Current through all regulations passed and filed through September 16, 2024
(A) Policy statement and purpose
The Bowling Green state university (BGSU) community is
committed to fostering an environment that is conducive to academic inquiry, a
productive campus life and thoughtful study and discourse. The student conduct
and conflict
resolution fuction within the office of the dean of students is committed
to an educational and developmental process that balances the interests of
individual students, recognized student organizations, and student groups with
the interests of the university community. Within our learning community, we
endeavor to act on our core values:
(1) Intellectual and personal
growth;
(2) Creativity, innovation
and entrepreneurism;
(3) Diversity
and belonging;
(4) Collaboration
with each other and our partners; and
(5) Excellence in all we do.
A community exists on the basis of shared values and
principles, At BGSU, students, recognized student organizations, and student
groups are expected to uphold and abide by certain standards of conduct that
form the basis of the code of student conduct.
Each member of the BGSU community bears responsibility for
their conduct and to assume reasonable responsibility for the behavior of
others. When members of the community fail to exemplify these values by
engaging in violations of the rules set within this code of student conduct,
the proceedings outlined within are used to assert and uphold the code of
student conduct.
The student conduct process at BGSU is not intended to punish
students, recognized student organizations, or student groups; rather, it
exists to protect the interests of the community and to challenge those whose
behavior is not in accordance with our policies. This code of student conduct
is intended to ensure that students, recognized student organizations, and
student groups conduct themselves in accordance with the values of the
university by participating in an environment which respects differences of
sex, sexual orientation, gender identity, gender expression, race or color,
marital status, ethnicity, religion or creed, ancestry, genetic information,
pregnancy, national origin, disability, age, and veteran's status. Sanctions
are intended to challenge moral and ethical decision-making and to help bring
behavior into accord with community expectations. When a student, recognized
student organization, or student group should no longer share in the privilege
of participating in this community.
The student conduct process is quite different from criminal
and civil court proceedings. Procedures and rights in student conduct
procedures are conducted with fairness to all but are not an extension of, or
replacement for, the local, state, or federal legal system. Due process, as
defined within these procedures, assures written notice and an opportunity to
be heard before an objective decision-maker. No student, recognized student
organization, or student group will be found in violation of the code of
student conduct without information showing that it is more likely than not a
policy violation occurred. Any sanctions will be proportionate to the severity
of the violation and to the cumulative conduct history of the student,
recognized student organization, or student group.
Students, recognized student organizations, and student groups
are responsible for knowing the information, policies, and procedures outlined
in the code of student conduct. BGSU reserves the right to make changes to this
code of student conduct as necessary and once those changes are posted online,
they are in effect. Students, recognized student organizations, and student
groups are encouraged to check online for the updated versions of all policies
and procedures.
(B) Definitions
(1) The term "code" means the code of student
conduct.
(2) The term "student(s)"
means any person from the time they are admitted to the university up through
the date of graduation. This term includes, but is not limited to:
(a) Newly admitted student(s) who have
attended orientation;
(b) Currently
enrolled individual(s), including dual-enrolled student(s); and/or
(c) An individual who has been enrolled in
classes within the prior two semesters (i.e., summer, fall, or
spring).
(3) The term
"recognized student organization" menas a group of people who are associated
with each other and who have registered with the university as a student
organization as outlined in rule
3341-2-36 of the Administrative
Code.
(4) The term "student group"
means a group of people who are associated with the university and each other,
but who have no registered, or are not required to register as a student
organization (e.g., athletic teams, spirit groups, military organizations,
honor societies, musical or theatrical ensembles, bands, and/or
clubs).
(5) The term "university
official" includes any person employed by the university and any person serving
the university in an official capacity.
(6) The term "member of the university
community" includes any person who is a student, university official, trustee,
or any other person serving the university in an official capacity. The dean of
students or designee shall determine a person's status as a member of the
university community.
(7) For the
purposes of the code, the term "university premises" includes all land,
buildings, facilities, and other property in the possession of or owned,
leased, used, controlled by, or supervised by the university, whether in
Bowling Green, Ohio, or elsewhere.
(8) The terms "shall" and "will" are used in
the imperative sense.
(9) The term
"may" is used in the permissive sense.
(10) The term "day" means business days
(Monday through Friday) when the university is open, regardless of whether
classes are in session. In determining any deadlines as set forth in the code,
references to a number of "days" prior to or ofter occurrence of an event shall
not include the day of the event.
(11) The term "complainant" means any person
filing am incident report of alleged misconduct or otherwise bringing a
complaint to the attention of a university official charged with receiving,
investigating, and remedying a complaint.
(12) The term "respondent" means a student,
or recognized student organization against whom an incident report
of alleged misconduct has been filed under this code. When the respondent is a
recognized organization ,
the presiding officer or an appointed student affiliated with the organization
shall serve as the offical
representative throughout the conduct process.
(13) The term "health" means physical and/or
mental well-being.
(14) For the
purposes of the code, the term "residence hall" means any hall, house, or other
living unit owned or leased by the university for the
purpose of providing student
housing.
(15) The term "incident
report" means any allegation of misconduct submitted through
http://bgsu.edu/reportit. The
university also treats law enforcement agency reports and citations as incident
reports.
(16) The term "conduct
administrator" means an individual or entity authorized by the dean of students
or designee to facilitate the investigation and
informal resolution process involving alleged violations of the code.
(17) The term "decision-maker" means an
individual or entity authorized by the dean of students or designee to facilitate the formal resolution
process involving alleged violations of the code.
(18) The term "preponderance of the evidence"
is the standard of proof for alleged violation(s) of the code. A preponderance
of the evidence means that, based on all the reliable, relevant evidence and
reasonable inferences from that evidence, the respondent is more likely than
not in violation of the code.
The term "not in good conduct standing" is defined as a
student, recognized student organization, or student group that is currently on
university conduct probation. This standing is to alert a student, recognized
student organization, or student group that their behavior(s) do not adhere to
the code of student conduct and any subsequent policy violation(s) will likely
result in suspension or expulsion. Recognized student organizations and student
groups may choose to limit a student's involvement or participation with as
well as benefits from (e.g., receiving awards, scholarships, or forms of
recognition) when a student is not in good conduct standing.
