Current through all regulations passed and filed through September 16, 2024
(A) Purpose. Paragraph (F)(1) of rule
3342-4-02 of the Administrative
Code authorizes the senior vice president for
student life to establish administrative procedures as
necessary to fulfill the intent of this rule. The senior vice president for
student life has may delegated the responsibility to manage
the student conduct process to the director of student conduct.
(1) It is the responsibility of the director
of student conduct to determine if referrals should be assigned to conduct
hearings; provide student conduct hearings and officers with technical advice,
training, and clerical support; establish procedures to ensure an ongoing
evaluation of student conduct rules; collect and maintain all records of formal
disciplinary action; establish means to inform all members of the university
community of student conduct policies and issues; and serve as a consultant to
students and staff in the administration of the student conduct process. This
policy establishes procedural directions and is subject to change by action of
the senior vice president for student life. The
procedures are intended to assure proper implementation of the policy regarding
administration of student conduct.
(2) The director of student conduct (or
designee) is responsible for a review of information contained in an incident
report, and reserves the right to add, adjust, or remove prohibited conduct
accusations prior to issuing a notice of hearing for any case. Notice of a
hearing includes an incident report and pending accusations.
(3) After reviewing the information contained
in an incident report, the director of student conduct (or designee) shall
assign the appropriate process for resolution, including but not limited to a
sanction hearing, hearing panel, administrative conversation, administrative
hearing, or referral to alternative conflict resolution.
(4) The senior vice president for student
life
(or designee) may uphold, alter or reverse any student conduct
decision.
(B) Student
rights and procedural standards.
(1) The
university shall provide respondents and complainants (either of who may be a
student or members of a student organization) the following rights:
(a) For the respondent to be sent a written
notice of accusations including the identity of the complainant(s).
Complainants name(s) may not be forwarded if the office of
compliance and equal opportunity and affirmative action suggests a potential
detrimental risk as a result of doing so.
(b) To be notified of the scheduled hearing
in writing at least two business days in advance of the hearing.
Respondents and complainants may schedule an earlier hearing
date if an earlier hearing date is agreed upon by the respondent and
complainant and scheduled through the office of student conduct.
(c) To have up to one "conduct
advisor" and up to one "support person" accompany a respondent or complainant
throughout the disciplinary process.
(d) To participate in person or, upon
request, have a logistical accommodation to participate outside of the hearing
room (when necessary and/or requested in advance), during the entire proceeding
except as per paragraph (C) of this rule.
(e) To be given an opportunity to present
evidence, including witnesses on the student's or student organization's
behalf.
(f) To question the
respondent/complainant, witnesses, and investigators.
(g) To be informed of the outcome of the
hearing in writing.
(h) To appeal,
as defined in the code of student conduct and paragraph (D) of this
rule.
(2) In addition to
paragraphs (B)(1) of this rule, complainants of accusations including, but not
limited to, sexual harassment, harassment, and physical violence maintain the
following rights:
(a) Indirect questioning may
be conducted at the discretion student conduct convener or administrative
hearing officer, verbally or in writing, supplying questions to the student
conduct convener.
(b) To submit a
"victim impact statement" in writing for consideration by the hearing panel or
administrative hearing officer if the accused is found in violation of the code
of student conduct.
(3)
An incident with multiple respondents may be administered in one hearing, at
the discretion of the director of student conduct (or designee).
(4) Multiple complaints regarding the same
respondent may be administered in one hearing, at the discretion of the
director of student conduct (or designee). The respondent and complainant may
request separate hearings for separate incidents.
(C) Procedures for student conduct hearings.
(1) Student conduct hearings are
administrative procedures and are not a legal process.
(2) Any member of the university community
may provide information accusing a student or student organization (respondent)
of violating the code of student conduct. Incident reports may be submitted to
the director of student conduct (or designee) in writing. The director of
student conduct (or designee) will determine if the allegations are within the
parameters of university policy regarding the administration of student conduct
(rule 3342-4-02 of the Administrative
Code) and may assign appropriate prohibited conduct accusations based on the
information provided.
(3) Action.
Formal disciplinary action shall be instituted against a respondent only after
the director of student conduct (or designee) has determined that such action,
rather than medical or counseling services, or alternative conflict resolution
is appropriate.
