electronic equipment conform to the following:

(a) Approved electrical and electronic equipment and appliances are:

(i) Combination microwave/refrigerator units.

(ii) Compact portable refrigerators (size may not exceed five cubic feet, thirty-six inches in height and one point five amps).

(iii) Microwave ovens that do not exceed nine hundred watts.

(iv) Power strips with surge protectors. Please do not plug one power strip into another.

(v) Televisions, stereos, CD players, computers and peripherals and other sensitive electronic equipment.

(vi) All electrical appliances must be UL or CSA approved and used with a surge protector.

(b) Electrical and electronic equipment and appliances that are not permitted in the residences:

(i) Appliances with exposed heating elements. Among other things this includes the "George Foreman Grill" and all similar devices

(ii) Hot plates, toasters and toaster ovens

(iii) Air conditioners

(iv) Quartz halogen lights

(v) Portable heaters

(vi) Extension cords

(vii) Multi-plug adapters

(viii) Electric blankets

(4) Bunk beds/lofts

Homemade or rented lofts of any kind are not permitted in any residence hall or small-group living unit, as the furniture provided is already loftable.

(a) Placing beds in the bunked/lofted position is entirely optional on the part of the resident. Should a resident wish to bunk/loft a bed, assistance may be requested from the staff at the front desk of the residence hall or the house staff of a small-group living unit.

(b) Should beds be lofted, bed frames must be securely supported on both sides by university bed ends.

(c) A guardrail is provided with every university bed which should be utilized when the bed is in the bunked/lofted position. Should residents utilize their bunked/lofted bed without using the guardrail, they do so at their own risk.

(d) All university furniture must remain in the room in which it is originally located. The office of residence life does not provide storage facilities for furniture.

(e) All furnishings must be returned to the original position in the room before the student checks out of the room. You may be asked to deloft your bed at the end of the academic year regardless of the position of the furnishings at move-in.

(5) Non-university furniture

(a) Upholstered furniture used in the university residences must meet strict fire retardant codes (fabrics must meet the class I requirements of U.S. Department of Commerce Commercial Standard 191-53, California flammability bulletin 117, class A-ASTM-E84) or upholstered furniture section council [UFAC] [Gold tag]). Only furniture that meets this fire retardant code will be permitted in university residences.

(b) Other prohibited furniture includes:

(i) Vinyl furniture.

(ii) Inflatable furniture.

(iii) Bean bag chairs or bean bag-like chairs.

(iv) Any upholstered furniture that is not classified as fire retardant or does not meet the above fire retardant standards.

(c) It is the students responsibility to ensure that any furniture brought into the building meets these standards. Possession of or bringing of furniture into university residences which is in violation of these requirements subjects the student to disciplinary action as well as the cost of the removal and disposal of the furniture.

(6) University furniture

All furnishings provided by the university, including bed ends and bed springs, must remain in the room/suite/apartment common areas unless specifically authorized by the supervisor of the residence.

(7) Water beds

Water beds are not permitted in university residences because of weight restrictions in the halls and possible water damage to the buildings.

(8) Mercury thermometers

Mercury thermometers are prohibited in all residential buildings as they pose a serious health and safety hazard if broken.

(9) Damage to or loss of personal property

The office of residence life, Capstone management, and Bowling Green state university are not responsible for stolen, lost or damaged personal property. All residents are encouraged to properly insure such items of value via home owners or renters insurance policies.

November 1, 2013

Supplemental Information

Authorized By: 3345
Amplifies: 3345
Rule 3341-2-27 | Political campaigning.
 

(A) Policy statement and purpose

The purpose is to define for students and candidates for public office the rules for campaigning on-campus for election.

(B) Policy scope

The policy applies to all students running for an office in a student election and anyone assisting them with their election, as well as candidates campaigning for public office and their campaign workers.

(C) Policy

(1) Student elections

Candidates conducting campaigns for positions within the undergraduate student government and the graduate student senate must abide by university policies and their respective organizations constitution and bylaws. Each candidate who wishes to canvass or register voters door-to-door within the university residences shall be responsible for securing a letter from the director of residence life authorizing the candidate to canvass or register voters door-to-door. In addition to the letter of authorization, each candidate shall be given copies of the regulations governing canvassing and voter registration in university residences.

(2) Public elections

In order to conduct campaigning on campus, all candidates for public office must register with the office of the dean of students prior to campaigning. All candidates for public office must comply with all university policies including but not limited to: advertising policies, space reservation policies and applicable residence hall policies.

November 1, 2013

Supplemental Information

Authorized By: 3345
Amplifies: 3345
Rule 3341-2-28 | Code of student conduct.
 

(A) Policy statement and purpose

The Bowling Green state university (BGSU) community is committed to fostering an environment that is conducive to academic inquiry, a productive campus life and thoughtful study and discourse. The student conduct program within the office of the dean of students is committed to an educational and developmental process that balances the interests of individual students, recognized student organizations, and student groups with the interests of the university community. Within our learning community, we endeavor to act on our core values:

(1) Intellectual and personal growth;

(2) Creativity, innovation and entrepreneurism;

(3) Diversity and belonging;

(4) Collaboration with each other and our partners; and

(5) Excellence in all we do.

A community exists on the basis of shared values and principles. At BGSU, student members, recognized student organizations, and student groups are expected to uphold and abide by certain standards of conduct that form the basis of the code of student conduct.

Each member of the BGSU community bears responsibility for their conduct and to assume reasonable responsibility for the behavior of others.

When members of the community fail to exemplify these values by engaging in violations of the rules set within this code of student conduct, the proceedings outlined within are used to assert and uphold the code of student conduct.

The student conduct process at BGSU is not intended to punish students, recognized student organizations, or student groups; rather, it exists to protect the interests of the community and to challenge those whose behavior is not in accordance with our policies. This code of student conduct is intended to ensure that students, recognized student organizations, and student groups conduct themselves in accordance with the values of the university by participating in an environment which respects differences of sex, sexual orientation, gender identity, gender expression, race or color, marital status, ethnicity, religion or creed, ancestry, genetic information, pregnancy, national origin, disability, age, and veterans status. Sanctions are intended to challenge moral and ethical decision-making and to help bring behavior into accord with our community expectations. When a student, recognized student organization, or student group is unable to conform their behavior to community expectations, the student conduct process may determine that the student, recognized student organization, or student group should no longer share in the privilege of participating in this community.

The student conduct process is quite different from the criminal and civil court proceedings. Procedures and rights in student conduct procedures are conducted with fairness to all but are not an extension of, or replacement for, the local, state, or federal legal system. Due process, as defined within these procedures, assures written notice and an opportunity to be heard before an objective decision-maker. No student, recognized student organization, or student group will be found in violation of this code without information showing that it is more likely than not a policy violation occurred. Any sanctions will be proportionate to the severity of the violation and to the cumulative conduct history of the student, recognized student organization, or student group.

Students, recognized student organizations, and student groups are responsible for knowing the information, policies, and procedures outlined in the code of student conduct. BGSU reserves the right to make changes to this code of student conduct as necessary and once those changes are posted online, they are in effect. Students, recognized student organizations, and student groups are encouraged to check online for the updated versions of all policies and procedures.

(B) Definitions

(1) The term "code" means the code of student conduct.

(2) The term "student(s)" means any person from the time they are admitted to the university up through the date of graduation. This term includes, but is not limited to:

(a) Newly admitted student(s) who have attended orientation;

(b) Currently enrolled individual(s), including dual-enrolled student(s); and/or

(c) An individual who has been enrolled in classes within the prior two semesters (i.e., summer, fall, or spring).

(3) The term "recognized student organization" means a group of people who are associated with each other and who have registered with the university as a student organization as outlined in rule 3341-2-36 of the Administrative Code.

(4) The term "student group" means a group of people who are associated with the university and each other, but who have not registered, or are not required to register as a student organization (e.g., athletic teams, spirit groups, military organizations, honor societies, musical or theatrical ensembles, bands, and/or clubs).

(5) The term "university official" includes any person employed by the university and any person serving the university in an official capacity.

(6) The term "member of the university community" includes any person who is a student, university official, trustee, or any other person serving the university in an official capacity. The dean of students or designee shall determine a persons status as a member of the university community.

(7) For the purposes of the code, the term "university premises" includes all land, buildings, facilities, and other property in the possession of or owned, leased, used, controlled by, or supervised by the university, whether in Bowling Green, Ohio, or elsewhere.

(8) The terms "shall" and "will" are used in the imperative sense.

(9) The term "may" is used in the permissive sense.

(10) The term "day" means business days (Monday through Friday) when the university is open, regardless of whether classes are in session. In determining any deadlines as set forth in the code, references to a number of "days" prior to or after occurrence of an event shall not include the day of the event.

(11) The term "complainant" means any person, recognized student organization, or student group filing an incident report of alleged misconduct or otherwise bringing a complaint to the attention of a university official charged with receiving, investigating, and remedying a complaint.

(12) The term "respondent" means a student, recognized student organization, or student group against whom an incident report of alleged misconduct has been filed under this code.

(13) The term "health" means physical and/or mental well-being.

(14) For the purposes of the code, the term "residence hall" means any hall, house or other living unit owned or leased by the university for the principle purpose of providing student housing.

(15) The term "incident report" means any accusation of alleged misconduct submitted through http://bgsu.edu/reportit. The university also treats law enforcement agency reports and citations as incident reports.

(16) The term "conduct administrator" means a university employee authorized by the dean of students to facilitate the investigation and informal disposition process involving alleged violations of the code.

(17) The term "hearing chair" means a university employee authorized by the dean of students to serve as the chairperson for a university conduct committee hearing or administrative hearing during the formal disposition process involving alleged violations of the code.

(18) The term "preponderance of the evidence" is the standard of proof for alleged violation(s) of the code. A preponderance of the evidence means that, based on all the reliable, relevant evidence and reasonable inferences from that evidence, the respondent is more likely than not in violation of the code.

(19) The term "good conduct standing" is defined as not being on a conduct status, excluding a residential warning or university warning.

(C) Conduct authority

Ultimate authority for student conduct is vested in the board of trustees of the university. The board of trustees has delegated authority for student conduct to the universitys president. The dean of students is the person designated by the president to be responsible for the administration of the code. Conduct authority may be delegated to university officials and committees as set forth in this code, in accordance with other university policies, rules, or regulations, and as deemed appropriate by the dean of students or designee.

(D) Jurisdiction

(1) This code applies to the conduct of students, recognized student organizations, and student groups that occurs on or off university premises, which adversely affects members of the university community and/or the pursuit of its objectives including, but not limited to, creating a positive academic environment, promoting responsible citizenship, and fostering an inclusive community.

(2) This code applies to a students conduct if the student was considered a student, as defined in this code, at the time of the alleged incident, even if the student withdraws from the university while a conduct matter is pending. This code applies to a recognized student organizations conduct if the student organization was registered with the university as a student organization at the time of the alleged incident, even if the student organization surrenders or loses its recognition while the conduct matter is pending.

(3) This code may be applied to behavior conducted online, via email, or another electronic medium. Students, recognized student organizations, and student groups should also be aware that online postings such as blogs, web postings, chats, and social networking sites are in the public sphere and are not private. These postings can subject a student to allegations of conduct violations if evidence of policy violations is posted online. BGSU does not regularly search for this information but may take action if and when such information is brought to the attention of university officials.

(E) Violation of law and university policy

An incident report may be filed against a student, recognized student organization, or student group charged with a violation of a law that is also a violation of this code if both violations result from the same factual situation, independent of any pending criminal prosecution or civil litigation. Proceedings under the code may be carried out prior to, simultaneously with, or following criminal prosecution or civil litigation.

(F) Intersection with title IX sexual harassment and policy and procedures

(1) The title IX sexual harassment and policy and procedures, rule 3341-2-41 of the Administrative Code, has certain jurisdictional limitations. An allegation of prohibited conduct as defined under that rule that is outside the scope of that rules jurisdiction, but within the jurisdiction of the university under the code, will be treated as an allegation of prohibited conduct under this code.

(2) A matter may be referred for jurisdictional reasons from the title IX process to the code process at any time or may originate in the office of the dean of students and will be considered non-title IX sexual misconduct. Interim measures under this code may be applied as warranted. The code process for a referred matter is set forth in this code. The dean of students (or designee) will review each referred matter to determine if additional incident reporting, conduct meetings, or investigation are needed.

(3) If the respondent disputes an allegation of prohibited conduct under this code, the case will proceed in accordance with the hearing procedures set forth in the code. The appeal process will follow in accordance with the code.

(G) Prohibited conduct

Any student, recognized student organization, or student group found to have committed one or more of the following acts of prohibited conduct will be subject to sanctions. The standard of proof in determining whether a student, recognized student organization, or student group has violated the code is the preponderance of the evidence.

(1) Offenses against the university community

(a) Acts of dishonesty including, but not limited to:

(i) Furnishing false information to the university or any university official.

(ii) Furnishing or possessing false, falsified, or forged materials, documents, accounts, records, identification, or financial instruments.

(iii) Tampering with the election of any recognized student organization or student group.

(iv) Unauthorized use of university, recognized student organization, or student group funds.

(b) Violation(s) of the universitys residence life community living standards and/or residential living agreement.

(c) Violations of other published university policies, rules, or regulations. Such policies, rules, or regulations include, but are not limited to: parking and traffic regulations, policies concerning recognized student organizations and other published policies.

(d) Recording interactions with faculty are not allowed without their expressed permission. Faculty also have the right to control the classroom environment and to permit or deny permission to do electronic video or audio recording at their discretion.

(2) Offenses against persons

(a) Harm to others - intentionally or recklessly causing physical harm or endangering the health or safety of any person.

(b) Threatening behaviors conduct or actions that causes a reasonable expectation of injury to the health or safety of any person or damage to any property, or intimidation which is defined as implied threats or acts that cause a reasonable fear of harm in another.

(c) Unwanted conduct unwelcome conduct that is so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the persons educational program or activity. In no event shall this provision be used to discipline a student, recognized student organization, or student group for speech protected by the First Amendment of the United States Constitution.

(d) Discrimination or harassment - see rule 3341-5-51 of the Administrative Code, "Non-Discrimination in Employment and Education," which prohibits:

(i) Adverse education action taken under university authority against a person based upon that persons protected class.

(ii) Unwelcome verbal, nonverbal, or physical conduct directed toward a person that is based on the persons protected class.

(e) Using electronic or other means to make a video, audio, or photographic record of any person in a location where there is a reasonable expectation of privacy without the persons prior knowledge or permission in each instance when such a recording is likely to cause injury, distress, or damage to reputation. The storing, sharing, and/or distributing of such unauthorized records by any means is also prohibited.

(f) Hazing

(i) Hazing means doing any of the following or pressuring, causing, forcing, soliciting, or coercing any person to do any of the following, for the purpose of initiating, admitting, or affiliating an individual into or with a student group or student organization; continuing or enhancing an individuals membership or status in a student group or student organization; or perpetuating or furthering a tradition or ritual of a student group or student organization:

(a) Engage in any conduct prohibited by federal and/or state and/or municipal criminal law, regardless of whether an arrest is made, or criminal charges are brought;

(b) Take into their body any food, liquid (including alcohol), drug, or other substance that subjects the person to a substantial risk of mental or physical harm; and /or

(c) Cause or create a substantial risk of causing mental or physical harm to another and/or engage in any act or omission that contributes to the death of another.

(ii) See rule 3341-2-49 of the Administrative Code for reporting obligations and options, investigation procedures, corrective action, and zero tolerance sanctions.

(iii) Per rule 3341-2-49 of the Administrative Code, the following acts constitute prohibited conduct:

(a) Purposefully, knowingly, recklessly, or negligently hazing any person.

(b) Involvement in the planning of hazing and/or being present during hazing.

(c) Failing to intervene to prevent or stop hazing if the individual has prior knowledge of a planned hazing activity.

(d) Failing to assist or seek assistance for if the individual knows or reasonably should know that another is in danger from effects of hazing.

(e) Knowingly making a false accusation of hazing.

(f) Failing to report any information about suspected hazing if the person is required to do so.

(g) Failing to cooperate in an investigation of hazing.

(h) Retaliating against or taking adverse action towards any reporting party and/or person participating in a hazing investigation or disciplinary proceeding.

(g) Retaliation-a student, recognized student organization, or student group shall not retaliate against any person who files an incident report, brings forward a complaint or concern, serves as a witness, assists, or participates in any investigation or in any university proceeding.

(h) Sexual assault, sexual harassment, dating violence, sexual misconduct and stalking all complaints or reports of sexual harassment, sexual assault, stalking, dating violence, and domestic violence by or on behalf of students, recognized student organizations, and student groups will initially be referred to the universitys title IX coordinator or designee for review and determination of whether the allegation is covered by rule 3341-2-41 of the Administrative Code. If the alleged sexual misconduct is not within the definitions or jurisdictional elements of the universitys title IX sexual harassment policy and procedures, such alleged misconduct will be referred to as "non-title IX sexual misconduct." The procedures for non-title IX sexual misconduct are set forth in this code. Title IX and this code prohibit the following acts:

(i) Sexual assault: see university policy 3341-2-41: title IX sexual harassment and policy and procedures.

(ii) Sexual harassment: see university policy 3341-2-41: title IX sexual harassment and policy and procedures.

(iii) Stalking: see university policy 3341-2-41: title IX sexual harassment and policy and procedures.

(iv) Dating violence: see university policy 3341-2-41: title IX sexual harassment and policy and procedures.

(v) Domestic violence: see university policy 3341-2-41: title IX sexual harassment and policy and procedures.

(vi) Retaliation: see university policy 3341-2-41: title IX sexual harassment and policy and procedures.

(vii) Violation of mutual restrictions on contact between parties: see university policy 3341-2-41: title IX sexual harassment and policy and procedures.

(viii) Sexual misconduct: sexual misconduct may also include any intentional touching of a sexual nature or attempted touching of a sexual nature without consent that is not prohibited by the title IX sexual harassment and policy and procedures; touching for the purposes of sexual gratification in areas of the body that does not include breasts, buttocks, groin, or genitals; sexual exploitation (such as voyeurism, peeping, forwarding of pornographic or other sexually inappropriate material to non-consenting students, non-consensual recording of sexual activity, or any activity that goes beyond the boundaries of consent); lewd or obscene sexual behavior (such as public masturbation, engaging in sexually explicit activity in public spaces including online, or exposure of oneself without another's consent). For purposes of this section, "consent" has the meaning as in rule 3341-2-41 of the Administrative Code: title IX sexual harassment and policy and procedures.

(3) Offenses against property

(a) Attempted or actual theft or possession of stolen property, whether knowingly or should have reasonably known.

(b) Attempted or actual damage or vandalism to property.

(c) Unauthorized possession, duplication, or use of keys and other entry codes or devices to any premises.

(d) Unauthorized presence in or unauthorized use of property, resources, or facilities.

(e) Theft or other abuse of computer facilities, accounts, or resources including, but not limited to:

(i) Unauthorized entry into a file to use, read, or change the contents, or for any other purpose.

(ii) Unauthorized transfer of a file.

(iii) Use of another individuals identification and/or password.

(iv) Use of computing facilities, accounts, or resources to interfere with the work of others.

(v) Use of computing facilities, accounts, or resources to send obscene or abusive messages.

(vi) Use of computing facilities, accounts, or email to send unsolicited or unauthorized messages with the intention of reaching a mass of users.

(vii) Use of computing facilities, accounts, or resources to interfere with normal operation of the university computing system.

(viii) Use of computing facilities, accounts, or resources in violation of copyright laws.

(ix) Any violation of the universitys information technology policies.

(f) Littering

(4) Offenses disrupting order or disregarding health and safety

(a) Drugs

(i) Use and/or possession of controlled substances including marijuana or substances derived from marijuana, except as expressly permitted by law.

(ii) Use and/or possession of drug-related paraphernalia except as expressly permitted by law.

(iii) The abuse, misuse, sale, or distribution of prescription drugs.

(iv) Manufacture, cultivate, distribute, sale, and/or offer for sale of any controlled substance or drug, except as expressly permitted by law.

(v) Intentionally or recklessly inhaling or ingesting substances (e.g. nitrous oxide, glue, paint, etc.) that will alter a persons state of mind.

(vi) Misconduct under the influence of drugs including, but not limited to, operating a vehicle under the influence of drugs or disorderly conduct due to the influence of drugs.

(b) Alcohol

(i) Use and/or possession of alcoholic beverages except as expressly permitted by law and university policy. This includes, but is not limited to, the underage possession or consumption of alcohol.

(ii) Selling, distributing, or furnishing of alcoholic beverages except as expressly permitted by law and university policy. This includes, but is not limited to, providing alcohol to a person under the legal drinking age.

(iii) Misconduct under the influence of alcohol including, but not limited to, operating a vehicle under the influence, disorderly conduct due to intoxication, or public intoxication.

(iv) Failure of a recognized student organization or student group to take all necessary steps to ensure that no person under the legal drinking age possesses alcoholic beverages at functions it sponsors or within any property or transportation it owns, operates, and/or rents.

(v) Hosting or participating in any activity that promotes excessive consumption of alcohol.

(c) Weapons

(i) Possession, storage, or use of weapons including but not limited to firearms, compressed air-guns, pellet guns, etc. on university premises except as expressly permitted by law and university policy.

(ii) Possession, storage, or use of dangerous materials including but not limited to fireworks, explosives, or chemicals which are corrosive or explosive on university premises except as expressly permitted by law and university policy.

(iii) Use of any other object not already mentioned to intimidate, threaten, harm, and/or provide force can be considered a weapon under this provision.

(d) Fire safety

(i) Failing to properly evacuate during a fire alarm.

(ii) Falsely reporting a fire-related emergency.

(iii) Tampering with or improperly engaging a fire alarm, smoke detector, or sprinkler system.

(iv) Improper use or possession of fire safety equipment.

(v) Intentionally or recklessly causing a fire, regardless of whether it damages property, or causes injury to another.

(e) Gambling- illegal gambling or wagering.

(f) Disruptive behavior

(i) Disrupting and/or interfering with university operations including, but not limited to, obstruction of teaching, research, and/or administrative activities.

(ii) Causing, inciting, or participating in any conduct that unnecessarily disturbs others or disrupts local municipalities, including, but not limited to, participating in or inciting a riot.

(iii) Creating a health and/or safety hazard, including but not limited to, dangerous pranks, hanging out of or climbing from/on/in windows, balconies, roofs, etc., violating federal, state, local, or university public health and/or safety requirements, or exceeding the maximum occupancy of a structure.

(iv) Failure to comply with lawful orders of university officials or law enforcement officers acting within the scope of their job duties, including but not limited to, failure to identify oneself to these persons when requested to do so.

(v) An act, which deliberately interferes with the freedom of speech of any member or guest of the university community.

(vi) Public urination or defecation in a place that is not intended for use as a restroom.

(5) Noncompliance with the conduct process

This includes, but is not limited to:

(a) Failing to obey the directives of a university official, conduct administrator, or hearing chair, including failure to appear at a conduct meeting or hearing.

(b) Falsifying, distorting, intentionally omitting, or misrepresenting information at a university proceeding, including but not limited to, a conduct meeting or hearing, or knowingly initiating a false statement or complaint.

(c) Discouraging or attempting to discourage a persons proper participation in, or use of, the conduct process whether in person or via digital platform such as e-mail or social media.

(d) Harassing or intimidatiing a university official, conduct administrator or member of a conduct committee.

(e) Harassing and/or intimidating any person participating in an investigation or disciplinary proceeding.

(f) Failing to comply with sanction(s) imposed under the code.

(g) Intentionally delaying a conduct investigation, meeting, or hearing.

(h) Destroying or concealing information of an alleged policy violation.

(i) Influencing or attempting to influence another person to commit an abuse of the conduct process.

(6) Shared responsibility for infractions

(a) Any action or inaction that contributes to a violation of university policies, including but not limited to, planning, causing, facilitating, or aiding the violation, whether present during the violation or not.

(b) Students, recognized student organizations, and student groups may be held responsible for the conduct of their guests while on university premises, at university-sponsored or supervised activities, and at functions sponsored by any recognized student organization or student group.

(7) Violation of state, federal, or local laws any act or omission the constitutes a violation of federal, state, or local laws, which is not otherwise covered in this code.

(H) Organizational and group responsibility

An incident report may be filed against a recognized student organization or student group under the code. A recognized student organization, a student group, and individual students may be held collectively and individually responsible for violations of the code, as well as for violations of the code conducted by those associated with the recognized student organization or student group, which includes guests and alumni. When an incident report is filed naming a recognized student organization or student group as respondent, the presiding officer and/or students affiliated with the organization or group shall be required to participate in meetings and hearings as representatives.

(I) Conduct in residential facilities

Members of the universitys residential community are responsible for their own actions as well as for the actions of their guest(s). Showing consideration for others and respect of university and personal property are the basic foundations of community living. At times, it may be necessary for the university to hold community members responsible for their actions that violate university policies. Any resident who violates a university policy, including the residential community living standards, may be held accountable via this code.

(J) Interim measures

When the dean of students or designee has reasonable cause to believe that a student, recognized student organization, or student group may pose a risk to the safety or well-being of those involved or others in the university community, the student, recognized student organization, or student group may be issued an interim measure.

(1) Imposition of interim measures

Interim measures may be imposed only:

(a) If the student, recognized student organization, or student group poses a threat to the safety and/or well-being of others or if significant disruption to normal operations of the university may occur;

(b) If a student is criminally charged with one or more of the following offenses of violence: aggravated murder, murder, voluntary manslaughter, involuntary manslaughter, felonious assault, aggravated assault, assault, permitting child abuse, aggravated menacing, menacing by stalking, menacing, kidnapping, abduction, extortion, rape, sexual battery, gross sexual imposition, aggravated arson, arson, terrorism, aggravated robbery, robbery, aggravated burglary, burglary, inciting to violence, aggravated riot, riot, inducing panic, domestic violence, intimidation, intimidation of crime victim or witness, escape, improperly discharging a firearm at or into a habitation or school, endangering children or felonious penetration; and/or

(c) When otherwise provided by law.

