Ohio Administrative Code
Title 3342 - Kent State University
Chapter 3342-4 - University Policies
Section 3342-4-02.101 - Operational definitions and information regarding regulations for student behavior and administration of student conduct
Universal Citation: OH Admin Code 3342-4-02.101
Current through all regulations passed and filed through September 16, 2024
(A) Definitions.
(1) Accusation - formal allegation of
specific conduct violation(s).
(2)
Adjudication - the process by which the university conducts disciplinary
meetings, hearings, or other actions, bringing matters to resolution.
(3) Administrative conversation - informal
discussion with the director of student conduct (or designee) that is
educational and informative in nature, and shall not result in binding
decisions. An administrative conversation is considered a reasonable
request.
(4) Administrative hearing
- a student conduct process involving one Kent state university hearing
officer. An accused student(s), an accused student organization(s), and
complainant(s), a witness(es), and investigator(s), and conduct advisor(s), and
support person(s) may participate for the puprose of rendering a determination
of responsibility and sanctioning (if applicable); see rule
3342-4-02.1 of the
Administrative Code.
(5) Appeal -
the method by which due process and/or a decision can be challenged; all
appeals must be submitted in writing to the office of student conduct, and may
only be considered if it is in accordance with the code of student conduct
procedures.
(6) Complaint - written
or electronic statement or report provided from any person to the office of
student conduct; not all complaints result in incident reports or adjudication
through the student conduct process.
(7) Complainant - a person, persons,
unit/office, or student organization who submits a report alleging that a
student or student organization violated university rules, regulations, or
policies.
(8) Code of student
conduct - document that contains and explains university rules, regulations,
policies, and procedures for addressing student and student organization
behavior.
(9) Conduct advisor - any
person who advises a student or student organization regarding university
policies or procedures. A student may have one person serving as a conduct
advisor. A conduct advisor may participate in the questioning part of a
hearing. If an accommodation is required for a respondent or complainant, a
person such as an interpreter, sign language communicator, or physcial needs
assistant may attend a hearing and will not be counted as a conduct
adviser.
(10) Conflict of interest
- bias for or against any party in the student conduct process.
(11) Consent - an action defined as the
voluntary, unambiguous and uncoerced agreement to participate in an act, the
nature and full extent of which is understood by all parties. Silence or lack
of resistance cannot be the sole factor in determining consent. Consent may be
given verbally or nonverbally. All parties are responsible for confirming that
their counterpart's consent is maintained throughout the act and is present
before engaging in a new act. A person may be incapable of giving consent due
to physical incapacitation, physical or mental disability, threat, coercion,
the influence of drugs, or age.
(a) Coercion -
when an individual unreasonably pressures another to engage in sexual activity,
despite responses that the conduct is unwelcome or unwanted. Coercion includes
elements of pressure, duress, cajoling, and compulsion. The pressure to
participate may also be considered unreasonable when the pressuring individual
is in a position of influence or authority over the other individual.
(b) Incapacitation - a state where a person
lacks the capacity to reasonably appreciate the nature or extent of the
situation because of their physical or mental status, developmental disability,
or alcohol or drug use.
(12) Deliberation - private meeting by a
student conduct hearing officer/panel/administrative hearing officer to render
a determination of responsibility and sanctioning (if applicable). A student
conduct convener may be present during deliberation.
(13) Director of student conduct - staff
member assigned with overseeing the office of student conduct. At regional
campuses, this may be referred to by a different title, such as "student
conduct coordinator."
(14)
Disciplinary probation - sanction specifying a period of time during which a
student or student organization who has been found responsible for any
violation may be subject to immediate disciplinary suspension and/or dismissal
in the event of a subsequent violation.
(15) Disciplinary suspension - sanction of
involuntary separation of a student or student organization from the university
for a specific period of time (a student may be assigned persona non grata
status effective the date of suspension).
(16) Disciplinary dismissal - sanction of
involuntary separation of a student or loss of university-recognized student
organization status from the university indefinitely (a student may be assigned
persona non grata status effective the date of dismissal).
(17) Disciplinary record - the record of a
student conduct process and its findings; all disciplinary records are
considered educational records based on the Family Educational Rights and
Privacy Act (FERPA).