(4) Type of hearing
or referral. A sanction hearing may be assigned for violations that, even with
a finding of responsibility, may not lead to suspension or dismissal from the
university. A hearing panel may be convened when a respondent does not accept
responsibility for accusations, or when assigned by the director of student
conduct (or designee). An administrative hearing may be assigned may be
assigned by the director of student conduct (or designee) in cases where the
accusation includes an alleged act of violence, significant personal or
property damage, and/or the alleged behavior may be considered detrimental to
the health or safety of the university. The office of student conduct sends
written notification to the respondent(s) as per the code of student conduct
and paragraph (C)(5) of this rule.
(a)
Sanction hearing A sanction hearing is composed of one hearing officer and
facilitated by a student conduct convener. A student conduct convener may serve
as a sanction hearing officer and function in both roles.
If a respondent, any time prior to the start of deliberation,
informs the hearing officer and/or student conduct convener that responsibility
for one or more accusations is not accepted, the sanction hearing is nullified
and a hearing panel may be scheduled. The sanction hearing process will
immediately cease and the hearing panel process will follow the code of student
conduct and paragraph (C)(12) of this rule.
(b) Hearing panel A hearing panel is composed
of at least two and no more than three hearing officers and facilitated by a
student conduct convener. The office of student conduct will attempt to include
one student hearing officer on the hearing panel based on availability. The
purpose of a hearing panel is to decide if a respondent is responsible for
accusations, and if so, to apply sanctions. A student conduct convener may
serve on a hearing panel and function in both roles.
(c) Administrative hearing. An administrative
hearing panel is composed of one hearing officer appointed by the director of
student conduct (or designee). The purpose of an administrative hearing is to
decide if a respondent is responsible for accusations, and if so, to apply
sanctions.
(d) Referral to
alternative conflict resolution. A student or student organization may be
referred to alternative conflict resolution in lieu of and/or in addition to a
student conduct hearing.
(5) Notice. A respondent shall be sent a
written (and/or electronic) letter that includes accusation(s) in addition to a
copy of the corresponding incident report. A date and location for a hearing
shall be set and sent in writing to the respondent(s) that will be no less than
two business days and no more than thirty business days after the letter of
accusation(s) and incident report has been sent. Time limits may be extended at
the discretion of the director of student conduct (or designee) The letter of
accusation(s) and incident report shall contain links to access information
about the student conduct process, and the code of student conduct.
(6) Separate hearings. In proceedings
involving more than one respondent, a separate hearing may be requested by a
respondent or complainant, and granted at the discretion of the director of
student conduct (or designee).
(7)
Delaying a hearing. Upon request submitted in writing prior to a hearing, a
delay in the hearing may be granted at the discretion of the director of
student conduct (or designee). In all cases, the proceedings may not be delayed
more than two times, for no more than thirty business days total.
(8) Conduct advisor. A student may have up
to, but not more than, two persons serving as a conduct advisor. If an
accommodation is required for a respondent or complainant, a person such as an
interpreter, sign language communicator, or physical needs assistant may attend
a hearing and is may not be counted as a conduct advisor.
(9) Support person. A student may have one
person serving as a support person. A support person is an individual selected
by either a complaintant or respondent to provie support to the student through
the conduct process. A support person may not ask questions on behalf of a
complainant or respondent. A support person may not serve in any other capacity
in the hearing.
(10) Impartial
hearing. Prior to the start of a hearing, a respondent and complainant may
question a hearing officer regarding that person's ability to participate
fairly in the hearing. Questions should be directed to the director of student
conduct (or designee), who will decide whether or not to remove a hearing
officer. If the director of student conduct (or designee) determines no changes
are necessary the hearing will begin as scheduled; if changes are deemed to be
necessary, a hearing may be delayed or rescheduled at the discretion of the
director of student conduct (or designee).
(11) Standard of proof. A hearing officer or
panel shall evaluate the points of view presented by the respondent(s),
complainant(s), and police/investigators and shall determine by a preponderance
of the evidence (more likely than not) if the respondent(s) engaged in behavior
that is a violation of university rules. The deliberation of information
presented will be conducted in a closed session(s).
(12) Closed hearings. All hearings are closed
to the public. Attendees may include: respondent(s), complainant(s),
police/investigator(s), hearing officer(s), student conduct staff /convener,
conduct advisor(s), and support person(s). Witnesses will be allowed in the
hearing room only for introductions and when the student conduct convener
and/or hearing officer authorizes entry.
(a)
In situations where it is known that the student conduct process is in progress
addition to a pending, current, or potential legal process, Kent state
university general counsel may attend the student conduct hearing.
(b) For sanction hearings, where the
respondent has already accepted responsibility for the accusations,
complainants may not be asked to participate in the hearing process.
