THE STUDENT CODE OF CONDUCT
ARTICLE III. STUDENT CONDUCT STANDARDS
The Student Conduct Process aspires to develop and maintain conduct standards in support of character, civility, and community. This section provides a set of expectations regarding student conduct in support of the University community.
A student and/or group/organization may be charged with violating any student conduct standard. In cases where a violation is committed by a member of a group/organization, the entire group/organization may be held responsible in addition to the student when those members of the group/organization not directly involved participate in the activity by encouraging, witnessing, or condoning the act in any manner. The following behavior is subject to disciplinary action under The Student Code of Conduct.
- Academic Dishonesty
Academic dishonesty includes, but is not limited to:
(a) Plagiarism, which includes, but is not limited to: the use, by paraphrase or direct quotation, of the published or unpublished ideas, words, data, or work, of another person without full and clear acknowledgment. It also includes the unacknowledged use of materials prepared by another person or agency engaged in the selling of term papers or other academic materials. It also includes the misrepresentation of another person’s work.
(b) The use of any unauthorized assistance or tools
(i) In taking quizzes, tests, or examinations.
(ii) When completing assignments, solving problems, or carrying out other assignments as detailed in the course syllabus or in other instructions by the instructor.
(c) The acquisition, without permission, of tests or other academic material belonging to a member of the University faculty, staff, or other entity.
(d) Engaging in any behavior specifically prohibited by a faculty member in the course syllabus or other instructions.
(e) Inappropriate collaboration, such as working together on assignments or projects to an extent not permitted by the instructor.
(f) Multiple submissions of the same work, which includes but is not limited to: submitting the same or parts of the same assignment for multiple classes without permission from the instructor.
(g) Fabrication of data, which includes but is not limited to: presenting fictitious data relating to experiments, changing of data obtained from sources, and citing non-existent sources.
(h) Bribes, threats, or intimidation which include but are not limited to: exchange of payment for assignments or parts of assignments, and threats to entice others to engage in academic dishonesty.
(i) Impersonation, which includes but is not limited to: pretending to be another person in the completion of a quiz, exam, or other assignment.
(j) Altering or destroying the work of others unless given permission.
(k) Lying in order to obtain an academic advantage. This includes, but is not limited to: falsification of documents used to request make-up work.
(l) Assisting another person in any of the behaviors mentioned above is itself academic dishonesty.
(m) Asking others to engage in any of the behavior described above is academic dishonesty.
(n) Attempting to engage in any of the above behaviors is academic dishonesty.
(a) Use or possession of alcoholic beverages, except as permitted by law and University policy.
(b) Public Intoxication.
(c) Manufacturing, or distribution of alcoholic beverages to any person under twenty-one (21) years of age except as permitted by law.
(d) All residents and guests in University Housing are prohibited from use or possession of alcoholic beverages, regardless of age, except as permitted by policy or terms of lease.
- Bullying and Harassment
Unwelcome or unreasonable behavior that harasses or intimidates people either as individuals or as a group and is sufficiently severe or pervasive from both a subjective (the complainant’s) and an objective (reasonable person) viewpoint. Bullying and harassing behavior is often persistent and part of a pattern, but it can also occur as a single incident. It is usually carried out by an individual but can also be an aspect of group behavior (see University Policy 3356-2-03 “Discrimination/harassment” and Administrative Code Rule 3356-2-03 “Discrimination/harassment” for prohibited conduct based on individual’s sex, race, color, religion, national origin, age, sexual orientation, gender identity, and/or expression, disability, or veteran/military status or any other basis protected by law).
Allowing or enabling a violation to occur, failing to report a violation, or concealing, condoning, supporting, or encouraging a violation or an attempted violation.
- Conduct System
Abuse of the student conduct system, including, but not limited to:
(a) Failure to obey the summons of a Student Conduct Body or University official to appear for a meeting or hearing as part of the student conduct system.
(b) Falsification, distortion, or misrepresentation of information before a Student Conduct Body.
(c) Institution of a student conduct proceeding knowingly without cause.
(d) Attempting to discourage an individual’s proper participation in, or use of, the student conduct system.
(e) Attempting to influence the impartiality of a member of a Student Conduct Body prior to, and/or during the course of, the Student Conduct Process.