(2) Interim actions

(a) Interim actions may be implemented by a conduct administrator and include, but are not limited to: no contact directives(s); restriction from specific classes, campus facilities, activities, or locations; change of housing assignment; restrictions from entering certain institutional property; requirement to secure a psychological evaluation; cease and desist mandates; restriction from facilitating or participating in designated campus activities; other measures designed to promote the safety or well-being of the parties and BGSU community, etc.

(b) An interim action shall remain in effect until removed or altered by the dean of students or designee or as the result of the student conduct process. Students, recognized student organizations, or student groups may challenge an interim action in writing to the dean of students or designee. Failure to comply with an interim action may result in a referral to the office of the dean of students and/or the BGSU police department.

(3) Interim suspension

(a) The dean of students or designee may impose a university and/or residence hall suspension on a student, recognized student organization, or student group prior to a conduct meeting or hearing. An interim suspension takes effect immediately upon issuance.

(b) During an interim suspension, a student, recognized student organization, or student group may be denied access to a living unit and/or to the campus, including classes, and/or all other university activities or privileges for which the student might otherwise be eligible. A recognized student organization or student group shall discontinue all activities during an interim suspension.

(c) A student, recognized student organization, or student group will receive written notice of the interim suspension, including a description of the suspected misconduct. If a student is criminally charged with one or more of the following offenses of violence: aggravated murder, murder, voluntary manslaughter, involuntary manslaughter, felonious assault, aggravated assault, assault, permitting child abuse, aggravated menacing, menacing by stalking, menacing, kidnapping, abduction, extortion, rape, sexual battery, gross sexual imposition, aggravated arson, arson, terrorism, aggravated robbery, robbery, aggravated burglary, burglary, inciting to violence, aggravated riot, riot, inducing panic, domestic violence, intimidation, intimidation of crime victim or witness, escape, improperly discharging a firearm at or into a habitation or school, endangering children or felonious penetration, a hearing will take place within five days or such other reasonable time, but continuances shall not exceed a total of ten days. In those cases, the hearing shall proceed in accordance with section 3345.22 of the Revised Code. For all other cases, a hearing will take place within ten days of receipt of the written notice of interim suspension or such other time as specified in the notice. The student, recognized student organization, or student group may within three days of the imposition of the interim suspension, petition the provost and senior vice president for academic and student affairs or designee for reinstatement. The petition must be in writing and must include supporting documentation or evidence that the student, recognized student organization, or student group does not pose, or no longer poses, a significant risk of substantial harm to the health or safety of others or property.

(K) Filing an incident report

(1) Any person may file an incident report against a student, recognized student organization, or student group alleging violation(s) of this code. An incident report shall be made in writing and directed to the office of the dean of students or designee. Though anonymous complaints are permitted, doing so may limit the universitys ability to investigate and respond to a complaint. Those who are aware of misconduct are encouraged to report it as quickly as possible to the office of the dean of students and/or to the BGSU police department.

(2) There is no time limit on reporting violations of the code; however, the longer someone waits to report an offense, the harder it becomes for university officials to obtain information and witness statements and to make determinations regarding alleged violations.

(3) A complainant may be asked to participate in the conduct meeting or hearing as a witness and to present relevant information.

(4) After receiving an incident report, a conduct administrator will conduct a preliminary inquiry into the nature of the report, jurisdiction, and information available. The conduct administrator may determine that there is insufficient information to pursue an investigation, that the behavior alleged, even if proven, would not violate the code, or may initiate an investigation to determine if the incident report has merit and if it can be resolved by mutual consent of the persons involved on a basis acceptable to the conduct administrator. Such resolution shall be final and there shall be no subsequent proceedings. If a conduct administrator determines the incident report has merit and cannot be resolved by mutual consent, the conduct administrator may participate in any subsequent conduct meeting or hearing to resolve the incident report.

(5) The dean of students or designee reserves the right to refer any incident report to a university official or committee other than a conduct administrator, the university conduct committee, or the title IX and sexual misconduct board.

(6) If a respondent fails to keep a meeting with the conduct administrator, a hold may be placed on the students registration account and/or on the conferring of a degree, and a decision regarding appropriate charges, responsibility and/or sanctions may still be made.

(L) Communication

BGSU email is the official means of communication with students regarding student conduct matters. Students are responsible for all communication delivered to their university email address.

(M) Investigation

(1) Respondents will have the opportunity to meet with a conduct administrator to discuss the incident report. During the investigation meeting, the respondent will receive:

(a) Reasonable access to the incident report filed.

(b) An opportunity to be assisted by one advisor of their choosing and at their expense. Respondent may, at no cost, request an advisor from the universitys office of the dean of students or designee. Advisors are not allowed to speak or participate in the conduct process. Meetings will not be scheduled around the availability of the advisor. Advisors may not appear in lieu of the respondent. An attorney can be used as an advisor but is subject to the aforementioned stipulations.

(c) An opportunity to respond to the incident report and to present relevant information and/or witnesses.

(2) Based on the information gathered during the investigation including statements from the respondent, a determination will be made by the conduct administrator whether the information presented warrants a charge of an alleged violation(s) of the code, using the preponderance of the evidence standard of proof.

(3) Respondents will be provided up to two days to choose between the informal and formal disposition options. Should the respondent fail to decide, the case may be resolved without the input from the respondent.

(N) Informal disposition

(1) Respondents not disputing alleged policy violation(s) may choose the informal process for resolution of one or more violations of the code.

(2) The respondent will receive, via electronic mail to the respondents BGSU email address, written notice that a complaint has been received prior to the conduct meeting.

(3) The respondent will have the opportunity to discuss sanctions with a conduct administrator.

(4) A final determination of sanctions will be provided in writing to the respondent through email.

(5) As permitted by the Family Educational Rights and Privacy Act (FERPA), victims of crimes of violence will be notified of the resolution and the sanctions.

(6) Guidelines for the implementation of sanction(s) are outlined in this code.

(O) Formal disposition - university conduct committee (UCC) and administrative hearing

(1) Respondents disputing the alleged policy violation(s) are entitled to a formal hearing before the UCC or with a single decision maker in an administrative hearing. Respondents will be provided an opportunity to select one of the two formal disposition options.

(2) Composition of UCC

(a) The UCC shall be composed of faculty, students, and staff members. Members shall be appointed by the dean of students or designee for a one-year term and may be reappointed. For a student to serve as a member, the student must have completed at least fifteen hours of academic credit, must maintain a cumulative GPA of at least 2.0, and not violate the code throughout the time that they are serving in this role. The dean of students or designee may remove a member from the UCC when the member has failed or refused to perform their duties or responsibilities. Student members who violate this code may be removed from the UCC.

(b) Quorum for a hearing is three members: one employee (i.e., faculty or staff) and two students (i.e., undergraduate or graduate). In the event quorum cannot be reached, the respondent can waive the three-member requirement, and a hearing will not be conducted without a minimum of two UCC members. For non-title IX sexual misconduct cases, the quorum for the hearing is three employees (i.e., faculty or staff) who have been specifically trained to adjudicate alleged sexual misconduct cases. In the event quorum cannot be reached, the respondent can waive the three-member requirement, and a hearing will not be conducted without a minimum of two UCC members. Students will not serve on UCC for non-title IX sexual misconduct cases.

(c) A staff member in the office of the dean of students or designee will serve as the hearing chair and is responsible for coordinating hearings. The hearing chair will make the final determination of responsibility and will assign any relevant sanctions.

(d) No committee members hearing a case should have a direct, firsthand knowledge of the case before the UCC.

(e) Prior to the hearing, a respondent may challenge a UCC member on the grounds of a conflict of interest that might affect impartial consideration of the finding. The remaining members of the UCC will conduct a secret ballot vote to determine if the challenged member shall be recused from the hearing. The hearing chair will set a deadline for the respondent to submit a concern regarding a conflict of interest in advance of the hearing.

(3) Composition for an administrative hearing

Administrative hearings are presided over by a single decision maker.

(4) Hearing procedures for UCC and administrative hearing

(a) The respondent will receive written notice of the hearing date at least three days prior to the hearing.

(b) On a date specified by the hearing chair, the respondent may submit hearing packet materials, which may include a list of witnesses for the hearing, a summary of the information each witness is expected to provide, advisor contact information, and any relevant documents, reports, or statements the respondent expects to present at the hearing. In advance of the hearing, the hearing chair will provide an electronic hearing packet, which will also include all relevant documents, reports, or statements pertaining to the investigation submitted by the conduct administrator. Materials not included in the hearing pack cannot be introduced at the hearing.

(c) The respondent may be assisted by one advisor of their choosing and at their expense. Advisors are not permitted to speak or participate in a hearing. Hearings will not be scheduled around the availability of an advisor. The respondent must include their advisors name, telephone number, and email address as part of their hearing packet materials. Advisors may not appear in lieu of the respondent; however, an advisor may consult with the respondent during a hearing and may assist with preparation for the hearing. An attorney may serve as an advisor but is subject to the aforementioned stipulations. Should an advisor not be able to attend the hearing date, the hearing will still proceed.

(d) Admission to the hearing of persons other than the parties involved will be at the discretion of the hearing chair. Hearings will be closed to the public.

(e) For incidents involving more than one respondent, the hearing chair will determine whether there will be one hearing or separate hearings for the respondents involved. In joint hearings, separate determinations of responsibility will be made for each respondent.

(f) In rare instances, the university may decide to formally present a code case using legal counsel. In such cases, the respondent will be given adequate notice in order to seek legal counsel, if so desired. In these instances, the case will be heard by either the UCC or administrative hearing, and a staff member from the office of general counsel or their designee will serve as the conduct administrator.

(g) The respondent is strongly encouraged to attend and participate in the hearing; however, the respondent may choose to remain silent. If a respondent fails to appear for a hearing, the hearing may proceed without the respondents presence. Although no inference shall be drawn against a respondent for failing to attend a hearing or remaining silent, the hearing may proceed, and the conclusion will be based on the evidence presented.

(h) The respondent may request alternative accommodations in lieu of being physically present at the hearing (i.e., a respondent may request to participate via a virtual platform).

(i) There will be a single verbatim record, such as an audio recording, for all formal hearings. Deliberations will not be recorded. The record will be the property of the university and maintained according to the record retention policy of this code.

(j) During UCC and administrative hearings, the hearing chair will exercise control over the proceedings. The hearing chair is permitted to ask questions. If any person is disruptive, the hearing chair may require them to leave the hearing.

(k) During UCC and administrative hearings, the hearing chair will determine whether information is relevant. Information will be considered relevant if it directly relates to the facts of the alleged violation(s) or appropriateness of a particular sanction. Formal rules of evidence shall not apply.

(l) The conduct administrator will be the first person to present information regarding the investigation during the hearing.

(m) During UCC hearings, the UCC members and hearing chair will ask questions to the conduct administrator pertaining to the investigation and/or alleged policy violation(s). During administrative hearings, the hearing chair will have an opportunity to ask questions to the conduct administrator pertaining to the investigation and/or alleged policy violation(s). The respondent will also have an opportunity to ask questions to the conduct administrator pertaining to the investigation and/or alleged policy violation(s).

(n) The second person who may present information during the hearing, is the respondent. The respondent may verbally respond to the charges.

(o) The respondent, members of UCC, or hearing chair may ask questions directly to each witness. The hearing chair, at their discretion, may have questions directed through them versus allowing questions to be directly addressed to an individual

(p) The hearing chair may disallow any question that seeks information that is not relevant or may rephrase the question to limit it to relevant information.

(q) Witnesses (other than the respondent and the conduct administrator) will be excluded from the hearing until it is their designated time to answer questions.

(r) The respondent and conduct administrator will be given a final opportunity to ask concluding questions of one other

(s) During UCC hearings, the UCC members and the hearing chair will be given an opportunity to ask concluding questions to both the conduct administrator and the respondent pertaining to the investigation and/or alleged policy violation(s). During an administrative hearing, the hearing chair will have a final opportunity to ask questions to the conduct administrator and the respondent pertaining to the investigation and/or alleged policy violation(s).

(t) The respondent and UCC members will examine the information included in the hearing packet.

(u) The respondent will be given an opportunity to make a concluding statement pertaining to the facts of the case. Concluding statements are limited to no more than five minutes. The hearing will end after the concluding statement from the respondent.

(v) For UCC hearings, the UCC members will consider the allegation(s) of prohibited conduct to determine if there was sufficient information by a preponderance of the evidence for a finding of responsibility for a code violation(s) and will make a verbal recommendation to the hearing chair. The hearing chair will make the final determination of responsibility regarding the charge(s) and will determine all sanctions.

(w) For administrative hearings, the hearing chair will consider the allegation(s) of prohibited conduct to determine if there was sufficient information by a preponderance of the evidence for a finding of responsibility for a code violation(s) and will make the final determination of responsibility regarding the charge(s) and will determine all sanctions.

(x) If the hearing chair determines that a preponderance of the evidence compels the conclusion that the respondent engaged in an act of prohibited conduct under the code, they will find the respondent to be responsible for a code violation(s). Prior conduct history will be considered for sanction purposes only.

(5) Hearing outcome and sanctions

(a) The respondent will have the opportunity to submit impact mitigation statements to the hearing chair prior to the hearing. If the hearing chair finds the respondent to be responsible for prohibited conduct under the code, the hearing chair will review any impact or mitigation statements and will determine appropriate sanctions. The sanctioning process is to end the prohibited conduct, protect the best interests of the BGSU community, and promote the goals and objectives of this policy in a manner that supports the universitys educational mission. Sanctions may also be designed to promote safety, deter similar behavior, and promote university values.

(b) The hearing chair will provide a written notice of the outcome of the hearing including a rationale for the finding, and any appeal rights to the respondent.

(c) As permitted by FERPA, victims of crimes of violence will be notified of the resolution and the sanctions.

(d) Guidelines for the implementation of sanction(s) are outlined in this code.

(6) Administrative review

Respondents disputing the alleged policy violation(s) of only the residence life community living standards and/or residential living agreement are only entitled to an administrative review. An administrative review consists of the respondent submitting a written response. The written response must include the reasons that the student is contesting the alleged policy violation and provide additional information regarding the incident that they want considered, which can include names and statements of witnesses who have relevant information specific to the alleged violation. The administrative review officer, who is a designee of the director of residence life, will examine the case, perform additional investigation if necessary, and render a finding regarding responsibility for the alleged violation(s) of the residence life community living standards and/or residential living agreement and assign sanctions, if appropriate. If the respondent requests an administrative review but does not submit any additional information, the administrative review officer will examine the case notes and proceed with rendering a finding regarding responsibility for the alleged violation(s) of the residence life community living standards and/or residential living agreement and assign sanctions, if appropriate.

(P) Medical amnesty

(1) Student health and safety is a substantial university interest. Abuse and overconsumption of alcohol or other legal and illegal substances is a serious and worsening national problem. The universitys interest in promoting student health and safety is furthered by encouraging students to seek and obtain prompt medical assistance for themselves, and/or another, if in distress from the abuse of alcohol or other substances. The universitys interest is also furthered by removing obstacles to obtaining prompt medical assistance for a person in distress from alcohol or substance abuse.

(2) Any student who, in good faith, seeks or obtains medical assistance (e.g., by calling 9-1-1) for another person shall not be found responsible for a minor violation of the code, including the possession or consumption of alcohol or drugs, unless the student caller knowingly and/or recklessly endangered the health or safety of another person. If, during the conduct procedures, a student callers actions are determined to have been knowing and/or reckless, having called for assistance will be considered as a mitigating factor in determining a sanction.

(3) A currently enrolled student who, in good faith, seeks or obtains medical assistance (e.g., by calling 9-1-1) for themselves for the overconsumption of alcohol or for a drug overdose, shall not be found responsible for a violation of the code in connection with the possession or consumption of alcohol or drugs if all the following apply:

(a) The information that would be the basis for a hearing of a code violation for alcohol, drug, or other offense was obtained as a result of a student seeking medical assistance for themselves for the overconsumption of alcohol or a drug overdose.

(b) Under the supervision of the office of the dean of students, the student accepts responsibility for the misconduct and completes any educational interventions required by the office of the dean of students.

(c) The student has not previously asserted this policy in defense of another alcohol or drug incident.

(d) The student is in good disciplinary standing with the university

(e) When circumstances warrant, the office of the dean of students may waive compliance with any part of this section. This will be determined on a case by case basis.

(4) The medical amnesty policy does not prevent the university from notifying students parents/guardians about the incident because family members can provide additional support for students.

(5) The medical amnesty policy applies only to disciplinary actions under the code and does not apply to limit any law enforcement agency, including the BGSU police department, from investigating or prosecuting criminal activity in accordance with state and federal law.

(6) The medical amnesty policy does not preclude any disciplinary actions regarding other university violations such as endangering, threatening, or attempting to cause physical harm to another individual; sexual misconduct; relationship violence; damage to property; theft; and hazing.

(7) Recognized student organizations and student groups

If a representative of a recognized student organization or student group seeks medical assistance for the overconsumption of alcohol or a drug overdose, that act will be considered as a mitigating factor in determining a sanction if the recognized student organization or student group is found in violation of the code in connection with the occurrence.

(8) Determination of application of medical amnesty

Whether all the conditions of medical amnesty have been satisfied shall be at the sole sound discretion of the office of the dean of students.

A student, who fails to successfully satisfy all the conditions of medical amnesty, including any required educational interventions, will be referred for adjudication through the code of student conduct for the original incident.

(9) Appeal

A student who has been denied the medical amnesty defense afforded by this policy may appeal that decision to the dean of students with five days of the decision. The deans decision shall be final.

(Q) Sanctions

The following sanctions may be imposed upon any student or recognized student organization found to have violated the code:

(1) Residential warning a written reprimand specifying the community living standards and/or other residence life policy violation for which the student is being held responsible. Residential warning is for a designated period of time and includes the probability of more severe sanctions if the student is found in violation of any other university policy while on residential warning. A student is considered in good conduct standing while on residential warning.

(2) University warning a written reprimand specifying the violation for which the student is held responsible. University warning is for a designated period of time and includes the probability of more severe sanctions if the student is found in violation of any university policy while on university warning. A respondent is considered in good conduct standing while on university warning status.

(3) Residential conduct probation a written reprimand specifying the violation for which the student is held responsible. Residential conduct probation is for a designated period of time and includes the probability of more severe sanctions, including suspension or expulsion from university housing, if the student is found in violation of any university policy while on residential conduct probation. A student is not considered in good conduct standing with the office of residence life while on residential conduct probation.

(4) University conduct probation a written reprimand specifying the violation for which the student is held responsible. University conduct probation is for a designated period of time and includes the probability of more severe sanctions, including suspension or expulsion, if the student is found in violation of any university policy while on university conduct probation. Respondents on university conduct probation are not considered to be in good conduct standing with the university.

(5) Deferred suspension separation from the university for a defined period of time unless specified educational sanctions are successfully completed and the respondent has no further violations of any university policy while on a status of deferred suspension. Upon successful completion of educational sanctions and after the defined period of time, university conduct probation will be assigned for a defined period of time. Failure to complete educational sanctions and/or a violation(s) of this code while on deferred suspension may result in suspension from the university. Respondents on deferred suspension are not considered to be in good conduct standing with the university.

(6) Suspension separation of the student from the university for a defined period of time, after which the student is eligible to return, and a permanent notation on ones transcript. While on suspension, the student may be prohibited from being present on all university property. Conditions for readmission may be specified

(7) Expulsion permanent separation of the student from the university and a permanent notation on ones transcript. The student may also be permanently prohibited from being present on all university property.

(8) Withholding or revoking a degree the university may withhold conferring a degree or revoke a conferred degree due to a finding of prohibited conduct when the student would have been suspended or expelled for the finding had the conduct process been completed prior to the awarding of the degree.

(9) Residence hall suspension separation of a student from one or more of the residence halls for a definite period of time, after which the student is eligible to return. Conditions for return may be specified.

(10) Residence hall expulsion permanent separation of a student from the residence halls.

(11) Residence hall reassignment reassignment to another university housing facility. Personnel in the office of residence life will decide on the reassignment details.

(12) Educational sanctions work assignments, service to the university, classes, workshops, papers, or other related educational assignments.

(13) Restrictions and loss of privileges specific limitations or exceptions may be granted by the dean of students or designee and the terms of this sanction may include, but are not limited to, the following:

(a) Ineligibility to hold any office in any recognized student organization or student group or hold an elected or appointed office at the university; or

(b) Ineligibility to represent the university to anyone outside the university community in any way including: participating in the study abroad program, attending conferences, or representing the university at an official function, event, or intercollegiate competition as a player, manager, or student coach, etc.

(c) Denial or restriction of access to certain facilities or of other privileges for a designated period of time.

(14) Restitution compensation for loss, damage, or injury. This may take the form of appropriate service and/or monetary or material replacement.

(15) Confiscation of prohibited property items whose presence is in violation of university policy will be confiscated and will become the property of the university. Prohibited items may be returned to the owner at the discretion of the conduct administrator or hearing chair and/or BGSU police.

(16) Parental notification yhe university reserves the right to notify parents/guardians of dependent students regarding any conduct situation, particularly alcohol and other drug violations. The university may also notify parents/guardians of non-dependent students of drug violations and alcohol violations. Parental notification may also be utilized discretionarily by administrators when permitted by FERPA or consent of the student.

(17) Additional or alternate sanctions may be created or designed as deemed appropriate to the offense with the approval of the dean of students or designee.

(18) The following are additional sanctions that may be imposed on any recognized student organization or student group found in violation of the code:

(a) Loss of status as a recognized student organization for a defined period of time or permanently. The office of student engagement shall notify any national or regional governing body with which the recognized student organization is associated or that sponsors social, academic, or sports events when such action is taken.

(b) Loss or withdrawal of all student general fee dollars or other university funding for the remainder of the academic year.

(c) Loss of small-group housing privileges at BGSU for a defined period of time or permanently.

(19) Multiple sanctions may be imposed for any single violation.

(20) A students, recognized student organizations, or student groups prior student conduct history may be a factor in decisions regarding sanctions.

(21) Failure to complete sanctions or attend a code of student conduct meeting may result in a university hold being placed on a students ability to register for subsequent semesters or change a class schedule as well as the university may withhold the conferring of a degree.

(R) Disposition and sanctions for student groups

The conduct administrator will determine if a student group violated the code by a preponderance of the evidence after having investigated a report of alleged misconduct. If a student group is found responsible for violating the code, the dean of students and the divisional or unit leader (i.e., dean or vice president) will determine the appropriate sanction(s), and that decision is final and unreviewable.

(S) Appeals

(1) Right to appeal

A respondent may appeal the sanction(s) imposed by a conduct administrator (informal disposition) or the decision rendered by the hearing chair or administrative review officer (formal disposition).

(2) Grounds for appeal

(a) A procedural or substantive error occurred that significantly impacted the outcome of the hearing (e.g., substantiated bias, material deviation from established procedures);

(b) To consider new evidence, unavailable during the original hearing or investigation, that could substantially impact the original finding or sanction. A summary of this new evidence and its potential impact must be included; and/or

(c) The sanctions imposed are substantially disproportionate to the severity of the violations.

(3) Appeal of informal disposition

Appeals shall be made to the dean of students or designee within five days of the date that the respondent was emailed the sanction notification letter rendered by the conduct administrator. The appeal shall be in writing and is limited to the sanctions imposed are substantially disproportionate to the severity of the violations. The decision of the dean of students or designee is final.

(4) Appeal of formal disposition

Appeals shall be made to the dean of students or designee within five days of the date that the respondent was emailed the outcome of the formal disposition process as determined by the hearing chair. The appeal shall be in writing, stating the ground(s) for appeal. The decision of the dean of students or designee is final.

(5) Appeal proceedings

(a) An appeal is confined to the criteria set in this code.

(b) No appeal may be taken when disciplinary action is not imposed.

(c) An appeal shall be made to the dean of students or designee within five days of the date that the respondent was emailed the outcome of the formal disposition process as determined by the hearing chair. The appeal shall be in writing, stating the ground(s) for appeal. The decision of the dean of students or designee is final.

(d) The written appeal and the supporting documents will be reviewed in determining the outcome.

(e) There will typically be no oral argument before the appeal officer. However, the appeal officer may choose to meet with the respondent before determining the outcome.

(6) Potential appeal outcomes

(a) Uphold, modify, or eliminate the original sanction(s) in both the informal and formal disposition processes;

(b) Dismiss the case or individual charge(s) against the student or recognized student organization in the formal disposition process; or

(c) Order a new hearing or remand the matter to the original hearing authority, as appropriate. This process may include a new finding on responsibility and, if applicable, sanctions.

(T) Implementation of sanction(s)

Sanctions are effective immediately upon notice. Upon submission of appeal, sanctions will be held in abeyance until the appeal process has been exhausted. New deadlines may be reassigned as necessary. The dean of students or designee may impose interim measures during the appeal process to ensure the safety and well-being of members of the university community or preservation of university property.

(U) Conduct records

Other than suspension and expulsion, conduct sanctions shall not be made part of the students permanent academic record, but shall become part of the students conduct record. All incidents involving the imposition of sanctions other than suspension, expulsion, and/or loss of status as a recognized student organization shall be removed from the students, recognized student organizations, or student groups conduct record seven years from the year in which the offense occurred. Incidents involving the imposition of suspension, expulsion, and loss of status as a recognized student organization shall remain permanently on a students, recognized student organizations, or student groups conduct record.

(V) Refund policy

In the event of a suspension, expulsion, residence hall suspension, or residence hall expulsion, the university will follow the regular tuition refund schedule outlined by the office of registration and records. In the case of a student residing on campus, the university will follow the regular refund schedule outlined by the office of residence life.

(W) Code of student conduct interpretation and review

(1) Staff within the office of the dean of students may develop procedural rules for the administration of hearings that are consistent with provisions of this code. Material deviation from university rules will, generally, only be made as necessary and will include reasonable notice to the parties involved, either by posting online and/or in the form of written communication. The hearing chair may vary procedures with notice upon determining that changes to law or regulation require policy or procedural alterations not reflected in this code. The hearing chair may make minor modifications to procedure that do not materially jeopardize the fairness of the process for any party. Any question of interpretation of the code will be referred to the dean of students, whose interpretation is final.