(13) Failure to appear. If a
complainant, respondent, or police/investigator fails to appear to a scheduled
student conduct hearing, the hearing will proceed in accordance with student
conduct procedures.
(14) Hearings.
The office of student conduct shall create and make publicly available a
guideline for hearing expectations that will include the following information:
(a) Decorum.
(b) Hearing proceedings.
(c) Questioning.
(d) Student organization hearings.
(15) Deliberation. Deliberation is
the meeting where the hearing officer(s) determine if a preponderence of the
evidence has been reached to achieve a finding of responsibility. If a simple
majority of hearing officers determine a rule (s) was violated, the hearing
officer(s) will determine sanctioning. If there are two hearing officers in a
hearing, both would need to agree that a rule(s) was violated for a finding of
responisibility to be achieved. Deliberations are facilitated in a closed
session with the hearing officer(s) and student conduct convener
present.
(16) All student conduct
hearing decisions are final, pending the appeal process.
(17) Communication of decisions. A letter
containing the decisions of a hearing and the procedures for appeal shall be
sent to the respondent(s) (and complainant(s) where appropriate). Individuals
and appropriate members of the university community who are affected
by/involved in the decision may also be notified, including but not limited to:
the president, senior vice president for student life, dean of
students, academic dean(s), academic advisor(s), university registrar, bursar,
residence services, psychological services, DeWeese health center, center for
student involvement, recreational services, department of athletics, and
university police services.
If the respondent(s) is not present, the decision may be sent
to the respondent's official Kent state university email address. If the
respondent(s) is a student organization and is not present, the decision may be
sent to the official Kent state university email addresses of minimally the
president and vice president of the accused student organization.
(D) Appeals.
(1) Appeal of a decision from a student
conduct hearing must be submitted by the respondent(s) or complainant(s) in
writing to the office of student conduct within seven calendar days from the
conclusion of the hearing (or the next available business day after seven
calendar days - for example holidays or recesses). An appeal must be submitted
using the appeal form available through the office of student conduct. The
office of student conduct compiles the written appeal and documentation from
the respondent(s), complainant(s), police / investigator(s), the student's
disciplinary file(s), the digital recording of the hearing, and any additional
information provided by the hearing officer(s) and submits these materials to
an appeal panel.
(2) Appeals may be
made on the basis that:
(a) Procedural
irregularity that affected the outcome of the matter; and/or
(b) New evidence that was not reasonably
available at the time the determination regarding responsibility or dismissal
was made, that could affect the outcome of the matter; and/or
(c) The hearing officer(s) had a conflict of
interest or bias for or against any party participating in the hearing that
affected the outcome of the matter; and/or
(d) For decisions resulting in separation
from Kent state university only (including but not limited to suspension,
dismissal, removal from university housing, and persona non grata): sanction(s)
imposed were not appropriate for the conduct violation for which the
respondent(s) was found responsible.
(3) If the office of student conduct receives
an appeal that does not meet any of the criteria listed in paragraph (D)(2) of
this rule, it may reject the appeal.
(4) The director of student conduct (or
designee) has the discretion to extend the date to appeal process timelines for
extenuating circumstances.
(5)
Composition. An appeal panel is composed of at least two Kent state university
faculty, staff, and/or student hearing officers appointed by the senior vice
president for student life (or designee) who are trained by the director of
student conduct (or designee). No member of the appeal panel shall have
participated in the original hearing in any capacity.
(6) Authority. The senior vice president for
student life (or designee) may:
(a) Accept or deny an appeal depending on the
basis of the appeal, and/or
(b)
Alter s prohibited conduct accusation, and/or
(c) Alter or reverse a finding of
responsible/not responsible, and/or
(d) Alter or reverse any sanction decision,
and/or
(e) Remand the case to
another hearing. A case may not be remanded more than once.
(7) Timeline. An appeal panel will
provide a recommendation in writing to the senior vice president for student
life
(or designee) within fifteen calendar days of receipt of the appeal. The senior
vice president for student life (or designee) shall provide a written decision
within fifteen calendar days of receipt from an appeal panel. The decision will
be provided to the respondent(s) and complainant(s) in writing from the office
of student conduct.
(8) Appeal
decisions made by the senior vice president for student
life
(or designee) are final.
(E) Interim actions. When the senior vice
president for student
life (or designee) has reasonable cause to
believe that a student(s) or student organization(s) may pose a risk to the
safety or well-being of those involved or others in the university community,
the student(s) or student organization(s) may be issued an interim action.