(18) Hearing
officer - any Kent state university faculty, staff, or student who has been
appointed to a student conduct decision-making role by the director of student
conduct and has been trained through the office of student conduct.
(19) Hearing panel - a student conduct
process involving at least two and no more than three Kent state university
faculty, staff, or student hearing officer, and a student conduct convener. An
accused student(s), an accused student organization(s), and complainant (s), a
witness(es), and investigator(s) and conduct advisors, and support person(s)
may participate for the purpose of rendering a determination of responsibility
and sanctioning (if applicable); see rule
3342-4-02.1 of the
Administrative Code.
(20) Incident
report - a complaint or information that is reviewed by the office of student
conduct and may be adjudicated through the student conduct process.
(21) Interim action - an immediate action
determined by the senior vice president for
student life (or designee) that may limit a student's or
student organization's specific privileges, including but not limited to no
contact order(s), restriction from specific facilities or locations, cease and
desist mandates, participation in student organization business or activities,
suspension of student status, or loss of university-recognized student
organization status, etc.; see rule
3342-4-02.1 of the
Administrative Code.
(22)
Police/investigator - University police services, other police agency
representative, or non-police investigator (including office of compliance /
Title IX representative) who may provide information resulting from an
investigation.
(23) No contact
order -states that a student or student organization may have no direct or
indirect contact with another person, student organization, or student
organization member (including by another person on behalf of the person to
whom the order was issued); prohibited contact includes but is not limited to
making a contact by way of personal (verbal or non-verbal), physical, phone,
and/or electronic means including social media.
(24) Persona non grata - a student, student
organization, or visitor who has been deemed detrimental to the university
community and thus is not permitted to be present on Kent state university
property or any or specified university locations.
(25) Preponderance of the evidence - the
standard in determining if a student or student organization is responsible for
a violation; the complainant must show that it is "more likely than not" that
the alleged behavior occurred and was in violation of university rules,
regulations, or policies.
(26)
Recognized student organization - a group of students who go through the
process outlined in rule
3342-4-11.201 of the
Administrative Code and is registered (officially or as an interest group)
referred to in the code of student conduct as "student organization."
(27) Report of finding - written decision
that explains the outcome of a student conduct hearing, or other
action.
(28) Respondent - a student
or student organization that has been accused, informally or through an
incident report, of violating university rules, regulations, or
policies.
(29) Retaliation. A
retaliatory action is any materially adverse action taken against a person
because they participated in the process for reporting against a person because
they participated in the process for reporting or in an investigation regarding
complaints of prohibited conduct accusations. A materially adverse action is
one that might deter a reasonable person from participating in the process. It
may include, but is not limited to, termination, discipline, and harassment,
but does not include petty slights, minor annoyances, or trivial
punishment.
(30) Sanction -
requirements set forth upon a finding or individual / organizational acceptance
of responsibility for a violation of university rules, regulations or policies
through the student conduct process.
(31) Sanction hearing - a student conduct
process involving an accused student(s) and a hearing officer (and student
conduct convener), where the accused student(s) has, prior to this hearing,
accepted responsibility for accusations, and the hearing officer renders a
sanctioning decision; see paragraph (C)(4)(a) of rule
3342-4-02.1 of the
Administrative Code.
(32) Student -
any person who has applied to or enrolled at the university in any of its
courses, programs, campuses, or offerings, including, but not limited to,
cooperative programs or offerings with other institutions for whom a record is
made at the university by the registrar or which is submitted to the university
for admission or transfer credit; see rule
3342-1-01 of the Administrative
Code.
(33) Student conduct convener
- director of student conduct (or designee) responsible for logistics and
procedures associated with the student conduct process; the student conduct
convener may simultaneously serve as a hearing officer.
(34) Student conduct process - inclusive of
all processes for students or student organizations from the time an incident
report is referred to student conduct for adjudication through the conclusion
of the appeal process in accordance with university policy and this code of
student conduct.
(35) Support
person - a student may have one person serving as a support person. A support
person is an individual selected by either a compainant or respondent to
provide support to the student through the conduct process. A support person
may not participate in questioning. 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 will nt be
countd as a support person.