(2) The code shall be reviewed annually under the direction of the dean of students or designee. In addition, the student affairs advisory committee shall conduct an annual review of the code and make recommendations to the provost and senior vice president for academic and student affairs or designee regarding omissions, clarifications, constructive changes, and other matters germane to the proper interpretation and operation of the code. Questions of interpretation regarding the code or student handbook shall be referred to the office of the dean of students. In keeping with normal university policy approval processes, the code and student handbook may, at the sole discretion of the university, be amended at any time.

Last updated September 7, 2021 at 8:15 AM

Supplemental Information

Authorized By: 3345
Amplifies: 3345
Prior Effective Dates: 3/12/2015
Rule 3341-2-29 | Residential maintenance.
 

(A) Policy statement and purpose

The purpose is to articulate to students living in on campus housing how they will be assessed for damage done to university property as well as how trash must be disposed of.

(B) Policy

(1) Damage

Damage may lead to curtailment of services, loss of ability to make repairs and/or increased room rates. The actions of individual residents have a profound impact on the community as a whole. In light of this, the university has established the following measures of accountability for damage incurred to university residences.

(a) Room occupants are required to complete and/or review a room inventory form at check in. The room inventory form should be completed and checked for accuracy as it will be used to assess the condition of the room during or after the checkout process. The cost of repair or replacement of university property damaged since the completion of the inventory form will be charged to the room resident(s). Room furnishings must be in their proper location at checkout.

(b) Students are expected to behave in a manner that is respectful of the environment in which they live and which reduces the risk of damage occurring.

(c) Damage may be classified as either accidental or malicious. Accidental damage is damage occurring through unintentional, chance happenings. Malicious damage is damage occurring through intentional happenings, happenings related to alcohol use, or through disruptive behavior resulting in damage. Damage includes any occurrence which necessitates surplus and/or unreasonable custodial and/or maintenance services.

(d) While students are liable for all damages to university residences resulting from negligence, vandalism, accidents or misusein the case of malicious damage, disciplinary action, as well as financial restitution, may be initiated.

(2) Damages in student rooms/suites/apartments

Charges for damage to individual student rooms or for suites/apartments will be the responsibility of:

(a) The student who accepts responsibility or is found to be responsible for the damage or,

(b) The residents of a room/suite/apartment where the damage occurred.

(3) Common area damages

A common area is defined as any space other than individual student rooms/suites/apartments (hallways, stairwells, elevators, lounges, kitchens, bathrooms, lobby areas, etc.). Charges for damage to common areas in a university residence may be the responsibility of:

(a) Any individual who accepts responsibility or is found to be responsible for the damage or,

(b) All the residents of the particular wing, floor or building where the damage occurs. The supervisor of the residence, in conjunction with the residence hall council, facilities, custodial staff and building maintenance staff, will determine the appropriate action to be taken related to common area damages.

(4) Replacement cost for damage or loss

It may be necessary to bill students for damages, misuse or loss of items. A complete list of approximate costs associated with replacement or repair of items will be housed online on the residence life website. These costs are subject to change.

(5) Use and misuse of equipment or property

Expectations and standards for behavior in university residence communities are outlined in these community living standards. When resident behavior does not meet these standards, residence staff will address the behavior with the resident. When appropriate, staff will provide notice to residents on misuse of equipment or property and residents will be given the opportunity to rectify the situation prior to fees being assessed. Charges for items vary depending on the scope of the loss, damage or mess. The amount to be charged to the resident is determined by the supervisor of the residence in conjunction with custodial and maintenance personnel.

(6) Maintenance requests

Concerns regarding maintenance or custodial conditions in your residence and maintenance reports for your room should be submitted online by going to the "forms and resources" section of the residence life website. Should you experience problems with this reporting procedure, or to report damages in common area space, contact the front desk in the residence halls or the house director in the small-group living units. If a requested repair is not completed within seven days; please contact the supervisor of the residence to follow up on the status of your request.

(7) Recycling

Bowling Green state university supports and encourages students to participate in the recycling of glass, aluminum cans, plastic bottles, office paper and newspapers. Every room has a recycling container which can be used to take the items to designated recycling areas located on each floor and in lobby areas. Trash, and other items unsuitable for recycling (including used pizza boxes), must not be placed in recycling containers.

(8) Trash

In university residences, with the exception of Falcon Heights and Centennial halls, trash must be removed by the student from the building and placed in the dumpsters provided. Trash may not be taken to or left in the lounges, outside building doors, restrooms, recycling areas, containers or hallways. Failure to remove trash properly may result in disciplinary action or improper checkout charges when moving out of the room. Students who live in Falcon Heights and Centennial halls should dispose of room trash by utilizing the trash chutes found on each floor.

Supplemental Information

Authorized By: 3345
Amplifies: 3345
Prior Effective Dates: 3/12/2015
Rule 3341-2-30 | Residential network responsible use.
 

(A) Policy statement and purpose

The purpose is to articulate to students living in on campus housing and/or using a residential computer lab the appropriate uses of the university network and the physical lab.

(B) Policy

It is the responsibility of residents to use residential computing facilities and services in compliance with university, city, county, state, and federal laws and regulations. Violation of policies governing the use of residential computing resources may result in the suspension of network or lab use privileges, or other disciplinary action by the university. In an effort to ensure proper use of facilities and services, the following rules are in place to promote responsible use of the residential computing network.

(1) Residential computing network services and wiring may not be modified or extended beyond the area of their intended use. This applies to all network wiring, wireless, hardware and data jacks.

(2) The residential network (in-room connections or computer lab connections) may not be used to provide Internet access to anyone outside of the university community for any purposes other than those that are in direct support of the academic mission of the university.

(3) Residents utilizing in-room ethernet connections will receive a network address for their computer. Use of a network address other than the one assigned may cause network problems and is prohibited.

(4) The residential network is a shared resource. Thus, network use or application use which inhibits or interferes with the use of the network by others is not permitted. For example, applications which use an unusually high portion of the bandwidth for extended periods of time, thus inhibiting the use of the network by others, are not permitted. Residential computing reserves the right to terminate any in-room or cluster computer connection without notice should it be determined that network traffic generated from that connection drastically inhibits or interferes with the use of the network by others.

(C) Computer lab responsible use policy

The residential computer labs are provided as work environments for students and members of the residential community. The primary use of these resources is for academic related work. All other uses are considered secondary.

(1) During the academic year, residential computing resources are for use of the on-campus student population. The only exceptions to this policy are used by residential computing staff, and use by university faculty and staff for presenting classes or seminars to on-campus students.

(2) Academic work by students takes precedence over all other uses of the lab computers (such as games, non-academic e-mail, non-academic Internet browsing, etc.). When the lab is full and other residents are waiting to use a lab computer, non-academic use is prohibited.

(3) Printing to lab printers is limited to academic work and to single copies of the material.

(4) Usage of the lab is governed by the community living standards (for example, quiet hours) and by any specific lab rules approved and posted by residential computing.

(5) Anyone whose use of the computer lab hampers, endangers or otherwise disrupts other students use of the computer lab may be asked to leave by residential computing staff.

(6) Anyone who is using a computer to display material that is offensive to other members of the community may be requested to move to another computer.

(7) Accessibility to a residential computing lab when staff are not present is conditional upon responsible use. Residential computing labs operate with a base number of hours with staff present. Labs may also operate without staff present for extended access hours. Continuation of extended access hours is conditional upon:

(a) No theft of equipment or residential computing materials.

(b) No damage to the lab or any items in the lab.

(c) No tampering with security systems, computer software, etc.

(d) No abuse of the lab or of posted lab rules.

(D) Possession of food and drink, and the use of all tobacco products, including smokeless tobacco, is prohibited in residential computing labs.

November 1, 2013

Supplemental Information

Authorized By: 3345
Amplifies: 3345
Rule 3341-2-32 | Room checkout.
 

(A) Policy statement and purpose

The purpose is to articulate to students living in on campus housing what they are responsible for when they check out of their on-campus residence.

(B) Policy

Students are responsible for returning their room key and personal entry devices (PED) upon checkout. When checking out of a room/suite/apartment at the end of the semester or at any time during the semester, the resident will follow the check-out procedures available at the residence hall front desk or from the supervisor of the residence. The resident is responsible for properly completing the check-out procedures and leaving the room/ suite/apartment clean, including vacuuming and dusting. A student who fails to check out of his/her residence by the deadline/closing date and time may be subject to a late checkout charge. Abandoned items will be disposed of or donated. Hall staff will generally attempt to store abandoned items as lost property for up to one week, depending on available space.

November 1, 2013

Supplemental Information

Authorized By: 3345
Amplifies: 3345
Rule 3341-2-33 | Room entry.
 

(A) Policy statement and purpose

The purpose is to articulate to students living in on campus housing under what circumstances staff may and will enter a students on-campus residence.

(B) Policy

Residents are expected to treat all residence hall common spaces and individual rooms/suites/apartments with respect and care and may be held accountable for damages, other than normal wear and tear, found in the room/suite/apartments. In order to protect the health and safety of all residents, it is expected that all rooms/suites/apartments be kept at an acceptable level of cleanliness.

(C) Room entry

University officials, including office of residence life and capstone management staff members, are authorized to enter, search and/or inspect student rooms, suites, apartments and public rooms in the residence halls and small group living units. There are three occasions when room entry may be necessary:

(1) Room inspections

Routine and mandated inspections may be necessary to verify the following: acceptable standards of safety and hygiene, observance of university residence policies and procedures, university regulations and requirements of public law, and maintenance and repair of equipment. The time and date for building inspections will be posted twenty-four hours in advance.

(2) Room searches

Searches of student rooms by university officials shall be authorized and conducted under one or more of the following conditions:

(a) By the consent of the occupants of the room.

(b) By warrant issued by an appropriate legal body/agent.

(c) Upon reasonable cause to believe that there is a violation of the code of student conduct, the Ohio Revised Code, or the community living standards.

(3) Performance of duty

University officials reserve the right to enter a student room/suite/ apartment, locked or unlocked, at any time it is deemed necessary for immediate resolution of policy violations, addressing disruptive behavior, maintenance problems, illness, hazards and other similar emergencies or potential crises.

November 1, 2013

Supplemental Information

Authorized By: 3345
Amplifies: 3345
Rule 3341-2-35 | Student organization allocation board policy.
 

(A) Policy statement and purpose

The purpose is to articulate how registered student organizations may request funding for programming, operating expenses and/or travel, as well as how to appeal funding request decisions and apply for funding requirement exemptions.

(B) Policy

(1) Philosophy

The student organization allocation board (SOAB) policy aligns with the universitys mission, vision, core values, and strategic plan. The policy outlines the process whereby the university allocates monetary and other resources to recognized student organizations (RSOs) so they can provide programs and activities that enhance the co-curricular education of the entire BGSU student body.

(2) Membership

The SOAB is comprised of staff and student representatives appointed by the president, provost and senior vice president for academic affairs, vice president for student affairs and vice provost, and/or their designee(s). The undergraduate student government (USG) and graduate student senate (GSS) are responsible for recommending the appointments of student board members.

(3) Guidelines

Three funding categories differentiate among types of requests programming/events, travel (i.e., educational and competitive), and operating. All requests are categorized into one of these three areas.

All requests must adhere to these requirements:

(a) The university's mission, vision, core values, and strategic plan will serve as the philosophical base when deciding the allocation of funds and resources.

(b) Funds and resources must be used to support programs and activities that are open to all students regardless of a specific race, sex, sexual orientation, gender identity, gender expression, color, national origin, ancestry, genetic information, pregnancy, religion, age, marital status, disability, or status as a veteran.

(c) Funds and resources must be used to support programs and activities that are free to all students. RSOs may only charge students a fee to participate in a program or activity funded by the SOAB if they request and are granted approval when applying for funding. Any proceeds from these programs or activities (including but not limited to ticket sales, entry fees, participant fees and sponsorships) must be put toward the cost of the event or returned to the SOAB.

(d) RSOs designated as social fraternal organizations are only eligible to apply for programming/events funds.

(e) Funds may not be used to support programs or activities for which academic credit is awarded.

(f) Funds and resources cannot be used for scholarships, grants, gifts, prizes, awards, donations, financial aid, legal services, prohibited political activities, sponsorship of elections, or items prohibited by state law and/or university policy.

(g) Funds may not be used to reimburse expenses incurred prior to receiving funding approval from the SOAB.

(h) All RSOs will be audited regularly by campus activities. The audits will be made available for the SOAB to review prior to the semester funding process.

(i) Spot audits may also occur as deemed necessary by campus activities.

(ii) If the audit indicates problems or irregularities, funds and resources may be frozen as deemed necessary by campus activities.

(i) All university-allocated funds will be swept from RSO accounts at the end of each semester. This does not apply to revenue funds and/or foundation account monies.

(j) RSOs must use funds and resources in accordance with all university policies and may be required to utilize preferred vendors and/or contracted suppliers when expending funds.

(k) RSOs may not use funds to contract with individuals/entities, excluding currently enrolled Bowling Green state university students, in a way that would create an employment relationship. Accordingly, all service providers must follow the universitys policies and meet criteria as an independent contractor. For more information, visit http://www.bgsu.edu/financeandadministration/controller/independent-contractor.html.

(l) RSOs that receive funding must reconcile all transactions and complete a post-assessment within thirty days following the program/event, return from travel, and/or operational purchase. Failure to complete these steps may impact future eligibility for funding and/or resources.

(m) Funds must be used for the express purpose that they are allocated for unless the RSO submits and is approved for a budget modification in advance by the board.

(n) Any funds that are not used for their expressly approved purpose will be released from the organizations treasury and returned following the program/event, return from travel, and/or operational purchase.

(o) RSOs shall maintain all funds, including fundraising dollars, in their university account and are not permitted to have off-campus bank accounts. RSOs designated as social fraternal organizations are exempted from this requirement.

(4) Requests

RSOs may request funding and/or resources from the SOAB. Only RSOs that are in good standing with the university as well as whose presidents, treasurers, and advisors have completed their respective training(s) and may receive funding and/or resources. These funds/resources are intended to support RSO programs and activities but not to fully fund organizations.

RSOs are not guaranteed funding or resources. Allocations for an organization will be based upon the SOABs evaluation of the RSOs request, available funds and/or resources, and information gathered during financial consultations and/or audits.

(a) Semester allocations process

The semester allocation process is only available to RSOs that have been recognized at BGSU for two or more consecutive years. The application process occurs in the spring semester to allocate funds that are available to expend the following July first to December thirty-first and in the fall semester to allocate funds that are available to expend the following January first to June thirtieth to student organizations that meet all requirements as stated in the allocation.

(b) Special allocations process

The special allocation process occurs periodically throughout the academic year. This process is open to:

(i) RSOs that have been recognized at BGSU for less than two consecutive years.

(ii) RSOs that received SOAB funding for programs and/or activities that incur additional unexpected costs that are not the result of fiscal irresponsibility.

(iii) Initiatives that did not receive semester funding from the SOAB, given that these funds are used in a manner consistent with the funding policy.

(c) Programming/event funds

Programming/event funds are awarded to support programs/events that enhance the educational, cultural, and social experience of BGSU students. Activities must open for participation by the entire student body and must directly assist the organization in achieving its mission as it aligns with the university mission, vision, values, and strategic plan. Funding applications may be submitted as part of the semester allocation process or the special allocation process, but RSOs may not submit for the same program/event to both processes except as previously noted.

Programming/event funds may be utilized within the following limitations:

(i) One thousand dollars maximum for food per event and all food must be purchased from BGSU dining.

(ii) BGSU employees may not be compensated for speaking engagements, consultations and training, nor may they receive payment for performing services that are considered to be within the scope of their BGSU employment.

(iii) RSOs may not compensate their advisor or coach for services.

(iv) RSOs requesting two thousand five hundred dollars or greater must meet with a member of the campus activities staff to review the details of the request prior to submission.

(d) Travel funds

Travel funds are awarded to support expenses that directly assist the organization in achieving its mission as it aligns with the university mission, vision, values, and strategic plan. Travel includes conferences, training sessions, competitions, and other off-campus events outside the city of Bowling Green, Ohio. Travel funds must be spent in compliance with the BGSU travel policy.

Travel funds for RSOs are divided into two subcategories: educational travel and competitive travel. Funding applications may be submitted as part of the semester allocation process or special allocation process, but organizations may not submit for the same expenses to both processes except as previously noted.

Travel funds to support participation in tournaments or competitions that require qualification may be requested only after the organization has qualified.

(i) Travel funds may only be used to cover the following costs in priority order:

(a) Registration and/or entry fees;

(b) Lodging; and

(c) Transportation note, some methods of transportation may require the use of university preferred vendors/contracted suppliers.

(ii) Travel funds cannot be used to cover the costs of:

(a) Food;

(b) Individual conference travel for students pursuing professional development;

(c) Advisor travel unless prescribed by BGSU travel policy; and/or

(d) Mileage reimbursement.

(e) Operating funds

The SOAB makes available a limited amount of funds annually to organizations to support day-to-day expenses that directly assist the organization in achieving its mission as it aligns with the university mission, vision, values, and strategic plan. Applications for operating funds will be accepted and processed starting on August first of each year. Operating funds are limited to five hundred dollars annually per RSO and are awarded on a first-come basis until funds runs out for the fiscal year or through April first, whichever comes first.

Operating funds may be utilized within the following limitations:

(i) No funds may be used for salaries, stipends or wages.

(ii) No funds may be used for personal computer purchases.

(iii) No funds may be used for disposable or one-time-use materials.

(5) Exempted recognized student organizations

Undergraduate student government, university activities organization, and the homecoming student steering committee may apply to the chair of the SOAB for funding on an annual basis. Applications must be submitted annually by March first in the form of a written letter and should outline the amount requested by category of funding.

If the organization wishes to carry forward unused funds into the next fiscal year, a written request must be submitted to the chair of the SOAB annually by June first. The request must outline the amount being requested for carry forward and how the funds will be utilized.

Decisions of the chair of the SOAB may be appealed to the dean of students. The decision of the dean of students is final.

(6) Policy exemptions

RSOs may appeal to the dean of students, or designee, for exemption from specified parts of this policy if it prevents an organization from accomplishing its mission as it aligns with the university mission, vision, values, and strategic plan. An exemption request must be made in writing prior to submitting the associated funding application. The SOAB will review a funding application with a policy exemption only if the exemption has been granted in advance.

(7) Appeals

SOAB decisions may be appealed to the dean of students, or designee, and must be submitted in writing to the office of the dean of students within five business days of the decision being sent to the organization.

Appeals will be reviewed by the dean of students, or designee, who can elect to:

(a) Return the application to the SOAB for additional review;

(b) Allocate funding and/or;

(c) Deny the appeal.

The decision of the dean of students, or designee, is final.

Supplemental Information

Authorized By: 3345
Amplifies: 3345
Rule 3341-2-36 | Student organization.
 

(A) Policy statement and purpose

This policy outlines how students may register an organization, the appeal process if a proposed organization is initially denied registration, under what circumstances registration may be withdrawn, and memberships, financial responsibility, advisor and meeting requirements.

(B) Policy

Student organizations are an important link in the co-curricular activities of Bowling Green state university. They should contribute to the personal development and enjoyment of their members within the context of the broader teaching, research and service missions of Bowling Green state university. Any student group wishing to take advantage of privileges granted by Bowling Green state university must register with the office of campus activities. Students interested in registering a student organization should contact the office of campus activities, 401 Bowen-Thompson student union, for specific information on the registration process. All groups which meet university requirements for student organizations will be permitted to register. The division of student affairs is committed to providing support and assistance to all student organizations properly registered with the university. The initial step in receiving this support is the completion of the annual registration process. Registrations expire annually on June thirtieth unless new registration material has been submitted to the office of campus activities.

(C) Student organization categories

(1) Academic affiliated - groups in this category are often linked to an academic program or administrative office in a formal manner. They are often affiliated with a specific major, field of study, or university function.

(2) Arts groups in this category have a primary mission of engaging in activities involving fine, liberal, visual, decorative, applied, design, craft, and performing arts.

(3) Cultural - groups in this category have a primary mission or purpose to raise cultural awareness, respect for diversity, or foster a sense of community.

(4) Governing - groups in this category have been recognized by the university as serving to coordinate the endeavors of other registered organizations. These organizations are ineligible for funding from the student budget committee.

(5) Honorary - groups in this category have been recognized by the university honors and awards committee as an approved BGSU honorary. These organizations recognize excellence in areas including leadership, service, or scholastic achievement.

(6) Political/social issues - groups in this category serve to raise awareness and engagement around topics of a political issue, affiliation, or cause. These groups encourage voter education and activism on campus.

(7) Professional/career groups in this category help students advance knowledge and skills associated with a particular career, job, or trade.

(8) Recreational groups in this category provide an outlet for students to engage in leisure activities.

(9) Residential - groups in this category support the on-campus residential student population through programming and advocacy. They are affiliated with the office of residence life in a formal manner. Residential organizations are ineligible for funding from the student budget committee.

(10) Philanthropic/service/volunteerism - groups in this category have a primary mission or purpose to collect and donate resources for humanitarian purposes, perform community service, or to coordinate volunteer opportunities.

(11) Service- groups in this category have a primary mission or purpose to perform community service or to coordinate volunteer opportunities.

(12) Social fraternity or sorority -The minimum number of members required for organizations within this category is defined within the greek standards of excellence. In addition, these groups are advised by staff from the office of campus activities and are not required to have a faculty or staff advisor. They are affiliated with an inter/national organization, must have tax-exempt status under Section 501(c) (7) of the Internal Revenue Code, and must limit membership to currently enrolled students at the university. Social fraternity and sorority organizations are ineligible for funding from the student budget committee. The U.S. department of education has established the following criteria for classification as a social fraternity or sorority:

(a) Organization does not limit membership to persons pursuing or having interest in a particular field of study, profession or academic discipline;

(b) Organization does not serve as an honorary society for academic, leadership, or any other endeavor; and

(c) Organization does not permit members to hold membership in other social sororities or fraternities.

(13) Special interest - groups in this category do not easily fit within the other defined categories. They are a formed by a group of students who share a common interest and a commitment to an articulated mission and purpose for the organization.

(14) Spiritual - groups in this category have a primary mission or purpose for religious or spiritual sharing, growth, or education.

(15) Sport club - groups in this category participate in athletic competitions, including organized practices and skill development. Membership is restricted to current BGSU students only. These groups are required to be affiliated with sports club programs in the department of recreation and wellness, and the groups primary advisory will be a staff member from that department. .

(D) Registration of student organizations

Registration is a means by which student organizations may receive standard privileges granted when certain minimum requirements are met; it does not imply university approval of the student organizations purpose, function or activities.

(1) Registration privileges

(a) Standard privileges are granted to all student organizations that complete the registration process. They include:

(i) Use of university facilities

Large event spaces and gymnasiums may carry additional fees

(ii) Opportunity to apply for university funds and pouring rights funding in accordance with university rules and regulations

(iii) Use of resources provided by the office of campus activities, including OrgSync

(iv) Inclusion in university publications, directories and distribution materials

(v) Ten per cent discount on selected catering through BGSU dining

(vi) An opportunity to participate in university organization fairs

(vii) Eligible for on-campus fund-raising activities

(viii) Opportunity to obtain student organization mailbox, office and/or storage space in the Bowen-Thompson student union

(2) Student organizations wishing to register with the university must submit the following information to the office of campus activities.

(a) Submit the appropriate registration files, including a list of the organizations officers as listed in its constitution, and a full-time member of the faculty or staff indicating his or her willingness to serve as advisor to the organization.

(b) Submit the full roster of the organizations membership. The organization must have at least ten university students as active members. Organizational membership may be composed of BGSU faculty and staff but a minimum of seventy five per cent of the membership must be comprised of BGSU students. Organizations that are unable to meet these minimum criteria will need to schedule a meeting with staff from the office of campus activities to create a recruitment plan

(c) Submit one copy of the organizations ratified constitution. A recommended format is available from the office of campus activities. Organizations should keep this document on file and must provide the office of campus activities with an updated copy each time the document is revised.

(d) Students wishing to start an organization may request organization privileges for thirty days to organize and meet the requirements for registration. The office of campus activities will provide advising support during this formation period.

(e) Student organizations wishing to register may be required to meet with staff from the office of campus activities to jointly develop a one-page written plan to assist the organization in its development. The plan may include, but is not limited to, attendance at workshops, completion of a recruitment action plan and participation in leadership training. The written plan must be on file with the office of campus activities in order for the organization to be in good standing.

(E) Denial of initial registration

If the office of campus activities determines that the organizations activities are detrimental to the educational mission of the university, registration may be denied. If registration is denied by the office of campus activities, the president and advisor of the applying organization shall be notified of the decision in writing. The applying organization may appeal in writing to the dean of students within five university working days from the date of the denial letter. The decision of the dean of students is final.

(F) Withdrawal/suspension registration

The registration of an organization may be withdrawn/suspended by the office of campus activities for non-compliance with policies pertaining to student organizations, the code of student conduct and other university regulations. The procedure for such withdrawal/suspension is:

(1) The primary contact for the organization and its faculty/staff advisor shall be notified in writing of the proposed action to withdraw/suspend registration, the effective date of this action and the reason(s) for the proposed action.

(2) The decision of the office of campus activities to withdraw/suspend registration from an organization may be appealed by the organization, in writing, to the dean of students within five university working days from the date of notification of withdrawal of registration. If an appeal is not filed within the time limit, the decision of the office of campus activities will be final.

(3) The decision of the dean of students is final.

(4) If a student organization loses official recognition from its national/international organization, it will also cease to be registered by the university; loss of university registration in this manner will be effective at least as long as the national/international suspension is in effect.

(G) Student organization requirements

(1) Membership in student organizations shall be open to students of BGSU without regard to race, sex, sexual orientation, gender identity, gender expression, color, national origin, ancestry, genetic information, pregnancy, religion, age, marital status, disability, or status as a veteran. Any grievance regarding alleged discrimination should be reported to the office of the dean of students, 301 Bowen-Thompson student union, 419-372-2843 or the office of equity and diversity, 140 McFall center, 419-372-8476.