(C) Code authority
Ultimate authority for student conduct is vested in the board
of trustees of the university. The board of trustees has delegated authority
for student conduct to the university's president. The dean of students is the
person designated by the president to be responsible for the administration of
the code. Conduct authority may be delegated to university officials and
committees as set forth in this code, in accordance with other university
policies, rules, or regulations, and as deemed appropriate by the dean of
students or designee.
(D)
Jurisdiction
(1) This code applies to the
conduct of students, recognized student organizations, and student groups that
occurs on or off university premises, which adversely affects members of the
university community and/or the pursuit of its objectives including, but not
limited to, creating a positive academic environment, promoting responsible
citizenship, and fostering an inclusive community.
(2) This code applies to a student's conduct
if the student was considered a student, as defined in this code, at the time
fo the alleged incident, even if the student withdraws from the university
while a conduct matter is pending. This code applies to recognized student
organization's conduct if the student organization was registered with the
university as a student organization at the time of the alleged incident, even
if the student organization surrenders or loses its recognition while the
conduct matter is pending.
(3) This
code may be applied to behavior conducted online, via email, or other
electronic medium. Students, recognized student organizations, and student
groups should also be aware that online postings such as blogs, web postings,
chats, and social networking sites are in the public sphere and are not
private. These postings can subject a student, recognized student organization,
or student group to allegations of conduct violations if evidence of policy
violations is posted online.
(E) Violation of law and university policy
An incident report may be filed against a student, recognized
student organization, or student group charged with a violation of a law that
is also a violation of this code if both violations result from the same
factual situation, independent of any pending criminal prosecution or civil
litigation. Proceedings under the code may be carried out prior to,
simultaneously with, or following criminal prosecution or civil
litigation.
(F)
Intersection with Title IX sexual harassment and policy and procedures
(1) The Title IX sexual harassment and policy
and procedures, rule
3341-2-41 of the Administrative
Code, has certain jurisdictional limitations. An allegation of prohibited
conduct as defined under that policy that is outside the scope of that policy's
jurisdiction, but within the jurisdiction of the university under the code,
will be treated as an allegation of prohibited conduct under this
code.
(2) A matter may be referred
for jurisdictional reasons from the Title IX process to the code process at any
time or may originate in the office of the dean of students and will be
considered non-Title IX sexual misconduct. Interim measures under this code may
be applied as warranted. The code process for a referred matter is set forth in
this code. The dean of students (or designee) will review each referred matter
to determine if additional incident reporting, conduct meetings, or
investigation are needed.
(3) If
the respondent disputes an allegation of prohibited conduct under this code,
the case will proceed in accordance with the hearing procedures set forth in
the code. The appeal process will follow in accordance with the code.
(G) Prohibited conduct
Any student, recognized student organization, or student group
found to have committed one or more of the following acts of prohibited conduct
will be subject to sanctions. The standard of proof in determining whether a
student
or
recognized student organization has violated the code is the preponderance of the
evidence.
(1) Offenses against the
university community
(a) Acts of dishonesty
including, but not limited to:
(i) Furnishing
false information to the university or any university official.
(ii) Furnishing or possessing false,
falsified, or forged materials, documents, accounts, records, identification,
or financial instruments.
(iii)
Tampering with the election of any recognized student organizations or student
group.
(iv) Unauthorized use of
university, recognized student organization, or student group funds.
(b) Violation(s) of the
university's community living standards and/or residential living
agreement.
(c) Violation(s) of
other published university policies, rules, or regulations. Such policies,
rules, or regulations include, but are not limited to: parking and traffic
regulations, policies concerning recognized student organizations and other
published policies.
(d) Faculty
have the right to control the classroom environment and to permit or deny
permission to do electronic video or audio recording at their discretion.
Unless otherwise expressly permitted by the instructor, permission to record a
class applies exclusively to the student who received permission from the
instructor. The recording may not be accessed or utilized by any other
individual. No replication of the recording may be made without the
instructor's expressed permission.
(2) Offenses against persons
(a) Harm to others - intentionally or
recklessly causing physical harm or endangering the health or safety of any
person.
(b) Threatening behaviors -
conduct or actions that causes a reasonable expectation of injury to the health
or safety of any person or damage to any property, or intimidation which is
defined as implied threats or acts that cause a reasonable fear of harm in
another.
(c) Unwanted conduct -unwelcome conduct (including written or electronic
communication) that is so severe, pervasive, and objectively offensive that it
substantially interferes witht he ability of a person to work, learn, live or
participate in, or benefit from the services, activities, or privileges
provided by the university. In no event shall this provision be used to
discipline a student, recognized student organization, or student group for
speech protected by the First Amendment of the United States.
(d)
Discrimination or harassment - see rule 3341-5-51 of the Administrative Code:
non-discrimination in employment and education which prohibits:
(i) Adverse education action taken under
university authority against a person based upon that person's protected
class.
(ii) Unwelcome verbal,
nonverbal, or physical conduct directed toward a person that is based on the
person's protected class.
(e)
Unauthorized
recording or monitoring- using electronic or other means to
watch or monitor, and/or to make a video, audio,
or photographic record of any person in a location where there is a reasonable
expectation of privacy without the person's prior knowledge or permission in
each instance when such a recording is likely to cause injury, distress, or
damage to reputation. The storing, sharing, and/or distributing of such
unauthorized records by any means is also prohibited.
(f) Hazing
(i) Hazing means doing any of the following
or pressuring, causing, forcing, soliciting, or coercing any person to do any
of the following, for the purpose of initiating, admitting, or affiliating an
individual into or with a student group or student organization; continuing,
reinstating, or enhancing an individual's membership or status in a student
group or student organization; or perpetuating or furthering a tradition or
ritual of a student group or student organization:
(a) Engage in any conduct prohibited by
federal, state and/or municipal criminal law, regardless of whether an arrest
is made, or criminal charges are brought;
(b) Take into their body any food, liquid
(including alcohol), drug, or other substance that subjects the person to a
substantial risk of mental or physical harm; and /or
(c) Cause or create a substantial risk of
causing mental or physical harm to another and/or engage in any act or omission
that contributes to the death of another.
