Chapter 3361:40-5 | Conduct, Rights and Responsibilities

Rule 3361:40-5-01 | Conduct, rights and responsibilities: charter of student rights and responsibilities.

• Effective: July 31, 1989
• Promulgated Under: 111.15

(A) Article 1. Students are members of society as well as members of the academic community. As members of society, students have the same responsibilities as other members of society and enjoy the same freedom of speech and peaceful assembly and the right of petition that other members of society enjoy. As members of the academic community, they shall have the rights and be subject to the responsibilities which accrue to them by virtue of this membership. Institutional authority shall not be employed to inhibit such intellectual and personal development of students as is often promoted by the exercise of their rights and responsibilities both on and off the campus.

(B) Article 2. Students shall be accorded a significant and direct voice in the formulation and application of policies and procedures at the university, college, and departmental level; the structure for such participation shall be determined by the students, faculty, and administration of each unit. Arrangements for student participation thus developed shall be subject to review by a university body composed of students, faculty members, and administrative officials, which shall be representative of the entire university community and which shall determine whether such arrangements comply with the standards of this article.

(C) Article 3. Student requests to obtain financial information regarding the operations of the university shall be respected. If, aside from public university financial statements, additional information is desired, a request must be presented in writing to the appropriate university authority.

(D) Article 4. Students shall be free from unreasonable searches and seizures by university personnel.

(E) Article 5. Students shall be responsible for maintaining established standards of scholarship and conduct essential to the educational mission and community life of the university. In any case where failure to adhere to such standards may lead to suspension or dismissal from the university, a student shall, upon request, be granted a hearing before a regularly constituted committee or board, which, in its proceedings, shall afford the student the protection of procedural fairness. (See rules 3361:40-5-03 and 3361:40-5-05 of the Administrative Code) In addition orderly review procedures shall be available to any student who claims that he has been subjected to prejudice or capricious academic evaluation. All hearing and review procedures in effect or developed at the university, college, and departmental level shall be subject to review by a university body composed of students, faculty members, and administrative officials, which shall determine whether such procedures comply with the standards of this article. (See rule 3361:40-5-03 of the Administrative Code.)

(F) Article 6. Students have the right to organize, join, and hold office in associations of their common interest. Membership in student organizations shall be open to all students without respect to race, color, religion, national origin, sex, sex orientation, age, handicap, or status as disabled or Vietnam era veteran, except for religious qualifications which may be required by organizations whose aims are primarily sectarian. All registered student organizations shall have access to university facilities as provided in the use of facilities handbook.

(G) Article 7. Students shall have the right to invite and to hear persons of their own choosing. Scheduling procedures shall not be used as a device of censorship.

(H) Article 8. Student publications shall be free from censorship. Standards and guidelines for student publications shall be determined by the communications board.

(I) Article 9. Any member of the university community may challenge a regulation established or enforced by a student governmental organization by submitting objections to the office of student activities and programming, which shall refer the matter to an appropriate university committee consisting of a majority of students. Should the committee find that the challenged regulation is either clearly detrimental to the academic goals of the university or conclusively prejudicial to the rights of individual students, it may amend or repeal the regulation.

(J) Article 10. As a guide to the interpretation and implementation of the rights and responsibilities set forth in this charter, the university hereby adopts in principle the "1967 Joint Statement on Rights and Freedoms of Students" endorsed by the "Association of American Colleges," the "National Association of University Professors, "the National Association of Student Personnel Administrators," the "National Association of Women Deans and Counselors," and the "United States National Student Association."

Last updated June 7, 2021 at 6:34 AM

Supplemental Information

Authorized By: 3361
Amplifies: 3361

Rule 3361:40-5-02 | Conduct, rights and responsibilities: joint statement on rights and freedoms of students.

• Effective: February 25, 1985
• Promulgated Under: 111.15

As a guide to the interpretation and implementation of rights and responsibilities set forth in rule 3361:40-5-01 of the Administrative Code, the university hereby adopts in principle the "1967 Joint Statement on Rights and Freedoms of Students" endorsed by the "American Association of University Professors," the "National Association of Student Personnel Administrators," the "National Association of Women Deans and Counselors," and the "United States National Student Association."

Last updated June 7, 2021 at 6:34 AM

Supplemental Information

Authorized By: 3361
Amplifies: 3361
Prior Effective Dates: 3/16/1978

Rule 3361:40-5-03 | Conduct, rights and responsibilities: statement of student conduct, policies and procedures.

• Effective: December 3, 2003
• Promulgated Under: 111.15

This rule was filed with the Legislative Service Commission in PDF format and is presented here as filed.
View Rule Text

Supplemental Information

Authorized By: 3361
Amplifies: 3361
Prior Effective Dates: 3/16/1978

Rule 3361:40-5-04 | Conduct, rights and responsibilities: policies governing conduct.

• Effective: October 31, 1983
• Promulgated Under: 111.15

State law in Ohio requires the trustees of any university that receives state funds to regulate the use of its facilities and the conduct of those who use them in such a manner that the university "may pursue its educational objectives and programs in an orderly manner." Since the board of trustees of the university of Cincinnati in its bylaws has delegated authority in all matters of discipline within the university to the president, in compliance with the law, the board has adopted the following resolutions:

(A) That such delegation be reaffirmed and that the president be directed to see the continuing development and review of appropriate regulations relating to the conduct of students, faculty, staff, employees, and visitors, and to procedures for implementing these regulations so that the university may pursue its educational objectives in an orderly manner.

(B) That this board hereby also adopts and reaffirms the existing relevant policies, namely:

(1) That the administrative and academic regulations of the university shall be formulated by the appropriate authorities to whom this responsibility has been delegated and shall be published in the several official university publications such as catalogs, bulletins, and handbooks;

(2) That these regulations shall uphold the freedom of each individual within the university in matters of speech, learning, inquiry, hearing, and peaceable assembly-such freedom of any individual(s) to be limited only by consideration of the equally important right of other individuals;

(3) That any violation of these regulations or of any municipal, state, or federal laws, or any disruption or interference with the university's attainment of its educational objectives, or any interference with the right of others within the university community to pursue teaching, study, research, learning, and administrative functions shall be considered misconduct; and

(4) That, in case of misconduct, appropriate disciplinary or legal action

(5) shall be taken promptly by the president or his delegate(s) to restore the rights of all members of the faculty, student body, and public to pursue their legitimate university-oriented endeavors.

Last updated June 7, 2021 at 6:34 AM

Supplemental Information

Authorized By: 3361
Amplifies: 3361

Rule 3361:40-5-05 | Conduct, rights and responsibilities: student code of conduct.

• Effective: August 15, 2026
• Promulgated Under: 111.15

(A) Introduction

(1) Bearcat bond

In pursuit of its mission to develop educated and engaged citizens to enrich the global community, the university of Cincinnati ("university") aspires for its students to demonstrate high standards of integrity and conduct. As a guide to community members to obtain this objective, in spring of 2012, the bearcat bond was endorsed by faculty senate, graduate student government, and undergraduate student government. The bearcat bond identifies community values essential to fostering a safe and scholarly environment. The bearcat bond states the following: "As a member of the university of Cincinnati, I will uphold the principles of a just community and the values of respect, responsibility, and inclusiveness. I will promote the highest levels of personal and academic honesty and aspire continuously to better myself, the bearcat community, and the world." Although there is no policy that expressly states that students are bound to the bearcat bond, the spirit of the bearcat bond is incorporated in university policy, and most especially, in the student code of conduct (S.C.O.C.).