(2) Designated social fraternal organizations are exempted by federal law from Title IX regulations concerning discrimination on the basis of sex.

(3) Student organizations are to make a reasonable effort to inform the university community of their membership criteria and processes, including membership application deadlines. Outreach efforts to groups that are typically underrepresented in student organizations should be made.

(4) Selection criteria must be relevant to the goals and objectives of the organization.

(5) Officers of student organizations must be full-time BGSU students, in good conduct standing, and maintain a minimum cumulative 2.25 GPA. The GPA required by their organizations local or national constitution may be higher than the universitys requirement, and the officers and advisors are expected to enforce such requirement. Officers are defined as elected or appointed members who carry official titles and responsibilities germane to the organization, including but not limited to titles such as: president, vice president, secretary, treasurer, chairperson, senator, etc. Appeals for exceptions to this policy may be made to the associate dean of students. The decision of the associate dean is final.

(6) Organizations may have as many officer roles as required by their organizations constitution but those roles must include a president and a treasurer (or titled roles which fulfill the duties of those two positions). The president and treasurer may not be the same person.

(H) Financial management and accountability

(1) Student organizations interested in requesting university funding or accessing funds in a university account are required to have their president and/or treasurer attend annually a treasurers training. The president and/or treasurer will understand and comply with university policies related to initiating contracts. Organizations may also complete an alternative plan approved by the office of campus activities prior to submitting a request for funding and/or accessing university funds. Expenses incurred on-campus (e.g., bookstore or BGSU dining charges) must be directly billed to the organization and submitted to the office of campus activities. All other expenses, including travel arrangements, must be submitted to the office of campus activities, and the staff will coordinate the payment process.

All funds allocated to the organization from university controlled sources must be maintained in a university account and spent in accordance with university policies and procedures.

(2) Pre-loaded debit cards

Registered student organizations with non-university allocated funds (i.e., agency or revenue dollars) in a university account may request one pre-loaded debit card. The use of debit cards must comply with all university policies and procedures. Each transaction must be reconciled with the office of campus activities. Failure to adhere to these expectations will result in the student organization forfeiting its right to have a debit card.

(3) Contracts

Authority to obligate the university by contract in all matters relating to registered student organizations lies solely with the division of student affairs. All contracts involving registered student organizations funds managed by the university must be submitted to the office of campus activities no later than four weeks prior to the event or contracted date, for signature by the vice president for student affairs (or designee) after approval from the universitys general counsel (if applicable). The vice president for student affairs (or designee) is the only person who can sign contracts for registered student organizations. This review is established for the protection of the organization, its officers and members, and the university. Some service providers may not be eligible for use by student organizations because of existing contractual relationships the university has with other vendors.

To expedite the contract review and signature process, all student organizations must use the approved performance/service agreement template provided by the office of campus activities. The vice president for student affairs (or designee) must pre-approve the use of any contract that differs from this template.

Note, to enter into any agreement, the office of campus activities requires that a student organization be able to financially cover the cost of any contract without relying on projected revenue (e.g., ticket sales). A student organization might consider co-sponsorship with another organization to secure needed funds.

(4) Independent contractors

Student organizations may not use funds to contract with individuals/entities, excluding currently enrolled Bowling Green state university students, in a way that would create an employment relationship. Accordingly, all individuals/entities must follow the universitys purchasing policies and meet criteria as an independent contractor. For more information, visit http://www.bgsu.edu/finance-and-administration/controller/independent-contractor.html.

(5) Organizations must maintain records of how their funds are generated and disbursed. This includes an account of the amount of funds, the methods by which funds are generated and expended, and an account of the amount and object of expenditures. Organizations are to keep receipts for moneys collected.

(6) The office of campus activities may request financial records from any registered student organization for the purpose of upholding the student budget committee policies, university rules and regulations, as well as state and federal laws.

(7) Organization members shall have the right to know how their money is being spent. The treasurer should keep detailed financial records and make them available to members, the advisor(s), office of campus activities, as well as local, state, and federal officials upon request.

(8) All records associated with university fund allocations and expenses are available for public inspection as required by state law.

(9) Organizations must pay all debts incurred in the name of the organization within sixty days.

(10) Student organizations are encouraged to work collaboratively and form partnerships with other student organizations and university departments. Student organizations may intentionally seek co-sponsorships from other organizations and/or departments; however, blanket solicitation is not permitted. Blanket solicitation includes sending out generic co-sponsorship letters to departments and organizations. Co-sponsorships are permitted when the student organization and/or department being asked for co-sponsorship has (a) a significant role in the planning of the event; (b) the program is identified as an annual department or organization goal or strategy, or (c) the mission complements the mission of the organization. When co-sponsoring an initiative with other organizations or departments, an official written agreement is highly encouraged. Such agreement should outline the terms of the collaboration as well as the expectations for all parties.

(11) Student organizations may not use funds to contract with individuals/entities in a way that would create an employment relationship. Accordingly, all individuals/entities must follow the universitys purchasing policies and meet criteria as independent contractor. For more information, visit http://www.bgsu.edu/finance-and-administration/controller/independent-contractor.html.

(I) Organization advisor

(1) All student organizations are required to have an advisor who is a full-time staff or faculty member at BGSU. Graduate students may not serve as primary advisors to student organizations.

(2) Within the context of the broader mission and policies of the university, advisors shall share insights and directions that allow student organizations to further their objectives and enhance the meaningfulness of organization membership.

(3) Specific responsibilities of the advisor shall be to: regularly attend general and executive board meetings; provide guidance to the officers; oversee all financial transactions of the organization; ensure that officers meet the minimum requirements for holding office as established by the university and the organizations constitution and by-laws; provide consultation concerning membership selection procedures, and responsibilities; review the organizations registration.

(J) Meetings and activities

(1) Each student organization and its members and officers are responsible for coordinating the activities of the group. This includes:

(2) Planning all programs and activities, including associated facilities and equipment rentals.

(3) Managing and accounting for all funds under the organizations account.

(4) In the case of sport clubs or groups that engage in physical activity, the group must make sure all rules and safety procedures are followed and in accordance with university policies. They must also obtain, maintain and inspect all necessary equipment, make sure all required training related to equipment usage is completed, and assure that prompt medical attention is available when necessary.

(5) No meetings or activities are permitted from five p.m. the Friday before each week of final exams through the end of the final exam period.

Supplemental Information

Authorized By: 3345
Amplifies: 3345
Rule 3341-2-37 | Student rights and responsibilities.
 

(A) Policy statement and purpose

The purpose is to articulate students rights and responsibilities provided and expected respectively.

(B) Policy

(1) Student rights: One of the concerns of Bowling Green state university is to provide each student with the opportunity to learn. Therefore, some personal freedoms and rights of students include, but are not limited to:

(a) Freedom of inquiry, speech and assembly.

(b) Freedom from threats.

(c) Freedom from acts of violence.

(d) Freedom from unfair or obscene treatment from others.

(e) Freedom from interference from others in an unreasonable and unauthorized manner while in class, activities and public events.

(f) Freedom from theft and willful destruction of personal property.

(g) Right to study and to learn in an atmosphere of academic freedom.

(h) Right to procedural due process in university conduct action.

(i) Right to be governed by justifiable academic regulations.

(j) Right to be informed of the regulations for academic and social conduct, and graduation requirements of the university.

(k) Right to petition for redress of grievances, academic and nonacademic.

(l) Right to be informed in writing of alleged violations of the code of student conduct.

(2) Student responsibilities: each student has the responsibility:

(a) To respect the rights and property of others.

(b) To be fully acquainted and comply with the published rules and regulations of the university.

(c) To comply with all local, state and federal laws.

(d) To recognize that student actions reflect upon the individuals involved as well as upon the entire university community.

(e) To recognize the universitys obligation to provide an environment conducive for learning and academic inquiry.

(f) To adhere to the academic requirements determined by individual instructors.

November 1, 2013

Supplemental Information

Authorized By: 3345
Amplifies: 3345
Rule 3341-2-38 | Student travel.
 

(A) Policy statement and purpose

The Bowling Green state university (BGSU) student travel policy is designed to ensure that university departments, recognized student organizations, and individual travelers adequately consider and plan for the safety issues associated with an event, activity, and/or class involving travel. This policy establishes guidelines for university sponsored travel involving students.

(B) Policy

(1) This policy applies to enrolled undergraduate and graduate student domestic and international travel to an event, activity, and/or class that occurs beyond fifty miles from the BGSU or Firelands campus or that includes an overnight stay.

This policy applies to all travel organized and/or sponsored by BGSU, whether required for academic credit or not, including trips that are:

(a) Organized or sponsored by recognized student organizations;

(b) Organized or sponsored by university departments;

(c) Required for a course, including course-related field trips; and/or

(d) Fully or partially funded by, or in the name of, BGSU.

(2) This policy does not apply to trips that are:

(a) Regulated under NCAA rules and regulations concerning student athletics travel;

(b) Students completing flight hours as part of the aviation studies program;

(c) Travel undertaken by students for the purposes of vacation or pleasure;

(d) Travel undertaken by students to attend athletics and/or other events as spectators; and/or

(e) Domestic travel related to expectations for students engaged in student-teaching, internships, practicums, co-ops, observations or research, unless the research/observation is organized by a member of the faculty.

(C) Definitions

(1) The term "student" means all persons who are registered for classes, or otherwise entered into any other contractual relationship with the university to take instruction. This includes, but is not limited to all individuals (e.g., undergraduate and graduate) taking classes in person or through distance learning whether on a part-time or full- time basis.

(2) The term "recognized student organization" means any student organization whose registration has been approved by the office of the dean of students.

(3) The term "organized event" means an activity initiated or arranged by a BGSU employee or recognized student organization and that is approved by an appropriate administrator.

(4) The term "sponsored event" means an activity endorsed by BGSU through financial support or by sending students to participate as official representatives of the university.

(5) The term "domestic travel" means any trip or travel within any of the fifty states of the United States, the District of Columbia, as well as U.S. territories and possessions and Puerto Rico.

(6) The term "international travel" means any trip or travel outside of the fifty states of the United States, the District of Columbia, as well as U.S. territories and possessions and Puerto Rico.

(7) The term "overnight stay" means any trip where participants stay in accommodations that are not owned/operated by BGSU.

(8) The term(s) "registration" and/or "registered" refer(s) to the electronic submission of required information, which will be accessible to appropriate university representatives.

(D) Requirements

(1) Domestic travel

(a) Travel must be consistent with the mission of the university, as well as the mission and goals of the sponsoring department or recognized student organization.

(b) Travel must be registered with the office of the dean of students at least two weeks prior to departure.

(c) Students must comply with standards set forth in the BGSU code of student conduct and other university policies and procedures, as well as all applicable laws.

(d) All travel methods must comply with university policies and procedures concerning vehicle use and driver approval as outlined on the risk management website.

(e) Travelers must complete the release, waiver, and agreement not to sue form, when applicable, as defined on the risk management website along with any other university or departmental requirements prior to departure.

(f) Faculty and staff as well as students acting in their official capacity as university employees shall not share overnight accommodations with student participants while traveling.

(g) Faculty and staff as well as students acting in their official capacity as university employees are strongly discouraged from consuming alcohol while traveling with student participants.

(h) Eligible travel reimbursements must follow university guidelines.

(2) International travel

(a) Education abroad credit-bearing international travel must have prior approval from international programs and partnerships. Students must adhere to the education abroad pre-departure handbook.

(b) Recognized student organizations international non-credit travel must have prior approval from campus activities.

(c) University-sponsored individual student international travel must be registered with the international travel registry on the international programs and partnerships website.

(E) Procedures

(1) Domestic travel

(a) Departure time(s) and location(s) for each leg of the trip from the time of departure until the return to campus.

(b) Transportation plans, including airline, bus, and/or any other mode(s) of travel.

(c) Lodging information, including the address, phone number, and duration of stay at each facility.

(d) A list of all trip participants, including names and BGSU ID numbers.

(e) Name and phone number for the trip organizer/responsible university employee(s).

(2) International travel

(a) Credit-bearing education abroad student travel must be coordinated through international programs and partnerships.

(b) Recognized student organization international non-credit travel must be coordinated through campus activities.

(c) University-sponsored individual student international travel must be registered with the international travel registry on the international programs and partnerships website.

(F) Incident reporting

Always seek emergency assistance (e.g., calling 911) first, if applicable. If an incident (e.g., accident/injury/illness or participant misconduct, including sexual assault/harassment/stalking/intimate partner violence), takes place during travel, the incident must be promptly reported to the university. Notify the BGSU university police department at (419) 372-2346 any time day or night to be connected with the appropriate university official(s).

International education abroad travel must adhere to the guidelines in the education abroad emergency handbook. Some situations may necessitate that the designated trip coordinator remain onsite if a student experiences a critical incident that restricts travel (e.g., a medical emergency). Such determination will be made in consultation with appropriate university officials after the incident has been reported.

(G) Noncompliance

Failure to adhere to this policy may result in disciplinary action via the code of student conduct for students or in accordance with university policy, procedure, or collective bargaining agreement applicable to the university employee.

Supplemental Information

Authorized By: 3345
Amplifies: 3345
Prior Effective Dates: 3/12/2015, 10/2/2018
Rule 3341-2-40 | Student organizations contracting.
 

(A) Policy statement and purpose

This policy sets forth the rules and processes student organizations must follow before a valid contract can be executed.

(B) Policy

Neither students nor student organizations have any authority to obligate the university to a contract.

For contracts relating to registered student organizations, only the vice president for student affairs (or designee) has the authority to execute an enforceable contract.

Students shall not participate in forming contracts with entities in which the student or the students immediate family has an ownership interest.

University employees may not enter into an agreement with student organizations for compensation.

All contracts, other than p-card purchases, by registered student organization activities must be submitted to the office of campus activities no later than four weeks prior to the effective date of the contract. Contracts submitted within four weeks or less of the performance date may not be approved.

Existing university contractual relationships may result in the denial of contract approval.

The contract will be reviewed by the office of the general counsel pursuant to university policy. If approved by the office of the general counsel, the agreement may be then signed by the vice president for student affairs (or designee).

Only the vice president for student affairs (or designee) has the authority to bind the university or the student organization to an agreement involving a student organization.

A student organization submitting a contract for approval must have sufficient funds on deposit in its university account to pay for the goods or services specified in the contract. A student organization may not rely on revenue to be derived from the event (e.g., ticket sales) to pay contract obligations. A student organization can satisfy the financial resources requirement by co-sponsoring the event with another organization.

A contract signed by a student on behalf of a student organization is not binding on the university or the student organization. A student signing a contract risks being held personally responsible for that contract.

(1) Performance/service agreements

Agreements for performances or services, whether live or otherwise, must be submitted on the performance/service agreement contract form that is provided by the office of campus activities. Other contract forms may be rejected at the sole discretion of the vice president for student affairs (or designee). Approval of alternative contract forms is at the discretion of the vice president for student affairs (or designee) and the office of the general counsel.

Contract approval may be withheld until the vendor or other service contractor has completed all forms required by BGSU purchasing. These forms include, but may not be limited to:

(a) Domestic vendor form. (service contractors located within the United States)

(b) Foreign vendor form. (service contractors located outside the United States)

(c) All individuals who are not current BGSU students and all limited liability corporations must also complete the OPERS independent contractor form.

These forms are located on the university purchasing website http://www.bgsu.edu/purchasing/vendor-data-forms.html.

Supplemental Information

Authorized By: 3345
Amplifies: 3345
Rule 3341-2-41 | Title IX sexual harassment policy and procedures.
 

(A) Policy statement and purpose

Bowling Green state university (BGSU) prohibits sexual harassment and the crimes of domestic violence, dating violence, sexual assault and stalking (as defined by the Clery Act) and reaffirms its commitment to build a welcoming, safe and diverse environment. Toward that end, BGSU issues this statement of policy to inform the campus community of our programs to address sexual harassment, domestic violence, dating violence, sexual assault and stalking as well as the procedures for institutional disciplinary action in cases of alleged sexual harassment, dating violence, domestic violence, sexual assault, or stalking, when it is reported to a university official.

BGSU is committed to providing an environment where all members of the university community may pursue their employment or studies free from discrimination. All members of the university community have a responsibility to create and maintain an environment free from discrimination and harassment.

BGSU does not discriminate on the basis of sex in any of its education, employment, or service activities. BGSU prohibits sexual harassment, sexual assault, domestic violence, dating violence, stalking, retaliation, and violation of mutual restrictions on contact between the parties (collectively, "prohibited conduct.")

BGSU has adopted this policy to express its commitment to: prevent prohibited conduct and address its effects should it occur; restore or preserve equal access to the universitys education programs and activities; support individuals who report incidents of possible prohibited conduct and those affected by it; and provide a fair and impartial process for all parties when an incident is reported.

This policy establishes procedures and standards by which reported incidents of prohibited conduct will be received, investigated, evaluated and, when warranted, the manner in which sanctions will be imposed. It describes how BGSU will proceed, once possible prohibited conduct has been reported, consistent with our duties under state and federal laws, including, but not limited to, Title IX, the Clery Act, the Violence Against Women Act (VAWA), and related regulations.

(B) Policy scope

(1) This policy applies to BGSU students and employees in a BGSU education program or activity. This policy also designates "mandatory reporters" and specifies the duties applicable to those faculty, staff, and volunteers.

(2) BGSU has jurisdiction under this policy whenever the prohibited conduct occurs on campus or in any building owned or controlled by a registered student organization.

(3) BGSU also has jurisdiction when prohibited conduct occurs off campus (including online or electronic conduct) in the United States if it occurs in connection with a BGSU education program or activity, including BGSU-sponsored research or internship programs or any other location, event, or circumstance in which BGSU exercised substantial control over both the respondent and the context in which the prohibited conduct occurred.

(4) Registered student organizations (RSOs) are registered with the office of student engagement in the division of student affairs. The university has jurisdiction over RSOs and it may address prohibited conduct committed in relation to RSO activities through the code of student conduct and this policy. Reports of prohibited conduct involving RSOs will be provided to the title IX coordinator, who will confirm that the university takes appropriate action to restore or preserve equal access to the universitys education program or activity.

(C) Definitions

Advisor: a person chosen by a party to accompany the party to some or all meetings related to the resolution process, to advise the party on that process, and to conduct cross-examination for the party at the hearing, if applicable. Advisor also includes a person appointed by the university to conduct cross-examination for the party at the hearing

Business day: Monday through Friday, excluding Saturday, Sunday, recognized university holidays, and approved university breaks

Complainant: a person who is alleged to be the victim of conduct prohibited by this policy.

Confidential resource: professionals who are required by law to protect confidentiality or assigned as a confidential resource by BGSU.

Decision maker (single) or hearing board: those who have decision-making and sanctioning authority within the universitys formal grievance process.

Education program or activity: locations, events, or circumstances where the university exercises substantial control over both the respondent and the context in which the alleged sex discrimination, sexual harassment or retaliation occurs and also includes any building owned or controlled by a student organization that is officially recognized by the university.

Finding: a conclusion that the conduct did or did not occur as alleged (as in a "finding of fact").

Formal complaint: a document filed by a complainant or signed by the title IX coordinator alleging a title IX policy violation by a respondent and requesting that the university investigate the allegation(s).

Investigator: the person(s) charged by the university with gathering facts about an alleged violation of this policy, objectively reviewing evidence, synthesizing the evidence, and compiling the information into an investigation report.

Mandated reporter: a university employee who is obligated by this policy to share knowledge, notice, and/or reports/allegations of sexual harassment and/or retaliation with the Title IX coordinator.

Parties: the complainant(s) and respondent(s), collectively.

Preponderance of the evidence: the standard of proof used for alleged violation(s) of this policy. Preponderance of the evidence means that, based on all the reliable, relevant evidence and reasonable inferences from that evidence, the respondent is more likely than not in violation of this policy.

Remedies: post-finding actions directed to the complainant and/or the community as mechanisms to address safety, prevent recurrence, and restore access to the universitys educational program.

Respondent: the person who has been reported to have engaged in conduct that could constitute sexual harassment or retaliation under this policy or its procedures.

Sanction: a consequence imposed by the university on a respondent who is found to have violated this policy. For employees, the term sanction as used in this policy means discipline or corrective action.

Title IX coordinator: is the official designated by the university to ensure compliance with title IX and the universitys title IX program. References to the coordinator throughout this policy may also encompass a designee(s) of the coordinator for specific tasks.

(D) Sources of assistance

(1) BGSU wants every student or employee who may have experienced harm to have access to resources to get help and assistance. BGSU and the community offer a number of resources that can provide support and guidance in response to any incident of harm.

(2) These resources are available to every BGSU student or employee who may have experienced harmful conduct, regardless of whether they intend to report the conduct to university officials or law enforcement.

ResourcesPhonenumber
BGSU policedepartment911 or419-372-2346
The centerfor violence prevention education 419-372-7227
Counseling center (confidential)419-372-2081
The cocoon (confidential)419-373-1730 ask for a campus victimadvocate when you call
Falcon health center (confidential)419-372-2271
Unison (confidential) 419-502-HOPE (4673)
Office of the dean of students419-372-2843
Psychological services center (confidential) 419-372-2540
Title IX office419-372-8476
Wellness connection419-372-WELL (9355)
Wood county hospital419-354-8900

(3) For additional information on BGSU and community resources, including emergency and ongoing assistance; health, mental health, and advocacy services; options for reporting prohibited conduct; and available support with academics, housing, transportation, pregnancy, and employment, see the BGSU title IX website. In addition, anyone may contact the title IX coordinator, located in Hayes 207 or at 419-372-8476 to discuss available BGSU and community resources and assistance.

FirelandsPhonenumber
Bayshorecounseling services Sandusky office 419-626-9156 (request intake office)
Erie county deputy (for Firelandscampus)419-372-0709 or 911
Firelands counseling andrecovery services (confidential)800-342-1177 (ext. 5177)
Office of the dean (Firelands)419-372-0623

(4) Confidential and non-confidential resources

BGSU recognizes that there is an important difference between making a complaint to the university, a community resource, seeking confidential assistance, and making a complaint to law enforcement. Many campus and community resources are not confidential. This paragraph outlines the confidential and non-confidential resources available to individuals who have experienced harmful conduct.

(a) Confidential resources

Confidential resources are professionals who are required by law to protect confidentiality or assigned as a confidential resource by BGSU. A confidential resource must not reveal information disclosed in confidence unless they are given permission by the person who disclosed it, or there is an imminent threat of harm, or suspected abuse of a person under the age of eighteen, or as otherwise required or permitted by law or court order.

Confidential resources available to BGSU students include the BGSU counseling center, The cocoon, psychological services center, and the Falcon health center (for Firelands campus this includes Firelands counseling and recovery services). Clergy and mental and medical health care providers are also confidential resources.

(b) Non-confidential resources

BGSU employees who are not confidential resources will seek to respect the privacy of all individuals. Reported information about prohibited conduct will be shared only with BGSU employees who need to know the information to assess, investigate, and resolve the report.

(E) Supportive measures

(1) Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or the respondent before or after the filing of a formal complaint or where no formal complaint has been filed. Such measures are designed to restore or preserve equal access to BGSUs education programs or activities without unreasonably burdening the other party, including measures designed to protect the safety of all parties or BGSUs educational environment. BGSU provides supportive measures after the office of the dean of students or title IX office receives notice of prohibited conduct but before any outcome has been decided. These measures typically are kept in place until the matter is resolved but may be extended when warranted.

(2) Supportive measures may include counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures.

(3) The title IX coordinator or designee is responsible for coordinating the effective implementation of supportive measures. A complainant or respondent may meet with the title IX coordinator to discuss the adequacy or need for supportive measures.

(4) BGSU will maintain as confidential any supportive measures provided to the complainant or respondent, to the extent that maintaining such confidentiality would not impair the ability of BGSU to provide the supportive measures.

(5) Implementation of supportive measures does not mean or suggest that BGSU has made any decision about the merits of the report.

(F) Emergency removal

BGSU may remove a respondent from any BGSU education program or activity on an emergency basis, provided that BGSU first undertakes an individualized safety and risk analysis, determines that an immediate threat to the physical health or safety of any student or other individual arising from the allegations of sexual harassment justifies removal, and provides the respondent with notice and an opportunity to challenge the decision immediately following the removal.

This paragraph does not limit BGSUs ability to suspend a respondent under section 3345.22 of the Revised Code or other applicable law.

(G) Administrative leave

BGSU may place a non-student employee respondent on administrative leave during the pendency of the university resolution procedure described in this policy and any subsequent processes.

(H) Reporting options and mandatory reporting

(1) BGSU strongly encourages prompt reporting of conduct that may violate this policy. Anyone may make a report, including a student, employee, visitor, or other third party. A person may choose to make a report to the university, to law enforcement, or to both. BGSU will make support and resources available to a person making a report no matter which option they choose.

(2) Amnesty to students when reporting prohibited conduct

BGSU will not pursue a code of student conduct violation against any participant in an investigation under this policy, whose potential violation of BGSU policy on drug or alcohol use was identified during the investigation, provided that the drug or alcohol use did not (and does not) endanger the health or safety of another person. BGSU may, however, initiate an assessment, hold an educational discussion, or pursue other non-disciplinary options to address the drug or alcohol use.

(3) Reporting to law enforcement or the university (other than confidential reporting options) means that, as appropriate, the report will be shared with others.

(a) Reporting of law enforcement

BGSU encourages anyone who experiences prohibited conduct to make a report to BGSU police department. Prompt reporting enables law enforcement to collect and preserve evidence.

A person who wishes to pursue criminal action in addition to, or instead of, making a report to BGSU may contact law enforcement directly by calling:

(i) 911 (for emergencies);

(ii) BGSU police department: (419) 372-2346 (non emergencies);

(iii) Bowling Green city police division: (419) 352-2571(non-emergencies);

(iv) Wood county sheriffs office: (419) 354-9001 (non-emergencies);

(v) Ohio state highway patrol: (419) 352-2481 (non-emergencies);

(vi) Erie county sheriffs department: (419) 625-7591 (non-emergencies at Firelands campus).