(36)
University - Kent state university as established in Chapter 3341. of the
Revised Code.
(37) Warning -
Sanction stipulating that inappropriate behavior, if repeated, may lead to a
more severe sanction.
(38) Witness
- any person who has direct information regarding an alleged incident; and/or a
professional with demonstrated experience (such as a licensed health care
professional) in a field directly related to an element relevant to the
hearing.
(B) Prohibited conduct. Students and student organizations are expected to abide by federal, state, and local laws and ordinances, as well as to adhere to all university rules and regulations contained in the university policy register. Any student or student organization found to have committed or to have attempted to commit the specified forms of misconduct is subject to sanctioning outlined in paragraph (C) of this rule. Prohibited student conduct accusations are assigned by a complainant(s) or the director of student conduct (or designee) and should include the specific of prohibited conduct the respondent is accused of violating. Adjustments to assigned prohibited conduct may be made prior to a hearing by the director of student conduct (or designee), with notice to the respondent and complainant as appropriate, in accordance with paragraph (C)(5) of rule 3342-4-02.1 of the Administrative Code. Violations include but are not limited to the following.
(1) Alcohol.
(a) Use or possession of alcoholic beverages
except as expressly permitted by law, university rules, regulations, or
policies.
(b) Distribution of
alcoholic beverages except as expressly permitted by law and university rules,
regulations, or policies.
(c)
Public intoxication - being unable to care for one's own well-being or having a
disruptive impact on the community due to the influence of alcohol.
(d) Violation of residence hall policies
pertaining to alcohol listed in the hallways handbook.
(2) Animals. Possession or accompaniment of
animals in any university building at any time. Exceptions include service
animals, assistance animals, authorized laboratory animals, allowable pets
within specific residence services guidelines, and any other applicable
university rules, regulations, and policies.
(3) Complicity. Presence during any violation
of university rules, regulations, or policies in such a way as to aid, abet, or
conspire in the (attempted or carried out) violation.
(4) Computer/information technology misuse.
Not in accordance with rule
3342-9-01 of the Administrative
Code, including but not limited to:
(a) Use of
computing facilities, computing equipment, software or networks to harass or
defame any other person, create or knowingly propagate a virus, hacking,
password cracking, unauthorized viewing of others files, willful modification
of hardware and software installations, unauthorized monitoring, spamming,
private commercial purposes, improper web publishing, or breach of electronic
information security.
(b) Violation
of the Digital Millennium Copyright Act of 1998.
(5) Controlled substances. Use, possession,
sale or distribution of narcotics, controlled substances, and/or related
paraphernalia except as expressly permitted by law, university rules or
regulations.
(6) Destruction/misuse
of property.
(a) Destroying, defacing,
tampering with, materially altering or otherwise damaging property not one's
own. This includes but is not limited to doors, windows, elevators, swipe card
mechanisms, restroom equipment, vending machines, university vehicles, computer
equipment, classroom equipment, etc.
(b) Creating a condition that endangers or
threatens property not one's own.
(7) Discrimination. Action based on race,
color, religion, gender, sex, sexual orientation, national origin, ancestry,
disability, genetic information, age, and military or veteran status that
limits the group or individual's ability to participate in the university's
educational and employment opportunities. See rule
3342-5-16.1 of the
Administrative Code.
(8) Disorderly
conduct. Actions that are disorderly, lewd, or indecent; and/or breach of
peace; and/or aiding, abetting, and/or procuring another person to breach the
peace or obstruct teaching, research, administration, or university activities
or functions.
(9) Fire safety.
(a) Tampering with, or misuse of, fire alarms
and/or firefighting equipment, including but not limited to: fire
extinguishers, fire hoses, heat and smoke detectors, sprinkler systems, or
other safety devices.
(b)
Possession of flammable items, including but not limited to: candles, incense,
or other items which maintain a purpose of being used in a flammable
way.
(c) Arson. Causing a fire or
explosion, or unauthorized use of any potential incendiary device /
equipment.
(d) Violation of the
residence hall policies pertaining to fire safety listed in the hallways
handbook.
(10) Gambling.
