Current through all regulations passed and filed through September 16, 2024
(A) Policy statement and purpose
Bowling Green state university (BGSU) has zero tolerance for
any form of hazing.
The university seeks to promote a safe environment in which
members of our learning community may participate in experiences and activities
without compromising their health, wellbeing, dignity, and/or rights. Hazing
can cause irreparable harm to victims, victims' families, and the university
community. From a legal perspective, hazing is a crime. From the university's
perspective, hazing is a violation of policy and antithetical to the ideals and
values of our learning community related to belonging and personal growth.
Prevention of hazing is the responsibility of every member of the university
community.
This document outlines the scope of the policy; defines key
terms; prohibits hazing and related conduct; designates mandatory reporters;
identifies mechanisms to report hazing; establishes how amnesty can be granted
to reporters or those who seek medical assistance for themselves or others;
describes the institutional response to reports of hazing; establishes
corrective action and discipline for violating this policy; details how this
policy is reviewed; and explains the process whereby individuals may obtain
information about misconduct by student groups and student
organizations.
(B) Policy
scope
(1) This policy applies to BGSU
students, student organizations, student groups, and employees. This policy
also applies to volunteers acting in an official capacity who advise or coach
student organizations and/or student groups and who have direct contact with
students.
(2) This policy applies
to hazing that takes place between two or more people who are affiliated with
the university regardless if the conduct occurs on or off campus.
(3) The following factors do not prevent
conduct from being considered a violation of this policy:
(a) Expressed or implied consent;
or
(b) The conduct not being part
of an official event or otherwise sanctioned or approved by a student
organization or student group.
(4) Hazing does not include either of the
following:
(a) Reasonable and customary
organizational training, contests, competitions, or other activities that are
explicitly relevant to the mission of the organization; and/or
(b) Lawful expressive activities that are
protected under the First Amendment to the United States Constitution, Section
11 of Article I of the Ohio Constitution, or sections
3345.0211 to
3345.0214 of the Revised
Code.
(5) In addition to
this policy, National Collegiate Athletic Association (NCAA) student athletes
shall follow the policies and guidelines set forth by the NCAA, the affiliated
conference, and BGSU athletics.
(C) Definitions
(1) Hazing means doing any of the following,
or pressuring, causing, forcing, soliciting, or coercing any person to do any
of the following, for the purpose of initiating, admitting, or affiliating an
individual into or with a student group or student organization; continuing,
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.
(2) Hazing includes (but is not limited to)
the following actions and situations, if they happen for the purpose defined in
paragraph (C)(1) of this rule:
(a) Acts of a
physical nature such as: beating, bondage, branding, calisthenics (e.g.,
wall-sits, sit-ups, push-ups), exposure to the elements, kicking, paddling,
pushing, shoving, striking, tackling, throwing items at or on individuals,
and/or whipping.
(b) Acts that may
adversely affect the mental health or dignity of the individual such as:
exclusion from social contact, kidnapping or abandonment, line- ups or
berating, and/or sleep, food, or water deprivation.
(c) Activities that a reasonable person would
view to be frightening, humiliating, intimidating, or deceptive (including
deception intended to convince the individual of impending pain, injury, or
non-initiation) such as: altering an individual's regular hygiene or grooming
routine; blindfolding; having individuals yell when entering or departing a
physical structure or in the presence of designated individuals; having
individuals use designated entrances or exits and/or not permitting them to
enter general use facilities or spaces; intentionally creating labor or
clean-up work; not allowing individuals to wear certain garments or
accessories; promoting servitude; requiring individuals to complete personal
errands or purchase items for members; requiring individuals to wear apparel
that is conspicuous or uncomfortable; and/or requiring individuals to wear
scant clothing or to be nude.
(d)
Participation in any act of a sexual or lewd nature.
(e) Activities that endanger or have the
potential to endanger the academic performance or personal life of an
individual (e.g., not allowing adequate time for or interfering with academic
commitments, employment, or family obligations).
(f) Any destruction or removal of public or
private property.
(g) Activities
that violate university policies.
(3) "Student" means any person from the time
they are admitted to the university up through the date of graduation. This
term includes, but is not limited to:
(a)
Newly admitted students who have attended orientation;
(b) Currently enrolled individuals, including
dual-enrolled students; and/or;
(c)
An individual who has been enrolled in classes at any time within the prior two
semesters (i.e., summer, fall, or spring).
(4) "Student organization" means a group of
people who are associated with each other and who have registered with the
university as a student organization as outlined in university rule
3341-2-36 of the Administrative
Code.