(ii) See rule
3341-2-49 of the Administrative
Code for reporting obligations and options, investigation procedures,
corrective action, and zero tolerance sanctions.
(iii) Per rule
3341-2-49 of the Administrative
Code, the following acts constitute prohibited conduct:
(a) Purposefully, knowingly, recklessly, or
negligently hazing any person.
(b)
Involvement in the planning of hazing and/or being present during
hazing.
(c) Failing to intervene to
prevent or stop hazing if the individual has knowledge of a planned hazing
activity.
(d) Failing to assist or
seek assistance for if the individual knows or reasonably should know that
another is in danger from effects of hazing.
(e) Knowingly making a false accusation of
hazing.
(f) Failing to report any
information about past, current, or planned
hazing.
(g) Failing to
cooperate in an investigation of hazing.
(h) Retaliating against or taking adverse
action towards any reporting party and/or person participating in a hazing
investigation or disciplinary proceeding.
(g) Retaliation - A student, recognized
student organization, or student group shall not take any adverse action
against any person who files an incident report, brings forward a complaint or
concern, serves as a witness, assists, or participates in any investigation or
in any university proceeding.
(h)
Sexual assault, sexual harassment, dating violence, sexual misconduct and
stalking - All complaints or reports of sexual harassment, sexual assault,
stalking, dating violence, and domestic violence by or on behalf of students,
recognized student organizations, and student groups will initially be referred
to the university's Title IX coordinator or designee for review and
determination of whether the allegation is covered by rule
3341-2-41 of the Administrative
Code. If the alleged sexual misconduct is not within the definitions or
jurisdictional elements of the university's Title IX sexual harassment policy
and procedures, such alleged misconduct will be referred to as "Non-Title IX
sexual misconduct." The procedures for Non-Title IX sexual misconduct are set
forth in this code. Title IX and this code prohibit the following acts:
(i) Sexual assault - see rule
3341-2-41 of the Administrative
Code: Title IX sexual harassment and policy and procedures.
(ii) Sexual harassment - see rule
3341-2-41 of the Administrative
Code: Title IX sexual harassment and policy and procedures.
(iii) Stalking - see rule
3341-2-41 of the Administrative
Code: Title IX sexual harassment and policy and procedures.
(iv) Dating violence - see rule
3341-2-41 of the Administrative
Code: Title IX sexual harassment and policy and procedures.
(v) Domestic violence - see rule
3341-2-41 of the Administrative
Code: Title IX sexual harassment and policy and procedures.
(vi) Retaliation - see rule
3341-2-41 of the Administrative
Code: Title IX sexual harassment and policy and procedures.
(vii) Violation of mutual restrictions on
contact between parties - see rule
3341-2-41 of the Administrative
Code: Title IX sexual harassment and policy and procedures.
(viii) Sexual misconduct - sexual misconduct
may also include any intentional touching of a sexual nature or attempted
touching of a sexual nature without consent that is not prohibited by the Title
IX sexual harassment and policy and procedures; touching for the purposes of
sexual gratification in areas of the body that does not include breasts,
buttocks, groin, or genitals; sexual exploitation (such as voyeurism, peeping,
forwarding of pornographic or other sexually inappropriate material to
non-consenting persons, non-consensual recording of sexual activity,
or any activity that goes beyond the boundaries of consent); lewd or obscene
sexual behavior (such as public masturbation, engaging in sexually explicit
activity in public spaces including online, or exposure of oneself without
another's consent). For purposes of this section, "consent" has the meaning as
in rule 3341-2-41 of the Administrative
Code: Title IX sexual harassment and policy and procedures.
(3) Offenses against
property
(a) Attempted or actual theft or
possession of stolen property, whether knowingly or should have reasonably
known.
(b) Attempted or actual
damage or vandalism to property.
(c) Unauthorized possession, duplication, or
use of keys and other entry codes or devices to any premises.
(d) Unauthorized presence in or unathorized
use of property, resources, or facilities.
(e) Theft or other abuse of computer
facilities, accounts, or resources including, but not limited to:
(i) Unauthorized entry into a file or
university system to use, read, or change the contents, or for any other
purpose.
(ii) Unauthorized transfer
of or tampering with a file.
(iii)
Use of another individual's identification and/or university
credentials.
(iv) Use of computing
facilities, accounts, or resources to interfere with the work of
others.
(v) Use of computing
facilities, accounts, or resources to send obscene or abusive
messages.
(vi) Use of computing
facilities, accounts, or e-mail to send unsolicited or unauthorized messages
with the intention of reaching a mass of users.
(vii) Use of computing facilities, accounts,
or resources to interfere with normal operation of the university computing
system.
(viii) Use of computing
facilities, accounts, or resources in violation of copyright laws.
(ix) Any violation of the university's
information technology policies.
(f) Littering.
(4) Offenses disrupting order or disregarding
health and safety
(a) Drugs
(i) Use and/or possession of controlled
substances including prohibited cannabis or substances derived from prohibited
cannabis, except as expressly permitted by law. Note, while Ohio has legalized
both medical and recreational marijuana, the use, possession, and/or storage of
medical or recreational marijuana is strictly prohibited on university premises
and at university sponsored events and activities because marijuana remains
illegal under federal law.
(ii) Use
and/or possession of drug-related paraphernalia except as expressly permitted
by law.
(iii) The abuse, misuse,
sale, or distribution of prescription drugs.
(iv)
Sell, distribute, furnish, manufacture, cultivate and/or
offer for sale of any controlled substance or drug, except as expressly
permitted by law.
(v)
Intentionally or recklessly inhaling or ingesting substances (e.g., nitrous
oxide, glue, paint, etc.) that will alter a person's state of mind.
(vi) Misconduct under the influence of drugs
including, but not limited to, operating a vehicle under the influence of drugs
or disorderly conduct due to the influence of drugs.