Upon request, BGSU staff will assist in making a report to law enforcement. For conduct occurring in the residence halls, the office of residence life can assist in making a report to the BGSU police department. For reports of off-campus prohibited conduct, the BGSU police department can assist in identifying which law enforcement agency should receive the report.

(b) Reporting to the university

An individual may make a report directly to the title IX coordinator in 207 hayes hall by email to titleix@bgsu.edu, by regular mail, by telephone at (419) 372-7751, or in person at the office of title IX. An online report form may be found on the BGSU website by visiting the title IX or the equity and compliance web pages.

Designated BGSU staff, including the office of the dean of students, the office of residence life, the office of accessibility services, the office of multicultural affairs, the center for violence prevention and education, for Firelands, the associate dean of students, and the BGSU police department, will help individuals with reporting.

(4) Anonymous reports

A person may report prohibited conduct to BGSU without disclosing ones name using the online reporting form found on the BGSU website. Although the report may be filed anonymously, the date and time of the incident must be included.

Depending on the circumstances, such as the unavailability of witnesses and the universitys relationship to the respondent, BGSUs ability to investigate and remedy an anonymous report may be limited. BGSU will, however, take action as it deems appropriate and in the best interests of the overall university community, to the extent allowed by the available information.

(5) Reporting by BGSU employees and others

(a) Mandatory reporters

A "mandatory reporter" must immediately report any information about suspected prohibited conduct to the title IX coordinator. A mandatory reporter who fails to make a timely report may be subject to appropriate discipline. Each of the following is considered a "mandatory reporter":

(i) Members of the board of trustees;

(ii) Executive officers (including associate or assistant vice presidents and vice provosts);

(iii) Cabinet members;

(iv) Deans, directors, and department chairs (including those serving in assistant or associate roles);

(v) Academic program coordinators;

(vi) Supervisors of administrative and classified staff;

(vii) BGSU faculty full-time and part-time, graduate teaching instructors and graduate teaching assistants, and any other person providing instruction at BGSU (such as flight instructors);

(viii) All staff in the office of student success and life design;

(ix) Any BGSU employee or volunteer who serves as an advisor to a registered student organization ( fraternity or sorority life);

(x) All tier one volunteers (as defined in the volunteers at BGSU procedures);

(xi) All individuals, including student-employees (such as resident advisors and community assistants), who work for the office of residence life;

(xii) All staff and graduate students working in the division of diversity and belonging;

(xiii) All staff and graduate students working in the office of the dean of students;

(xiv) All staff and graduate students working in the office of student engagement;

(xv) All individuals including student-employees ( such as orientation leaders) who work for the office of parent, family, and new student connections;

(xvi) All staff, graduate students, and tier one volunteers who work for intercollegiate athletics (including assistant coaches and other volunteers within athletics);

(xvii) All campus security authorities, as designated by BGSU under the Clery Act, who are not otherwise specified (as listed by title in the annual security and fire safety report);

(xviii) Any individual serving on an acting or interim basis in any position described in this policy; and, university faculty, staff or volunteers providing oversight to BGSU students while on domestic or international travel in connection with any BGSU sponsored teaching, research or service activity.

(b) Training

All who fall under the category of "mandatory reporter" must attend and complete in-person or online trainings as defined by the university.

(c) All other employees

Employees who are not mandatory reporters are not required to report information about suspected prohibited conduct to the title IX coordinator. It is difficult, however, to address prohibited conduct that has not been reported. Accordingly, employees who are not mandatory reporters (or confidential resources) are encouraged to ask the person who gave them the information for permission to share it with the title IX coordinator.

(6) Exceptions

Vendors who are not BGSU employees, students who are not working in one of the offices identified in paragraph 5(a) of this rule, employees who are not supervisors and do not fall into any of the other categories such as advisor. Additional exceptions include:

(a) Professionals who are required by law to protect confidentiality (confidential resources); and

(b) Vendor employees.

(7) Questions about "mandatory reporter" status should be directed to the office of general counsel at (419) 372-0464.

(I) Prohibited conduct

Prohibited conduct includes the following acts: sexual harassment, sexual assault, stalking, dating violence, domestic violence, retaliation, and violation of mutual restrictions on contact between the parties. This policy applies to prohibited conduct regardless of the sex, sexual orientation, and/or gender identity or gender expression of the complainant or respondent.

Suspected incidents of child abuse (including incidents of suspected child sex abuse) must be reported to childrens services by calling the child abuse hotline at 419-354-9669 or 1-866-860-4136. Contact the BGSU police department with any questions about matriculated students under the age of eighteen.

Each act of prohibited conduct is specifically defined in this paragraph, along with the related subjects of consent and incapacitation:

(1) Sexual harassment

Sexual harassment means conduct on the basis of sex that satisfies one or more of the following:

(a) A BGSU employee conditioning the provision of an aid, benefit, or service of BGSU on an individuals participation in unwelcome sexual conduct;

(b) Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to any BGSU education program or activity; or

(c) Is "sexual assault," "dating violence," "domestic violence," or "stalking" as defined in this policy and applicable federal law.

(2) Sexual assault

Sexual assault includes the following:

(a) Rape: the penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.

(b) Fondling: the touching of the private parts of another person for the purpose of sexual gratification, without the consent of the victim.

(c) Incest: sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

(d) Statutory rape: sexual intercourse with a person who is under the statutory age of consent.

(3) Stalking

The term "stalking" means engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for the persons safety or the safety of others; or suffer substantial emotional distress.

For the purpose of this definition:

(a) Course of conduct means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method device (including cyberstalking), or means follows, monitors, observes, surveils, threatens, or communicates to or about, a person, or interferes with a persons property.

(b) Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim.

(c) Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.

Cyberstalking is a form of stalking that includes harassment via social media, email, text, or other forms of electronic communication.

(4) Dating violence

The term "dating violence" means violence committed by a person:

(a) Who is or has been in a social relationship of a romantic or intimate nature with the victim; and

(b) Where the existence of such a relationship shall be determined based on a consideration of the following factors: the length of the relationship; the type of relationship; the frequency of interaction between the persons involved in the relationship.

(5) Domestic violence

The term "domestic violence" means a felony or misdemeanor crime of violence committed:

(a) By a current or former spouse or intimate partner of the victim;

(b) By a person with whom the victim shares a child in common;

(c) By a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner;

(d) By a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred; or

(e) By any other person against an adult or youth victim who is protected from that persons acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.

(6) Retaliation

No person may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by title IX or 34 CFR part 106, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this policy.

Intimidation, threats, coercion, or discrimination, including charges against an individual for code of conduct violations that do not involve sex discrimination or sexual harassment, but arise out of the same facts or circumstances as a report or complaint of sex discrimination, or a report or formal complaint of sexual harassment, for the purpose of interfering with any right or privilege secured by title IX or 34 CFR part 106, constitutes retaliation. The exercise of rights protected under the first amendment does not constitute retaliation.

BGSU will keep confidential the identity of any individual who has made a report or complaint of sex discrimination, including any individual who has made a report or filed a formal complaint of sexual harassment, any complainant, any individual who has been reported to be the perpetrator of sex discrimination, any respondent, and any witness, except as may be permitted by the FERPA statute (20 U.S.C. 1232g), FERPA regulations (34 CFR part 99), as required by law, or to carry out the purposes of 34 CFR part 106, including the conduct of any investigation, hearing, or judicial proceeding arising thereunder.

Retaliation is prohibited conduct. A formal complaint alleging retaliation may be filed according to this policy.

(7) Violation of mutual restrictions on contact between the parties

Failure to comply with mutual restrictions on contact between the parties is a separate and independent violation of this policy.

(8) Consent

(a) Consent is a clear and unambiguous agreement to engage in a particular activity. The person who initiates a sexual activity is responsible for obtaining consent for that activity.

(b) Consent must be expressed outwardly through mutually understandable words or actions. The person who initiates a sexual activity may not infer consent from silence, passivity, or a lack of resistance.

(c) A person who is incapacitated may not give consent.

(d) Consent must be voluntarily given. It cannot be obtained through coercion or force.

(i) Coercion is conduct that would reasonably place a person in fear, and that is used to compel that person to engage in sexual activity. Examples of coercive conduct include intimidation and express or implied threats of immediate or future harm to the person or others. Harm may be a physical, emotional, reputational, financial, or other injury to that person or another.

(ii) Force is the use of physical action, strength or violence to compel a person to participate in sexual activity.

(e) Consent must not be inferred from an existing or previous dating or sexual relationship. Even within an existing relationship, the parties must consent to engage in any sexual activity each time it occurs.

(f) Consent to one sexual activity is not consent to another sexual activity, nor is it consent to the same sexual activity at another time.

(g) A person may withdraw consent at any time. If consent is withdrawn, the sexual activity must stop immediately.

(h) To determine under this policy whether consent was sought and given, BGSU will evaluate what the respondent knew, or reasonably should have known, when all the relevant circumstances are considered.

(9) Incapacitation

An incapacitated person lacks the ability to make an informed, rational judgment about engaging in sexual activity.

Under this policy, a person who initiates a sexual activity with another person, and who actually knows or reasonably should have known that the person was incapacitated, has not obtained consent.

A person is incapacitated if, at the time consent is sought and regardless of the cause of incapacitation, they are physically or mentally helpless, asleep, unconscious, or unaware that sexual activity is taking place.

A person may become incapacitated due to a temporary or permanent physical or mental health condition or due to the consumption of drugs or alcohol.

When drugs or alcohol are involved, incapacitation is a state beyond drunkenness or intoxication. A person using drugs or drinking is not necessarily incapacitated: rather, their level of impairment must be significant enough to render that person unable to give consent.

The effect of drugs or alcohol varies from person to person, but any of the following signs indicate that a person may be incapacitated: slurred or incomprehensible speech, stumbling or unsteady walking, falling, episodes of unconsciousness (as distinct from a subsequent failure of memory), vomiting, or incontinence.

(J) Impartiality and training requirements

The title IX coordinator and deputy coordinators, decision-makers, investigators, and any person designated by a recipient to facilitate an informal resolution process, must not have a conflict of interest or bias for or against complainants or respondents generally or any individual complainant or respondent.

The title IX cordinator and deputy coordinators, decision-makers, investigators, and any person designated to facilitate an informal resolution process must receive training on: the definitions of sexual harassment and prohibited conduct in this policy and in 34 CFR 106.30; the scope of BGSUs education programs and activities; how to conduct an investigation and resolution process including hearings, appeals, and informal resolution processes, as applicable; and on how to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest, and bias.

The materials used to train the title IX coordinator and deputy coordinators, decision-makers, investigators, and any person designated by a recipient to facilitate an informal resolution process, must not rely on sex stereotypes and must promote impartial investigations and adjudications of formal complaints of sexual harassment and prohibited conduct.

All decision-makers, including anyone who will serve as the chair of a hearing board, must receive training on any technology to be used at a live hearing and on issues of relevance of questions and evidence, including when questions and evidence about the complainants sexual predisposition or prior sexual behavior are not relevant.

All investigators must receive training on issues of relevance to create an investigative report that fairly summarizes relevant evidence.

(K) Intake process and formal complaint

Promptly after learning of a report of prohibited conduct, the title IX coordinator or designee will contact the complainant confidentially to discuss the availability of supportive measures with or without the filing of a formal complaint. The title IX coordinator will consider the complainants wishes with respect to supportive measures and will implement supportive measures in accordance with paragraph (E) of this rule.

The title IX coordinator or designee will also explain to the complainant the process for filing a formal complaint. If the conduct reported to the title IX coordinator or designee does not appear to be prohibited conduct within the scope of this policy, any information gathered during the intake process may be reported to the office of the dean of students or other appropriate authority and the complainant may be referred there without affecting the complainants right to choose to file a formal complaint.

A formal complaint is a document filed by a complainant alleging sexual harassment against a respondent and requesting that the school investigate the allegation of sexual harassment. The formal complaint must state that, at the time of its filing, the complainant is participating in or attempting to participate in a BGSU education program or activity.

The document may be a paper or electronic submission that contains the complainants physical or digital signature or otherwise indicates that the complainant is the person filing the formal complaint. A complainant may file a formal complaint with the title IX coordinator in person, by mail, by e-mail to http://www.bgsu.edu/titleix, or through the BGSU online reporting form found on the BGSU website, or by visiting the title IX or the equity and compliance web pages.

A complainant may also choose not to file a formal complaint. If so, BGSU will provide supportive measures but not investigate unless the title IX coordinator determines that signing a formal complaint to initiate an investigation over the wishes of the complainant is not clearly unreasonable in light of the known circumstances.

The title IX coordinator (after consulting with the chief diversity and belonging officer or designee) may determine that, despite a complainants request, a formal complaint is required to ensure the complainants health and safety or that of the university community. If the title IX coordinator makes and documents that determination, the title IX coordinator may then sign and file a formal complaint. Signing and filing a formal complaint does not make the title IX coordinator a complainant or a party during the resolution process: the title IX coordinator must continue to comply with requirements for Title IX personnel to be free from a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent.

(L) Formal university resolution processes after a formal complaint

BGSU uses two processes to resolve formal complaints of prohibited conduct under this policy. Formal resolution is by an investigation that will result in a hearing (unless the formal complaint is dismissed) and possible sanctions and may involve an appeal. Informal resolution (discussed in paragraph (L) of this rule) is by mediated or restorative methods and may be offered by the university or requested by the complainant or respondent at any time after the formal complaint is filed, unless the formal complaint alleges prohibited conduct by an employee against a student.

The formal resolution process involves notice of allegations, investigation, a preliminary report and final report, a live hearing and written determination, and possible sanctions and appeal. Each of these steps is described as follows:

(1) Notice of allegations

After receiving a formal complaint, the title IX coordinator will provide written notice to all known parties. The notice will include the following:

(a) Information about the formal resolution process, the informal resolution process, and where to find this policy.

(b) Information about the allegations, including identities of the parties involved in the incident, if known; the conduct allegedly constituting prohibited conduct; and the date and location of the alleged incident, if known; this information must be provided in sufficient time to allow the respondent to prepare a response before any initial interview.

(c) A statement that the respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the formal resolution process.

(d) A statement that each party may have an advisor of their choice, who may be, but is not required to be, an attorney.

(e) A statement that each party and their advisor may inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in the formal complaint.

(f) A statement advising the parties of any provision in this policy, the code of student conduct, or any other university policy, that prohibits knowingly making false statements or knowingly submitting false information during the formal resolution process.

(2) Revised notice

During the course of the investigation, the university may decide to investigate allegations about the complainant or respondent that were not included in the notice originally provided. If that occurs, BGSU will provide notice of the additional allegations to the parties whose identities are known.

(3) Investigation

An investigation must give the complainant and respondent a full, equal, and fair opportunity to be heard and to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence. The investigation will be thorough and impartial.

The title IX coordinator will assign one or more investigators to each investigation. In many cases, an investigator will be a title IX deputy coordinator, but may also be a member of the office of the dean of students, a member of equity and compliance, the title IX coordinator (when appropriate), any trained staff member, or an external investigator to be selected and assigned in consultation with the chief diversity and belonging officer, the universitys president, and the office of general counsel (if applicable).

The investigator typically will separately interview the complainant, the respondent, and available witnesses; record the interviews; give the parties an equal opportunity to submit or identify relevant information; and gather relevant information. That information may include documents, images, written or electronic communications or data, and medical records (with the persons consent). BGSU will not restrict the ability of either party to discuss the allegations under investigation or to gather and present relevant evidence.

Before any interview or other meeting, the investigator will give written notice to the party whose participation is invited or expected. That notice will state the date, time, location, participants, and purpose of the interviews or other meetings, and will be given with sufficient time for the party to prepare to participate.

The investigator will provide the complainant and respondent with a preliminary investigation report that will include a summary of their statement, witness statements, and all evidence collected and give them an opportunity to comment.

Although the complainant or respondent may provide materials to the investigator, it is the universitys duty to gather relevant information that is reasonably available.

(a) The role of the investigator

Each person serving as an investigator must be impartial and have no conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent. There will be a primary investigator who will serve as the lead investigator. This person may be assisted by one or more secondary investigators.

A complainant or respondent who is concerned that the designated investigator cannot conduct a fair and unbiased review may report those concerns to the title IX coordinator. The title IX coordinator will assess the circumstances and decide whether to designate a different investigator.

The investigators role is to gather facts, not to function as an advocate for a complainant or respondent. But upon request, an investigator may identify campus support resources for the complainant and respondent and refer them to the office of the dean of students to coordinate services.

(b) Presumption of good faith reporting

BGSU presumes that a report of prohibited conduct is made in good faith. A finding that the conduct does not violate this policy, or that there is not enough evidence to conclude that an incident occurred as reported, does not mean that a report was made in bad faith.

(c) Presumption of non-responsibility and standard of proof

Each investigation and hearing is a neutral, fact-gathering process in which the respondent is presumed not to be responsible. This presumption is overcome only if, after a hearing as provided in this policy, the appropriate decision maker finds that the respondent violated this Policy by a preponderance of the evidence.

For purposes of this policy, a preponderance of the evidence means that, based on all the reliable, relevant evidence and reasonable inferences from that evidence, the respondent is more likely than not in violation of this policy. This standard is to be used for all formal complaints of sexual harassment (including where employees and faculty are respondents).

(d) Participation is voluntary

The complainant, respondent, and witnesses may choose whether or not to participate in the investigation. Even if a complainant or respondent declines to participate, however, the investigator may continue to investigate the reported conduct and, to the extent consistent with due process, issue findings based on the evidence that is available.

(e) Expectation of truthful information

BGSU expects the complainant, respondent, witnesses, and all others to provide truthful information in any proceeding under this policy. Knowingly providing a materially false statement or other information may result in disciplinary action under the code of student conduct or other applicable policy.

(f) Acceptance of responsibility

The respondent may decide to accept responsibility for the prohibited conduct at any time. If so, then with the voluntary agreement of the complainant, the title IX coordinator will determine the next steps in order to reach a final determination.

(g) Advisors

The complainant and respondent may each have one advisor of their choice throughout the formal resolution process. The advisor may be, but is not required to be, an attorney. The university will not be responsible for professional fees of any advisor.

The role of the advisor is narrow in scope: the advisor may attend any interview or meeting connected with the formal resolution process to provide support and guidance, but the advisor may not actively participate in interview or meetings and many not serve as a proxy for the parties. The advisor may attend the hearing and may directly ask the other party and any witnesses all relevant questions and follow-up questions, including those challenging credibility. An advisor may not be a witness or have any other role in the process except as stated in this policy.

An investigative interview or meeting or hearing will not be postponed to accommodate the schedule of a partys chosen advisor and may proceed without the party's advisor. If a partys chosen advisor is not present at the hearing, BGSU will choose an advisor for that party (without fee or charge) to conduct cross-examination on behalf of that party.

(h) Relevant information

The investigator is responsible for gathering relevant information to the extent reasonably possible. That information may include documents, images, written or electronic communications or data, and medical records (with the persons consent).

The complainant and respondent, however, will be asked to identify witnesses and provide other relevant information as soon as possible to aid prompt investigation and resolution.

The investigator will review all information identified or provided by the parties. For purposes of the preliminary and final reports, the investigator will determine the relevance and probative value of all information developed or received during the investigation. The investigator will provide all relevant information to the parties for their review and comment (as described in this policy).

The university cannot access, consider, disclose, or otherwise use a partys records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the professionals or paraprofessionals capacity, or assisting in that capacity, and which are made and maintained in connection with the provision of treatment to the party, unless the university obtains that partys voluntary, written consent to do so for the formal resolution process. In those instances, the investigator will summarize relevant information from those records in the preliminary report. Each party will be allowed to review the preliminary report and the relevant portions of the records.

When specialized expertise is needed, the investigator may seek authorization from the title IX coordinator to consult experts who have no connection to the reported incident.

(i) The respondents prior or subsequent conduct

A respondents prior or subsequent conduct will not be used to prove that the respondent had the character to engage in the alleged conduct.

Prior or subsequent conduct may be considered for other purposes, such as determining preparation or plan, intent, knowledge, or the respondents motive for taking an action. To that extent, evidence of a pattern of substantially similar prohibited conduct by the respondent (regardless of any other finding of a policy violation) may be deemed relevant to the matter under investigation.

If the investigator determines that a respondents prior or subsequent conduct is relevant, both persons will be informed in writing.

(j) Prior sexual contact between the complainant and the respondent

Prior sexual contact between a complainant and a respondent is generally not relevant. It will be considered only in limited circumstances.

For example, if the question is whether consent was given through mutually understandable actions, information about prior sexual contact may assist the investigator and decision-makers to better understand the manner and nature of the parties sexual communication. To that extent, the information may be relevant in determining whether consent was sought and given during the incident under investigation.

If the investigator determines that the parties prior sexual contact is relevant, both persons will be informed in writing.

(k) Witnesses

Witnesses are persons who observed the acts in question or have information relevant to the incident. A witness may not participate solely to speak about an individuals character unless relevant.

The investigator will give each identified witness the opportunity to discuss the investigation process and participate in an interview. After the interview, the investigator will provide each witness a summary of their statement from the preliminary investigation report for their review and comment.

The investigator will provide a written summary of each witnesss interview to the complainant and the respondent for their review and comment. The summary will identify the witness by name and by their relationship to each other person and the university.

The investigator will provide this information in or with the preliminary investigation report.

(l) Coordination with law enforcement

If the university learns of a concurrent criminal investigation, the title IX coordinator or designee will inform the criminal investigator that a university investigation is in progress; inquire into the status of the criminal investigation and determine whether law enforcement officials will make any evidence available to the university.

Upon request, BGSU may agree to defer part or all of its investigation until law enforcement evidence gathering is complete.

To the extent consistent with the law enforcement request, the investigator will communicate with the parties about resources and support, procedural options and anticipated timing, and any interim measures deemed necessary for the safety and well-being of the affected individuals.

Because the standards for a criminal proceeding differ from the standards for a violation of this policy, BGSU will not base its decisions solely on law enforcement reports or actions. BGSU will take immediate and appropriate action in response to a report of prohibited conduct, even if a law enforcement action is pending. If BGSU finds that prohibited conduct has occurred, it will take appropriate action, even if a law enforcement action is pending or dismissed.

(m) Time for completion of investigation

The period from the start of an investigation, which begins with the investigators notice to the respondent, to a final investigation report (as described in this policy) typically should not exceed sixty to ninety business days.

In some situations, however, this target may not be achievable. For example, additional time may be needed to ensure the integrity and completeness of the investigation (particularly in complex cases involving multiple witnesses or large volumes of information); the absence of a party or a witness; concurrent law enforcement activity; the need for language assistance or accommodation of disabilities; or for other well-supported reasons.

If the investigator determines that the ninety-day period must be exceeded, both parties will be informed in writing.

(n) Preliminary report

After interviewing the complainant and the respondent, completing witness interviews, and gathering relevant information, the investigator will prepare a preliminary report.

Usually, the preliminary report will include the complainants statement, the respondents statement, and a statement from each available witness, and a copy of the other relevant information obtained during the investigation and/or a written summary of it. The preliminary report will not contain any findings.

The investigator will provide the preliminary report to the complainant the respondent, and their respective advisors (if any) for review and comment. In addition, the investigator will provide the parties and their advisors any evidence obtained as part of the investigation that is directly related to the allegations raised in a formal complaint, including the evidence which the university does not intend to rely on in reaching a determination regarding responsibility and inculpatory or exculpatory evidence whether obtained from a party or other source, so that each party can meaningfully respond to the evidence prior to the final investigation report.

The preliminary report and evidence will be provided electronically or in a hard copy. Each party will have ten business days from the date the preliminary report is shared to submit a written response, which the investigator will consider before completing the final investigation report.

If a party identifies new relevant information, the investigator will address any relevant issues identified and pursue additional investigative steps as needed. The investigator will include those matters in a revised preliminary report and give the parties two business days to review and comment on it before writing the final report.

(o) Final investigation report; dismissal or further proceedings

After all review and comment periods have ended, the investigator will write a final investigation report. The final investigation report will fairly summarize the relevant evidence and include the investigators findings and a summary of the investigators rationale for those findings.

If the final investigation report determines that the conduct alleged in the formal complaint would not constitute prohibited conduct even if proved, did not occur in a BGSU education program or activity, or did not occur against a person in the United States, then the university will dismiss the formal complaint with regard to that conduct for purposes of this policy.

The title IX coordinator may dismiss the formal complaint, or any allegations in the formal complaint, if at any time during the investigation or hearing any of the following occur: the complainant notifies the title IX coordinator in writing that the complainant would like to withdraw the formal complaint or any allegations in it; the respondent ceases to be enrolled at or employed by the university; or specific circumstances prevent the university from gathering evidence sufficient to reach a determination as to the formal complaint or allegations.

A dismissal under this policy will not preclude action under another applicable university policy or code of conduct. For example, if the alleged conduct by a student would constitute a violation of the code of student conduct, the matter will be referred to the office of the dean of students. If the alleged conduct by a university employee could violate any other university policies, the matter will be referred to the equity and compliance officer or other appropriate authority.

If the formal complaint or any allegations are being dismissed under this policy, but are being referred to another department for assessment, the written notice will simultaneously be sent to the parties advising them of this action and the reasons for it. This notice will also be provided to the appropriate department to institute their assessment process regarding the complaint or allegations.

If the formal complaint or any allegations are dismissed under this policy and are not being referred to another department for review, the title IX coordinator will promptly and simultaneously send written notice to the parties advising them of the dismissal and the reasons for it.

If the formal complaint is not dismissed, the investigator will submit the final investigation report to the title IX coordinator for review and approval with copies to the office of general counsel for review. The final investigation report will then move forward for adjudication and be included with other relevant materials for the hearing.

The title IX coordinator will simultaneously provide a copy of the final investigation report to the complainant and respondent and their respective advisors (if any) at least ten business days before the scheduled hearing for their review and written response. The notice will include a scheduled meeting with each party to provide information about next steps, which may include information on an informal resolution process and will include information on the hearing process. Information about appeals will be provided at designated points in the process.