Interim actions may include but are not limited to: no contact order(s);
restriction from specific classes, campus facilities or locations; requirement
to secure a psychological evaluation; cease and desist mandates; restriction
from facilitating or participating in student organization business or
activities; suspension of student status or student organization recognition;
etc. An interim action shall remain in effect until removed or altered by the
senior vice president for student life (or
designee) or as the result of the student conduct process. A student or student
organization may challenge an interim action in writing to the senior vice
president for student life. Failure to comply with an interim action may
result in a referral to the office of student conduct and/or may involve a
criminal process..
(1) Interim suspension. An
interim suspension immediately revokes a student's or student organization's
access from all or any specific portion of university premises,
university-related activities and/or registered student organization
activities. An interim suspension will be confirmed by a written notice and
shall remain in effect until the conclusion of an administrative hearing,
student conduct hearing, or decision by the senior vice president for student
life
or designee). Such action may occur in conjunction with Ohio Campus Disruption
Act (House Bill 1219) proceedings, at the discretion of the senior vice
president for student life (or designee). A student or student organization
may challenge an interim suspension in writing to the senior vice president for
student life (or designee). Failure to comply with an interim
suspension may result in a referral to the office of student conduct and/or the
Kent state university police services.
(F) Voluntary and involuntary withdrawal.
Rule 3342-4-02.5 of the
Administrative Code is applied when a health emergency or condition renders a
student's continued participation in university academics, programs, or
services impossible, impractical or unsafe to any member of the university
community. Voluntary and involuntary withdrawal may not preclude the student
conduct process from occurring. In these specific instances, at the discretion
of the senior vice president for student life (or
designee), the student conduct process may be indefinitely delayed, and the
student placed on ineligible hold, thus prohibiting future class registration.
If/ when the student attempts to re-enter the university, the pending student
conduct proceedings may be reinstituted.
(G) Student organizations registered with the
university. Resolution of a student organization issue pertaining to an alleged
violation of university policy will be addressed through the student conduct
process. This may include but is not limited to recognized student
organizations described in rule
3342-4-11 of the Administrative
Code. Student organizations may be investigated and/or directly referred to the
office of student conduct for adjudication. The dean of students (or designee)
may receive compliants, determine interim actions if necessary, and/or
coordinate investigations for allegations against student organizations.
(1) Investigations. The dean of students (or
designee) may assign investigators to review allegations against student
organizations for any potential violation of the code of student conduct
including but not limited to, alcohol, controlled substances, hazing, physical
violence, sexual assault, sexual harassment, or weapons. The dean of students
(or designee) may use the information in the investigative report to:
(a) Determine no further action is necessary;
and/or
(b) Require interim actions
as described in paragraph (E) of this rule; and/or
(c) Require an administrative action
including but not limited to an informal warning or a required administrative
conversation; and/or
(d) Referral
to the office of student condduct for adjudication.
(2) A student organization and its officers
and membership may be held collectively and individually responsible when
violations of the code of student conduct by the organization, or its members
take place. A student organization and/or individual members of a student
organization alleged to have violated university rules, regulations, or
policies may be referred to the office of student conduct for adjudication. If
an incident involving a student organization is forwarded to the office of
student conduct for adjudication, minimally the president and vice president
(or equivalent executive positions) are considered representatives of the
student organization, and will be provided notice in accordance with paragraph
(C)(5) of this rule for participation in the student conduct process. The
student organization/campus advisor may also be notified.
(3) Disciplinary hearings for student
organizations follow paragraphs (C)(1) to (C)(17) of this rule.
(H) All-university hearing board.
As stated in the university undergraduate student senate charter (provided for
in rule 3342-2-08 of the Administrative
Code), the all university hearing board is established to recommend sanctions
regarding the violation of university rules and regulations. In addition, the
all university hearing board is vested with the judicial authority for the
undergraduate student government (USG).
(1)
Jurisdiction. With regard to undergraduate student government, the all
university hearing board shall have jurisdiction to hear and decide all cases
concerning:
(a) Interpretations of the charter
of the USG of Kent state university.
(b) The legality, with respect to this
charter, of all USG resolutions and bills.
(c) Charges of fraud, malfeasance, or illegal
procedure taking place within any general student election.
(d) Disputes between student organizations or
between a student or students and any organization or organizations.
(I) Alternative
conflict resolution.
(1) Alternative conflict
resolution (ACR) is an informal option for seeking redress with an issue(s).