(b) Alcohol
(i) Use and/or possession of alcoholic
beverages except as expressly permitted by law and university policy. This
includes, but is not limited to, the underage possession or consumption of
alcohol.
(ii)
Sell, distribute, furnish,
produce and/or offer for sale except as expressly permitted by
law.
(iii) Misconduct under
the influence of alcohol including, but not limited to, operating a vehicle
under the influence, disorderly conduct due to intoxication, or public
intoxication.
(iv) Failure of a
recognized student organization or student group to take all necessary steps to
ensure that no person under the legal drinking age possesses alcoholic
beverages at functions it sponsors or within any property or transportation it
owns, operates, and/or rents.
(v)
Providing a location for any individual to use or possess alcoholic beverages
not expressly permitted by law or university policy.
(c) Weapons
(i) Possession, storage, or use of weapons
including but not limited to firearms, compressed air-guns, pellet guns, etc.
on university premises except as expressly permitted by law and university
policy.
(ii) Possession, storage,
or use of dangerous materials including but not limited to fireworks,
explosives, or chemicals which are corrosive or explosive on university
premises except as expressly permitted by law and university policy.
(iii) Use of any other object not already
mentioned used to intimidate, threaten, harm, and/or provide force can be
considered a weapon under this provision.
(d) Fire safety
(i) Failing to properly evacuate during a
fire alarm.
(ii) Falsely reporting
a fire-related emergency.
(iii)
Tampering with or improperly engaging a fire alarm, smoke detector, or
sprinkler system.
(iv) Improper use
or possession of fire safety equipment.
(v) Intentionally or recklessly causing a
fire, regardless of whether it damages property, or causes injury to
another.
(e)
Gambling-illegal gambling or wagering.
(f) Disruptive behavior
(i) Disrupting and/or interfering with
university operations including, but not limited to, obstruction of teaching,
research, and/or administrative activities.
(ii) Causing, inciting, or participating in
any conduct that unnecessarily disturbs others or disrupts local municipalities
including, but not limited to, participating in or inciting a riot.
(iii) Creating a health and/or safety hazard,
including but not limited to, dangerous pranks, hanging out of or climbing
from/on/in windows, balconies, roofs, etc., violating federal, state, local, or
university public health and/or safety requirements, or exceeding the maximum
occupancy of a structure.
(iv)
Failure to comply with lawful orders of university officials or law enforcement
officers acting within the scope of their job duties, including but not limited
to, failure to identify oneself to these persons when requested to do
so.
(v) An act, which deliberately
interferes with the freedom of speech of any member or guest of the university
community.
(vi) Public urination or
defecation in a place that is not intended for use as a restroom.
(5) Noncompliance with
the conduct process
This includes, but is not limited to:
(a) Failing to obey the directives of a
university official, conduct administrator, or decision-maker. (e.g., failure
to appear at a conduct meeting or hearing or to comply with interim actions or
sanctions imposed on under the code).
(b) Falsifying, distorting, intentionally
omitting, or misrepresenting information at a university proceeding, including
but not limited to, a conduct or investigatory meeting or hearing, or knowingly
initiating a false statement or complaint.
(c) Discouraging or attempting to discourage
a person's proper participation in, or use of, the conduct process whether in
person or via a digital platform such as e-mail or social media.
(d) Harassing and/or intimidating a
university official, conduct administrator or member of a conduct
committee.
(e) Harassing and/or
intimidating any person participating in an investigation or disciplinary
proceeding.
(f) Intentionally
delaying a conduct investigation, meeting, or hearing.
(g) Destroying or concealing information of
an alleged policy violation.
(h)
Influencing or attempting to influence another person to commit a violation of
the conduct process.
(6)
Shared responsibility for infractions
(a) Any
action or inaction that contributes to a violation of university policies,
including but not limited to, planning, causing, facilitating, or aiding the
violation, whether present during the violation or not.
(b) Students, recognized student
organizations, and student groups may be held responsible for the conduct of
their guests while on university premises, at university-sponsored or
supervised activities, and at functions sponsored by any recognized student
organization or student group.
(7) Violation of state, federal, or local
laws - any act or omission that constitutes a violation of federal, state, or
local laws, which is not otherwise covered in this code.
(H) Organizational and group responsibility
(1) An incident report may be filed against a
recognized student organization or student group under the code. A recognized
student organization, a student group, and individual students may be held
collectively and individually responsible for violations of the code, as well
as for violations of the code conducted by those associated with the recognized
student organization or student group, which includes guests and alumni. When
an incident report is filed naming a recognized student organization
as respondent, the
presiding officer and/or students affiliated with the organization
shall be required to participate
in meetings and hearings as representatives.
(2) The following factors may be considered
to determine if an activity or event is affiliated with a recognized student
organization or student group:
(a) Multiple
members, alumni, or authorized representatives were present during the activity
or event.
(b) The purpose of the
activity or event was related to initiating, admitting, or affiliating an
individual into or with a recognized student organization or student group;
continuing, reinstating, or enhancing an individual's membership or status in a
recognized student organization or student group; or perpetuating or furthering
a tradition or ritual of a recognized student organization or student
group.
(c) The activity or event
was paid for by the recognized student organization or student group, paid for
by personal funds collected from one or more members of the recognized student
organization or student group, or paid for by funds collected from one or more
guest(s) of the activity or event.
(d) The activity or event occurred on
property owned, controlled, rented, leased, or used by the recognized student
organization or student group as well as any person affiliated with the
recognized student organization or student group.
(e) A reasonable person would associate the
activity or event with the recognized student organization or student group
based upon advertisement or communication concerning the activity or
event.
(f) One or more officers or
leaders of the recognized student organization or student group helped plan or
execute the activity or event.
(I) Conduct in residential facilities
Members of the university's residential community are
responsible for their own actions as well as for the actions of their guest(s).
Showing consideration for others and respect of university and personal
property are the basic foundations of community living. At times, it may be
necessary for the university to hold community members responsible for their
actions that violate university policies. Any resident who violates a
university policy, including the community living standards, may be held
accountable via this code.
(J) Interim measures
When the dean of students or designee has reasonable cause to
believe that a student, recognized student organization may pose a risk to the safety or
well-being of those involved or others in the university community, the
student, recognized student organization may be issued an interim measure.