(5) "Student group" means a
number of persons who are associated with the university and each other, but
who have not registered, or are not required to register as a student
organization (e.g., athletic teams, spirit groups, military organizations,
honor societies, musical or theatrical ensembles, bands, or clubs).
(6) "Serious physical harm" includes, but is
not limited to, any harm that involves disfigurement; protracted loss of use of
or impairment of the function of a bodily part, organ, or mental faculty;
substantial risk of death or emergency hospitalization; and/or
unconsciousness.
(D)
Prohibited conduct
The following behaviors are prohibited
conduct and constitute a violation of this policy:
(1) Purposefully, knowingly, recklessly, or
negligently hazing any person.
(2)
Involvement in the planning of hazing and/or being present during
hazing.
(3) Failing to intervene to
prevent or stop hazing if the individual has knowledge of a planned hazing
activity.
(4) Failing to assist or
seek assistance if the individual knows or reasonably should know that another
is in danger from effects of hazing.
(5) Knowingly making a false accusation of
hazing.
(6) Failing to report any
information about past, current, or planned
prohibited conduct if required
to do so in paragraph (E) of this rule.
(7) Failing to cooperate in an investigation
of hazing, as defined as noncompliance with the conduct process as outlined in
the code of student conduct, rule
3341-2-28 of the Administrative
Code.
(8) Retaliating against or
taking adverse action toward any reporting party and/or person participating in
a hazing investigation or disciplinary proceeding.
(E) Mandatory reporters and reporting
requirements
(1) Definition of mandatory
reporter; required reporting
A "mandatory reporter" must immediately report
any informaton about past, current, or planned
hazing as defined in paragraph
(C) of this rule to the university through any of the five reporting options
outlined in paragraph (F) of this rule. A mandatory reporter who fails to make
a timely report may be subject to appropriate discipline. Each of the following
is considered a "mandatory reporter":
(a) Any full or part-time employee of the
university (including student employees and graduate assistants);
(b) Any volunteer acting in an official
capacity who advises or coaches student organizations and/or student groups and
who have direct contact with students; or
(c) Employees who are required by law to
protect confidentiality are exempt from this requirement.
(2) A mandatory reporter's obligation to
report is not fulfilled with an anonymous report. In addition, reports made
pursuant to this policy do not supersede or replace other reporting
obligations. For instance, section
2903.31 of the Revised Code
requires that all university employees and volunteers of any student
organization, who are acting in an official and professional capacity,
immediately report the knowledge of hazing to a law enforcement agency in the
county in which the victim resides or in which the hazing is occurring or has
occurred. Failure to do so may result in criminal liability.
(F) Reporting options
Beyond mandatory reporters, BGSU encourages anyone who
experiences or has information about past, current, or
planned hazing (e.g., student, family member, visitor, or other third
party) to immediately make a report, even if done anonymously. Prompt reporting
enables law enforcement to collect and preserve evidence and campus officials
to gather timely and relevant information to aid in investigations. BGSU will
act in the best interests of the overall university community, based upon the
available information.
Reports may be made via the following methods:
(1) Law enforcement
(a) Dial 911 to report any emergency
situations
(b) Dial (419) 372-2346
for nonemergency situations to speak with the BGSU police department. An
officer will assist in identifying which law enforcement agency should receive
the report if the incident occurred outside their jurisdiction.
(c) Make a report in person at the BGSU
police department located in 100 College Park office building.
(2) Hazing reporting line
(a) Call the hazing reporting line at (419)
372-HAZE (419-372-4293).
(b) This
reporting line is staffed by the office of the dean of students and accepts
calls twenty-four/seven.
(3) "See it. Hear it. Report it." website
Complete the hazing report form at
http://bgsu.edu/reportit. This
link is on the BGSU "See It. Hear It. Report It." website.
(4) In-person
Make a report in person at the office of the dean of
studentslocated in 303 University hall.
(5) Human resources
Violations by university employees should be reported directly
to the office of human resources.
If a report is submitted to the BGSU Police Department, the
hazing reporting line, the dean of students office, or human resources, the
staff member who receives the report is required to submit this information via
the hazing report form and should also encourage the reporter to complete the
online form.
(G)
Amnesty
(1) BGSU recognizes that individuals
may be reluctant to report hazing activity due to a fear of potential
consequences for their own conduct. Therefore, students who make a report under
this policy or who participate in an investigation related to this policy will
not be charged with other minor university policy violations that are brought
to light in the course of the investigation that arose out of, or were
committed as a direct result of, the incident(s) under investigation as long as
those behaviors do not represent a threat to the health, safety, or wellbeing
of others. For example, students required to consume alcohol as part of a
hazing incident will not be charged with violations of university alcohol
policies. The university may follow-up with those students related to those
issues as appropriate in a non-disciplinary manner.