(2) When students are admitted to and attend the university, they accept the rights and responsibilities of membership in the university's academic and social community. Just as the university has set high standards for membership, the university has established high standards for acceptable and unacceptable conduct for the university community and its members; thus, university standards of conduct, while falling within the limits of the law, may exceed local, state, or federal requirements. The purpose of the S.C.O.C. is to inform students of their rights and responsibilities, identify procedures to address student conduct that is inconsistent with the community values reflected in university policies, and recommend potential sanctions, interventions, and measures designed to educate and safeguard the university community and its members.

(3) The authority for the S.C.O.C. is found in section 3345.21 of the Revised Code. The university conduct system is separate and independent of any criminal or civil proceeding. If a student is undergoing civil or criminal action for the same conduct which forms the basis of conduct action at the university, the university may continue the conduct process as outlined in the S.C.O.C.

(4) Students are responsible for knowing and honoring the university's S.C.O.C. and other rules and policies of the university of Cincinnati. The S.C.O.C. is not a contract between the university and the student. The university reserves the right to change the S.C.O.C. at any time.

(5) The university has a duty to take reasonable efforts to make the S.C.O.C. available for students. The office of student conduct and community standards will circulate the S.C.O.C. along with other rules, regulations, and policies, which directly affect students at the university of Cincinnati. The university will also provide notice to students when changes are made to the S.C.O.C. The S.C.O.C. will be available for review on the office of student conduct and community standards webpage and the university of Cincinnati board of trustees' webpage.

(6) To ensure compliance with federal, state, and local laws, orders of a court or other governmental authority, and university rules and policies, the university board of trustees may revise the S.C.O.C. in consultation with the office of general counsel and the office of student conduct and community standards without regard to rule 3361:40-05-03 of the Administrative Code.

(7) All conduct records and files, including those resulting in a finding of "responsible," are maintained in the office of student conduct and community standards for a period of at least seven years from the date of resolution of the conduct action. Conduct records are education records as defined by the Family Educational Rights and Privacy Act of 1974 and subject to the protections and release provisions within.

(B) Student rights and responsibilities

(1) The S.C.O.C. is applied consistent with rule 3361:40-5-01 of the Administrative Code. The S.C.O.C. will not be interpreted or applied in any way that infringes upon constitutionally protected rights and privileges, such as those under the First, Fourth, Fifth, and Fourteenth Amendments of the United States Constitution.

(2) Students are responsible for maintaining established standards of scholarship and conduct essential to the educational mission and community life of the university.

(3) The S.C.O.C. is administered in accordance with applicable federal, state, and local laws, court and other governmental authority orders, and university rules and policies.

(C) Organization of the S.C.O.C.

Rule 3361:40-5-05 of the Administrative Code is amplified by and elaborated upon by three supplemental rules. Rule 3361:40-5-05.1 of the Administrative Code sets forth the process and procedures for academic misconduct. Rule 3361:40-5-05.2 of the Administrative Code sets forth the process and procedures for nonacademic misconduct. Rule 3361:40-5-05.3 of the Administrative Code sets forth the process and procedures for appeals of academic and nonacademic misconduct.

(D) Definitions

(1) Student

The term "student" as used in the S.C.O.C. means an individual who has been accepted for admission to the university, registered for classes, enrolled at the university, or otherwise entered into any other relationship with the university to take or audit classes. Student status lasts until an individual graduates, withdraws from the university, is expelled, or is not in attendance for two complete fifteen-week consecutive semesters.

(2) Student organization

The term "student organization" refers to any number of students who have completed the necessary requirements to be registered and recognized by the university pursuant to rule 3361:40-03-01 of the Administrative Code.

(3) Complainant

The term "complainant" refers to the University or the individual who has initiated the nonacademic misconduct process against a student or student organization for an alleged violation of rule 3361:40-5-05.2 of the Administrative Code. Complainant also refers to instructors (or in the absence of an instructor, the academic unit head or the dean, or designee) who initiate the academic misconduct process set forth in rule 3361:40-5-05.1 of the Administrative Code.

(4) Respondent

The term "respondent" refers to the student or student organization who is alleged to have violated the S.C.O.C.

(5) Parties or party

The term "parties" refers to both the complainant and respondent. "Party" refers to either the complainant or respondent.

(6) Standard of proof

The term "standard of proof" refers to the standard used to determine whether a respondent has violated the S.C.O.C. The standard of proof is based on a preponderance of evidence, meaning it is more likely than not that a violation has occurred. Upon receipt of a complaint, all respondents are considered not responsible unless this standard is met.

(7) Adviser

The term "adviser" refers to the person a party selects to advise them.

Additional requirements regarding advisers: Parties may have one adviser of their choice. An adviser may consult with a party verbally or in writing in a quiet, non-disruptive manner, but the adviser may not participate as a spokesperson or vocal advocate in meetings or hearings. Parties are required to notify the office of student conduct and community standards or the college conduct administrator three days prior to any meetings or hearings if the adviser is an attorney and plans to attend the hearing and/or meeting. The conduct process will not be delayed to accommodate an adviser's schedule. Therefore, a party should select an adviser whose schedule permits attendance at the scheduled date and time. Advisers may not be present in lieu of any party who does not attend the meeting or hearing. A witness or party to the conduct matter cannot serve as any party's adviser.

(8) Diminished capacity

The term "diminished capacity" refers to being under the influence of drugs or alcohol. Diminished capacity does not diminish or excuse a violation of the S.C.O.C.

(9) Home college

The term "home college" refers to the college in which the student is matriculated at the time of the alleged misconduct. The vice provost for undergraduate studies (or designee) will serve as the home college for non-matriculating undergraduate students, and the vice provost for graduate studies and dean of the graduate school (or designee) will act as the home college for non-matriculating graduate students. In matters involving students enrolled in multiple colleges, the vice provost for undergraduate studies will act as the home college.

(10) Conduct hold

The term "conduct hold" refers to an administrative hold placed on a student's account by the director of the office of student conduct and community standards (or designee) that prevents a student from registering for classes without first seeking permission from the director of the office of student conduct and community standards. The director of the office of student conduct and community standards (or designee) may place a hold on a student's account when specifically set forth in the S.C.O.C.

(E) Jurisdiction

(1) The university of Cincinnati reserves the right to respond to conduct that undermines, interferes with, or obstructs the safety and security of the university community or that adversely affects the integrity or interests of the educational mission or functions of the university.

(2) Students who violate the S.C.O.C. are subject to appropriate conduct action. In addition, students enrolled in the university's college of law or college of medicine are subject to their respective honor codes. Conduct not covered by an honor code will fall under the jurisdiction of the S.C.O.C. If a student withdraws from the university before the conduct process has been completed, a conduct hold may be placed on the student's account until the conduct process has been resolved.

(3) Student organizations that violate the S.C.O.C. are subject to appropriate conduct action. Groups of students who are not registered or recognized as an organization, or who are actively seeking registration and recognition from the university, may be charged as individuals or as a group under the S.C.O.C. If a student organization withdraws its registration with the university or the student organization is discontinued pursuant to its constitutional provisions before the conduct process has been completed, the university may prohibit the student organization from re-registering until the conduct process has been resolved.

(4) On- and off-campus conduct

(a) The S.C.O.C. applies to student and student organization conduct that occurs on any university campus or on university owned, leased, or controlled premises, and conduct that occurs during remote or online learning or other university related events or activities.

(b) The S.C.O.C. also applies to off-campus conduct when the conduct or the presence of a student or student organization, in the university's sole judgment, impairs, obstructs, or interferes with the mission or process or functions of the university. Factors considered by the university include, but are not limited to, the following:

(i) Whether the student or student organization was acting as a representative of the university;

(ii) The seriousness of the conduct that occurred;

(iii) Injuries to students or others;

(iv) The extent of danger posed to the community;

(v) Whether a student organization was involved;

(vi) Whether the incident could result in a felony charge; or

(vii) Whether weapons, drugs, or alcohol were involved.