(4) Live hearing

After the respondent has reviewed the final investigation report, the respondent may request referral to an informal resolution process. This will be subject to the complainants voluntary agreement, unless the respondent is an employee and the complainant is a student. (Under 34 CFR 106.45, informal resolution cannot be used to resolve an allegation that an employee sexually harassed a student).

In the absence of an informal resolution or a respondent accepting responsibility, a live hearing will be conducted to determine responsibility.

If both parties are students, the parties will have the opportunity to select that the hearing be conducted before a single decision-maker or a three-member board. Both parties must agree to have a hearing before a single decision-maker; if the parties do not agree, the hearing will be conducted before a three-member board. When the case is scheduled before a hearing board, the university will assign an individual to serve as the single decision-maker or the board chair. The board chair will only vote in the event of a tie.

If one or both of the parties is an employee, the live hearing will be conducted before a single decision-maker.

(a) Prehearing procedure

The university may consolidate formal complaints as to allegations of sexual harassment against more than one respondent, or by more than one complainant against one or more respondents, or by one party against the other party, where the allegations of sexual harassment arise out of the same facts or circumstances.

If a decision-maker or board member has direct, firsthand knowledge of the case, is personally acquainted with the complainant or respondent, has any other conflict or for other good cause as determined by the board chair or by the title IX coodinator in matters involving a single decision-maker, that individual will be recused and be replaced.

The board chair shall maintain records related to the selection of the hearing board in accordance with applicable university records retention schedules.

The board chair or single decision-maker will set a hearing date, which cannot occur sooner than ten business days after the final investigation report was sent to each party and advisor. At least five business days before the hearing date, the dean of students office or office of title IX will give written notice to the complainant and the respondent and their respective advisors (if any).

The written notice will specify the hearing date and list the name(s) and job title(s) of the single decision-maker or board members. It will also specify a date by which the complainant and respondent must each submit a list of witnesses, provide copies of any documents the party intends to present (including any written impact or mitigation statements), identify any advisor who will attend the hearing, and submit a written explanation seeking to disqualify the single decision-maker or any member of the board for bias or conflict of interest.

If the university chooses to have legal counsel present the case to the hearing decision-maker or board, the written notice will include that information. If so, the respondent may also present their case through legal counsel.

At least three business days before the hearing, the single decision-maker or board chair will make a list of all witnesses and copies of all documents available to the complainant and the respondent.

(b) Hearing procedure

The hearing will be live and audio-recorded. The live hearing may be conducted with all parties physically present in the same geographic location or, at the universitys discretion, any or all parties, witnesses, and other participants may appear at the live hearing virtually, with technology enabling participants simultaneously to see and hear each other. The recording is university property and shall be an education record of a student complainant and a student respondent. The university will make the recording available to the parties for inspection and review upon request.

The university expects that the complainant and the respondent will each be present and available for the entire live hearing. The complainant and respondent need not be present in the same room. At the request of either party, the university will provide for the live hearing to occur with the parties located in separate rooms with technology enabling the single decision-maker or hearing board and parties to simultaneously see and hear the party or the witness answering questions.

The single decision-maker or board chair will exercise control over the proceedings. The single decision-maker or board chair is also permitted to ask questions.

Formal rules of evidence will not apply.

The single decision-maker or hearing board may only consider relevant evidence. Prior conduct history of any party or witness may be considered if relevant.

Questions and evidence about the complainants sexual predisposition or prior sexual behavior are not relevant, unless such questions and evidence about the complainants prior sexual behavior are offered to prove that someone other than the respondent committed the conduct alleged by the complainant, or if the questions and evidence concern specific incidents of the complainants prior sexual behavior with respect to the respondent and are offered to prove consent.

During the hearing, each party may refer to any relevant evidence obtained as part of the investigation that is directly related to the allegations raised in a formal complaint (including the evidence upon which the university does not intend to rely in reaching a determination regarding responsibility and inculpatory or exculpatory evidence whether obtained from a party or other source), including for purposes of cross-examination.

The single decision-maker or board chair will determine whether evidence is relevant.

The members of the hearing board or single decision-maker and the investigator may ask questions directly to each witness. Each partys advisor may ask the other party and any witnesses all relevant questions and follow-up questions, including those challenging credibility. This cross-examination at the live hearing must be conducted directly, orally, and in real time by the partys advisor of choice and never by a party personally. If a party does not have an advisor present at the live hearing, the university will provide an advisor of the universitys choice to conduct cross-examination on behalf of that party.

The single decision-maker or board chair may disallow any question that seeks information that is not relevant. Before a complainant, respondent, or witness answers a cross-examination or other question, the single decision-maker or board chair must first determine whether the question is relevant and explain any decision to exclude a question as not relevant.

Each witness (other than the complainant and the respondent) will be excluded from the hearing while another witness speaks before the hearing panel.

No witness may be compelled to answer a question. In general, , if a party or witness does not submit to cross-examination at the live hearing, the single decision-maker or hearing board must not rely on any statement of that party or witness in reaching a determination regarding responsibility. The only exception to this rule is if the party admitted to engaging in the prohibited conduct. The respondent may choose to speak on their own behalf or remain silent. The single decision-maker or hearing board cannot draw an inference about the determination regarding responsibility based solely on a partys or witnesss absence from the live hearing or refusal to answer cross-examination or other questions.

The single decision-maker or hearing board will not require, allow, rely upon, or otherwise use questions or evidence that constitute, or seek disclosure of, information protected under a legally recognized privilege, unless the person holding such privilege has waived the privilege.

The investigator will be the first person to present evidence to the single decision-maker or hearing board.

The second person who may present evidence to the single decision-maker or hearing board is the complainant.

The third person who may present evidence to the single decision-maker or hearing board is the respondent.

After the investigator, the complainant, and the respondent have each had the opportunity to present evidence to the single decision-maker or hearing board, the single decision-maker or board will allow each of them to ask concluding questions of each other (directly or through an advisor as applicable). Finally, the single decision-maker or board will ask concluding questions of the investigator, the complainant, and the respondent.

The hearing will end after the concluding questions. The single decision-maker or hearing board will consider the prohibited conduct presented in the final investigation report. While presuming that the respondent is not responsible, the hearing board or single decision-maker will deliberate on the evidence presented at the hearing. The hearing board or single decision-maker will objectively evaluate all relevant evidence, including both inculpatory and exculpatory evidence, and will not base its credibility determinations on a persons status as a complainant, respondent, or witness.

Written impact or mitigation statements, if any, will be requested during hearing preparation but not considered until after a responsibility determination is made.

If a majority of the hearing board or single decision-maker agrees that a preponderance of the evidence compels the conclusion that respondent engaged in an act of prohibited conduct, it will find the respondent to be responsible.

(5) Hearing outcome and sanctions for students

Student respondent outcome:

If the single decision-maker or the hearing board finds a student respondent to be responsible for prohibited conduct, the single decision-maker or the hearing board will review any written impact or mitigation statements and deliberate and determine sanctions. The purposes of sanctioning are to end prohibited conduct (or other offenses); restore or preserve equal access to the universitys education program or activity; and promote the goals and objectives of this policy in a manner that supports the universitys educational mission and its duty under title IX. Sanctions may also be designed to promote safety, deter similar behavior, and promote university values.

Once the single decision-maker or the hearing board has made a finding as to each instance of prohibited conduct (or other offense) under consideration, and determined sanctions for a student respondent, it will set forth its outcome together with an explanation of the majoritys reasoning in a written determination and will submit it to the office of the dean of students within five business days of the conclusion of the hearing.

The written determination will include the following:

(a) Identification of the allegations potentially constituting prohibited conduct;

(b) A description of the procedural steps taken from the receipt of the formal complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and hearings held;

(c) Findings of fact supporting the determination;

(d) Conclusions regarding the application of this policy to the facts and a statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility;

(e) Any disciplinary sanctions the single decision-maker or hearing board imposes on the student respondend, and whether remedies designed to restore or preserve equal access to a BGSU education program or activity will be provided by the recipient to the complainant; and

(f) The procedures and permissible bases for the complainant and respondent to appeal.

The office of the dean of students will simultaneously provide a copy of the single decision-maker or hearing boards written determination to the complainant and respondent.

As noted in this paragraph, if the respondent is a student employee of the university, one of the sanctions imposed by the single decision-maker or hearing board may be a prohibition or limitation of university employment.

(6) Potential sanctions for student respondents

Potential sanctions include one or more of the following:

(a) Expulsion: termination of student status for an indefinite period;

(b) Suspension: full separation from the university for a specified period or until certain conditions are met;

(c) Disciplinary probation: A designated period during which the student is not in good standing with the university. Disciplinary probation may restrict student privileges and set specific behavioral expectations;

(d) No contact directive: restriction from entering specific campus areas and/or from all forms of contact with designated persons;

(e) Removal, suspension or transfer from designated university courses or activities for a specified period;

(f) Reasonable restitution to pay for or replace lost or damaged property;

(g) Educational program attendance: enrollment in and completion of one or more of the following: a class, workshop, training, or program that could appropriately help the respondent or the university community;

(h) Educational project: completion of a project designed to help the respondent understand why certain behavior was inappropriate and to prevent its recurrence;

(i) Employment restriction: the prohibition of or limitation on university employment;

(j) Transcript hold: placing a hold on transcripts, meaning that BGSU may prevent a student from registering, receiving a transcript, or both, until the student has complied with all other sanctions;

(k) Transcript notation and/or notice to other institutions (only in cases of suspension and expulsion): A notation of non-academic disciplinary action may be made on a transcript and/or BGSU may notify other institutions of non-academic disciplinary action;

(l) University housing change: placement in another room or housing unit or removal from university housing, which may be temporary or permanent depending on all the circumstances;

(m) Withholding or revoking a degree: BGSU may withhold conferring a degree or revoke a conferred degree due to a finding of responsibility of prohibited conduct when the student would have been suspended or expelled for the finding had the conduct process been completed prior to the awarding of the degree.

As noted in paragraph (L)(6)(i) of this rule, if the respondent is a student employee of the university, one of the sanctions imposed by the single decision-maker or hearing board may be a prohibition or limitation of university employment.

(7) Employee respondent outcome

If the single decision-maker finds an employee respondent to be responsible for prohibited conduct, the single decision-maker will review any written impact or mitigation statements and deliberate and determine sanctions. The purposes of sanctioning are to end prohibited conduct (or other offenses); restore or preserve equal access to the university's education program or activity; and promote the goals and objectives of this policy in a manner that supports the university's educational mission and its duty under title IX. Sanctions may also be designed to promote safety, deter similar behavior, and promote university values.

Once the single decision-maker has made a finding as to each instance of prohibited conduct (or other offense) under consideration, and determined sanctions for an employee respondent, it will set forth its outcome together with an explanation of the decision-maker's reasoning in a written determination and will submit it to the office of title IX within five business days of the conclusion of the hearing.

The single decision-maker will also provide a copy of the written determination to the employee's supervisor and the office of human resources (for classified and administrative staff employees) or the office of the provost (for faculty). Any further proceedings will take place in accordance with university policies and procedures and any applicable collective bargaining agreement and any disciplinary sanction will be imposed by the appropriate decisional authority.

The written determination will include all of the elements as outlined in paragraphs (L)(5)(a) to (L)(5)(f) of this rule.

(8) Potential sanctions for employee respondents

Potential sanctions include one or more of the following:

(a) Warning - verbal or written

(b) Performance improvement plan

(c) Enhanced supervision, observation, or review

(d) Required training or education

(e) Probation

(f) Denial of pay increase/pay grade

(g) Loss of job responsibilities

(h) Demotion

(i) Transfer or reassignment

(j) Delay of progress toward tenure

(k) Restriction of stipends or professional development resources

(l) Suspension with pay

(m) Suspension without pay

(n) Termination

(o) Other actions as deemed appropriate

(9) Appeals

(a) Basis for an appeal

The complainant and respondent each may appeal from a determination regarding responsibility and from the dismissal of a formal complaint or any allegations in it, on the following bases:

(i) Procedural irregularity that affected the outcome of the matter.

(ii) New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter.

(iii) The title IX coordinator, investigator(s), single decision-maker or a member or members of the hearing board had a conflict of interest.

(iv) Bias for or against complainants or respondents generally or the individual complainant or respondent that affected the outcome of the matter.

(b) Procedure on appeal

(i) Appeal of a dismissal

Either party may appeal the dismissal of the formal complaint or any of its allegations, by providing a written notice of appeal to the chief diversity and belonging officer within five business days of the date the written notice of the dismissal is provided.

A notice of appeal shall consist of a plain, concise, and complete written statement outlining the basis for appeal and all relevant information supporting the appeal. The chief diversity and belonging officer may impose page limits for all appeal statements.

The chief diversity and belonging officer will simultaneously provide the notice of appeal to the other party, who will have three business days to respond to that officer in writing. All appeal documents from each party will be considered together in the appeal. If an appeal contains new evidence that was not available at the time of the hearing, the new evidence will be provided to the other party along with notice of appeal.

(ii) Procedures for appeal of a dismissal decided by the chief diversity and belonging officer

The chief diversity and belonging officer will conduct the review of the appeal of a dismissal.

The scope of the review will be limited to the grounds for appeal that the appealing party identified in their appeal statement.

The chief diversity and belonging officer will consider only the following documents: the title IX coordinators written notice to the parties advising them of the dismissal and the reasons for it and the parties written appeal submissions.

The chief diversity and belonging officer may freely consult with the office of the dean of students, the office of general counsel, and other university administrators in deciding the appeal of the finding or the sanction.

The chief diversity and belonging officer may affirm the dismissal or reject it and send the matter back for further action. The decision of the chief diversity and belonging officer will be written and will describe the result of the appeal and the rationale for the result. The decision is final and unreviewable.

(iii) Appeal of the hearing determination

When a hearing determination has been made against a student respondent, both parties may appeal the single decision-maker or the hearing boards written determination by providing written notice to the office of the dean of students within five business days of the date the single decision-maker's or hearing boards written determination is provided to the parties.

When a hearing determination has been made against an administrative or classified employee, both parties may appeal the single decision-makers written determination by providing written notice to the chief human resources officer within five business days of the date the single decision-makers written determination is provided to the parties.

When a hearing determination has been made against a faculty employee, both parties may appeal the single decision-makers written determination by providing written notice to the provost (or designee) within five business days of the date the single decision-makers written determination is provided to the parties.

A notice of appeal shall consist of a plain, concise, and complete written statement outlining the basis for appeal and all relevant information supporting the appeal.

For purposes of this policy, the dean of students, the chief human resources officer, and the provost or designee are each an appellate officer and may impose page limits for all appeal statements.

The appellate officer will simultaneously provide notice of appeal to the other party, who will have three business days to respond to that office in writing. All appeal documents from each party will be considered together in the appeal. If an appeal contains new evidence that was not available at the time of the hearing, the new evidence will be provided to the other party along with notice of appeal.

(iv) Procedures for an appeal of the hearing determination

The appellate officer will conduct the review of the appeal of the hearing boards or single decision-maker's written determination.

The scope of the review will be limited to the grounds for appeal that the appealing party identified in their appeal statement. The appeal is not a rehearing.

The appellate officer will consider only the following documents: the hearing boards or single decision-maker's written determination, the recording of the hearing, the parties written appeal submissions, the sanctioning determination, and any impact or mitigation statements.

The appellate officer may freely consult with the title IX coordinator, the office of general counsel, and other university administrators in deciding the appeal of the finding or the sanction.

In deciding each issue on appeal, the appellate officer may do any of the following:

(a) Affirm the decision that was appealed;

(b) Reject the decision that was appealed and send the matter back to the hearing board or the single decision-maker for further action; or

(c) Modify the sanction

In an appeal of a notice of sanctions, if the sanctions are clearly inappropriate or disproportionate, the appellate officer will impose appropriate sanctions and provide a written explanation of the reasons for the action.

The appellate officer will seek to complete the review within ten business days after receiving all the appeal documents.

The decision of the appellate officer will be written and will describe the result of the appeal and the rationale for the result. The decision is final and unreviewable.

The appellate officer will simultaneously provide the decision to the parties.

(M) Informal resolution

Informal resolution is structured interaction between or among the parties affected by reported prohibited conduct. It is entirely voluntary. No party is required to participate in an informal resolution, it may not be offered unless a formal complaint is filed, and it cannot be used to resolve allegations that an employee sexually harassed a student or if a determination regarding responsibility has been made. Subject to the those conditions, an informal resolution process, such as mediation, can afford the parties an opportunity to reach their own agreed resolution without a full investigation and adjudication.

The goal of every form of informal resolution is to restore or preserve equal access to the universitys education program or activity in a way that meets the expressed preference of the complainant while serving the safety and welfare of the campus community.

(1) Informal resolution notice

If either party expresses an interest in an informal resolution, the title IX coordinator will first consult the other party. If the other party is willing to attempt alternative resolution, the title IX coordinator will provide a written notice to the parties including the following:

(a) The allegations;

(b) The requirements of the informal resolution process, including the circumstances under which it precludes the parties from resuming a formal complaint arising from the same allegations;

(c) A statement advising the parties that, at any time prior to agreeing to a resolution, any party has the right to withdraw from the informal resolution process and resume the formal resolution process with regard to the formal complaint;

(d) Any consequences resulting from participating in the informal resolution process, including the records that will be maintained or could be shared; and

(e) A signature line for each partys voluntary, written consent to the informal resolution process.

Because informal resolution is not appropriate in all situations, the title IX coordinator has discretion to determine when a case is appropriate for informal resolution. The title IX coordinator will keep records of all matters referred to informal resolution and review them to assess pattern or systemic behavior.

(2) Principles common to all forms of informal resolution

Because informal resolution is always voluntary, either the complainant or the respondent can ask the title IX coordinator to end it and refer the matter to the formal resolution process at any time.

BGSU will not compel a complainant or a respondent to engage in any form of informal resolution or to directly confront each other.

Upon request, any participating individual may be accompanied by an advisor.

Information given during informal resolution will be treated as private and confidential to the extent permitted by law. It will not result in any subsequent disciplinary action by the university unless required by law.

(3) Restorative justice principles

Informal resolution may include restorative justice principles that are designed to allow the respondent to accept responsibility for their misconduct and acknowledge harm to the complainant and/or the university community. A restorative justice form of informal resolution may only be used with the express consent of both parties, following a determination by the title IX coordinator that the matter is appropriate for that approach.

The circle of people affected by an act alleged to be prohibited conduct includes not only the complainant and the respondent but their friends and other members of the university community (who may also be witnesses), their families, and others.

It may be beneficial for the complainant and other affected persons to meet with a respondent who is willing to acknowledge the substance of the underlying events and who recognizes that harm was reported. Furthermore, structured interactions among the affected persons can facilitate long-term healing and reduce recidivism.

(4) When informal resolution options may be used

Before any form of informal resolution may be used, the title IX coordinator must have reviewed the matter and confirmed that it is appropriate for an informal resolution process. Informal resolution cannot be used to resolve an allegation that an employee sexually harassed a student. As part of the review, the title IX coordinator will ensure that the parties agreement to use informal resolution were each made without pressure or compulsion from others and that the parties were advised that they may withdraw from the process at any time. The time for completion of informal resolution may vary, but in all cases, BGSU will initiate action within thirty business days of the request.

(5) Agreement reached by informal resolution

If the parties voluntarily reach consensus as to the terms of an agreement through an informal resolution process, the agreement will be documented in writing and submitted to the title IX coordinator for review and approval.

The title IX coordinator will review the written agreement to ensure consistency with the universitys obligations under title IX.

If the title IX coordinator approves the agreement, the university will require the respondent to comply with it. Failure to comply may be submitted as a violation of the code of student conduct.

If no agreement is reached, the matter will be referred to the title IX coordinator for return to the formal resolution process.

(N) Remedies for the university community

Whether or not the university undertakes an investigation or any formal disciplinary action, the title IX coordinator may initiate specific remedial steps, such as:

(1) Having a university entity provide training to its staff or members;

(2) Continuing previously-established protective or supportive measures;

(3) Identifying whether there is a need for any additional or ongoing measures, supports, or remedies; and

(4) Revising university policies or practices.

(O) Records retention

BGSU will adopt a records retention schedule to retain the following records for a period of seven years:

(1) Each sexual harassment investigation including any determination regarding responsibility and any audio or audiovisual recording or transcript of a hearing, any disciplinary sanctions imposed on the respondent;

(2) Any remedies provided to the complaintant designed to restore or preserve equal access to any BGSU education program or activity;

(3) Any appeal and the result therefrom;

(4) Any informal resolution and the result therefrom;

(5) All materials used to train title IX coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process, which shall also be posted on a BGSU website; and

(6) Any actions, including any supportive measures, taken in response to a report or formal complaint of sexual harassment. In each instance, BGSU must document the basis for its conclusion that its response was not deliberately indifferent, and document that it has taken measures designed to restore or preserve equal access to each BGSU education program or activity. If BGSU does not provide a complainant with supportive measures, then it must document the reasons why such a response was not clearly unreasonable in light of the known circumstances. The documentation of certain bases or measures does not limit BGSU in the future from providing additional explanations or detailing additional measures taken.

(P) Policy review

This policy is maintained and administered by the office of title IX. The policy will be reviewed each year and updated as needed. The annual policy review will include an evaluation of any changes in legal requirements, existing university resources, and the cases resolved during the preceding year.

(Q) Annual report

The title IX coordinator will issue an annual report to the university community. The report will provide an overview of actions taken by the university in response to reports of prohibited conduct by students. All confidential details will be removed to comply with FERPA and respect the privacy of the parties involved. The report will be designed to inform the community of response efforts and engage it in education and prevention initiatives.

Equity impact statement: the policy has been assessed for adverse differential impact on members of one or more protected groups.

Last updated September 2, 2021 at 8:15 AM

Supplemental Information

Authorized By: 3345
Amplifies: 3345
Prior Effective Dates: 4/2/2020, 8/28/2020
Rule 3341-2-42 | Service animal and assistance animal policy.
 

(A) Policy statement and purpose

Bowling Green state university is committed to granting reasonable accommodations to its rules, policies, practices, or services when such accommodations may be necessary to afford people with disabilities an equal opportunity to use and enjoy their dwellings, as required by federal, state and local law. A reasonable accommodation may include a change or exception to a rule or policy that is needed because of a persons disability, or it may be a physical change to a unit or common area. It is Bowling Green state universitys general policy to provide reasonable accommodations to individuals with disabilities whenever an individual has a disability and there is a disability-related need for the requested accommodation. A disability-related need for a requested accommodation exists when there is an identifiable relationship, or nexus, between the requested accommodation and the individuals disability. Bowling Green state university will permit the use of a service animal by an individual with a disability. One other common type of reasonable accommodation may be allowing a person with a disability to keep an assistance animal in their university housing dwelling unit. The policy below discusses the procedures regarding these topics.

(B) Policy definitions

(1) Service dog/service animal

A dog, as described in 28 CFR 35.104, that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Under the particular circumstances and conditions set forth in 28 CFR 35.136, a miniature horse may also qualify as a service animal. The crime deterrent effects of an animal's presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of this definition. This policy generally refers to service animals as "service dogs."

(2) Assistance animal in university housing

An assistance animal (also known as an "emotional support animal") is an animal that provides comfort to an individual with a disability within that individuals dwelling unit in university housing. An assistance animal may be a reasonable accommodation if, upon the recommendation of a reliable third party (such as a doctor, physician assistant, psychiatrist, psychologist, or social worker) who is familiar with the individuals disability and the necessity for the requested accommodation, it will assist the individual with their disability and is necessary to afford that individual an equal opportunity to use and enjoy their residence at the university. An assistance animal does not assist a person with a disability with activities of daily living but rather its role is to live with the person and alleviate the symptoms or effects of that persons disability. The process for requesting an assistance animal is outlined in paragraph (C)(7) of this policy.

(3) Handler

A handler is the person who is responsible for controlling an assistance animal or service animal.

(4) Service dogs in training

A service dog in training is a dog that is in training to assist a blind person, a deaf or hearing-impaired person, or a mobility-impaired person.

Handlers of service dogs in training are afforded the same rights as the handlers of fully-trained service dogs. This means that service dogs in training may attend class, accompany trainers to dining facilities, and take part in other campus activities. All service dogs in training are required to have insurance through their sponsoring non-profit special agency. Puppy raising, fostering and socialization activities are not considered training. Questions about service dogs in training can be directed to accessibility services.

(5) Pet

A pet is an animal, other than a fish, that is not a service dog or an assistance animal. Pets are not allowed in university residence halls.

(C) Policy

(1) Service dogs

Service dogs are trained to do work or perform a task for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. The work or task must be directly related to the individuals disability. Examples of work or tasks include, but are not limited to, assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing non-violent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities, and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors. If they meet this definition, dogs are considered service dogs.

University personnel shall not ask about the nature or extent of a persons disability, but may make two inquiries to determine whether a dog qualifies as a service dog (unless the dogs service training and duties are readily apparent). They may ask if the dog is required because of a disability and what work or task the dog has been trained to perform. Documentation, such as proof that the dog has been certified, trained, or licensed as a service dog is not required.

Students, faculty, staff and visitors are allowed to bring service dogs onto BGSU property. A university employee may be accompanied by their service dog whenever they are acting within the scope of their employment. Service dogs are permitted to safely accompany a person with a disability in any public space, unless the dogs presence would compromise a sterile environment or otherwise fundamentally alter the nature of a university service, program, or activity. Service dogs may attend class, visit the dining halls, and take part in other campus activities. An accommodation through accessibility services is not required for a service dog.

Service dogs should be regarded as working and should not be treated as or referred to as pets.

(2) Service dogs in training

Handlers of service dogs in training are afforded the same rights as the handlers of fully-trained service dogs. This means that service dogs in training may attend class, accompany trainers to dining facilities, and take part in other campus activities. All service dogs in training are required to have insurance through their sponsoring non-profit special agency and to provide proof of that insurance to accessibility services. Questions about service dogs in training can be directed to accessibility services.

