(A) Clark state college is an academic
community in which all persons students, faculty, administration and
staff share responsibility for its growth and continued welfare. As
members of the college community, students can reasonably expect that the
following rights shall be respected by all college offices, programs, employees
and organizations.
Clark state college further encourages all
members of the college community to endorse, support and abide by the following
statement of values which this community has deemed fundamental to its mission
and integral to its growth.
(1) Non-discrimination
No agent or organization of Clark state
community college shall discriminate against any student on the basis of race,
color, religion, gender/sex or expression, national origin (ancestry), military
status, disability, age (forty years of age or older), genetic information,
sexual orientation, status as a parent during pregnancy and immediately after
the birth of a child, status as a parent of a young child, or status as a
foster parent and any other protected group status as defined by law or college
policy in its educational programs, activities, admissions, or employment
practices as required by Title IX of the Educational Amendments of 1972,
Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities
Act, and other applicable statutes. Clark state prohibits discrimination and
harassment based on these protected group statuses in accordance with college
policies, applicable laws, and executive orders. Clark state complies with and
adopts the IHRA definition of antisemitism set forth in Executive Order
2022-06D, "Defining and Combating AntiSemitism." In their individual
roles as members of student organizations, students have the responsibility not
to discriminate against others.
(2) Assembly/protest
Students may assemble in an orderly manner and
engage in peaceful protest, demonstrations and picketing which does not disrupt
the functions of the college, threaten the health or safety of any person or
violate this rule.
(3) Religion/association
Students may exercise their religious
convictions and associate with religious, political or other organizations of
their choice in college facilities provided they do so in a manner that
respects the rights of other members of the community and complies with this
policy. Students have the responsibility to respect the rights of other members
of the college community to free exercise of their religious convictions and to
free association with organizations of their choice.
(4) Privacy/search/seizure
Students have a reasonable expectation to be
free from unreasonable searches or unlawful arrest on college property.
Students have the responsibility to respect the privacy of other members of the
college community.
(5) Academic pursuits
Students shall have access to accurate and
plainly stated information relating to maintenance of acceptable academic
standing, graduation requirements and individual course objectives and
requirements. Students may expect instruction from designated instructors at
appointed class times and reasonable access to those instructors. Students have
the responsibility to attend class and to know their appropriate academic
requirements.
(6) Quality environment
Students may expect a reasonably safe
environment supportive of the college's mission and their own educational
goals. Students have the responsibility to protect and maintain that
environment and to protect themselves from all hazards to the extent that
reasonable behavior and precaution can avoid risk.
(7) Governance/participation
Students may establish representative
governmental bodies and to participate in college governance in accordance with
the rules and regulations of the college. Students who accept representative
roles in the governance of the college have the obligation to participate
responsibly.
(8) Due process
Students shall be afforded due process before
formal disciplinary sanctions are imposed by the college for violations of this
policy. Students have the right to written notice and the opportunity for a
hearing before any change in status is incurred for disciplinary reasons,
unless a significant threat to persons or property exists.
(9) Confidentiality
Students may access and control access to their
education records as provided in the federal Family Educational Rights and
Privacy Act of 1974, also known as the Buckley Amendment. These include the
rights to review and challenge the content of educational records, to control
disclosure of personal and academic information to third parties and to limit
the routine disclosure of all or some information defined as "directory
information" by the act.
(10) Speech/expression/press students may express themselves
freely on any subject provided they do so in a manner that does not violate
this policy. Students, in turn, have the responsibility to respect the rights
of all members of the college in exercising these freedoms. In accordance with
the public policy and the laws of the state of Ohio, Clark state affirms the
following principles:
(a) Students have a fundamental
constitutional right to free speech.
(b) The college is committed to giving
students broad latitude to speak, write, listen, challenge, learn, and discuss
any issue, subject to division (E) of section 3345.0215 of the Revised
Code.
(c) The college is committed to maintaining
a campus as a marketplace of ideas for all students and all faculty in which
the free exchange of ideas is not to be suppressed because the ideas put forth
are thought by some or even by most members of the college's community to
be offensive, unwise, immoral, indecent, disagreeable, conservative, liberal,
traditional, radical, or wrong-headed.
(d) It is for the college's individual
students and faculty to make judgments about ideas for themselves, and to act
on those judgments not by seeking to suppress free speech, but by openly and
vigorously contesting the ideas that they oppose.
(e) It is not the proper role of the college
to attempt to shield individuals from free speech, including ideas and opinions
they find offensive, unwise, immoral, indecent, disagreeable, conservative,
liberal, traditional, radical, or wrong-headed.
(f) Although the college greatly values
civility and mutual respect, concerns about civility and mutual respect shall
never be used as a justification for closing off the discussion of ideas,
however offensive, unwise, immoral, indecent, disagreeable, conservative,
liberal, traditional, radical, or wrong-headed those ideas may be to some
students or faculty.