(1) Imposition of interim measures
Interim measures may be imposed only:
(a) If the student
or recognized
student organization
poses a threat to the safety and/or well-being of others or if significant
disruption to normal operations of the university may occur; and/or
(b) When otherwise provided by law.
(2) Interim actions
(a) Interim actions may be implemented by a
conduct administrator or designee and include, but are not limited to: no
contact directives(s); restriction from specific classes, campus facilities,
activities, or locations; change of housing assignment; restrictions from
entering certain institutional property; requirement to secure a psychological
evaluation; cease and desist mandates; restriction from facilitating or
participating in designated campus activities; other measures designed to
promote the safety or well-being of the parties and BGSU community,
etc.
(b) An interim action shall
remain in effect until removed or altered by the dean of students or designee
or as the result of the student conduct process. With the exception of "No
Contact" directives implemented by the office of the dean of students,
students
or recognized student organizations may challenge an interim action in writing to the dean
of students or designee within three days of the
imposition of the interim action. Failure to comply with an interim
action may result in a referral to the office of the dean of students and/or
the BGSU police departmentor additional interim actions including interim
suspension.
(3) Interim
suspension
(a) A conduct administrator or
designee may impose or modify a university suspension and/or residence hall
removal for a studentor recognized student organization at any point during the conduct
process. An interim suspension or residence hall removal takes effect
immediately upon notice being sent.
(b) During an interim suspension, a
studentor
recognized student organization may be denied access to a living unit and/or to the campus,
including classes, and/or all other university activities or privileges for
which the student
or recognized student organization might otherwise be eligible. A
recognized student organization shall discontinue all activities during an interim
suspension.
(c) A studentor recognized
student organization will
receive written notice of the interim suspension, including a description of
the alleged misconduct.
(d) The
student
or
recognized student organization may within three days of the imposition of the interim
suspension, petition the dean of students or designee for
reinstatement.
(e) The petition
must be in writing and must include supporting documentation or evidence that
the student
or recognized student organization does not pose, or no longer
poses, a significant risk of substantial harm to the health or safety of others
or property.
(f) The written
petition and the supporting documentation or evidence will be reviewed by the
dean of students or designee.
(g)
The dean of students or designee may choose to meet with the studentor recognized
student organization
before deciding on reinstatement.
(h) The decision of the dean of students or
designee is final.
(K) Filing an incident report
(1) Any person may file an incident report
against a student, recognized student organization, or student group alleging
violation(s) of this code. An incident report shall be made in writing and
directed to the office of the dean of students or designated office. Though
anonymous complaints are permitted, doing so may limit the university's ability
to investigate and respond to a complaint. Those who are aware of misconduct
are encouraged to report it as quickly as possible to the office of the dean of
students and/or to the BGSU police department.
(2) There is no time limit on reporting
violations of the code; however, the more time that has elapsed before
submitting an incident report, the more challenging it becomes for university
officials to obtain information and witness statements and to make
determinations regarding alleged violations.
(3) A complainant may be asked to participate
in the conduct meeting or hearing as a witness and to present relevant
information.
(4) After receiving an
incident report, a conduct administrator will conduct a preliminary inquiry
into the nature of the incident report, jurisdiction, and information
available. The conduct administrator may determine that there is insufficient
information to pursue an investigation, that the behavior alleged, even if
proven, would not violate the code, or may initiate an investigation to
determine if the incident report has merit and if it can be resolved by mutual
consent of the persons involved on a basis acceptable to the conduct
administrator. Such resolution shall be final and there shall be no subsequent
proceedings. If a conduct administrator determines the incident report has
merit and cannot be resolved by mutual consent, the conduct administrator may
participate in any subsequent conduct meeting or hearing to resolve the
incident report.
(5) The dean of
students or designee reserves the right to refer any incident report to any
individual, entity or committee other than a conduct administrator,
decision-maker, or the Title IX and sexual misconduct board.
(6) If a respondent fails to keep a meeting
with the conduct administrator, a hold may be placed on the student's
registration account and/or on the conferring of a degree, and a decision
regarding appropriate charges, responsibility and/or sanctions may still be
made.
(L) Communication
BGSU email is the official means of communication with students
regarding student conduct matters. Students are responsible for all
communication delivered to their BGSU email address per university policy and
rule 3341-6-43 of the Administrative
Code. When the respondent is a recognized student organization or student
group, the presiding officer or an appointed student affiliated with the
organization or group will serve as the point of contact for communication
concerning the conduct process.
(M) Investigation
(1) Respondents will have the opportunity to
meet with a conduct administrator to discuss the incident report. During the
investigation meeting, the respondent will :
(a) Review the incident report and other
relevant information.
(b) Be
afforded the opportunity to be accompanied by one advisor of their choosing and at
their expense. Respondent may, at no cost, request an advisor from the
university's office of the dean of students. Advisors are not allowed to speak
or participate in the conduct process. Meetings will not be scheduled around
the availability of an advisor. Advisors may not appear in lieu of the
respondent. An attorney can be used as an advisor but is subject to the
aforementioned stipulations.
(c)
Have an opportunity to respond to the incident report and to present relevant
information and/or witnesses. Witnesses are not character references and must
have relevant information concerning the alleged policy violation(s).
(2) Based on the information
gathered during the investigation including statements from the respondent, a
determination will be made by the conduct administrator whether the information
presented warrants a charge of an alleged violation(s) of the code, using the
preponderance of the evidence standard of proof.
(3) Respondents will be provided up to two
days to choose between the informal and formal resolution options. Should the
respondent fail to decide, the case may be resolved without the input from the
respondent.
(N) Informal
resolution
(1) The respondent will receive,
via electronic mail to the respondent's BGSU email address, written notice that
a complaint has been received prior to the conduct meeting.
(2) Respondents not disputing alleged policy
violation(s) may choose the informal process for resolution of one or more
violations of the code.
(3) The
respondent will have the opportunity to discuss sanctions with a conduct
administrator.
(4) A final
determination of sanctions will be provided in writing to the respondent
through email.