(3) Code of conduct

(a) A service dog must be under the control of its handler at all times. A service dog shall have a harness, leash, or other tether, unless either the handler is unable because of a disability to use a harness, leash, or other tether, or the use of a harness, leash, or other tether would interfere with the dogs safe, effective performance of work or tasks, in which case the service dog must be otherwise under the handlers control (e.g., voice control, signals, or other effective means).

(b) Service dogs must be immunized according to section 90.17 of Bowling Green code of ordinances. Additionally, the service dog must be in good health. Handlers may be asked to leave a classroom, office or other university property if their service dog is visibly ill or becomes ill.

(c) The service dog must be clean. Temporary un-cleanliness due to weather conditions is understood.

(d) BGSU is not responsible for providing food, water, health care, supervision or shelter for a service dog or assistance animal.

(e) The handler of a service dog or assistance animal is responsible for cleaning up the animals waste, and should carry appropriate equipment for that purpose. Waste must be bagged and discarded in waste receptacles located outside of the residence halls.

(f) The handler of a service dog or assistance animal must assure the animal doesnt interfere with the daily routine or activities (ability to sleep, enter or exit the hall, study, etc.) of others. A person with a disability may be asked to remove their service dog or assistance animal from the premises if the animal is out of control and the handler does not take effective action to control it (for example, a dog that barks repeatedly during a class) or if the animal is not housebroken.

(g) An individual with a disability is not required to:

(i) Pay a surcharge, even if people accompanied by pets are required to pay fees, or

(ii) Comply with requirements applicable to pets. But if other individuals are charged for the damage they cause, an individual with a disability may be charged for damage caused by his or her service dog or assistance animal.

(4) Interacting with service dogs and service dogs in training

(a) Allow a service dog or service dog in training to accompany the handler everywhere at all times on BGSU property, unless a specific area is deemed off limits.

(b) Do not pet a service dog or a service dog in training without the permission of the handler as this may distract the animal from the task at hand.

(c) Do not feed a service dog or service dog in training.

(d) Do not separate or attempt to separate a service dog or service dog in training from their handler.

(e) In general, allergies or fear of dogs are not sufficient reasons for denying access to people using service dogs. Most allergies to animals are caused by direct contact with the animal. A separate space may be adequate to avoid allergic reactions. Service dog access should not be denied without consultation with accessibility services.

(f) The service dog or service dog in training must be under the handlers control at all times. It may be appropriate to ask the handler to remove the dog from the premises if the dog is not under control of the handler (e.g. excessive barking, poses a threat to the safety of others, etc.).

(g) Emergency situations

If university personnel are aware that a service dog or assistance animal is present when an emergency occurs, then they will notify the responding emergency personnel that an animal is present with a handler who is disabled. University personnel will relay information concerning the type of animal.

In the event of an evacuation or other calamity, emergency personnel may try to rescue both the handler and the animal. The animal may have to be left behind in some circumstances.

(5) Service dogs in laboratory settings

These guidelines are intended to ensure the safety of both handlers and service dogs within the laboratory environment. Because hazardous chemicals, open flames, glassware, and electrical equipment pose unique risks, accessibility services recommends the following precautions:

(a) Alternative seating at the end of benches or using gates, pens, or kennels (for kennel-trained service dogs) may be appropriate. Handlers should be permitted to keep the service dog as close as is safe for the handler and the dog. Handlers may wish to visit the lab in advance of the class to familiarize themselves and their dog with the layout of the lab, as well as the smells and sounds of the lab.

(b) Service dogs entering laboratories must be similarly protected as is expected of the student to prevent exposure to hazardous chemicals, broken glass or other hazards that might be present in the laboratory environment. This equipment would be provided by the handler and includes disposable or reusable boots to cover the feet, eye protection, and/or lab coats. accessibility services recommends disposable, plastic-backed, absorbent lab paper or pet pads for the dog to lie on rather than direct contact with the floor. If appropriate protective equipment is not provided, the service dog may not be permitted into the lab.

(c) Service dogs in labs are expected to maintain the same level of appropriate behavior as in other university settings. This includes no jumping, barking unless in the proper context, growling, or interfering with lab activities. Interaction with the dog is by permission of the handler and may only be permitted outside of the laboratory.

(d) Service dog access can be restricted if the presence of the dog can interfere with the outcomes of the experiments or if substances used can be hazardous to a dog. Service dog access should not be denied without consultation with accessibility services. Accessibility services will facilitate an interactive dialogue to determine what other reasonable accommodation could be provided.

(6) Safety restrictions

(a) There are instances when a service dog may be restricted because places of public accommodation may impose restrictions if these are based on safety requirements.

In determining whether reasonable accommodation can be made to allow a service dog into a specific facility, the following factors for consideration are permissible:

(i) The type, size, and weight of the dog and whether the facility can accommodate these features;

(ii) Whether the handler has sufficient control of the dog;

(iii) Whether the dog is housebroken; and

(iv) Whether the dogs presence in a specific facility compromises legitimate safety requirements necessary for safe operation.

(b) If a service dog is properly excluded, the individual with a disability shall be provided the opportunity to obtain goods, services, and accommodations without having the dog on the premises. There may be restrictions to service dogs in the clinical practica of nursing and health science programs, in food services programs, or in laboratories that can pose a safety risk. Allergies and fear of animals are generally not valid reasons for denying access or refusing service to people with service dogs. Any contemplated denial or refusal must be considered on a case-by-case basis. In such instances, accessibility services will facilitate an interactive dialogue to determine what other reasonable accommodation could be provided.

(7) Assistance animals living in university housing

(a) An assistance animal is an accommodation granted through accessibility services for students in residential housing, and any student needing an assistance animal must complete the accessibility services process. An assistance animal is restricted to the residence hall unit of the individual except to the extent the individual takes the animal outside for natural relief. When taking the animal outside of the residence hall unit, the animal must be in a carrier or controlled by a leash or harness. An assistance animal is not permitted in any university facilities other than the residence hall unit in which the handler is assigned.

(b) Requesting an assistance animal

Although it is the policy of BGSU that individuals are generally prohibited from having animals other than fish in any type of university housing, accessibility services will consider a request by an individual with a disability for a reasonable accommodation from this prohibition to allow an assistance animal. However, no assistance animal may be kept in university housing until the individual has received approval of that animal as a reasonable accommodation pursuant to this policy.

A resident wishing to request an assistance animal should follow accessibility services general procedures for requesting an accommodation. accessibility services may require a statement from a reliable third party indicating that the resident has a disability and that the animal would provide emotional support or other assistance that would ameliorate one or more symptoms or effects of the disability.

BGSU, in consultation with the resident (and other parties, as appropriate), may consider the criteria below in determining whether the presence of the animal is reasonable in the making of a housing assignment for an individual with an assistance animal:

(i) Whether the animal poses or has posed in the past a direct threat to the individual or others;

(ii) Whether the animal causes or has caused excessive damage to housing beyond reasonable wear and tear;

(iii) Whether the size of the animal is too large for available assigned housing space;

(iv) Whether the animal's presence would force another person from individual housing (e.g., due to conflicting disability accommodation needs) and that person was assigned to the housing before the resident with a disability-related animal accommodation;

(v) Whether the animal's presence violates individuals' right to peace and quiet enjoyment; and

(vi) Whether the animal is housebroken or is unable to live with others in a reasonable manner.

A resident wishing to request an assistance animal must provide written consent for accessibility services to disclose information regarding the request for and presence of the assistance animal to those individuals (including, but not limited to, university personnel and each potential and/or actual roommate or neighbor) who may be impacted by the presence of the animal in university housing. The disclosure shall be limited to information related to the animal and shall not include information related to the individuals disability. BGSU reserves the right to assign an individual with an assistance animal to a single room without a roommate.

(c) Removal of an approved assistance animal

The office of residence life, in consultation with accessibility services, may remove an assistance animal if:

(i) The animal poses a direct threat to the health or safety of others;

(ii) The animal causes substantial damage to the property of others (including university property);

(iii) The animals presence requires or results in a fundamental alteration of a program;

(iv) The handler consistently fails to comply with this policy; or

(v) The animal or its presence creates an unmanageable disturbance or interference with the university community.

Any removal of an assistance animal may be appealed through the student conduct appeal procedure.

Supplemental Information

Authorized By: 3345
Amplifies: 3345
Rule 3341-2-43 | Student conduct process involving medical amnesty.
 

(A) Policy statement and purpose

Student health and safety is a substantial university interest. Abuse and overconsumption of alcohol or other legal and illegal substances is a serious and worsening national problem. The universitys interest in promoting student health and safety is furthered by encouraging students to seek and obtain prompt medical assistance for themselves or another who is in distress from the abuse of alcohol or other substances. The universitys interest is also furthered by removing obstacles to obtaining prompt medical assistance for a person in distress from alcohol or substance abuse.

(B) Policy

(1) A currently enrolled BGSU student who in good faith seeks or obtains medical assistance (e.g. by calling 911) for themselves or for another person for the overconsumption of alcohol or for a drug overdose shall not be charged with a violation of the BGSU student code of conduct in connection with the possession or consumption of alcohol or drugs if all of the following apply:

(a) The information that would be the basis of the code of student conduct alcohol, drug or other offense was obtained as a result of a BGSU student seeking medical assistance for themselves or another person for the overconsumption of alcohol or a drug overdose.

(b) Under the supervision of the office of the dean of students, the BGSU student: accepts responsibility for the misconduct; obtains an alcohol and drug assessment at the BGSU counseling center; complies with a referral for treatment from a university or community alcohol or drug abuse services provider or a properly credentialed substance abuse or addiction treatment professional; and completes any educational interventions required by the office of the dean of students.

(c) The BGSU student who obtains an assessment and receives a referral for treatment under the preceding sub-section of this policy, upon the request of the office of the dean of students, submits documentation to the office of the dean of students that verifies that the BGSU student satisfied the requirements of that sub-section.

(d) The student has not previously asserted this policy in defense of another alcohol or drug incident.

(e) The student is in good disciplinary standing with the university.

(2) This policy does not prevent BGSU from notifying students parents/guardians about the incident because family members can provide additional support for students.

(3) This policy applies only to disciplinary actions under the BGSU code of student conduct and does not apply to limit any law enforcement agency, including the BGSU police department, from investigating or prosecuting criminal activity in accordance with state and federal law.

(4) This policy does not preclude any disciplinary actions regarding other university violations such as endangering, threatening, or attempting to cause physical harm to another individual; sexual misconduct; relationship violence; damage to property; theft; and hazing.

(C) Student organizations

If a representative of a BGSU-recognized student organization seeks medical assistance under this policy, that act will be considered as a mitigating factor in determining a sanction if the organization is found in violation of the BGSU code of student conduct in connection with the occurrence.

(D) Determination of policy application

Whether all the conditions of this policy have been satisfied shall be in the sole sound discretion of the office of the dean of students. When circumstances warrant, the office of the dean of students may waive compliance with paragraphs (B)(1)(d) and (B)(1)(e) of this policy.

A student who fails to successfully satisfy all the conditions of this policy, including any required educational interventions, will be referred for adjudication through the code of student conduct for the original incident.

(E) Appeal

A student who has been denied the defense afforded by this policy may appeal that decision to the dean of students with five business days of the decision. The deans decision shall be final.

Supplemental Information

Authorized By: 3345
Amplifies: 3345
Rule 3341-2-44 | Student organization travel.
 

(A) Policy statement and purpose

The Bowling Green state university (BGSU) student organization travel policy is designed to ensure that university departments, recognized student organizations, and individual travelers adequately consider and plan for the safety issues associated with an event, activity, and/or class involving travel. This policy establishes guidelines for university sponsored travel involving student organizations.

(B) Policy

Student organization travel policy

In addition to complying with the universitys student travel policy, the following protocols apply to travel conducted by recognized student organizations.

(1) Trip coordinator

One member of the travel group must serve as the trip coordinator, including completion of trip coordinator training as provided by the office of the dean of students. Trip coordinators must be currently enrolled students at the university.

(2) Advisor participation

Upon review of the registration form, the designated staff member will determine if the presence of a travel advisor is required. If a travel advisor is required to travel with the group, the travel costs for the travel advisor will be paid from a special account designated for advisor travel and provided by the office of the dean of students. If a travel advisor is not required to attend, the advisor of record, as listed on the student organization registration form, must sign off on the trip registration form.

(3) Transportation requirements

Bowling Green state university has established transportation requirements as determined by the office of risk management. All of these related policies can be found on the risk management web page (www.bgsu.edu/risk-management.html.) Additionally, all travel participants are required to follow the transportation requirements summarized below as set forth by the office of risk management. Compliance with these items is required. These transportation requirements apply to travel by car or minivan but do not apply to travel by air or charter bus.

(a) Driver requirements

(i) All drivers must be at least eighteen years of age and have a valid drivers license.

(ii) Drivers must obey all traffic laws, including seat belt use. If failure to obey traffic laws results in a ticket, the driver is responsible for any fines, including parking tickets.

(b) Rental vehicles

Renting vehicles from university-approved rental car vendors is an accepted practice. Drivers must be at least twenty-one years of age.

(c) University-owned vehicles

Only licensed drivers who are at least eighteen years of age may drive a university-owned car or minivan. All drivers of university vehicles must consent to a motor vehicle record check annually to verify the driver meets the accepted criteria in order to drive.

(d) Personal vehicles

The use of personal vehicles is strongly discouraged because the institution lacks control over the condition, maintenance and insurance coverage on personal vehicles. Only licensed drivers who are at least eighteen years of age may drive a car or minivan.

(e) Large passenger vans

Because large passenger vans pose a special risk, students are prohibited from driving or riding in a vehicle with seating for more than eight individuals.

(f) Insurance

When using university-owned vehicles, the university provides all necessary liability and physical damage coverage. When using rented vehicles, insurance may be provided by the rental company. When using personal vehicles, insurance is the responsibility of the owner of the vehicle. The university is unable to reimburse the vehicle owner for any accident-related repairs or payment of deductibles, and personal vehicle owners are expected to carry automobile liability insurance in an amount sufficient to cover any property damage or liability loss and be responsible for the payment of their own deductible including the defense of any claim.

(4) Driving requirements

(a) Travel routes must be planned in advance

(b) Student organization leaders and trip coordinators are encouraged to select drivers who have at least two years of licensed driving experience free of any court-imposed restrictions.

(c) Two drivers are required on trips greater than two hundred fifty miles one-way.

(d) On trips over two hundred fifty miles one-way, drivers must rotate every three hours and no one person may drive more than eight hours in a twenty-four hour period.

(e) Drivers are responsible for knowing and following all motor vehicle laws and safety regulations for each state in which travel occurs.

(f) The use of a cell phone, including text messaging, is prohibited for drivers while driving. Hands-free sets are also prohibited for drivers while driving.

(g) The number of passengers may not exceed the number of available seat belts. All passengers are required to wear a seatbelt at all times.

(h) Passengers may not engage in any behavior that would distract the driver.

(i) Transporting minors unless accompanied by a parent or guardian is prohibited except in situations when the minor is a registered BGSU student younger than age eighteen.

(j) If drivers are participating in events and driving on the same day, then drivers should rotate on a more frequent basis to avoid fatigue.

(k) Driver fatigue is greater between the hours of midnight and six a.m. Drivers must use extreme caution when operating a vehicle during this time. A second person should remain awake and ride in the front passenger seat.

(5) Inclement weather

(a) When planning the travel route, check the forecast to see if inclement weather is predicted.

(b) During inclement weather, travel safety should follow guidelines set forth by the national weather service. Drivers should contact local law enforcement to determine the best course of action based on driving conditions.

(c) During inclement weather, drivers are to use extreme caution.

(d) When driving in treacherous weather and conditions are deemed dangerous or unsafe, immediately cease all travel and find the nearest shelter or hotel.

(e) The university will defray the cost of an overnight stay if bad weather impedes the safe return to campus. Permission to seek extended stays due to weather conditions is initiated through contact with the university police (if after normal business hours) at 419-372-2346.

(6) Behavioral expectations

(a) All participants who are defined as BGSU students are accountable to the BGSU code of student conduct throughout the duration of the trip.

(b) Being under the influence, or in possession of alcohol or drugs in conjunction with the trip and throughout its duration, is prohibited regardless of the age of the student participant, unless otherwise approved, regardless of the local drinking age. This applies from the moment of departure from campus until the return to campus, or at the moment the student participant disaffiliates from the approved travel arrangements.

(c) If the driver becomes aware of alcohol and/or drug consumption and/or possession, the driver should stop the vehicle and request that these substances be removed from the vehicle before the trip is continued. Failure of any passenger(s) to comply will cause immediate cancellation of the trip. Individuals as well as the student organization will be held accountable to the policies set forth in the BGSU code of student conduct.

(d) Smoking is prohibited inside any university-owned or rented vehicle.

(e) The transport of hitchhikers or any unauthorized passengers is prohibited.

(f) Use of other than a compact-size trailer is prohibited without approval.

(g) Students are encouraged to report reckless or irresponsible driving by other student participants so that appropriate safety measures can be taken for future trips.

(h) Driving in a foreign country poses extraordinary risks that may necessitate the purchase of special insurance. It is important to consult with the office of campus activities prior to traveling in a vehicle that crosses the border into another country outside the United States.

(i) All trip participants are ambassadors of Bowling Green state university and as such must represent the university in a positive light. Alleged violations of the BGSU code of student conduct will be referred to the office of the dean of students for investigation and resolution. BGSU students and the sponsoring organization are responsible for the behavior of non-BGSU students participating in the trip

(7) Monetary guideline

Any person or organization using university funds for travel must comply with the expenditure guidelines established by the Bowling Green state university office of the treasurer.

(8) Exemptions

Requests for exemptions to any of the aforementioned policies are subject to approval by the dean of students or designee.

Supplemental Information

Authorized By: 3345
Amplifies: 3345
Rule 3341-2-45 | Bowling Green state university freedom of expression.
 

(A) Policy statement and purpose

Read not to contradict and confute, nor to believe and take for granted, but to weigh and consider. Francis Bacon, of studies, inscribed on the north faade of the McFall center, Bowling Green state university.

Bowling Green state university (BGSU) exists to create and share knowledge, promote open debate and dialogue, and be a place where multiple views and perspectives can be weighed and considered. So essential are these principles to BGSU that words affirming them were carved in stone on the faade of the universitys first dedicated library building.

BGSU is a community of learners and teachers. The university strives to ensure that members of our community feel valued and respected and have a shared responsibility to maintain and promote an environment of civil discourse and mutual respect. At times, the university must allow speech on our campuses that may not align with our values of fostering a campus environment of diversity and inclusion. As a public university, we are committed to freedom of expression and the rights protected by the First Amendment.

The purpose of this policy is to affirm the universitys commitment to free expression and to provide a resource for students, faculty, staff and visitors. An FAQ has been developed to provide additional context including definitions of legal terms.1 The university of Chicago statement on principles of free expression informs this policy and BGSU acknowledges and appreciates the work of the statements authors.2

(B) Policy scope

This policy applies to all students, student organizations, faculty, staff and visitors concerning expressive activities that take place on BGSU property (owned, leased, or controlled premises), at BGSU-sponsored events, and in connection with a BGSU-recognized program or activity.

This policy shall not be construed to impair any right or activity, including speech, protest, or assembly protected by the U.S. Constitution.

Nothing within this policy shall be interpreted as preventing BGSU from restricting expressive activities that the First Amendment of the U.S. Constitution or Article I, Sections 3 and 11 of the Ohio Constitution does not protect. Further, nothing in this policy shall be interpreted as restricting or impairing the universitys obligations under federal law including, but not limited to, Title IV of the Higher Education Act of 1965, Title VI of the Civil Rights Act of 1962, Title VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, Title II of the Americans With Disabilities Act, Age Discrimination in Employment Act and the Age Discrimination Act of 1975 as addressed through its non-discrimination and Title IX policies.

(C) Definitions

(1) Student means any person who is enrolled on a full-time or part-time basis at BGSU.

(2) Student organization means an officially recognized student organization or a group of students seeking official university recognition as a student organization.

(3) Expressive activities mean any lawful verbal, written, audiovisual, or electronic/digital means by which individuals may communicate ideas, including all forms of peaceful assembly, protests, speeches, distribution of literature, carrying and displaying signs, and circulating petitions.

(D) Time, place, and manner limitations on expression and the avoidance of disruption

(1) The university welcomes a robust exchange of ideas and acknowledges that this will include protests, marches, demonstrations, petitioning, leafletting, chalking, and other expressions that will take place in outdoor spaces. When conducted on university property these activities are subject to two categories of university regulation:

(a) Rules prohibiting activities that substantially and materially disrupt university operations; and

(b) Rules that regulate the time, place and manner of expressive activities.

The university has both types of rules. The precise application of these rules varies depending on the nature of the university space. The rules must always be content-neutral, reasonable, and allow for numerous alternative methods of expression. These rules are to be applied narrowly and never in a manner that is inconsistent with the universitys core commitment to the free and open exchange of ideas.

(E) Assembly and expressive activities

(1) BGSU strives to support any individual or group who endeavors to engage in expressive activities while undertaking the responsibilities that come with exercising these rights. Some of the responsibilities associated with these rights include ensuring that:

(a) University operations are not substantially and materially disrupted

(b) Building entries and exits, walkways, and roadways remain accessible

(c) An expressive activity does not prevent campus community members from being able to move freely about campus

(d) The use of signs, banners, and display boards do not impede university operations

(e) There is no destruction to property or harm to persons

(f) The expressive activity does not violate any laws

(g) The expressive activity complies with university policies

(h) The expressive activity does not pose a true threat to persons or the community

(i) The expressive activity does not constitute harassment, as specifically defined in paragraph (I) of this rule, against a specific individual/group that unreasonably interferes with that individuals/groups educational experience

(j) The expressive activity does not endanger the physical safety of others

(2) In order for the university to best assist in meeting these responsibilities, we encourage organizers to inform us of planned expressive activities. Prior to sponsoring a rally, demonstration, march, or other group event, the organization or individual coordinating the activity is encouraged to complete the space reservation process two business days in advance through the main campus office of conference & event services or the office of budget and operations for the firelands campus. Advance notice enables the university to help ensure the activity takes place in a safe manner and support for the activity is identified, if needed.

(3) Demonstrations, marches, and non-university invited speakers may not be in campus buildings, or obstruct or disrupt any university operations. In the past, non-university affiliated speakers have used the following areas for demonstrations, marches and similar expressive activities:

(a) Bowen-Thompson student union, oval

(b) Education building steps

(c) Education/business administration/library lawn (Carillon park)

(d) Thompson quadrangle

(e) Math science lawn

(f) Oaks/McDonald lawn

(4) Expressive activities are not confined to the outdoor locations listed in this policy above and may take place elsewhere in accordance with this policy.

(F) Space and facilities reservations

So as not to interfere with its mission and operation, without regard to view-point and content of expressive activities, the university has the right to determine the time, place and manner its spaces and facilities can be used. The use of university facilities and grounds must conform to the following university policies and to local, state and federal laws. Use of campus grounds must comply with the provisions on "space and facilities reservations including use of campus grounds." See rule 3341-6-42 of the Administrative Code: https://www.bgsu.edu/content/dam/BGSU/generalcounsel/documents/space-and-facilities-reservations-including-use-of-campus-grounds.pdf.

(G) Use of amplification equipment

Use of amplification equipment must be in accordance with regulations as stated in the sound amplification policy. See rule 3341-6-03 of the Administrative Code: https://www.bgsu.edu/content/dam/BGSU/general-counsel/documents/amplified-sound-policy.pdf.

(H) Temporary structures

No temporary structure may be erected on campus grounds without prior written approval. See paragraph (C) of rule 3341-6-42 of the Administrative Code: https://www.bgsu.edu/content/dam/BGSU/general-counsel/documents/space-and-facilities-reservations-including-use-of-campus-grounds.pdf.

(I) Free speech and harassment

Section 3345.0212 of the Revised Code requires each public university in Ohio to adopt a policy on harassment that is consistent with and adheres strictly to the definition of harassment in section 3345.0122 of the Revised Code.

The university believes that the right of expression is as necessary as the right of inquiry and that both must be preserved as essential to the pursuit and dissemination of knowledge and truth. However, the universitys commitment to freedom of expression does not extend to harassment. Under section 3345.0122 of the Revised Code, harassment is defined as conduct and/or expression that is:

(1) Not protected by the First Amendment to the United States Constitution or Article I of the Ohio Constitution ("Unprotected Expression");

(2) Unwelcome; and

(3) So severe, pervasive, and objectively offensive that it effectively denies an individual equal access to the individual's education program or activity.

Expression (either in person, in writing or by telecommunication) must meet all three elements to be actionable under this policy.

Some harassment as defined in this policy may also rise to the level of a crime (e.g. a true threat, child pornography) and should be reported to the BGSU police department. For emergencies call 911 and for non-emergencies call (419) 372-2346.

(J) Reporting violations

Alleged violations of this policy should be reported to the office of the dean of students. Reports may be submitted via "See It. Hear It. Report It." or by call the office during business hours at (419) 372-2843.

(K) Compilation of relevant policies

Following are URLs to the university policies most relevant to expressive activities.

(1) Faculty and academic freedom

(a) Article I: "The Basic Principles of BGSU Academic Charter," rule 3341-1-08 of the Administrative Code: https://www.bgsu.edu/content/dam/BGSU/ general-counsel/documents/ Academic-Charter.pdf.

(b) Article 9, "Collective Bargaining Agreement." https://www.bgsu.edu/content/dam/BGSU/provost/documents/policies-guidelines/cba-2-updated-article-38-.pdf.

(c) Policy on university libraries collection policies, see paragraph (B)(5)(c) of rule 3341-3-60 of the Administrative Code: https://www.bgsu.edu/content/dam/BGSU/ general-counsel/documents/University-Libraries-Collection-Policies.pdf.