ACR may be available for issues pertaining to students or student
organizations. If all persons personally and directly affected by the conflict
agree to attempt resolution through an alternative process (such as mediation,
facilitated dialogue, etc.) and the director of student conduct (or designee)
has not already assigned the formal student conduct process, than an ACR
process may be available. The nature of some conflicts, especially those
involving violence, may not be appropriate for ACR options.
(2) Participation in an ACR process may or
may not result in an agreement or resolution. When a mutually satisfactory
resolution is reached, the situation is considered resolved with no
disciplinary record being maintained. Resolutions reached through ACR may not
be appealed. If a resolution is not achieved through an attempt at ACR and the
matter involves a potential violation of university policy, a complainant may
initiate the formal disciplinary process from the university policy regarding
administration of student conduct provided for in rule
3342-4-02 of the Administrative
Code.
(3) The director of student
conduct (or designee) may refer incidents to ACR in lieu of adjudication.
Failure of a student or student organization to make a good faith and timely
effort with ACR may result in the case being referred back to student conduct
for adjudication.
(J)
Ohio Campus Disruption Act. The Ohio Campus Disruption Act, passed by the 108th
Ohio General Assembly (House Bill 1219), directly affects the operation of
state universities in Ohio. The Act has specific ramifications for university
students, faculty, and staff. In essence, any individual who commits an act of
violence and is arrested for that violation is subject to immediate suspension
from the university. The act reads in part that a student, faculty or staff
member, or employee of a college or university which receives any state funds
in support thereof who is arrested for any of the so-called "trigger" offenses
listed within division (A)(9)(a) of section
2901.01 of the Revised Code
shall be afforded a hearing, as provided in this act, to determine whether the
accused person shall be immediately suspended from that college or university.
Such hearings shall be held within not more than five days after an arrest of
the accused person, subject to reasonable continuances for good cause shown.
Continuances shall not exceed a total of ten days. If at the hearing the
referee, not affiliated with the university, finds by a preponderance of the
evidence that the person whose suspension is being considered committed any of
the specified trigger offenses, the referee shall order the person suspended.
Except for cases in which the good order and discipline of a college or
university will be prejudiced or compromised thereby, the referee may permit
the person to return to the college or university on terms of strict
disciplinary probation. Subsequent violation of the terms of the probation
automatically causes the provisions of the Ohio Campus Disruption Act to go
into effect. Based on section
3345.23 of the Revised Code, the
conviction of a student, faculty or staff member, or employee is cause for
dismissal or suspension pursuant to section
3345.22 of the Revised
Code.
(K) Family Educational Rights
and Privacy Act (FERPA). Kent state university complies with the Family
Educational Rights and Privacy Act of 1974 in its maintenance of student
educational records. This act was established to protect the privacy of
educational records, to establish the right of students to inspect and review
their educational records, and to provide guidelines for the correction or
deletion of inaccurate or misleading data through informal and formal hearings.
Disciplinary records fit within the purview of FERPA.
(1) Parental notification. Pursuant to the
Family Educational Rights and Privacy Act, the office of student conduct may
send written notice to the parents and/or legal guardians of a student under
twenty-one years of age who is found to be responsible for violating any state
or local laws pertaining to possession, consumption, or inappropriate sale of
any alcoholic beverages or controlled substances.
(L) Student disciplinary records.
(1) All hearings are digitally recorded.
Recordings may be listened to or viewed by students wishing to appeal a
decision. Recordings will be provided to the student only at the student's
request. Digital recordings are maintained as part of the disciplinary
record.
(2) All student
disciplinary records are maintained by the office of student conduct in
accordance with the federal Family Educational Rights and Privacy Act, all
state of Ohio laws, and the Kent state university records retention policy. See
university administrative policy regarding public records (provided for in rule
3342-5-15.1 of the
Administrative Code) for further details.
(3) Notation of a disciplinary record in any
case shall not appear on a student's official transcript.
(M) Revisions and applicability.
(1) Revisions. Throughout any given year,
changes to the code of student conduct may be approved. As members of the
university community, students are encouraged to be aware of any public
announcements concerning changes to the rules and regulations governing student
behavior. Updates and other changes to the code of student conduct shall be
submitted the director of student conduct.
(2) Applicability. The rule and the code of
student conduct reflect language found in various university policies and
procedures located in the Kent state university policy register. Revisions,
changes or updates to the policy register are considered the authority in
situtions where conflicting information exists.