(f) Harassment (verbal or physical) and/or intimidation of a member of a Student Conduct Body, participants, or witnesses prior to, during, and/or after a student conduct proceeding.
(g) Failure to comply with the sanction(s) imposed by the Student Conduct Body.
(h) Influencing or attempting to influence another person to commit an abuse of the student conduct system.
(i) Disruption or interference with the orderly conduct of a student conduct proceeding.
- Disorderly Conduct
Conduct which is disorderly, lewd, or indecent; a breach of peace; obstructs teaching, research, administration, or University activities or functions; or aids, abets, or persuades another person to engage in such conduct.
Use, possession, manufacturing, or distribution of marijuana, heroin, narcotics, or other controlled substances in either refined or crude form, including the use of drug-related paraphernalia, or the misuse of materials as an intoxicant except as expressly permitted by law and/or under the direction of a licensed physician. No student shall sell or give drugs to any other person.
- Failure to Comply
Failure to comply with directions and/or oral or written instructions which are given by any University official, student, faculty member, or staff who is acting in an official University capacity and/or failure to identify oneself to these persons when requested to do so.
- Financial Obligations
Failure to meet all financial obligations to the University.
Gambling or wagering of any form except as expressly permitted by law and/or University policy.
Hazing is defined as an act which endangers the mental or physical health or safety of a student, or which destroys or removes public or private property, for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in a group or organization.
- Information Technology
Theft or other abuse of information technology and resources, 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 of a file.
(c) Unauthorized use of another individual’s identification and password.
(d) Use of computing facilities and resources to interfere with the work of another student, faculty member, or University official.
(e) Use of computing facilities and resources to send obscene or abusive messages.
(f) Use of computing facilities and resources to interfere with the normal operation of the University computing system originating from an on-campus or off-campus source.
(g) Use of computing facilities and resources in violation of copyright laws.
(h) Any violation of the Responsible Use of University Technology Resources Policy (4009.01).
- Non-Academic Dishonesty
(a) Furnishing false information to any University official, faculty member, or office.
(b) Forgery, alteration, or misuse of any University document, record, credit card, or instrument of identification.
(c) Tampering with the election of any University recognized student organization.
(d) Deliberately misleading or intentionally failing to maintain correct address and telephone information with the Registrar.
(e) Misrepresenting enrollment status and/or achievement at the University to non-University officials and/or on non-University documents.
- Obstruction of Traffic
Obstruction of the free flow of pedestrian or vehicular traffic on University premises or at University sponsored or supervised functions.
- Endangering Behavior
(a) Intentionally, knowingly or recklessly causing physical harm to another person or their property or engaging in conduct which threatens or causes a reasonable apprehension of harm to the health, safety, life, or property of a person including one’s self.
(b) Entering false fire alarms, bomb threats, or tampering with fire extinguishers, alarms, smoke detectors, or other safety equipment.
- Property Damage
Any action which damages or could reasonably damage property of the University, or property of a member of the University community, or other personal or public property, on or off campus, or acts of vandalism even if this behavior does not cause damage.
- Published University Policies
Violation of published University policies, rules, or regulations including those available electronically on the University website.
- Sexual Misconduct
A broad range of behaviors including sexual assault, dating violence, domestic violence, stalking, voyeurism, and any other conduct of a sexual nature that is nonconsensual, or is carried out through force, threat, intimidation, or coercion.
(a) Sexual Assault: Any intentional, non-consensual and/or coerced sexual contact. Physical resistance need not occur to meet the definition of sexual assault.
(b) Consent: Sexual activity requires consent, which is defined as positive, unambiguous, voluntary and on-going agreement to engage in a specific activity. Consent must be freely and affirmatively given. Consent cannot be obtained from someone through coercion or from someone who is unconscious, asleep, or whose judgment is impaired by the use of a drug or alcohol, or diminished by an intellectual, mental or physical condition or disability. Consent may be withdrawn at any time.
(c) Coercion: Intimidation, physical or psychological threat, or pressure used to force another to engage in sexual acts.
(d) Stalking: Repeated behaviors or activities whether in person, online, or through any other means which threaten or endanger the safety, physical or mental health, life or property of another or creates a reasonable fear of such threat or action.