(5) As permitted by
the Family Educational Rights and Privacy Act (FERPA), victims of crimes of
violence will be notified of the resolution and the sanctions.
(6) Guidelines for the implementation of
sanction(s) are outlined in the sanctions section of this code.
(O) Formal
resolution-administrative hearing
(1)
Respondents disputing the alleged policy violation(s) are entitled to a formal
administrative hearing before a decision-maker.
(2) Procedures for an administrative hearing
(a) The respondent will receive written
notice via electronic mail of the hearing date at least three days prior to the
hearing.
(b) By a date specified
that is communicated via electronic mail by the decision-maker, the respondent
and conduct administrator may submit materials for the hearing packet, which
may include a list of witnesses for the hearing, a summary of the information
each witness is expected to provide, advisor contact information, and any
relevant documents, incident reports, or statements the respondent and conduct
administrator expect to present at the hearing. In advance of the hearing, the
decision- maker will provide the final hearing packet, which will include all
relevant documents, reports, or statements pertaining to the investigation
submitted by the respondent and conduct administrator that were determined by
the decision-maker to be relevant to the hearing.. Materials not included in
the hearing packet cannot be introduced at the hearing.
(c) Prior to the hearing, a respondent may
challenge the decision-maker on the grounds of a conflict of interest that
might affect impartial consideration of the finding. The decision-maker will
set a deadline for the respondent to submit a concern regarding a conflict of
interest in advance of the hearing. The dean of students or designee will
review any submissions and make a final determination if a different
decision-maker will be assigned. This final determination will be provided to
the respondent in writing via electronic mail.
(d) The respondent may be
accompanied by one advisor of their choosing and at
their expense. Advisors are not permitted to speak or participate in a hearing.
Hearings will not be scheduled around the availability of an advisor. The
respondent must include their advisor's name, telephone number, and email
address as part of their hearing packet materials. Advisors may not appear in
lieu of the respondent; however, an advisor may consult with the respondent
during a hearing and may assist with preparation for the hearing. An attorney
may serve as an advisor but is subject to the aforementioned stipulations.
Should an advisor not be able to attend the hearing date, the hearing will
still proceed.
(e) Admission to the
hearing of persons other than the parties involved (i.e., respondent, conduct
administrator, will be at the discretion of the decision-maker. Hearings will
be closed to the public.
(f) For
incidents involving more than one respondent, the decision-maker will determine
whether there will be one hearing or separate hearings for each respondent. In
joint hearings, separate determinations of responsibility will be made for each
respondent.
(g) In rare instances,
the university may decide to formally present a code case using legal counsel.
In such cases, the respondent will be given adequate notice in order to seek
the assistance of legal counsel, if so desired. In these instances, a staff
member from the office of general counsel or their designee will serve as the
conduct administrator.
(h) The
respondent is strongly encouraged to attend and participate in the hearing;
however, the respondent may choose to remain silent. If a respondent fails to
appear for a hearing, the hearing may proceed without the respondent's
presence. Although no inference shall be drawn against a respondent for failing
to attend a hearing or remaining silent, the hearing may proceed, and the
conclusion will be based on the evidence presented.
(i) The respondent may request alternative
accommodations in lieu of being physically present at the hearing (i.e., a
respondent may request to participate via a virtual platform).
(j) There will be a single verbatim record,
such as an audio recording, for all formal hearings. Deliberations will not be
recorded. The record will be the property of the university and maintained
according to the record retention policy of this code.
(k) During an administrative hearing, the
decision-maker will exercise control over the proceedings. The decision maker
is permitted to ask questions. If any person is disruptive, they may be
required to leave the hearing.
(l)
During an administrative hearing, the decision-maker will determine whether
information is relevant. Information will be considered relevant if it directly
relates to the facts of the alleged violation(s) or appropriateness of a
particular sanction. Formal rules of evidence (e.g., federal and state rules of
evidence) shall not apply.
(m) The
conduct administrator will be the first person to present information regarding
the investigation during the hearing.
(n) The decision-maker will have an
opportunity to ask questions to the conduct administrator pertaining to the
investigation and/or alleged policy violation(s). The respondent will also have
an opportunity to ask questions to the conduct administrator pertaining to the
investigation and/or alleged policy violation(s).
(o) The second person who may present
information during the hearing, is the respondent. The respondent may verbally
respond to the charges.
(p) The
respondent, conduct administrator, and decision-maker may ask questions. The
decision-maker, at their discretion, may have questions from the respondent and
conduct administrator directed through them versus allowing questions to be
directly addressed to an individual.
(q) The decision-maker may disallow any
question that seeks information that is not relevant or may rephrase the
question to limit it to relevant information.
(r) Witnesses (other than the respondent and
the conduct administrator) will be excluded from the hearing until it is their
designated time to answer questions.
(s) The respondent and conduct administrator
will be given a final opportunity to ask concluding questions of one
other.
(t) The decision-maker will
have a final opportunity to ask questions to the conduct administrator and the
respondent pertaining to the investigation and/or alleged policy
violation(s).
(u) The respondent
will be given an opportunity to make a concluding statement pertaining to the
facts of the case. Concluding statements are limited to no more than five
minutes. The hearing will end after the concluding statement from the
respondent.
(v) The decision-maker
will consider the allegation(s) of prohibited conduct to determine if there was
sufficient information by a preponderance of the evidence for a finding of
responsibility for a code violation(s) and will make the final determination of
responsibility regarding the charge(s) and will determine all
sanctions.
(w) Prior conduct
history will be considered for sanction purposes only.
(3) Hearing outcome and sanctions
(a) The respondent will have the opportunity
to submit impact mitigation statements prior to the hearing. If the
decision-maker finds the respondent to be responsible for prohibited conduct
under the code, the decision- maker will review any impact or mitigation
statements and will determine appropriate sanctions. The sanctioning process is
to end the prohibited conduct, protect the best interests of the BGSU
community, and promote the goals and objectives of this policy in a manner that
supports the university's educational mission. Sanctions may also be designed
to promote safety, deter similar behavior, and promote university
values.