(c) The university reserves the right to take conduct action for conduct when the student or student organization - in the university's sole judgment - poses an obvious threat of serious harm to any member of the university community or when such conduct has continuing effects that effectively deny community members access to resources and opportunities, unreasonably interfere with the university community working and living environment, or deprive university community members of protected rights, in a university program or activity. This action may be taken to address conduct that occur before, between, during, or after academic periods.

(5) To determine whether student conduct in question is academic or nonacademic misconduct, the dean of the college where the misconduct occurred (or designee) and the director of the office of student conduct and community standards (or designee) should consult to determine whether the matter shall be handled as academic or nonacademic misconduct.

(6) Riotous conduct

Section 3333.38 of the Revised Code concerns the riotous conduct of students on and around university campuses. Action taken as a result of section 3333.38 of the Revised Code does not limit the university of Cincinnati's ability to otherwise discipline students under the S.C.O.C.

(7) Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 - 1688)

(a) The university president has authority to create and implement policies to bring the university in compliance with Title IX regulations and applicable laws. The president may delegate this authority to the proper university department, who must work in consultation with the office of general counsel and in coordination and collaboration with other appropriate university offices.

(b) Students should refer to university Title IX policies for information on jurisdiction, definitions, hearings, and other related procedures.

(F) Reporting misconduct

(1) Amnesty

(a) The university's primary concern is the health, safety, and welfare of the university community. To maintain a safe and scholarly community, the university encourages students to report code of conduct violations and crimes involving a victim, including sexual misconduct.

(b) To encourage reporting, the university of Cincinnati has the discretion not to pursue certain non-violent S.C.O.C. violations such as use of alcoholic beverages or drugs related to the incident. Amnesty may be applied to parties, bystanders, witnesses, students, or student organizations who participate in the conduct process, or students who seek assistance for themselves or other students experiencing an alcohol and/or other drug-related emergency. Amnesty will be determined on a case-by-case basis, in an equitable manner so as not to interfere with the rights of the parties, at the discretion of the director of the office of student conduct and community standards (or designee).

(c) Students receiving amnesty may be required to participate in an educational response.

(2) With the exception of student or student organization conduct that potentially violates Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d, et seq.) or Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 - 1688), reports of academic or nonacademic misconduct concerning a student or student organization can be reported to the office of student conduct and community standards in person, by telephone, email, U.S. mail, or by submitting the online reporting form accessible on the office of student conduct and community standards' webpage.

(3) All reports or inquiries involving potential violation of Title VI or Title IX must be reported pursuant to the university of Cincinnati's Title VI policy or Title IX sexual harassment policy.

(4) Instances of academic misconduct should also be reported to the college conduct administrator for the home college where the misconduct occurred.

(G) Timelines

Listed timelines exclude weekends, university recognized holidays, term breaks, and anytime when the university is closed or classes are not in session. Timelines may also be extended for extenuating circumstances as determined by the director of the office of student conduct and community standards (or designee).

(H) Notification

All written notices to students are considered received upon delivery to the student's university of Cincinnati email address. All written notices to a student organization are considered received upon delivery to a student organization's representative's university of Cincinnati email address. Students and student organization representatives are responsible for regularly checking their university email.

(I) Educational response

The university may administer an educational response(s) to address student or student organization conduct. Educational responses are intended to incorporate values of the university community and allow an opportunity for students and student organizations to grow as responsible members of the university community. While educational responses are not sanctions, they may be administered as a result of a student's or student organization's conduct even if the conduct does not warrant the commencement of the academic or nonacademic misconduct process. In such cases where conduct does not warrant the commencement of the academic or nonacademic misconduct process, the educational response may be documented and kept on file in the office of student conduct and community standards but is not considered a sanction.

Last updated August 17, 2026 at 10:16 AM

Supplemental Information

Authorized By: 3361.
Amplifies: 3361.03, 3345.21-25
Prior Effective Dates: 10/7/2010, 8/8/2016

Rule 3361:40-5-05.1 | Conduct, rights and responsibilities: academic misconduct.

• Effective: August 15, 2026
• Promulgated Under: 111.15

(A) Academic integrity and honor pledge

(1) In pursuit of its teaching, learning and research goals, the university of Cincinnati aspires for its students, faculty, and administrators to reflect the highest ethical standards defined by the international center for academic integrity as "a commitment, even in the face of adversity, to six fundamental values: honesty, trust, fairness, respect, responsibility, and courage."

(2) Some faculty members and academic units may ask students to sign an honor pledge before taking tests or when submitting assignments. Honor pledges serve primarily as a teaching tool. Refusal to sign an honor pledge does not constitute a violation of the S.C.O.C.

(B) Jurisdiction

(1) Each college dean appoints a college conduct administrator who is responsible for the administration of undergraduate academic misconduct procedures.

(2) The head of each graduate program or college conduct administrator (or designee) oversees the administration of academic misconduct procedures for graduate students in that graduate program.

(3) Complaints of academic misconduct shall be initiated by the instructor in whose course the alleged misconduct occurred or, in the absence of an instructor, by the academic unit head or the dean (or designee). Supervisors or authorized staff involved in the testing or evaluation process, including testing center personnel and testing proctors, may also initiate complaints of academic misconduct.

(4) When academic misconduct triggers rule 3361:10-17-05 of the Administrative Code, the academic misconduct process described herein will not commence until after the completion of the research misconduct investigation conducted pursuant to rule 3361:10-17-05 of the Administrative Code.

(C) Academic misconduct violations

(1) Aiding and abetting academic misconduct

Knowingly helping, procuring, or encouraging another person to engage in academic misconduct violations.

(2) Cheating

Any dishonesty or deception in fulfilling an academic requirement, such as:

(a) Use or possession of unauthorized material or technological devices.

(b) Obtaining unauthorized assistance or accessing, reviewing, or obtaining answers from another person or source.

(c) Furnishing unauthorized assistance or answers to another person.

(d) Possessing, using, distributing, or selling unauthorized copies of academic materials.

(e) Representing academic work by another person as one's own.

(f) Doing academic work in place of another person.

(g) Obtaining unauthorized access to the computer files of another person or agency or altering or destroying those files.

(h) Unauthorized use of artificial intelligence.

(3) Fabrication

The falsification of any information, research statistics, lab data, or citation in an academic exercise.

(4) Plagiarism

(a) Submitting another's published or unpublished work in whole, in part, or in paraphrase, as one's own without fully and properly crediting the author with footnotes, quotation marks, citations, or bibliographic references.

(b) Submitting as one's own original work, material obtained from an individual, agency, or the internet without reference to the person, agency, or webpage as the source of the material.

(c) Submitting as one's own original work material that has been produced through unacknowledged collaboration with others without release in writing from collaborators.

(d) Submitting one's own previously written, oral, or creative work without modification and instructor permission.

(5) Violating professional standards and codes

Some professions are governed by standards and codes specific to their field. Those professional standards and codes generally advance the quality of the profession by developing codes of ethics, conduct, and professional responsibility and standards by which their members are guided. An academic college may require its students to abide by these professional standards and codes as outlined in the academic college's handbook.

(D) Procedures for academic misconduct

Students notified of alleged academic misconduct, whether acknowledging involvement or not, will be allowed to continue in the course without prejudice pending completion of the academic misconduct process. If a student chooses to withdraw from a course during their academic misconduct process, the process will continue and the student is responsible for meeting all deadlines and processes set forth below. If the misconduct occurs at the end of an academic semester or break, the process will continue consistent with the timeline once classes resume. The student is responsible for honoring all deadlines and processes below. If the resolution impacts a grade or status of a course, the college conduct administrator will notify the registrar as applicable.

(1) Instructor-student resolution

(a) Notification form

(i) Within ten days of discovering the alleged misconduct, the instructor (or in the absence of an instructor, the academic unit head or the dean, or designee) will provide the student with notice via the notification form. The notification form will include the alleged academic misconduct violation(s) at issue, the allegation(s) underlying the alleged academic misconduct violation(s), and a request to meet with the instructor to discuss the allegation(s).