(2) Commercial solicitations on university property is governed by the university policy on solicitation, see rule 3341-5-25 of the Administrative Code: https://www.bgsu.edu/content/dam/BGSU/general-counsel/documents/ Solicitation.pdf

(3) Students and student organizations

(a) Student rights and responsibilities

See rule 3341-2-37 of the Administrative Code: https://www.bgsu.edu/content/dam/ BGSU/general-counsel/documents/Student-Rights-and-Responsibilities-Policy.pdf

(b) Advertisements and postings

This university policy addresses the display of posters, notices, handbills, fliers, banners, yard signs, chalking, and other forms of posting. See rule 3341-2-02 of the Administrative Code: https://www.bgsu.edu/content/dam/BGSU/general-counsel/ documents/Advertisement.pdf

(c) Guest speakers

The university encourages student organizations and university departments to invite speakers to our campuses. Recognized student organizations and university departments must comply with all university policies regarding the reservation of space for non-university affiliated speakers in order to assure orderly calendaring and appropriate support to facilitate the event.

The policy and procedure for student organizations inviting guest speakers to campus is rule 3341-2-16 of the Administrative Code: https://www.bgsu.edu/content/dam/BGSU/generalcounsel/ documents/Guest-Speakers.pdf

(d) Event management

The event management policy governs student organizations and the provision of security for campus events. See rule 3341-2-11 of the Administrative Code: https://www.bgsu.edu/content/dam/BGSU/general-counsel/ documents/Event-Management.pdf.

(e) Prohibited conduct

The prohibited conduct policy provides for student discipline relating to, among other things, the disruption or obstruction of teaching; communications that are intended to threaten, harass or injure a person; harassment; hazing; demonstrations; riots; and disorderly conduct. See rule 3341-2-28 of the Administrative Code: https://www.bgsu.edu/content/dam/BGSU/general-counsel/documents/Prohibited-Conduct.pdf.

(f) Student political activity

Student participation in political activity is protected expressive activity. Such activity must be conducted in such a way as to not state or imply the universitys endorsement or opposition to any candidate or ballot initiative. See rule 3341-2-27 of the Administrative Code: https://www.bgsu.edu/content/dam/BGSU/ general-counsel /documents/Political-Campaigning.pdf

(4) Workplace

(a) Non-discrimination, equal protection

Discrimination, including the harassment of any person based on a protected status, is prohibited and contrary to the universitys core values.

Rule 3341-5-33 of the Administrative Code: https://www.bgsu.edu/content/dam/BGSU/general-counsel/ documents/Anti-Harassment.pdf.

Rule 3341-5-36 of the Administrative Code: https://www.bgsu.edu/content/dam/BGSU/general-counsel/ documents/Racial-and-Ethnic-Harassment.pdf

Rule 3341-5-38 of the Administrative Code: https://www.bgsu.edu/content/dam/BGSU/general-counsel/ documents/Sexual-Harassment.pdf.

(b) Safe workplace

Rule 3341-5-28 of the Administrative Code: https://www.bgsu.edu/content/dam/BGSU/general-counsel/ documents/Violence-in-the-Workplace.pdf.

(c) Lobbying on behalf of the university

Rule 3341-5-08 of the Administrative Code: https://www.bgsu.edu/content/dam/BGSU/general-counsel/ documents/Contact-with-State-Federal-Agencies.pdf

(L) Footnotes

(1) https://www.bgsu.edu/dean-of-students.html

(2) https://freeexpression.uchicago.edu/page/statement-principles-free-expression

Last updated July 8, 2021 at 8:33 AM

Supplemental Information

Authorized By: 3345
Amplifies: 3345
Prior Effective Dates: 12/3/2018
Rule 3341-2-46 | Clean air and smoking policy.
 

(A) Policy statement and purpose

Bowling Green state university is dedicated to promoting a healthy and comfortable environment for students, faculty, staff and visitors. To meet this commitment, smoking and the use of electronic cigarettes is limited. Research shows tobacco use, in general, constitutes a significant health hazard. The policy is designed to educate the community and reduce exposure to secondhand smoke and to help reduce tobacco use among students, faculty and staff. This policy will be communicated to visitors and members of the BGSU community by appropriate signage located throughout campus. This policy will be reviewed as needed, and should not be construed as constraining academic research by the faculty into matters associated with smoking.

(B) Policy definitions

(1) Smoking: defined as inhaling, exhaling, burning, or carrying any lighted cigar, cigarette, pipe, or other lighted smoking device for burning tobacco or any other plant, per section 3794.01 of the Revised Code.

(2) Electronic cigarette (e-cigarette): defined as any electronic product or vaporizing device that delivers nicotine or any other substance to the person inhaling from the device to simulate smoking and that is likely to be offered to or purchased by consumers as an electronic cigarette (including vaping device), electronic cigar, electronic cigarillo, or electronic pipe, per division (A)(6)(a) of section 2927.02 of the Revised Code.

(3) Facilities owned or leased by Bowling Green state university and grounds of any property owned or leased by the university: includes all buildings owned or controlled by Bowling Green state university, shelters, indoor and outdoor athletic facilities, indoor and outdoor theatres, walkways, sidewalks, residence halls, and parking lots (unless otherwise designated).

(C) Policy

(1) Clean air and smoking policy

Smoking is prohibited in all facilities owned or leased by Bowling Green state university and on the grounds of any property owned or leased by the university. Smoking is defined as inhaling, exhaling, burning, or carrying any lighted cigar, cigarette, pipe, or other lighted smoking device for burning tobacco or any other plant, per section 3794.01 of the Revised Code. In addition, smoking includes the use of any electronic product or vaporizing device that delivers nicotine or any other substance to the person inhaling from the device to simulate smoking. This includes all buildings owned or controlled by Bowling Green state university, shelters, indoor and outdoor athletic facilities, indoor and outdoor theatres, walkways, sidewalks, residence halls, and parking lots (unless otherwise designated). Smoking is prohibited on sidewalks that adjoin university property. Smoking is also prohibited in any vehicle or equipment owned, leased or operated by Bowling Green state university. Application of this policy to university owned detached single family residences shall be determined by university facilities at the time any such lease is executed.

This policy should not be construed as constraining academic research by the faculty into matters associated with smoking.

(2) Smoking areas

Bowling Green state university is committed to providing a healthy, comfortable and productive environment and offers several resources for smoking cessation. Recognizing the use of smoking products is a personal choice, Bowling Green state university has designated areas on campus where smoking is permitted. Designated areas will be marked with signs and include cigarette butt receptacles for disposal. Students, faculty, staff and visitors may choose to smoke in personally owned vehicles.

The following map designates where smoking is permitted.

(3) Responsibilities

All persons coming on to the campus and property of BGSU must comply with this policy. Persons observing a violation of this policy should, if feasible, and in a respectful and polite manner, inform the person about this policy by directing their attention to the appropriate signage. Continuing or repeated non-compliance with the policy should not be handled by individuals but should instead be reported to campus authorities including, when appropriate, the BGSU campus police.

(4) Cessation programs

Bowling Green state university actively promotes tobacco cessation and provides assistance to students, faculty, staff, as well as their benefit eligible spouse/domestic partners. Many services are provided at reduced or no cost. Anyone seeking assistance with tobacco cessation is encouraged to visit http://www.bgsu.edu/offices/sa/health/selfcarfe/page8836.html for campus and community resources.

(5) Violations

Students, faculty, and staff violating this policy may be subject to university action. Visitors who violate this policy may be denied access to Bowling Green state university campuses and may be subject to prosecution for trespass. Violations of this policy will be handled in accordance with procedures outlined in the code of student conduct and the BGSU employee common handbook.

(6) Implementation of policy

Members of the clean air and smoking policy development committee and the drug, alcohol, and sexual offenses coalition (DASO) will be creating a new implementation committee, charged with: creating a clean air promotional campaign; student, staff, and faculty programming; and, working with facilities for signage and relocation of cigarette butt receptacles. The new committee will seek representation from human resources, athletics, facilities, and the BG chamber of commerce, and a majority of the implementation work will be done throughout fall 2013, in preparation for the policy implementation in spring 2014.

(7) Related policies

No smoking policy, August 15, 1993; August 15, 1994

(a) Smoking shall be prohibited inside Founders quadrangle and all non-residential buildings, structures and vehicles owned or leased by Bowling Green state university, including those at the Firelands campus, effective August 15, 1993; and smoking shall also be prohibited inside all residence halls, including small group living units, owned or leased by Bowling Green state university, effective August 15, 1994; and as part of the general health promotion programs of the university, smoking cessation services for faculty, staff, and students will continue to be made available.

(b) Smoking cessation services can be found at the following locations:

(i) The wellness connection at the health center has smoking cessation services for students. Call 419-372-9355.

(ii) Employees can contact BGSUs employee assistance program for information on smoking cessation programs. The American lung association operates the tobacco quitline at 1-866-784-8937, and has an on- line program at www.lungusa.org (see quit smoking). You can also call 800-586-4872 for information on smoking cessation programs at various locations in northwest Ohio. Contact the wellness department, Wood county hospital, 950 West Wooster street, Bowling Green, Ohio 43402, 419-354-8900, for availability and cost of smoking cessation classes.

Supplemental Information

Authorized By: 3345
Amplifies: 3345
Prior Effective Dates: 3/23/2017
Rule 3341-2-47 | Accommodating Student Pregnancy.
 

(A) Policy statement and purpose

Bowling Green state university prohibits discrimination on the basis of sex, including pregnancy. The purpose of this policy is to provide guidance on accommodating pregnant students.

(B) Policy scope

This policy applies to all aspects of Bowling Green state university programs including, but not limited to, admissions, educational programs and activities, co-curricular activities, graduate assistantships, and student employment.

Non-discrimination in employment and education is covered by rule 3341-5-41 of the Administrative Code which is available at: https://www.bgsu.edu/content/dam/BGSU/general-counsel/documents/draft-non-discrimination.pdf.

(C) Policy

(1) Reasonable accommodation

BGSU will take reasonable steps to provide pregnant students the opportunity to continue their education with support from faculty and staff. Reasonable academic accommodations will be made available to the extent practicable without lowering academic standards or requiring substantial program alteration. BGSU will work to make accommodations available in a timely manner once notified of the need.

(2) Procedure

If a student requires an academic accommodation in a course due to pregnancy, the student should request accommodations from the faculty member teaching the course. Other accommodations should be sought from the students supervisor or other university official responsible for the students program.

In situations such as clinical rotations, performances, labs, and group work, the university will work with the student to devise an alternative path to completion, if necessary and practicable. Students are encouraged to work with their faculty members and BGSU support systems, such as academic advisors, to devise a plan for how to best minimize the academic impact of their pregnancy and get back on track as efficiently as possible. The title IX coordinator or designee will assist with the plan development and implementation as needed.

If an agreement on accommodations cannot be reached between the student and the faculty, supervisor, or other responsible official, the matter shall be referred to the title IX coordinator. The title IX coordinator or designee, in consultation with the appropriate professionals and faculty, will determine what accommodations are necessary and appropriate, and will inform faculty and/or staff members of those accommodations.

(3) Confidentiality

Information about pregnant students requests for and/or approval of accommodations will be shared with faculty and staff only to the extent necessary to provide the reasonable accommodation. Faculty and staff will regard all information associated with such requests as private and will not disclose this information unless necessary.

(4) Recordkeeping

Administrative responsibility for all accommodations lies with the title IX coordinator or designee, who will maintain all appropriate documentation related to the request for title IX accommodations.

(5) Further information

For a full understanding of reasonable accommodations for pregnancy or childbirth, limitations to the policy, and necessary information, please contact the office of title IX at 419-372-8476 or titleix@bgsu.edu.

Supplemental Information

Authorized By: 3345
Amplifies: 3345
Rule 3341-2-48 | Chosen Name Policy.
 

(A) Policy statement and purpose

The purpose of this policy is to enable students, faculty, and staff to use a chosen name within specific university systems and processes. This policy is intended to cover the subset of individuals who have not yet or do not wish to legally change their name, therefore, utilization of this policy does not constitute a pledge on the part of the student or faculty or staff member to legally change their name.

(B) Policy

Students, faculty, and staff may select a chosen name other than their legal name to be used on certain university documents (specifically class rosters, BG1 cards, and diplomas). Chosen name here refers to a first name which is different than the legal first name.

(1) Students, faculty, and staff may designate a chosen name, and may elect to revert to their legal name, at any time.

(2) The documents will incorporate a chosen name indicator to signal that the first name displayed is not the same as the legal first name.

(3) There may be a fee waiver for the replacement of the BG1 card as determined by the university for good cause shown.

(4) The use of the chosen name for purposes of misrepresentation or other inappropriate purposes will be cause for removal of the chosen name and reversion to the legal name.

(5) The chosen name cannot appear on any university legal documents such as official transcripts and/or admission, employment, financial aid, medical, disciplinary, or law enforcement records.

(6) Listing a chosen name on identification will constitute an alias and therefore may need to be disclosed when undergoing a background check. BGSU will disclose the chosen name in compliance with any lawful request.

(C) Process

Students wishing to enter a chosen name will do so with the registrar. Faculty and staff wishing to enter a chosen name will do so with human resources. A chosen name may be denied for the following reasons (list not exhaustive):

(1) If the name may be used to avoid a legal obligation.

(2) If the name may misappropriate the identity of someone else or involve other fraud or misrepresentation.

(D) Caution regarding use of the BG1 card

Students, faculty, and staff should be aware that a BG1 card with a chosen name on it which is not also the card holders legal name is a valid form of legal picture ID when ones legal name appears on the back of the card. Without ones legal name printed on the back of the card, representing it as legal ID to an office or law enforcement official would be to misrepresent ones legal identity.

(E) Additional information

For additional information, please visit www.bgsu.edu/diversity and www.bgsu.edu/lgbtq.

Equity impact statement: The policy has been assessed for adverse differential impact on members of one or more protected groups.

Last updated June 1, 2021 at 8:57 AM

Supplemental Information

Authorized By: 3345
Amplifies: 3345
Rule 3341-2-49 | Anti-hazing policy.
 

(A) Policy statement and purpose

Bowling Green state university (BGSU) has zero tolerance for any form of hazing.

The university seeks to promote a safe environment in which members of our learning community may participate in experiences and activities without compromising their health, wellbeing, dignity, and/or rights. Hazing can cause irreparable harm to victims, victims families, and the university community. From a legal perspective, hazing is a crime. From the universitys perspective, hazing is a violation of policy and antithetical to the ideals and values of our learning community related to belonging and personal growth. Prevention of hazing is the responsibility of every member of the university community, including students, student organizations, student groups, employees, and alumni.

This document outlines the scope of the policy; defines key terms; prohibits hazing and related conduct; designates mandatory reporters; identifies mechanisms to report hazing; provides amnesty for reporters; describes the institutional response to reports of hazing; establishes corrective action and discipline for violating this policy; details how this policy is reviewed; and explains the process whereby individuals may obtain information about misconduct by student groups and student organizations.

(B) Policy scope

(1) This policy applies to BGSU students, student organizations, student groups, and employees. This policy also applies to volunteers acting in an official capacity that advise or coach student organizations and/or student groups and who have direct contact with students.

(2) BGSU has jurisdiction under this policy whether the conduct occurs on or off campus.

(3) The following factors do not prevent conduct from being considered a violation of this policy:

(a) Expressed or implied consent; or

(b) The conduct not being part of an official event or otherwise sanctioned or approved by a student organization or student group.

(4) Hazing does not include either of the following:

(a) Reasonable and customary organizational training, contests, competitions, or other events that are explicitly relevant to the mission of the organization; and/or

(b) Lawful expressive activities that are protected under the First Amendment to the United States Constitution, Section 11 of Article I of the Ohio Constitution, or sections 3345.0211 to 3345.0214 of the Revised Code.

(5) In addition to this policy, NCAA student athletes shall follow the policies and guidelines set forth by the NCAA, the affiliated conference, and BGSU athletics.

(C) Definitions

(1) Hazing means doing any of the following, or pressuring, causing, forcing, soliciting, or coercing any person to do any of the following, for the purpose of initiating, admitting, or affiliating an individual into or with a student group or student organization; continuing or enhancing an individuals membership or status in a student group or student organization; or perpetuating or furthering a tradition or ritual of a student group or student organization:

(a) Engage in any conduct prohibited by federal and/or state and/or municipal criminal law, regardless of whether an arrest is made, or criminal charges are brought;

(b) Take into their body any food, liquid (including alcohol), drug, or other substance that subjects the person to a substantial risk of mental or physical harm; and /or;

(c) Cause or create a substantial risk of causing mental or physical harm to another and/or engage in any act or omission that contributes to the death of another.

(2) Hazing includes (but is not limited to) the following actions and situations, if they happen for the purpose defined in section (C)(1):

(a) Acts of a physical nature such as: beating, bondage, branding, calisthenics (e.g., wall-sits, sit-ups, push-ups), exposure to the elements, kicking, paddling, pushing, shoving, striking, tackling, throwing items at or on individuals, and/or whipping.

(b) Acts that may adversely affect the mental health or dignity of the individual such as: exclusion from social contact, kidnapping or abandonment, line-ups or berating, and/or sleep or food deprivation.

(c) Activities that a reasonable person would view to be frightening, humiliating, intimidating, or deceptive (including deception intended to convince the individual of impending pain, injury, or non-initiation) such as: blindfolding; having individuals yell when entering or departing a physical structure or in the presence of designated individuals; having individuals use designated entrances or exits and/or not permitting them to enter general use facilities or spaces; intentionally creating labor or clean-up work; not allowing individuals to wear certain garments or accessories; promoting servitude; requiring individuals to complete personal errands; requiring individuals to wear apparel that is conspicuous or uncomfortable; and/or requiring individuals to wear scant clothing or to be nude.

(d) Participation in any act of a sexual or lewd nature.

(e) Activities that endanger or have the potential to endanger the academic performance or personal life of an individual (e.g., not allowing adequate time for or interfering with academic commitments, employment, or family obligations).

(f) Any destruction or removal of public or private property.

(g) Activities that violate university policies.

(3) "Student" means any person from the time they are admitted to the university up through the date of graduation. This term includes, but is not limited to:

(a) Newly admitted students who have attended orientation;

(b) Currently enrolled individuals, including dual-enrolled students; and/or;

(c) An individual who has been enrolled in classes at any time within the prior two semesters (i.e., summer, fall, or spring).

(4) "Student organization" means a group of people who are associated with each other and who have registered with the university as a student organization as outlined in university rule 3341-2-36 of the Administrative Code.

(5) "Student group" means a number of persons who are associated with the university and each other, but who have not registered, or are not required to register as a student organization (e.g., athletic teams, spirit groups, military organizations, honor societies, musical or theatrical ensembles, bands, or clubs).

(6) "Serious physical harm" includes, but is not limited to, any harm that involves disfigurement; protracted loss of use of or impairment of the function of a bodily part, organ, or mental faculty; substantial risk of death or emergency hospitalization; and/or unconsciousness.

(D) Prohibited conduct

The following behaviors constitute a violation of this policy:

(1) Purposefully, knowingly, recklessly, or negligently hazing any person.

(2) Involvement in the planning of hazing and/or being present during hazing.

(3) Failing to intervene to prevent or stop hazing if the individual has prior knowledge of a planned hazing activity.

(4) Failing to assist or seek assistance if the individual knows or reasonably should know that another is in danger from effects of hazing.

(5) Knowingly making a false accusation of hazing.

(6) Failing to report any information about suspected prohibited conduct if required to do so in paragraph (E) of this rule.

(7) Failing to cooperate in an investigation of hazing, as defined as noncompliance with the conduct process as outlined in the code of student conduct.

(8) Retaliating against or taking adverse action toward any reporting party and/or person participating in a hazing investigation or disciplinary proceeding.

(E) Mandatory reporters

A "mandatory reporter" must immediately report knowledge of hazing as defined in paragraph (C) of this rule to the university through any of the five reporting options outlined in paragraph (F) of this rule. A mandatory reporter who fails to make a timely report may be subject to appropriate discipline. Each of the following is considered a "mandatory reporter:"

(1) Any full or part-time employee of the university (including student employees and graduate assistants), or

(2) Any volunteer acting in an official capacity who advises or coaches student organizations and/or student groups and who have direct contact with students.

(3) Employees who are required by law to protect confidentiality are exempt from this requirement

Note: reports made pursuant to this policy do not supersede or replace other reporting obligations.

(F) Reporting options

Beyond mandatory reporters, BGSU encourages anyone who experiences or has information about hazing (e.g., student, family member, visitor, or other third party) to immediately make a report. Prompt reporting enables law enforcement to collect and preserve evidence and campus officials to gather timely and relevant information to aid in investigations. BGSU will act in the best interests of the overall university community, based upon the available information.

A person may report prohibited conduct to BGSU without disclosing one's name using the online reporting form found on the "See It. Hear It. Report It." webpage.

Reports may be made via the following methods:

(1) Law enforcement

(a) Dial 911 to report any emergency situations

(b) Dial (419) 372-2346 for nonemergency situations to speak with the BGSU police department. An officer will assist in identifying which law enforcement agency should receive the report if the incident occurred outside their jurisdiction.

(2) Hazing reporting line

(a) Call the hazing reporting line at (419) 372-HAZE (419-372-4293).

(b) This reporting line is staffed by the office of the dean of students and accepts calls twenty-four/seven.

(3) "See it. Hear it. Report it." website

Complete the hazing report form at http://bgsu.edu/reportit. This link is on the BGSU "See It. Hear It. Report It." website.

(4) In-person

Make a report in person at the office of the dean of students.

(5) Human resources

Violations by university employees should be reported directly to the office of human resources.

(6) If a report is submitted to campus police, the hazing reporting line, the dean of students office, or human resources, the staff member who receives the report is required to submit this information via the hazing report form and should also encourage the reporter to complete the online form.

(G) Amnesty

BGSU recognizes that individuals may be reluctant to report hazing activity due to a fear of potential consequences for their own conduct. Therefore, students who make a report under this policy or who participate in an investigation related to this policy will not be charged with other minor university policy violations that are brought to light in the course of the investigation that arose out of, or were committed as a direct result of, the incident(s) under investigation as long as those behaviors do not represent a threat to the health, safety, or wellbeing of others. For example, students required to consume alcohol as part of a hazing incident will not be charged with violations of university alcohol policies. The university may follow-up with those students related to those issues as appropriate in a non-disciplinary manner. In addition, a currently enrolled student who, in good faith, seeks or obtains medical assistance (e.g. by calling 9-1-1) for themselves or for another person for the overconsumption of alcohol or for a drug overdose, shall not be charged with a violation of the code of student conduct in connection with the possession or consumption of alcohol or drugs as outlined in the medical amnesty section of the code of student conduct.

(H) Porocedures for institutional response

(1) BGSU will always notify the appropriate law enforcement agency or agencies when a report of hazing is received and document that the notification was made.

(2) The university will determine if interim measures are needed to protect the safety and/or well-being of others.

(3) The hazing prevention coordinator, or designee, will launch an immediate investigation into all reports of hazing involving students, student groups, and student organizations. During the course of the investigation, students, student groups, and student organizations may request to enter information into the record and may recommend specific witnesses to the investigator(s). Ultimately, the investigator(s) will determine the relevance of information or witnesses. In completing the investigation, the investigator(s) may:

(a) Make contact (if possible) with the individual(s) who submitted the initial information.

(b) Make contact with the individual(s) alleged to have violated this policy. If the conduct involved a student organization or student group, the investigator(s) will contact the presiding student leader and advisor of the entity under investigation.

(c) Interview any individuals with relevant information.

(d) Request relevant information from members of the student group or student organization (e.g., text messages, screenshots, pictures, videos).

(e) Require members of the student group or student organization, or a select group of members, to meet with staff and may restrict communication between the student group or student organization members during the interview.

(f) Request students to undergo a physical examination at the Falcon health center or by another appropriate medical professional of the universitys choosing and at the universitys expense as well as to sign a waiver allowing that medical professional to share a summary of the relevant results of the examination (e.g., findings of physical abuse, blood alcohol content, drug usage). The summary will be considered an educational record under the Family Educational Rights and Privacy Act.

(4) Students must appear at required conduct meetings. Students are not compelled to answer questions or provide information. If a student fails to participate in the conduct process, the university may proceed to resolve the matter. No adverse inference may be drawn against a student who does not participate in the conduct process.

(5) Students participating in an investigation process are expected to do so in an active, cooperative, and truthful manner. Falsifying, distorting, intentionally omitting, or misrepresenting information is a violation of the code of ctudent conduct. The university will make every effort to complete the initial investigation within a period of thirty days, barring extenuating circumstances. If the circumstances require more than thirty days, the university will notify the student group or student organization representative(s) of the delay, including the reason(s) for the delay and the anticipated timeline for completing the investigation.

(I) Corrective actions and zero tolerance sanctions

(1) Violations of this policy by students and/or student organizations defined in paragraphs (C)(3) and (C)(4) of this rule will be sanctioned in accordance with the code of student conduct.

(2) Violations of this policy by student groups defined in paragraph (C)(5) of this rule will be sanctioned by the hazing prevention coordinator in consultation with the divisional leader who has oversight for the group and the dean of students. The hazing prevention coordinator may convene a formal hearing panel to recommend sanctions.

(3) Expulsion or degree revocation will be the minimum conduct sanction assigned to any student organization or student for any violation of this policy that causes death, serious physical harm, or substantial risk of serious physical harm. This includes coerced consumption of alcohol or drugs of abuse that causes death, serious physical harm, or substantial risk of serious physical harm.

(4) Violations of this policy are subject to referral to appropriate law enforcement or university services, as well as to regional and inter/national affiliated offices of student organizations, for action and prosecution.

(5) Violations of this policy by employees may result in corrective action or discipline (including termination) in accordance with applicable university policies and procedures and/or collective bargaining agreements.

(J) Policy review

This policy is maintained and administered by the office of the dean of students. The policy will be reviewed each year and updated as needed. The annual policy review will include an evaluation of any changes in legal requirements, existing university resources, and the cases reported and resolved during the preceding year.

(K) Reporting and transparency

The hazing prevention coordinator will create and maintain a website that provides information concerning any report of hazing misconduct by student organizations and student groups for the current academic year as well as for the previous five academic years. This website will include a brief description of the alleged misconduct, the outcome/finding concerning the alleged misconduct, and any corrective action or discipline taken.

Last updated August 25, 2021 at 8:26 AM

Supplemental Information

Authorized By: 3345
Amplifies: 3345