Ohio Administrative Code
Title 3349 - Northeast Ohio Medical University
Chapter 3349-10 - Campus Safety
Section 3349-10-74 - Employees and students arrested for offenses of violence ("1219" proceedings)

(1) "Force" means any violence, compulsion, or constraint physically exerted by any means upon or against a person or thing.

(2) "Deadly Force" means any force that carries a substantial risk that it will proximately result in the death of any person.

(3) "Hearing Officer" refers to the person who will preside over the hearing initiated when a student or employee is arrested for an offense of violence. The hearing officer shall be an attorney admitted to the practice of law in Ohio, but the hearing officer shall not be attorney for or an employee of the university.

(4) "Matriculated" enrolled or admitted to any course of study in any one of the colleges of the university.

(5) "Offenses of Violence" are those offenses set forth in section 3345.22 of the Revised Code and section 3345.23 of the Revised Code, or any substantially equivalent offenses under a municipal ordinance. These offenses include, but are not limited to, the following offenses:

Aggravated murder, murder, voluntary manslaughter, involuntary manslaughter, felonious assault, aggravated assault, assault, permitting child abuse, aggravated menacing, menacing by stalking, menacing, kidnapping, abduction, extortion, gross sexual imposition, arson, aggravated robbery, rape, sexual battery, aggravated arson, arson, disrupting public services, terrorism, robbery, aggravated burglary, burglary, inciting to violence, aggravated riot, riot, inducing panic, domestic violence, intimidation, intimidation of attorney, victim or witness in criminal case, escape, aiding escape or resistance to lawful authority, having weapons while under disability, and improperly discharging firearm at or into a habitation, in a school safety zone or with intent to cause harm or panic to persons in a school building or at a school function.

(6) "Physical Harm to Persons" means any injury, illness, or other physiological impairment, regardless of its gravity or duration.

(7) "Physical Harm to Property" means any tangible or intangible damage to property that, in any degree, results in loss to its value or interferes with its use or enjoyment. "Physical harm to property" does not include wear and tear occasioned by normal use.

(1) Duty to report. While the arresting authority is required to immediately notify the president of the university of the arrest of an employee or student for an offense of violence, the employee or student who has been arrested is also under an obligation to so report. A student's failure to report will be deemed a violation of the student academic integrity and conduct code. An employee's failure to report will be deemed as grounds for discipline or termination.

(2) Immediate administrative suspension pending hearing. Upon receipt of the information that an employee or student of the university has been arrested for an offense of violence, the president or his/her designee may impose an immediate administrative suspension upon the student or employee until a hearing is held on the matter. The chief student affairs officer has the discretionary authority to impose an immediate administrative suspension upon a student, and the department of human resources has the same discretionary authority to issue such a suspension to an employee. Imposition of an immediate administrative suspension will only occur after there has been an in-person meeting to discuss the alleged conduct, or a good faith effort upon the university to hold an in-person meeting. An immediate administrative suspension may still be imposed where the circumstances of the person's arrest prevent such a meeting from occurring or if the person fails to acknowledge the university's request for such a meeting. For students, the meeting will be held with the chief student affairs officer, while employees will meet with the director of human resources. The safety officer shall be present for the meeting. If an immediate administrative suspension is issued following the in-person meeting, the student or employee must surrender his/her university identification badge and will be escorted off the university property by the safety officer.

(3) Hearing to determine further action. Irrespective of whether a student or employee is placed on immediate administrative suspension, a subsequent hearing will be held to determine if further action is necessary based on the person's offense of violence.

(4) Sanctions. Upon hearing, if the hearing officer finds by a preponderance of the evidence that the person whose suspension is being considered committed any offense of violence, the hearing officer may:

(5) Failure to appear. A person afforded a hearing pursuant to this section who does not appear at the hearing will be issued a university suspension by the hearing officer.