(g) Although all students and all faculty are
free to state their own views about and contest the views expressed on campus,
and to state their own views about and contest speakers who are invited to
express their views on campus, they may not substantially obstruct or otherwise
substantially interfere with the freedom of others to express views they reject
or even loathe. To this end, the college has a responsibility to promote a
lively and fearless freedom of debate and deliberation and protect that
freedom.
(h) The college shall be committed to
providing an atmosphere that is most conducive to speculation, experimentation,
and creation by all students and all faculty, who shall always remain free to
inquire, to study and to evaluate, and to gain new understanding.
(i) The primary responsibility of faculty is
to engage an honest, courageous, and persistent effort to search out and
communicate the truth that lies in the areas of their competence.
(11) Nothing
contained in this policy shall be construed as prohibiting the college from
imposing measures that do not violate the First Amendment to the United States
Constitution or Article I, Sections 3 and 11 of the Ohio Constitution such
as:
(a) Constitutional time, place, and manner
restrictions;
(b) Reasonable and viewpoint-neutral
restrictions in nonpublic forums;
(c) Restricting the use of the
college's property to protect the free speech rights of students and
teachers and preserve the use of the property for the advancement of the
college's mission;
(d) Prohibiting or limiting speech,
expression, or assemblies that are not protected by the First Amendment to the
United States Constitution or Article I, Sections 3 and 11 of the Ohio
Constitution;
(e) Content restrictions on speech that are
reasonably related to a legitimate pedagogical purpose, such as classroom rules
enacted by teachers.
(12) Nothing in
this policy shall be construed to grant students the right to disrupt
previously scheduled or reserved activities occurring in a traditional public
forum.
(13) Nothing in
this policy shall be interpreted as restricting or impairing the
College's 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.
(14) Complaints
(a) As outlined in the student rights and
responsibilities/code of conduct procedures, a student or student group may
submit a complaint about an alleged violation of this policy.
(b) A complaint can be submitted online on
the college's website via the behavioral issues/general incidents
form.
(c) Under the process, which shall comply
with standards adopted by the Ohio chancellor of higher education, the college
will investigate the alleged violation as outlined in the student rights and
responsibilities/code of conduct procedures.
(d) Any form of retaliation against a
student or student group who files a complaint about an alleged violation of
this policy is strictly prohibited.
(B) Students at Clark state college are
expected to conduct themselves in a manner supportive of the educational
mission of the institution. As members of the college community, student have
the responsibility to behave appropriately. Integrity, respect for the person
and property of others and a commitment to intellectual and personal growth in
a diverse population are values deemed fundamental to membership in the college
community and represent the student code of conduct.
Clark state college considers the following
behaviors, or attempts thereof, whether acting alone or with any other persons,
in violation the student code of conduct. Examples include but are not limited
to:
(1) Physical harm or
threat of physical harm or general conduct which threatens the mental or
emotional health of any person or persons.
(2) Physical or verbal,
oral or written harassment, which is beyond the bounds of protected free speech
that creates an intimidating, hostile, or offensive educational
environment.
(3) Disorderly conduct
including but not limited to public intoxication, lewd, indecent or obscene
behavior or intentional disruption of lawful activities of the
college.
(4) Theft, damage to
personal/college property or unauthorized entry, use or occupation of college
facilities.
(5) Forgery, alteration,
fabrication or misuse of records, grades, diplomas, college documents, and
identification cards.
(6) Illegal purchase,
use, possession or being under the influence of or distribution of alcohol,
drugs, or controlled substances on college property in college vehicles, or at
college events. Although Ohio law allows certain activities related to the
possession and use of medical marijuana and, effective December 7, 2023, will
allow certain activities related to the possession and use of recreational
marijuana, using and possessing marijuana continues to be prohibited by and a
violation of Clark state policy and remains a crime under federal law. This
prohibition applies even when the possession and use would be legal under the
laws of the state of Ohio. As a result, neither those with medical marijuana
prescription/cards, nor those recreationally using marijuana in accordance with
Chapter 3780. of the Revised Code, are permitted to use medical or recreational
marijuana on campus, in the conduct of Clark state business or as part of any
Clark state activity.
(7) Non-compliance with
directives of the college officials.
(8) Possession of
firearms, explosive devices, fireworks, dangerous or illegal weapons or
hazardous materials.
(9) Interference with or
misuse of fire alarms, elevators or other safety and security equipment or
programs.
(10) Violation of any
federal, state or local law which has a negative impact on the well-being of
the college or its individual members.
(11) Violation of college
policies, rules or regulations that are published in the student handbook or
any other official college publications or agreements.
(12) Academic misconduct
including but not limited to plagiarism and cheating. For example, misuse of
academic resources or facilities and misuse of computer software, data,
equipment or networks.
(13) Violations of a
position of trust or authority at the college including the misuse or
unauthorized use of Clark state or organizational names, representatives,
and/or images.
(14) Disruptive behavior
and/or the obstruction of teaching, research, administration, or other lawful
Clark state activities on or off campus.