(ii) Review meeting. The student may have an adviser at the review meeting. This meeting must be scheduled within five days of the student receiving the notification form.

(iii) After the review meeting, the instructor has five days to:

(a) Provide written notice to the student that the allegation(s) has been dismissed and the case will be considered resolved; or

(b) Move forward with the allegation(s) and provide a resolution form to the student outlining the alleged misconduct violation(s) and proposed sanction(s).

(b) Student's response to the resolution form

(i) The student has five days to return the completed resolution form to the instructor. The student may choose one of the following three options:

(a) Option 1. Accept responsibility for the misconduct violation(s) and agree to the sanction(s).

(i) The instructor will notify the college conduct administrator of the college in which the misconduct occurred and the agreed-upon sanction(s) will be imposed.

(ii) The college conduct administrator will record the resolution form and provide a copy to the director of the office of student conduct and community standards and the college conduct administrator of the student's home college.

(b) Option 2. Accept responsibility but challenge a sanction and request a college hearing panel. The instructor will ask the college conduct administrator of the college in which the misconduct occurred to convene a college hearing panel.

(c) Option 3. Deny responsibility and request a college hearing panel. The instructor will ask the college conduct administrator of the college in which the misconduct occurred to convene a college hearing panel.

(ii) If the student fails to respond to the resolution form, and the proposed sanction is less than a college or university suspension or expulsion, the allegations and misconduct violation(s) are accepted as true, and the finding(s) and sanction(s) are final, but may be appealed as set forth in rule 3361:40-5-05.3 of the Administrative Code. For proposed sanctions that result in a college or university suspension or expulsion, a college hearing panel will be scheduled.

(2) Resolution by college hearing panel

(a) College hearing panel members

(i) When an instructor-student resolution is not achieved, the college conduct administrator, as soon as reasonably possible, convenes a college hearing panel of the college in which the alleged misconduct occurred. The college hearing panel will conduct a hearing on the alleged misconduct, issue a factual determination, and determine appropriate sanctions, if applicable. The hearing date, time, and location will be set by the college conduct administrator. The college conduct administrator will notify the parties of the hearing date, time, location, and the names of the college hearing panel members.

(ii) The college hearing panel consists of: the hearing chair, one representative selected by the college faculty, and one representative selected by the college tribunal or undergraduate student government or graduate student government. The hearing is chaired by the college conduct administrator (or designee). The hearing chair only votes in the event of a tie.

(iii) A party may challenge participation of any panel member on the grounds of conflict of interest. Challenges must be submitted in writing to the hearing chair within three days after the party receives the notice of hearing letter. The challenge must specify reasons that would prevent the panel member from being unbiased with respect to the hearing proceedings. The hearing chair decides whether the challenge has merit. If the challenge is granted, a substitute panel member will be appointed and the same option to challenge exists. If the hearing chair is challenged, the dean of the college (or designee) determines the validity of the challenge and either replaces or retains the hearing chair.

(b) Hearing participants

(i) Hearings are closed to the public.

(ii) Presence at hearings is restricted to the parties involved, except as otherwise noted.

(iii) Complainant must participate in the hearing in-person or via video conference. If the respondent chooses not to attend the hearing, the respondent's written statements will be reviewed and evaluated based on the information available.

(iv) The parties may elect to have an adviser of their choice with them at the hearing.

(v) The parties will be afforded the opportunity to have witnesses testify in the hearing. Witnesses must testify in-person or via video conference. No later than five days after receiving a notice of hearing letter, the parties must disclose to the hearing chair the identity of the witnesses, a summary of what each witness will speak to, and submit any other evidence. The hearing chair will provide a list of the witnesses and any other submitted evidence to the parties five days prior to the hearing. The hearing chair, in consultation with the college hearing panel, reserves the right to limit the number of witnesses. During the hearing, witnesses are present only when giving their own testimony.

(c) Hearing procedures

(i) The hearing chair reserves the right to make appropriate and/or reasonable accommodations as required under law, and/or for the safety of the parties and witnesses, during a college hearing panel hearing.

(ii) Only relevant information will be considered during the hearing. The hearing chair, in consultation with the college hearing panel, determines if testimony and other evidence is relevant, and may place time limitations on testimony and opening and closing statements.

(iii) The parties have the right to submit written questions to be asked of each party and all witnesses who participate in the hearing. The hearing chair, in consultation with the college hearing panel, has the right to review and determine which written questions will be asked.

(iv) The parties will be given an opportunity to present an opening and a closing statement.

(v) At the close of the hearing, the college hearing panel will deliberate privately to determine if the respondent violated the S.C.O.C.

(vi) When more than one respondent is involved in the same allegation of misconduct, they have the right to have separate hearings. Respondents may have their cases consolidated and heard at the same time. Such requests must be made to the hearing chair no less than five days prior to the scheduled hearing. The college hearing panel has the right to maintain separate hearings. If the college hearing panel wishes to consolidate the hearings, the college hearing panel must ask each respondent if they are comfortable consolidating the hearing or if they wish to be heard separately. All parties and the college conduct administrator (or designee) must agree to the hearing consolidation and the hearing consolidation form must be completed.

(vii) The college hearing panel hearing, but not deliberations, are recorded by the university. Any record of the hearing will be subject to the Family Educational Rights and Privacy Act. All parties may have post-hearing access to inspect the recorded hearing.

(d) Post-hearing procedures

(i) The college hearing panel will seek to reach a consensus in adjudicating cases. In the event there is no consensus, a majority vote will determine the outcome. In the event of a tie vote, the hearing chair will vote.

(ii) Within three days of the conclusion of the college hearing panel hearing, the hearing chair of the college hearing panel will notify the respondent and complainant of the college hearing panel's decision and appeal procedures.

(E) Appeal procedures

Appeals are subject to the procedures set forth in rule 3361:40-5-05.3 of the Administrative Code.

(F) Final decision

If the respondent does not appeal within the specified appeal time, the decision is final and the sanctions imposed take immediate effect. The college conduct administrator will forward a copy of the final resolution to the respondent and the office of student conduct and community standards after the resolution. When a respondent is involved in an academic misconduct case outside their home college, the college conduct administrator will forward a copy of the final resolution to the student's home college's college conduct administrator after the resolution. If a respondent has no home college, the college conduct administrator will forward a copy of the final resolution to the vice provost for undergraduate studies (or designee) for undergraduate students, or the vice provost for graduate studies and dean of the graduate school (or designee) for graduate students after the resolution.

(G) Sanctions for academic misconduct

A respondent found responsible for academic misconduct will be subject to sanctions, up to and including university expulsion. A single act may constitute more than one violation of the S.C.O.C. Sanctions will be determined based on the severity of the misconduct and other relevant information. Multiple sanctions may be imposed should the misconduct warrant it. The regular refund schedule outlined in university publications will apply in the event of a suspension or expulsion from the university.

Examples of sanctions for academic misconduct include the following:

(1) Academic action

Includes altering a grade or assigning a failing grade for the assignment, examination, or course.

(2) Academic reprimand

Written notification to students informing them that their conduct is unacceptable and that this incident may be taken into consideration if misconduct reoccurs.

(3) Academic probation

Imposes specific restrictions or places extra requirements on the student for a specified period. Conduct action should be consistent with the philosophy of providing constructive learning experiences as a part of the probation. A student may be required to meet periodically with designated persons. Any further misconduct on the student's part during the period of probation may result in additional sanctions, including suspension or expulsion.

(4) College suspension

Prohibits the student from attending and/or enrolling in courses within a particular academic college for a specified period of time. The student may enroll in courses offered by other academic colleges.