(2) In addition, a currently enrolled student
who, in good faith, seeks or obtains medical assistance (e.g. by calling 9-1-1)
for themselves or for another person for the overconsumption of alcohol or for
a drug overdose, will not be charged with a violation of the code of student
conduct in connection with the possession or consumption of alcohol or drugs as
outlined in University policy and rule
3341-2-43 of the Administrative
Code.
(H) Procedures for
institutional response
(1) BGSU will always
notify the appropriate law enforcement agency or agencies when a report of
hazing is received and document that the notification was made.
(2) The university will determine if interim
measures are needed to protect the safety and/or well-being of others.
Imposition of interim measures will be as outlined in the code of student
conduct.
(3) The dean of students,
or designee, will initiate an investigation into all reports of hazing
involving students, student groups, and student organizations in accordance
with this policy and the code of student conduct. During the course of the
investigation, students, student groups, and student organizations may request
to enter information into the record and may recommend specific witnesses to
the investigator(s). Ultimately, the investigator(s) will determine the
relevance of information or witnesses. In completing the investigation, the
investigator(s) may:
(a) Make contact (if
possible) with the individual(s) who submitted the initial
information.
(b) Make contact with
the individual(s) alleged to have violated this policy. If the conduct involved
a student organization ,
the investigator(s) will contact the presiding student leader and advisor of
the entity under investigation.
(c)
Interview any individuals with relevant information.
(d) Request relevant information from members
of the student group or student organization (e.g., text messages, screenshots,
pictures, videos).
(e) Require
members of the student group or student organization, or a select group of
members, to meet with staff.
(f)
Restrict communication between the student group or student organization
members during the investigation.
(g) Request that students share other
information that is deemed relevant.
(4) As outlined it the code of student
conduct, students may be required to appear at conduct meetings. Students are
not compelled to answer questions or provide information. If a student fails to
participate in the conduct process, the university may proceed to resolve the
matter. No adverse inference may be drawn against a student who does not
participate in the conduct process.
(5) Students participating in an
investigation process are expected to do so in an active, cooperative, and
truthful manner. Falsifying, distorting, intentionally omitting, or
misrepresenting information may be a violation of the code of student
conduct.
(6) The university will
make every effort to complete the initial investigation within a period of
thirty days, barring extenuating circumstances. If the circumstances require
more than thirty calendar days, the university will notify the student group or
student organization representative(s) of the delay.
(7) Based on the information gathered during
the investigation, a determination will be made by a conduct administrator
whether the information presented warrants proceeding with an alleged
violation(s) of this policy or the code of student conduct. Such alleged
violation(s) will be resolved in accordance with the code of student
conduct.
(I) Corrective
actions and zero tolerance sanctions
(1)
Violations of this policy by students and/or student organizations defined in
paragraphs (C)(3) and (C)(4) of this rule will be sanctioned in accordance with
the code of student conduct.
(2)
Violations of this policy by student groups defined in paragraph (C)(5) of this
rule will be sanctioned by the hazing prevention coordinator
or designee in consultation with the divisional
leader or designee who has oversight for the
group and the dean of students or designee. The
hazing prevention coordinator may convene a formal hearing panel to recommend
sanctions.
(3) Expulsion or degree
revocation will be the minimum conduct sanction assigned to any student
organization or student for any violation of this policy that causes death,
serious physical harm, or substantial risk of serious physical harm. This
includes coerced consumption of alcohol or drugs of abuse that causes death,
serious physical harm, or substantial risk of serious physical harm.
(4) Violations of this policy are subject to
referral to appropriate law enforcement or university services, as well as to
regional and inter/national affiliated offices of student organizations, for
action and prosecution.
(5)
Violations of this policy by employees may result in corrective action or
discipline (including termination) in accordance with applicable university
policies and procedures and/or collective bargaining agreements.
(J) Policy distribution and review
(1) This policy is posted on the website for
the office of general counsel. Links to the policy, and for hazing prevention
and education, will be posted on the website for the student
handbook.
(2)
The policy will be reviewed each year
and updated as needed. The annual policy review will include an evaluation of
any changes in legal requirements, existing university resources, and the cases
reported and resolved during the preceding year.
(K) Reporting and transparency
The office of the dean of students will maintain a website that
provides information concerning findings of hazing misconduct by students,
student organizations and student groups for the previous five academic years.
This website will include a brief description of the alleged misconduct, the
outcome/finding concerning the alleged misconduct, and any corrective action or
discipline taken.
Equity impact statement: the policy has been assessed for
adverse differential impact on members of one or more protected groups.