Gaming or betting for money or other possessions on university property or in
any university operated or managed facility in violation of university rules,
regulations, and policies. except as expressly permitted by law.
(11) Gender based discrimination. All persons
are protected from unlawful discrimination.
(a) Pregnancy. Unlawful gender discrimination
includes, discrimination based on pregnancy, childbirth, false pregnancy,
termination of pregnancy, or recovery from any of these conditions.
(b) Gender identity. Regardless of an
individual's actual or perceived sexual orientation, discrimination and
harassment based on a person's gender identity, or non-conformity to
stereotypes associated with a particular gender, is prohibited. This includes
discrimination based on an individual's transgender identity.
(12) General safety. Failure to
conform to university safety regulations, including, but not limited to,
health/safety regulations issued by the president (or designee), residence
halls policies outlined in the hallways handbook and campus laboratory
guidelines.
(13) Harassment.
(a) Threatening or intimidating a person
creating a rational fear within that person.
(b) Engaging in unwanted conduct or
repeatedly committing acts directed at another person that would disrupt the
educational process.
(c) Creating a
condition that endangers or threatens the health, safety or welfare of another
person.
(d) Physically restraining
or detaining another person, or removing any person from any place where the
individual is authorized to remain.
(14) Hazing. Doing any act or coercing
another, including the victim, to do any act of initiation into any student or
other organization or any act to continue or reinstate membership in or
affiliation with any student or other organization that causes or creates a
substantial risk of causing mental or physical harm to any person, including
coercing another to consume alcohol or a drug of abuse, as defined in section
3719.011 of the Revised Code.
This applies to any act, intended or carried out, whether or not the act is
voluntarily agreed upon; see rule
3342-4-07 of the Administrative
Code.
(15) Impaired driving.
Operating a motor vehicle while under the influence of controlled substances
and/or alcohol.
(16)
Misrepresentation. Knowingly distorting or altering the truth when providing
information to an official(s) carrying out assigned duties and
responsibilities, including but not limited to: falsification of admissions
application, possessing false identification, or falsification of documents
provided to university faculty or staff.
(17) Physical violence. Punching, slapping,
kicking, or otherwise striking any person(s); and/or other conduct which
threatens or endangers the health, safety, and/or welfare of any
person.
(18) Reasonable request.
Failure to comply with a reasonable request of an official(s) carrying out
assigned duties and responsibilities, including but not limited to a person
instructing a class, a librarian or designee in a library, a police officer, or
a residence services staff member.
(19) Recording privacy. Using electronic or
other means to make an audio, video, or photographic record of any person in a
location where there is a reasonable expectation of privacy, without the
person's prior knowledge and written consent. The storing, sharing, and/or
distributing of such unauthorized records by any means are prohibited. This
includes but is not limited to: taking video or photographic images in
showers/locker rooms, residence hall rooms, and restrooms.
(20) Residence hall policies. Failure to
comply with residence hall policies outlined in the hallways handbook,
including but not limited to guest/escort, room capacity, quiet/courtesy hours,
misuse of university keys, facilities policies, improper room change.
(21) Sexual harassment. Conduct of the basis
of sex that satisfied one or more of the following: unwelcome conduct determied
by a reasonable person to be so severe, pervasive, and objectively offensive
that it effectively denies a person equal access to the university' education
program or activity.
(a) Sexual assault, which
includes the following:
(i) Rape (except
statutory rape). The carnal knowledge of a person, without the consent of the
victim, including instances where the victim is incapable of giving consent
because of their age or because of their temporary or permanent mental or
physical incapacity.
(ii) Sodomy.
Oral or anal sexual intercourse with another person, without the consent of the
victim, including instances where the victim is incapable of giving consent
because of their age or because of their temporary or permanent mental or
physical incapacity.
(iii) Sexual
assault with an object. To use an object or instrument to unlawfully penetrate,
however slightly, the genital or anal opening of the body of another person,
without the consent of the victim, including instances where the victim is
incapable of giving consent because of their age or because of their temporary
or permanent mental or physical incapacity.
(iv) Fondling. The touching of the private
body parts of another person for the purpose of sexual gratification without
the consent of the victim, including instances where the victim is incapable of
giving consent becuase of their age or because of their temporary or permanent
mental or physical incapacity.