(5) University suspension

Prohibits the student from attending the university and from being present without permission of the director of the office of student conduct and community standards (or designee) on specified university owned, leased, or controlled property, and prohibits the student from enrolling or participating in remote or online classes or other remote or online university events or activities, for a specified period of time. University suspensions shall have effective beginning and ending dates. Students placed on university suspension must comply with all suspension requirements. A student seeking to attend the university after the conclusion of the suspension shall first request permission to re-enroll, or reregister, from the office of student conduct and community standards and then apply for readmission to their college.

(6) College expulsion

Permanently prohibits the student from attending and/or enrolling in classes in a particular academic college. The student may continue attending classes in other academic colleges.

(7) University expulsion

Permanently prohibits the student from enrolling, attending, or being recognized by the university and from being present, without permission, at any university event or on any university owned, leased, or controlled property.

(8) Educational sanctions

Sanctions designed to develop the student by incorporating values of the university community and allowing an opportunity for students to grow as responsible members of the university community. Examples include, but are not limited to: conferences, discussions, reflection papers, service, and workshops.

Last updated August 17, 2026 at 10:16 AM

Supplemental Information

Authorized By: 3361.
Amplifies: 3361.03, 3345.21-25

Rule 3361:40-5-05.2 | Conduct, rights and responsibilities: nonacademic misconduct.

• Effective: August 15, 2026
• Promulgated Under: 111.15

(A) Nonacademic misconduct violations

(1) Aiding and abetting

Helping, procuring, or encouraging another person to engage in nonacademic misconduct violations.

(2) Alcohol

Possesses, consumes, or distributes alcoholic beverages on campus in unlicensed facilities, except during events or in circumstances authorized by university officials; failing to comply with state law or university policy regarding use, transportation, or sale of alcoholic beverages. Possession of containers designed for alcohol beverages in unauthorized locations and/or while underage. Containers include, but are not limited to: alcohol boxes, flasks, empty alcohol bottles/cans. Behavior that evidences public intoxication.

(3) Bullying

Bullying is conduct (whether written, verbal, electronic, or physical act) that is unwelcome and so severe, pervasive, and objectively offensive that it effectively denies an individual equal access to the individual's education program or activity. Notwithstanding anything herein to the contrary, bullying does not include participating in constitutionally protected activities.

(4) Destruction of property

Damages, destroys, defaces, or alters the property of the university or the property of another person or entity.

(5) Dishonesty and misrepresentation

Provides false information, written or oral, including, but not limited to, possessing or presenting false identification, forgery, alteration, or misuse of university documents or records.

(6) Disruption or obstruction

Disrupts, obstructs, or interferes with university functions, activities, or the pursuit of the university mission, including, teaching, research, administration, or conduct proceedings.

(7) Disturbing the peace

Conduct that disturbs the peace, including but not limited to: disorderly conduct, failure to comply with an order to disperse, or fighting.

(8) Drugs and narcotics

Uses, manufactures, distributes, buys, sells, offers for sale, or possesses illegal drugs, narcotics, drug paraphernalia, or unauthorized use or unauthorized possession of prescription medication.

(9) Failure to comply or identify

Failure to comply with the directions of university officials or law enforcement officers acting within the scope of their duties, or posted or written rules; this includes, but is not limited to, failure to evacuate during an emergency and/or failing to identify oneself to any of these persons when requested to do so.

(10) Failure to comply with sanctions

Failure to comply with sanctions imposed as a result of conduct action outlined in the S.C.O.C.

(11) False charges or statements

Intentionally making false charges or allegations of misconduct, including, but not limited to making or providing false statements as a part of an investigation or at university hearings.

(12) False report of emergency

Causes, makes, or circulates a false report or warning of a fire, explosion, crime or other catastrophe or emergency; including, but not limited to, activating a false fire alarm.

(13) Harassment or discrimination

The university prohibits discrimination and harassment on the basis of age, ancestry, color, disability, gender identity and/or expression, genetic information, military status (including veteran status), national origin (including shared ancestry or ethnic characteristics), parental status (including status as a nursing mother and status as a foster parent), pregnancy, race, religion, sex, sexual orientation, or any other status protected by law (each a "protected class"). Definitions for harassment or discrimination based on a protected class are set forth in university policies.

(14) Hazing

Violating rule 3361:40-03-12 of the Administrative Code. Specifically, "hazing" means doing any act or coercing another, including the victim, to do any act of initiation into any student or other organization or any act to continue or reinstate membership in or affiliation with any student or other organization that causes or creates a substantial risk of causing mental or physical harm to any person, including coercing another to consume alcohol or a drug of abuse, as defined in section 3719.011 of the Revised Code.

(15) Misuse of identification documents

Unauthorized transferring, lending, using, or altering a university identification card or any other record or instrument of identification.

(16) Misuse of safety equipment

Unauthorized use or alteration of firefighting equipment, safety devices, fire alarms, fire extinguishers, or other emergency safety equipment.

(17) Misuse of university information technology

Theft, misuse, or illegal use of university information technology resources such as computer hardware or software, electronic mail or information, podcasts, voice mail, telephone, fax, including but not limited to:

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

(b) Unauthorized transfer or distribution of a file.

(c) Unauthorized access to or use of another individual's identification and/or password.

(d) Use of information technology to interfere with the work of another student, faculty member, or university official or with normal operations of the university.

(e) Use of information technology for unauthorized posting of copyrighted materials or obscenities as defined in division (F) of section 2907.01 of the Revised Code.

(18) Passive participation

Knowingly being in the presence of any form of misconduct identified in the S.C.O.C. after one has had a reasonable opportunity to remove oneself.

(19) Physical abuse or harm, or threat of physical abuse or harm

Acts which cause or reasonably could cause physical harm to any person are prohibited. Actions that specifically threaten or cause a person to reasonably believe that the offender may cause physical harm are also prohibited.

(20) Public endangerment

Actions that endanger others including, but not limited to: dropping objects from buildings, activating a false fire alarm, or tampering with safety equipment.

(21) Recording and distribution without knowledge

Using electronic or other means to make and distribute a video, audio, or photographic record of any person in a location where there is a reasonable expectation of privacy and without the person's prior knowledge, when such a record is likely to cause injury, distress, or damage to reputation.

(22) Residence hall rules and regulations

Violating the terms and conditions of the university housing agreement, university lease agreement, or of published rules and regulations of the office of resident education and development, office of housing, or university dining facilities.

(23) Retaliation, intimidation

Threats or acts of retaliation or intimidation made to another person in response to the implementation of the S.C.O.C. or university rules and policies.

(24) Smoking rule

Violating rule 3361:10-17-06 of the Administrative Code on tobacco and smoke free environment.

(25) Theft or receipt of stolen property

Theft of property or services of the university, any person, or entity. Unauthorized possession of property known to be stolen or that may be identified as property of the university, any person, or entity.

(26) Trespass and unauthorized access

Unauthorized access into or onto any university or other entity's property, building, room, structure or facility.

(27) Unauthorized use of property or services

Unauthorized use or possession of property or resources of the university, any person, or entity.

(28) Unauthorized use of university keys

Unauthorized use, distribution, duplication, or possession of any keys issued for any university building, laboratory, facility, room, or vehicles. Keys are defined as any mechanism used to access locked areas.

(29) University policies or rules

Any violation of published university rules or policies.

(30) Violation of federal, state, or local law

Violation of any federal, state, or local law where the effect is interference with university activities or an identifiable individual's university work or academic activities.

(31) Violation of probation

Violating the S.C.O.C. while on university probation or violating the specific terms of that probation.