(b) The decision-maker will
provide a written notice via electronic mail of the outcome of the hearing
including a rationale for the finding, and any appeal rights to the
respondent.
(c) As permitted by
FERPA or other applicable laws, victims of crimes of violence will be notified
of the resolution and the sanctions.
(d) Guidelines for the implementation of
sanction(s) are outlined in the sanctions section of this code.
(4) Administrative review
Respondents disputing the alleged policy violation(s) of only
the community living standards and/or residential living agreement are only
entitled to an administrative review. An administrative review consists of the
respondent submitting a written response. The written response must include the
reasons that the student is contesting the alleged policy violation and provide
additional information regarding the incident that they want considered, which
can include names and statements of witnesses who have relevant information
specific to the alleged violation. The administrative review officer, who is a
designee of the dean of students, will examine the case, perform additional
investigation if necessary, and render a finding regarding responsibility for
the alleged violation(s) of the community living standards and/or residential
living agreement and assign sanctions, if appropriate. If the respondent
requests an administrative review but does not submit any additional
information, the administrative review officer will examine the case notes and
proceed with rendering a finding regarding responsibility for the alleged
violation(s) of the community living standards and/or residential living
agreement and assign sanctions, if appropriate.
(P) Amnesty
Student health and safety as well as removing barriers that
might prevent the reporting of conduct that endangers people or property are
substantial university interests. Per rule
3341-2-43 of the Administrative
Code, at the university's discretion of the conduct
administrator, amnesty may be extended on a case-by-case basis for minor
violations of the code of student conduct (e.g., possession or use of alcohol
or drugs) when seeking or obtaining medical assistance for self or others, as
well as when reporting alleged incidents that endanger persons or
property.
(Q) Alternative
resolution program
(1) This program allows
students on a case-by-case basis to resolve first-time incidents for minor
violations of the code through educational interventions that address the
personal and social responsibility related to the behavior without incurring a
disciplinary record.
(2)
Educational interventions assigned to students participating in this program
may include, but are not limited to, classes, community service, presentations,
workshops, and/or written assignments. In situations involving alcohol and/or
prohibited cannabis, parental/legal guardian notification may occur.
(3) Participation in the program is at the
discretion of the conduct administrator, and students must complete all
educational interventions by the assigned deadline(s)
(4) Students who fail to successfully satisfy
all terms and conditions of this program shall be referred for adjudication of
the original incident via the code.
(R) Sanctions
One or more of the following sanctions may be imposed upon any
student or recognized student organization found to have violated the
code:
(1) Warning - a written
reprimand specifying the violation for which the student, recognized student
organization, or student group is being held responsible.
(2) University conduct probation - University
conduct probation is for a designated period of time and includes the
probability of more severe sanctions, including suspension or expulsion, if the
student, recognized student organization, or student group is found in
violation of any university policy while on university conduct probation.
Suspension - separation of the student from the university for
a defined period of time, after which the student is eligible to return, and a
permanent notation is placed on the student's transcript. While on suspension,
the student is prohibited from being present on all university property.
Conditions for readmission or re-recognition may be specified.
(3) Expulsion - permanent
separation of the student from the university and a permanent notation is
placed on the student's transcript. The student may also be permanently
prohibited from being present on all university property.
(4) Withholding or revoking a degree - The
university may withhold conferring a degree or revoke a conferred degree due to
a finding of prohibited conduct when the student would have been suspended or
expelled for the finding had the conduct process been completed prior to the
awarding of the degree.
(5)
Educational sanctions - work assignments, service to the university, classes,
workshops, papers, or other related educational assignments.
(6) Restrictions and loss of privileges -
Specific limitations may be imposed by the dean of students or designee and the
terms of this sanction may include, but are not limited to, the following:
(a) Reassignment to another university
housing space or facility or separation of a student university housing for a
determined amount of time, including permanently. Conditions for return may be
specified if the student is not permanently removed from university housing. In
addition, a student may be restricted from being present in specified
university housing locations.
(b)
Ineligible to hold any office in any recognized student organization or student
group or hold an elected or appointed office at the university; or
(c) Ineligible to represent the university to
anyone outside the university community in any way including: participating in
the study abroad program, attending conferences, or representing the university
at an official function, event, or intercollegiate competition as a player,
manager, or student coach, etc.
(d)
Denial or restriction of access to certain facilities or of other privileges
for a designated period of time.
(7) Restitution - compensation for loss,
damage, or injury. This may take the form of appropriate service and/or
monetary or material replacement.
(8) Confiscation of prohibited property -
Items whose presence is in violation of university policy will be confiscated
and will become the property of the university. Prohibited items may be
returned to the owner at the discretion of the conduct administrator or hearing
chair and/or BGSU police.
(9)
Additional or alternate sanctions may be created or designed as deemed
appropriate to the offense with the approval of the dean of students or
designee.
(10) The following are
additional sanctions that may be imposed on any recognized student organization
found in violation of the
code:
(a) Loss of status as a recognized
student organization for a defined period of time or permanently. The office of
student engagement shall notify any national or regional governing body with
which the recognized student organization is associated or that sponsors
social, academic, or sports events when such action is taken. BGSU reserves the
right to alter or modify sanctions if new or additional information is learned
while an organization is not recognized.
(b) Loss or withdrawal of all student general
fee dollars or other university funding for a specified amount of
time.
(c) Restriction of privileges
- restrictions assigned to a recognized student organization or student group
that limit specific activities, events, or operations for a specific period of
time which may include, but are not limited to:
(i) Representing the university in any
official capacity.
(ii) Receiving
awards or other forms of recognition from the university.
(iii) Maintaining an office or other assigned
space(s) on university property, including but not limited to, loss of
small-group housing in a university premises.
(iv) Participating in intramurals or other
university activities.
(v) Being a
sponsor, co-sponsor, or participant in specified activities.
(vi) Using university specified resources
(e.g., facilities or vehicles).
(vii) Soliciting or selling items on
campus.
(viii) Traveling as a
recognized student organization or student group.
(11) Prior conduct history may be
a factor in decisions regarding sanctions.