(b) Dating violence. Violence committeed by a
person who is or has been in a social relationship of a romantic or intimate
nature with the victim. The existence of such a relationship shall be
determined based on a consideration of the length of the relationship, the type
of relationship, and the frequency of interaction between the persons involved
in the relationship.
(c) Domestic
violence. Felony or misdemeanor crimes of violence committee by a current or
former spouse or intimate partner of the victim, by a person with whom the
victim shares a child in common, by a person who is cohabitating with or has
cohabitated with the victim as a spouse or intimate partner, by a person
similarly situated to a spouse of the victim under the domestic or family
violence laws of the jurisdiction, or by any other person against an adult or
youth victim who is protected from that person's acts under the domestic or
family violence laws of the juridcition.
(d) Stalking. Engaging in a course of conduct
directed at a specific person that would cause a reasonable person to fear for
their safety or the safety of others, or suffer substantial emotional
distress.
(22) Smoking
and tobacco use. Failure to comply with smoking and tobacco prohibitions in
accordance with rule
3342-5-21 of the Administrative
Code.
(23) Student conduct process.
Non-compliance with or misuse of the student conduct process, including but not
limited to:
(a) Falsification, distortion, or
misrepresentation of information before a student conduct hearing officer,
hearing panel, or convener.
(b)
Disruption or interference with the orderly procedures of a student conduct
hearing.
(c) Attempting to
discourage an individual's or student organization's proper participation in,
or use of, the student conduct process.
(d) Attempting to influence the impartiality
of, or to intimidate, participants in the student conduct process prior to,
and/or during the course of, a student conduct proceeding.
(e) Retaliation against any individual who
participates in a complaint of a violation described in this policy.
(f) Failure to comply with the sanctions(s)
imposed under the code of student conduct.
(24) Theft. Using, taking, and/or possessing
property or services that are knowingly not one's own (or owned by a student
organization) and/or without permission of the owner.
(25) Trespassing/unauthorized entry.
Knowingly entering or remaining in a building, office, residence hall room or
any other properties at any time without appropriate permission or
authorization.
(26) University
grounds.
(a) Use of university space and
grounds by an organization or person without reservation of the space or proper
authorization.
(b) Operation or use
of scooters, bicycles, skateboards, rollerblades, or other recreational items
in any university building or facility; on any artificial or specially prepared
surface including but not limited to tennis courts, running tracks and
basketball courts; on a sidewalk, walkway, steps, or a stairway that duly
interferes with pedestrian traffic and/or demonstrates a lack of necessary
caution regarding pedestrian right-of-way; in a reckless or unsafe manner on
university grounds.
(27)
University rules. Violation of university rules, regulations, or
policies.
(28) Weapons.
(a) Possession, storage, or use of firearms,
explosives, other weapons, or dangerous chemicals on or in any Kent state
university property, facility, or event; unless authorized by an appropriate
university official or permitted by a university policy. This includes but is
not limited to ammunition, brass knuckles, fireworks, airsoft guns, bb guns,
paintball guns, pellet guns, pistols, rifles, shotguns, taser / stun guns, nun
chucks, swords, etc. Any object not mentioned in this rule that is used to
intimidate, threaten or harm may be considered a weapon.
(b) Possession, storage, or use of firearms,
explosives, other weapons, or dangerous chemicals off campus that are
prohibited by law.
(C) Sanctions. Sanctions are designed to be educational, restorative, and preventative.
Sanctions may include but are not limited to:
(1) Alcohol, drug, and/or other education
course;
(2) Community
service;
(3) Counseling
referral;
(4) Disciplinary
dismissal;
(5) Disciplinary
probation;
(6) Disciplinary
suspension;
(7) Educational
workshop;
(8) Letter of apology /
reflection paper;
(9) No contact
order;
(10) Persona non grata (PNG)
status (campus access restriction);
(11) Residence hall restriction and/or
room/hall changes;
(12) Revocation
of student organization recognition;
(13) Restitution for damages;
(14) Warning; and/or
(15) Other as deemed appropriate.
Disclaimer: These regulations may not be the most recent version. Ohio may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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