(32) Weapons

With the exception of provisions identified in section 2923.1210 of the Revised Code, use, storage, or possession of a firearm, explosive device of any description, ammunition, or anything used to threaten, harm, or disrupt the university community including, but not limited to: firecrackers, compressed air or spring activated guns, pellet guns, BB guns, paintball guns, water guns, nerf guns, knives of any type, or any other items which would reasonably be deemed threatening by a reasonable person.

(B) Procedures for nonacademic misconduct

(1) Harassment or discrimination based on a protected class

The director of the office of student conduct and community standards will send reports and complaints alleging harassment or discrimination based on a protected class to the university's office of equal opportunity to conduct a jurisdictional assessment and an investigation, if necessary, pursuant to the appropriate university policy. Complainants and respondents should refer to the appropriate harassment or discrimination policy for additional information regarding the formal resolution process.

(2) Report

Any person, department, organization, or entity may report an alleged nonacademic misconduct violation of the S.C.O.C. by a student or student organization. A report is not the same as the filing of a complaint.

(3) Complaint

After reviewing the report, and obtaining additional information when appropriate, the director of the office of student conduct and community standards (or designee) will determine whether there is jurisdiction under the S.C.O.C. to adjudicate the report. If there is jurisdiction, and if necessary, the director of the office of student conduct and community standards (or designee) will confirm, in writing, with the appropriate individual, college, department, or division that it would like to move forward as a complainant.

This section does not apply to complaints alleging non-Title IX sexual harassment.

(4) Notice

After the complaint is filed, the director of the office of student conduct and community standards (or designee) will initiate the conduct process by giving the respondent written notice of the alleged violations. The written notice describes the date, time, and location of the alleged violation(s) and informs the respondent about the reported circumstances underlying the alleged violation(s). The notice will also state the date, time, and location of the procedural review and the name of the review administrator.

This section does not apply to complaints alleging non-Title IX sexual harassment.

(5) Alternative resolution process

Based on the nature of the incident and the willingness of those involved, the office of student conduct and community standards may recommend to the parties that the matter be addressed using an alternative resolution process. No such resolution shall be conducted unless all parties consent to the alternative resolution process.

(6) Preliminary review stage

(a) Procedural review

(i) The review administrator will conduct separate procedural reviews with the complainant and respondent.

(ii) The purpose of the procedural review is to provide an explanation of the conduct process, review the alleged violation(s), give the complainant and respondent an opportunity to be heard and provide information (e.g., a statement, records, witnesses names) to the review administrator, and discuss options for resolution.

For complaints alleging non-Title IX sexual harassment, the purpose of the procedural review is to provide an explanation of the university conduct board hearing process.

(iii) Following the conclusion of the procedural reviews, the review administrator may interview witnesses identified by the complainant and respondent.

This section does not apply to complaints alleging non-Title IX sexual harassment.

(iv) Parties may elect to have an adviser present.

(v) Procedural reviews may be rescheduled at the discretion of the office of student conduct and community standards.

(vi) Complainant does not attend procedural review

If complainant does not attend the procedural review, the review administrator will issue a notice with a new date, time, and location as determined solely by the review administrator. The notice will inform the complainant that failure to attend the rescheduled procedural review will result in the complaint being dismissed and cannot be refiled.

(vii) Respondent does not attend procedural review

If respondent does not attend the procedural review, the review administrator will issue a notice with a new date, time, and location as determined solely by the review administrator. The notice will inform the respondent that failure to attend the procedural review will result in the review administrator issuing the notice of outcome.

This section does not apply to complaints alleging non-Title IX sexual harassment.

(b) Notice of outcome

(i) A respondent may be found not responsible following a procedural review. If a respondent is found not responsible, their case, or any portion thereof, may be considered resolved and closed.

(ii) If a respondent is found responsible following a procedural review, then no later than three days from receipt of the notice of outcome, the respondent shall notify the office of student conduct and community standards in writing whether the respondent:

(a) Accepts responsibility for the violation(s) and agrees to accept the sanction(s) imposed by the review administrator; or

(b) Accepts responsibility but disputes the proposed sanction(s) and requests that the sanction(s) be determined by the university conduct board; or

(c) Does not accept responsibility and requests a hearing before the university conduct board.

(iii) If the respondent fails to notify the office of student conduct and community standards of the option selected within three days of receipt of the notice of outcome, the following will occur:

(a) For students: If the proposed sanction is less than university suspension or university expulsion, the outcome and sanctions set forth in the notice of outcome are deemed accepted by the respondent, but may be appealed by the respondent as set forth in rule 3361:40-5-05.3 of the Administrative Code. Respondent's failure to file an appeal will result in the outcome and sanctions being deemed final. For proposed sanctions that result in university suspension or university expulsion the university conduct board hearing will be scheduled.

(b) For student organizations: The outcome and sanctions set forth in the notice of outcome are deemed accepted, but may be appealed by the respondent as set forth in rule 3361:40-5-05.03 of the Administrative Code. Respondent's failure to file an appeal will result in the outcome and sanctions being deemed final.

(iv) For certain matters, the office of student conduct and community standards encourages respondents charged in the same incident, and who choose to have a university conduct board hearing, to have their cases consolidated. The office of student conduct and community standards reserves the right to request consolidation of hearings if all parties agree for all cases to be heard together and the hearing consolidation form must be completed.

(v) Notice of outcome will not be issued for complaints alleging non- Title IX sexual harassment. These matters are automatically scheduled for a hearing before the university conduct board.

(7) Resolution by university conduct board hearing

(a) Notice of university conduct board hearing

When a resolution is not achieved through the procedural review, the office of student conduct and community standards, as soon as reasonably possible, convenes a university conduct board hearing panel. The university conduct board hearing panel will conduct a hearing on the alleged misconduct, issue a factual determination, and determine appropriate sanctions, if applicable. The hearing date, time, and location will be set by the office of student conduct and community standards. The office of student conduct and community standards will notify the complainant and respondent of the hearing date, time, location, and the names of the university conduct board hearing panel members.

(b) University conduct board members

(i) A pool of members will be available to serve on the university conduct board. This pool will consist of faculty, staff, graduate students, and undergraduate students selected by the director of the office of student conduct and community standards.

The university conduct board is composed of the hearing chair, two faculty and/or staff selected from the university conduct board pool, and two undergraduate student representatives selected from the university conduct board student pool for undergraduate cases or two graduate students selected from the university conduct board graduate student pool for graduate cases.

For cases of non-Title IX sexual harassment, the university conduct board shall consist of the hearing chair and three faculty and/or staff selected from the university conduct board pool.

(ii) The hearing chair shall be the director of the office of student conduct and community standards (or designee).

(iii) A quorum is present for undergraduate cases when the hearing chair, one faculty or staff, and one student representative are present. A quorum is present for graduate cases when the hearing chair, one faculty or staff, and one student representative are present. A quorum is present for non-Title IX cases of sexual harassment when the hearing chair and two faculty or staff are present. The hearing chair will only vote in the case of a tie by the members of the university conduct board.

(iv) A party may challenge participation of any university conduct board member on the grounds of conflict of interest. Challenges must be submitted in writing to the hearing chair within three days of a notice of hearing letter. The challenge must specify reasons that would prevent the university conduct board member from being unbiased with respect to the hearing proceedings. The hearing chair decides whether the challenge has merit. If the challenge is granted, a substitute conduct board member will be appointed and the same option to challenge shall exist. If the hearing chair is challenged, the dean of students (or designee) shall determine the validity of the challenge and either replace or retain the hearing chair.

(c) Hearing participants

(i) Hearings are closed to the public.

(ii) Presence at hearings shall be restricted to the parties involved, except as otherwise noted.

(iii) Complainants, when applicable, are strongly encouraged to participate in the hearing in-person or via video conference. In matters requiring credibility assessments, complainants are required to participate in the hearing in-person or via video conference. If the respondent chooses not to attend the hearing, the respondent's written statement will be reviewed and evaluated based on the information available.