(6) Waiver. A person afforded a hearing pursuant to this section may waive the right to the hearing by responding in writing to the university official designated in the hearing notice. Waiver of the hearing will result in the automatic imposition of a university suspension or disciplinary probation.

(7) Campus access. Campus security shall escort the person subject to a university suspension from the premises following the imposition of such a sanction and the suspended person must surrender their university identification badge. That name of the suspended person will be provided to campus security and that person shall be denied access to any university property until the sanctions ordered under this rule have been lifted.

(8) Duration of the suspension. A university suspension under this section is in effect until the person is acquitted or convicted of the crime, or a crime related to the same facts for which the person was arrested. If the person is convicted of the crime or a crime related to the same facts, the university suspension will remain in effect for the duration of any criminal sentence imposed by the court. Should the person plead guilty to or be convicted of a lesser charge related to the same facts, the university suspension will remain in effect under the terms originally imposed by the university.

If the person is acquitted or there is a final judicial determination that does not result in a conviction related to the charges for which a person is suspended pursuant to this rule, the university suspension will automatically terminate, and the person suspended shall be reinstated. The record of the suspension shall be expunged from the person's personnel or academic record held by the university.

(9) Appeals. A person ordered to a university suspension under this rule may appeal from the order of a hearing officer on questions of law and fact to the court of common pleas in Portage county, within twenty calendar days after the date of the order. If the court to which an appeal is taken determines that the good order and discipline of the university will not be prejudiced thereby, it may permit the person suspended to return to the university on terms of strict disciplinary probation.

(10) Petitions for reinstatement after a suspension. Upon completion of the criminal sentence imposed, the person may petition the university, in writing, for re-entry into the curriculum or return to employment. Students petitioning to re-enter their curriculum must submit their petition to the committee on academic and professional progress "CAPP". The petition will then be reviewed by a standing subcommittee appointed by phase two "CAPP". Employees petitioning to be reinstated to their position of employment must submit their petition to the director of human resources for review by the president and/or the board of trustees. Decisions on reinstatement to the university will be based on a review of the following considerations:

(11) Student appeals from the denial of a petition for reinstatement. A student who has petitioned for reinstatement may appeal the decision of the phase two "CAPP" subcommittee on the following grounds:

(12) Dismissal of employees or students upon conviction of certain offenses.

(1) Section 3345.22 of the Revised Code and section 3345.23 of the Revised Code and all other sections provided for in this rule shall be applied and followed, notwithstanding any rule, regulation, or procedure of the university, but such sections shall not be construed to limit any duty or authority of the university to take appropriate disciplinary action, through such procedures as may be provided in the rules and rules of the university.

(2) Section 3345.22 of the Revised Code and section 3345.23 of the Revised Code and all other sections provided for in this rule shall not be construed as modifying or limiting the duty or authority of the university to summarily suspend a student or employee, when necessary to preserve the good order and discipline of the university under other existing rules.

(3) To the extent that section 3345.22 of the Revised Code and section 3345.23 of the Revised Code and all other sections provided for in this rule conflict with civil service requirements and procedures, persons otherwise subject to disciplinary action pursuant to such sections, but who are employees in the classified civil service, shall be disciplined according to civil service requirements and procedures.

(4) Dismissed or suspended person are not to enter university premises. No employee or student under dismissal or suspension from the university pursuant to section 3345.22 of the Revised Code or section 3345.23 of the Revised Code or this rule, shall enter or remain upon the land or premises of the university from which he or she was suspended or dismissed, without the express permission of the university.

(5) Pursuant to Section 1092(f) of The Jeanne Clery Disclosure of Campus Security Policy and Crime Statistics Act, 20 U.S.C., upon receipt of a written request from an alleged victim of an offence of violence (as that term is defined in this rule and in section 16 of title 18, U.S.C.) or that victim's next of kin, the university will issue a report of the result of the disciplinary proceeding instituted against the alleged perpetrator of the act.