(12) Failure to complete sanctions or attend
a code of student conduct meeting may result in a university hold being placed
on a student's ability to register for subsequent semesters or change a class
schedule as well as the university may withhold the conferring of a
degree.
(S) Criminal
conviction for crime(s) of violence
In accordance with section
3345.23 of the Revised Code,
students are subject to dismissal if they are criminally convicted for one or
more of the following offenses of violence that occurred on university premises
and/or affected persons affiliated with or property owned by the university:
aggravated murder, murder, voluntary manslaughter, involuntary manslaughter,
felonious assault, aggravated assault, assault, permitting child abuse,
aggravated menacing, menacing by stalking, menacing, kidnapping, abduction,
extortion, rape, sexual battery, gross sexual imposition, aggravated arson,
arson, terrorism, aggravated robbery, robbery, aggravated burglary, burglary,
inciting to violence, aggravated riot, riot, inducing panic, domestic violence,
intimidation, intimidation of crime victim or witness, escape, improperly
discharging a firearm at or into a habitation or school, endangering children
or felonious penetration.
(T) Parental/legal guardian notification -
The university reserves the right to notify parents/legal guardians of
dependent students regarding any conduct situation, particularly alcohol and
other drug violations. The university may also notify parents/legal guardians
of non-dependent students when under the age of twenty-one concerning drug
violations and alcohol violations. Parental/legal guardian notification may
also be utilized discretionarily by administrators when permitted by FERPA or
consent of the student.
(U)
Resolution and sanctions for student groups
The conduct administrator will determine if a student group
by a preponderance of the
evidence after having investigated a report of alleged misconduct. If
this determination is made,
the dean of students or designee and the
divisional or unit leader (e.g., dean or vice president) will
assign the appropriate sanction(s), and that decision
is final and unreviewable. For cases that fall under rule
3341-2-49 of the Administrative
Code (Anti- Hazing Policy), the Hazing Prevention Coordinator or designee with
also assist with this determination.
(V) Appeals
(1) Right to appeal
Unless otherwise specified, a respondent may appeal the
sanction(s) imposed by a conduct administrator (informal resolution) or the
decision rendered by the decision-maker or administrative review officer
(formal resolution).
(2)
Grounds for appeal
Appeals requests are limited to the following grounds:
(a) A procedural or substantive error
occurred that significantly impacted the outcome of the hearing (e.g.,
substantiated bias, material deviation from established procedures);
(b) To consider new evidence, unavailable
during the original hearing or investigation, that could have substantially
impacted the original finding or sanction. A summary of this new evidence and
its potential impact must be included; and/or
(c) The sanctions imposed are substantially
disproportionate to the severity of the violations.
(3) Appeal of informal resolution
Appeals shall be made to the dean of students or designee
within five days of the date that the respondent was emailed the sanction
notification letter rendered by the conduct administrator. The appeal shall be
in writing and is limited to the sanctions imposed are substantially
disproportionate to the severity of the violations. The decision of the dean of
students or designee is final.
(4) Appeal of formal resolution
Appeals shall be made to the dean of students or designee
within five days of the date that the respondent was emailed the outcome of the
formal resolution process as determined by the decision maker. The appeal shall
be in writing, stating the ground(s) for appeal. The decision of the dean of
students or designee is final.
(5) Appeal proceedings
(a) An appeal is confined to the criteria set
in this code.
(b) No appeal may be
taken when disciplinary action is not imposed.
(c) The decision of the dean of students or
designee is final
(d) The written
appeal and the supporting documents will be reviewed in determining the
outcome.
(e) The appeal officer may
choose to meet with the respondent before determining the outcome.
(6) Potential appeal outcomes
(a) Uphold, modify, or eliminate the original
sanction(s) in both the informal and formal resolution processes;
(b) Dismiss the case or individual charge(s)
against the student or recognized student organization in the formal resolution
process; or
(c) Order a new hearing
or remand the matter to the original hearing authority, as appropriate. This
process may include a new finding on responsibility and, if applicable,
sanctions.
(W) Implementation of sanction(s)
Sanctions are effective immediately upon notice. Upon
submission of appeal, sanctions will be held in abeyance until the appeal
process has been exhausted. New deadlines may be reassigned as necessary. The
dean of students or designee may impose interim measures during the appeal
process to ensure the safety and well- being of members of the university
community or preservation of university property.
(X) Conduct records
Other than suspension and expulsion, conduct sanctions shall
not be made part of the student's permanent academic record, but shall become
part of the student's conduct record. All incidents involving the imposition of
sanctions other than suspension, expulsion, and/or loss of status as a
recognized student organization shall be removed from the student's, recognized
student organization's, or student group's conduct record seven years from the
year in which the offense occurred. Incidents involving the imposition of
suspension, expulsion, and loss of status as a recognized student organization
shall remain permanently on a student's, recognized student organization's, or
student group's conduct record.
(Y) Refund policy
In the event of a suspension, expulsion, or residence hall
removal, the university will follow the regular tuition refund schedule
outlined by the office of registration and records. In the case of a student
residing on campus, the university will follow the regular refund schedule
concerning room and board.
(Z) Code of student conduct interpretation
and review
(1) Staff within the office of the
dean of students may develop procedural rules for the administration of
hearings that are consistent with provisions of this code. Material deviation
from student conduct rules will, generally, only be made as necessary and will
include reasonable notice to the parties involved, either by posting online
and/or in the form of written communication. The single decision-maker may vary
procedures with notice upon determining that changes to law or regulation
require policy or procedural alterations not reflected in this code. The single
decision-maker may make minor modifications to procedure that do not materially
jeopardize the fairness of the process for any party. Any question of
interpretation of the code will be referred to the dean of students, whose
interpretation is final.
(2) The
code shall be reviewed annually under the direction of the dean of students or
designee. Questions of interpretation regarding the
code or student handbook shall be referred to the office of the dean of
students. In keeping with normal university policy approval processes, the code
and student handbook may, at the sole discretion of the university, be amended
at any time.
(AA)
Equity impact statement: The policy has been assessed
for adverse differential impact on members of one or more protected
groups.