(iv) The parties may elect to have an adviser present.

(v) The parties will be afforded the same opportunities to have witnesses present for hearings. Only statements from witnesses who participate in the hearing in-person or via video conference will be considered by the university conduct board. The parties must disclose to the hearing chair the identity of the witnesses, a summary of what each witness will speak to, and submit any other evidence, five days after receiving a notice of hearing letter. The hearing chair will provide a list of the witnesses and any other submitted evidence to the parties five days prior to the hearing. The hearing chair, in consultation with the university conduct board, reserves the right to limit the number of witnesses. Witnesses are present only when giving their own testimony.

(d) Hearing procedures

(i) The hearing chair reserves the right to make appropriate and/or reasonable accommodations as required under law, and/or for the safety of all parties and witnesses, during a university conduct board hearing.

(ii) University conduct board hearings are recorded by the university. University conduct board deliberations will not be recorded. Any record of the hearing will be subject to the Family Educational Rights and Privacy Act. All parties may have post-hearing access to inspect the recorded hearing.

(iii) Only relevant information will be considered during the hearing. The hearing chair, in consultation with the university conduct board, determines if testimony and other evidence is relevant and may place time limitations on testimony and opening and closing statements.

(iv) The parties will have the right to submit written questions to be asked of all witnesses who participate in the hearing. The hearing chair, in consultation with the university conduct board, has the right to review and determine which written questions will be asked. Only relevant questions will be asked.

(v) The parties will be given an opportunity to present an opening and closing statement. At the close of the hearing, the university conduct board will deliberate privately to determine if the respondent is found to have violated the S.C.O.C

(e) Post-hearing procedures

The university conduct board will seek to reach a consensus in adjudicating cases. In the event there is no consensus, a majority vote will determine the outcome. In the event of a tie vote, the hearing chair will render a vote. Within three days of the conclusion of the university conduct board hearing, the hearing chair will concurrently notify the parties of the university conduct board decision and appeal procedures.

(C) Appeal procedures

Appeals are subject to the procedures set forth in rule 3361:40-5-05.03 of the Administrative Code.

(D) Final decision

If a party does not appeal within the specified appeal time, the outcome and sanctions imposed take immediate effect.

(E) Disclosures

(1) The university of Cincinnati may notify the parents or guardians of any student who is under the age of twenty-one and who has been found to be in violation of the S.C.O.C. with respect to any federal, state, or local law or university policy governing the use or possession of alcohol or a controlled substance.

(2) Students will receive notice of notification letters sent to their parents or guardians.

(3) The university also reserves the right to make any disclosures as permitted by the Family Educational Rights and Privacy Act.

(4) In complaints involving crimes of violence, the complainant will receive written notification of sanctions that the respondent may receive, consistent with federal and state law.

(F) Interim measures

(1) The university may impose interim measures to protect the rights, ensure the safety, or address the concerns of students, staff, faculty, and the university community. Interim suspension may be imposed pending the application of the conduct process. The conduct process will proceed without undue delay.

(2) An interim suspension is a temporary, immediate removal or restriction from university privileges or participation that is put in place while a report or complaint of an alleged violation of the S.C.O.C. is pending. Interim suspension may include restricting a respondent from participating in, or being present at, any university related activities, registered student organization activities, classes, campus facilities, or other necessary measures. Such action shall be taken when the dean of students (or designee) has reasonable cause to believe that the respondent's presence on university owned, leased, or controlled property or at a university related activity, or registered organization related activity, or remote or online classes or other remote or online university events or activities, poses a substantial threat to the health, welfare, or safety of others or the university. An interim suspension begins immediately upon written notice by the dean of students (or designee). The dean of students may place a conduct hold to aid in enforcing the interim suspension.

(3) The respondent may, within three days of written notice of the interim suspension, petition the vice provost for student affairs for reinstatement. The petition must be in writing and must include supporting documentation or evidence that the respondent does not pose, or no longer poses, a significant risk of substantial harm to the health or safety of others or to property. A meeting on such petition will be conducted as soon as possible by the vice provost for student affairs. The purpose of this meeting will be to determine if the interim suspension shall remain in effect, be modified, or be revoked pending a conduct hearing.

(G) Sanctions for nonacademic misconduct

(1) Respondents found responsible for violating the S.C.O.C. will be subject to sanctions, up to and including expulsion. More than one sanction may be imposed for a single violation. A single act may constitute more than one violation of the S.C.O.C. Sanctions are designed to promote the university's educational mission, maintain safety, and deter conduct that violates the S.C.O.C. The director of the office of student conduct and community standards may place a conduct hold to aid in enforcing a sanction.

(2) The regular refund schedule outlined in university publications will apply in the event of a suspension or expulsion from university housing or the university.

(3) Implementation of sanctions is immediate or as defined.

(4) Possible sanctions for student and student organization nonacademic misconduct include:

(a) University reprimand

Written notification to students or student organizations indicating that their conduct is unacceptable and that any other violation may warrant further sanctions.

(b) University probation

Probation is in effect for a specified period of time. A violation(s) of any university policy, rule, or agreement during the period of probation will be viewed as a violation of probation, and will result in further action being imposed, which may include suspension or expulsion. Probation may impose specific restrictions or place extra requirements on the student or student organization for a specified period. Restrictions may vary with each case and may include but are not limited to restrictions related to participation in intercollegiate athletics, representing the university, student leadership, and extracurricular and/or residence life activities. A student or student organization may be required to meet periodically with designated persons. Students or student organizations on university probation are not considered to be in good standing with the university.

(c) University suspension

Prohibits the student from attending, or student organization being recognized by, the university and from being present without permission of the director of the office of student conduct and community standards (or designee) on specified university owned, leased, or controlled property, and prohibits the student from enrolling or participating in remote or online classes or other remote or online university events or activities, for a specified period of time. University suspensions shall have effective beginning and ending dates. Students or student organizations placed on university suspension must comply with all suspension requirements. A student seeking to attend the university, or student organization seeking recognition, after the conclusion of the suspension shall first request permission to re-enroll, or re-register, from the office of student conduct and community standards.

(d) University expulsion

Permanently prohibits the student, or student organization, from enrolling, attending, or being recognized by, the university and from being present, without permission, at any university event or on any university owned, leased, or controlled property.

(e) Educational sanctions

Sanctions designed to develop the student's conduct by incorporating values of the university community and allowing an opportunity for students to grow as responsible members of the university community. Examples include, but are not limited to: conferences, discussions, reflection papers, service, and workshops.

(f) Restitution for damages

Restitution may include a student or student organization being required to repair all damages related to the misconduct, which may include, but is not limited to, assessment of reasonable expenses, such as repair or replacement cost for any damage to property, or any related expenses incurred by the affected parties.

(5) Additional sanctions for student organizations

In addition to sanctions identified in paragraph (G)(4) of this rule, the following sanctions may be imposed on student organizations found responsible for violating the S.C.O.C.:

(a) Loss of student organization privileges

Restricts or removes an organization's privileges on and off campus for a specified period of time. Restrictions may vary with each case and may include, but are not limited to, the following: use of university facilities or services; ability to sponsor, co-sponsor, host, or co-host activities or events; and ability to participate in activities or events such as, but not limited to, intercollegiate athletics, social events, representing the university, student leadership, extracurricular and/or residence life activities.

(b) Loss of university funds

Loss of university funds includes ineligibility to receive funds from any university entity for student organization purposes for a specified period of time, including but not limited to: university funding board, undergraduate student government, graduate student government, center for student involvement, and/or fraternity and sorority life.