(e) Dating Violence: Violence or abusive behavior (sexual, physical, or threat of violence) committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship is determined based on a consideration of the length and type of relationship, and the frequency of interaction between the persons involved in the relationship.
(f) Domestic Violence: Violence or abusive behavior (sexual, physical or threat of violence) used to maintain control or power within a current or former relationship and which is committed by any of the following:
(i) A current or former spouse or intimate partner of the victim;
(ii) A person with whom the victim shares a child in common;
(iii) A person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner;
(iv) By any other person against an adult or youth victim under the domestic or family violence laws of the State of Ohio (See Revised Code 2919.25 Domestic Violence).
(g) Sexual Exploitation: Sexual exploitation occurs when a person takes non-consensual or abusive sexual advantage of another for his/her own benefit or advantage or to benefit or advantage anyone other than the person being exploited, and that behavior does not otherwise constitute another form of sexual misconduct. Examples of sexual exploitation include, but are not limited to, prostituting another, non-consensual video or audio-taping of sexual activity, permitting others to secretly observe or record consensual activity, or engaging in voyeurism.
(h) Sex Offenses: See Chapter 2907 of the Revised Code which defines “Sex Offenses” under Ohio Law.
(i) Please see University Policy 3356-2-03.1/Sexual Misconduct.
Attempted or actual theft, including possession of stolen property.
- Unauthorized Entry
Unauthorized entry to or use of University premises, or unauthorized possession, duplication, or use of keys to any University premises.
- Unauthorized Recording
(a) Unauthorized use of electronic or other devices to make an audio or video recording of any person while on University premises without his/her prior knowledge, or without his/her effective consent when such recording is likely to cause injury or distress, except as otherwise permitted by law.
(b) Unauthorized distribution or dissemination of an audio or video recording or photograph of any person without his or her prior knowledge or consent, even if the audio or video recording or photograph originally had been produced with the person’s consent.
- Violation of Law
(a) Behavior which would constitute a violation of federal, state, or local law that adversely affects the University community or interferes with the University’s mission or its educational objectives and programs.
(b) If a student is charged only with an off-campus violation of federal, state, or local laws, but not with any other violation of The Student Code of Conduct, student conduct action may result and sanctions may be imposed for misconduct that adversely affects the University community or interferes with the University’s mission or its educational objectives and programs. The University, at its sole discretion, may pursue action against a student while the student is also subject to criminal or civil proceedings. In all cases, hearings within the University will be held according to the procedures set forth in ARTICLE VI. Since the University student conduct process is educational in nature, differing judgments may result.
(c) University student conduct proceedings may be instituted against a student charged with a violation of law which is also a violation of The Student Code of Conduct; for example, if both violations result from the same factual situation, without regard to the pendency of civil litigation in court or criminal arrest and prosecution. Proceedings under The Student Code of Conduct may be carried out prior to, simultaneously with, or following civil or criminal proceedings off campus.
(d) When a student is charged by federal, state, or local authorities with a violation of law, the University will not request or agree to special consideration for that individual because of that person’s status as a student. The University will cooperate, to the extent permitted by law, with law enforcement and other agencies in the enforcement of all laws
Illegal or unauthorized possession of firearms, fireworks, explosives, other weapons, or dangerous chemicals on University premises or use of any such item, even if legally possessed, in a manner that harms, threatens, or causes fear to others.
Article I. Rights And Responsibilities
Article IV. Student Conduct Procedures
Section A. General
Section B. Student Conduct Conference
Section C. Student Conduct Board Hearing
Section D. Hearing Procedures
Section E. Student Rights and Responsibilities
Section F. Reasonable Accommodations for Student with Disabilities
Section G. Sanctions
Section H. Interim Measures
Section I. Appeals
Section J. Conduct Procedures for University Housing
Section K. Student Conduct Record
Section L. Special Procedures
Article V. Academic Dishonesty
Article VI. Ohio Revised Code Section 3345.22: “1219” Hearing Process
Section A. Background: Disruptive Behavior and the
Section B. Definition of a Crime of Violence
Section C. Jurisdiction of the “1219” Hearing
Section D. “1219” Hearing Process
Section E. Burden of Proof