(c) Termination of university registration/revocation of university recognition

Prohibits a student organization from being registered or recognized by the university for a specified period of time. During this time, the student organization is prohibited from functioning as a student organization in any capacity both on and off campus. This includes, but is not limited to, the following: alumni events; hosting, sponsoring, co-hosting or co-sponsoring charitable and philanthropic events and social events; participating as an organization in charitable or philanthropic events and social events; meeting as an organization; and, participating in tournaments or other sporting events, trainings, or recruitment. Unregistered and/or unrecognized student organizations are not allowed to re-activate as a student organization without prior written permission from the office of student conduct and community standards, center for student involvement, and/or fraternity and sorority life. An unregistered or unrecognized student organization must apply for reinstatement following the period of termination by submitting a letter to the office of student conduct and community standards, center for student involvement, and/or fraternity and sorority life, whichever is applicable.

Last updated August 17, 2026 at 10:16 AM

Supplemental Information

Authorized By: 3361.
Amplifies: 3361.03, 3345.21-25

Rule 3361:40-5-05.3 | Conduct, rights and responsibilities: appeals.

• Effective: August 15, 2026
• Promulgated Under: 111.15

(A) Filing an appeal

(1) A respondent found responsible for misconduct under rule 3361:40-5-05.1 or 3361:40-5-05.2 of the Administrative Code may file an appeal as set forth in this rule. An appeal must be submitted in writing to the director of the office of student conduct and community standards within five days of receipt of the college hearing panel or university conduct board's decision letter unless the office of student conduct and community standards specifies a longer period of time in writing based on a party's written request for additional time not to exceed ten days from the day of receipt of the decision letter. The written appeal must include a permissible ground for appeal and information to support the appeal.

(2) In non-Title IX sexual harassment matters adjudicated under the S.C.O.C., both the complainant and the respondent have the right to appeal on all permissible grounds.

(B) Permissible grounds for appeal. Permissible grounds for appeals will be limited to the following:

(1) New information: new information was discovered, which was not available at the time of the hearing, and such evidence could affect the decision in the case.

(2) Procedural error: a substantial procedural error occurred in the process which affected the decision in the case.

(3) Sanction of suspension or expulsion: a sanction of suspension or expulsion from the university was imposed and is not commensurate with the violation.

(4) Non-Title IX sexual harassment appeal of sanctions: In appeals involving crimes of violence or non-Title IX sexual harassment, any sanction may be appealed by either the complainant or respondent on the grounds that the sanction is not commensurate with the violation.

(5) Notice of outcome: Respondent has a good basis for failing to respond to the notice of outcome due to illness or another emergency. Respondent must specify if they are appealing the finding of responsibility and/or the sanctions.

(C) University appeals administrators

(1) Appointment of university appeals administrators

The vice provost for student affairs (or designee) will appoint no less than two and no more than five university faculty or staff to serve as university appeals administrators. A university appeals administrator will not serve as a university appeals administrator for any conduct case in which the university appeals administrator has participated in the underlying conduct case's investigation or hearing.

(2) Notice of university appeal administrators

The director of the office of student conduct and community standards (or designee) will provide written notification to the parties of the names of the appointed university appeals administrators.

(3) Challenging university appeals administrators

(a) A party may challenge participation of a university appeals administrator on the grounds of conflict of interest. Challenges must be submitted in writing to the director of the office of student conduct and community standards (or designee) within five days of receipt of the written notice identifying the university appeals administrators. The challenge must specify reasons that would prevent the university appeals administrators from being unbiased with respect to the appeal. The director of the office of student conduct and community standards (or designee) will decide whether the challenge has merit. If the challenge is granted, a substitute university appeals administrator will be appointed by the director of the office of student conduct and community standards (or designee) and the same option to challenge shall exist.

(b) In appeals involving non-Title IX sexual harassment, both the complainant and respondent may challenge the participation of a university appeals administrator on the grounds of conflict of interest as per the process outlined in this section.

(c) The director of the office of student conduct and community standards will forward the appeal along with the conduct case file to the university appeals administrators for review.

(D) Review of Appeal

(1) The university appeals administrator reviews all appeals. All steps in the appeal process will occur as soon as reasonably possible.

(2) University appeals administrator review for permissible grounds:

(a) If the university appeals administrator determines that an appeal was submitted that does not fall within one of the permissible grounds then the university appeals administrator will reject and return the appeal to the applicable parties and include a brief written explanation of the reason the appeal was rejected. That decision is final.

(b) In appeals involving non-Title IX sexual harassment, both the complainant and respondent will be notified of a rejected appeal.

(3) University appeals administrator review for new information or substantial procedural error:

(a) If the university appeals administrator determines that the new information described in the appeal was not available earlier and could affect the decision or that a substantial procedural error occurred in the process which could have affected the decision in the case, the university appeals administrator will charge the university conduct board or college hearing panel to hold a limited hearing for the sole purpose of reviewing the new information or to correct the procedural error.

(b) The new hearing will be limited in scope. It will not include any review of evidence or testimony or modification of factual conclusions reached in the original hearing, unless they are affected by the new information or by the procedural error. The appeal and complete hearing file will be provided to the university college board or college hearing panel.

(c) If members of the university college board or college hearing panel, which initially heard the complaint, are unavailable for continued service, substitute members will be selected by the director of the office of student conduct and community standards (or designee) or by the college conduct administrator. The university appeals administrator may not be a member of the university college board or college hearing panel and does not participate in the limited hearing.

(d) Following this limited hearing, the university college board or college hearing panel will submit a report, and possibly a revised outcome, to the university appeals administrator. The university appeals administrator shall review the file and outcome. If it is the opinion of the university appeals administrator that the new evidence was considered or the procedural error corrected, the university appeals administrator shall forward the recommendation to the appropriate individual designated in paragraph (E)(1) of this rule. If the university appeals administrator determines the university college board or college hearing panel failed to correct the procedural error or failed to consider the new evidence, the university appeals administrator shall return the matter to the university college board or college hearing panel with instructions to reconsider.

(4) University appeals administrator review of sanction of suspension or expulsion:

For appeals of suspension or expulsion based on a claim that suspension or expulsion is not commensurate to the misconduct violation, the university appeals administrator will review the file and issue a recommendation to concur with or modify the sanction, then send the recommendation to the appropriate individual designated in paragraph (E)(1) of this rule.

(5) University appeals administrator review of non-Title IX sexual harassment sanctions:University appeals administrator review of non-Title IX sexual harassment sanctions:

For appeals of non-Title IX sexual harassment sanction(s) based on a claim that the sanction is not commensurate with the misconduct violation, the university appeals administrator will review the file and issue a recommendation to concur with or modify the sanction(s), then send the recommendation to the appropriate individual designated in paragraph (E)(1) of this rule.

(6) University appeals administrator review of notice of outcome:

For appeals based on failing to respond to the notice of outcome, the university appeals administrator will review the respondent's stated reason for failing to respond and any information provided to it by the office of student conduct and community standards regarding communications with the respondent regarding the notice of outcome. If the university appeals administrator finds good basis for the appeal, the university appeals administrator will charge the director of student conduct and community standards to schedule a hearing.

(7) The respondent may continue in their courses without prejudice or interruption until the appeal is final except in matters where an interim suspension is in effect.

(E) Final decision

(1) The final decision to accept, reject, or modify the recommended sanction and to notify all parties in writing of the final decision rests with: the dean of students (or designee) for nonacademic misconduct sanctions other than expulsions; the vice provost for student affairs (or designee) for nonacademic misconduct sanctions of expulsions; the home college deans (or designee), if no home college, the vice provost (or designee) for academic misconduct sanctions other than expulsions; and, the provost (or designee) for academic misconduct sanctions of expulsions.

(2) In appeals involving non-Title IX sexual harassment, the complainant and respondent will receive concurrent notification in writing of the final decision.

Last updated August 17, 2026 at 7:57 AM

Supplemental Information

Authorized By: 3361.
Amplifies: 3361.03, 3345.21-25