Ohio Administrative Code
Title 3349 - Northeast Ohio Medical University
Chapter 3349-5 - Student Conduct and Health Initiatives
Section 3349-5-10 - Administration of student conduct
Universal Citation: OH Admin Code 3349-5-10
Current through all regulations passed and filed through September 16, 2024
(A) PURPOSE
To establish a rule on the Administration of Student Conduct.
(B) SCOPE
All students enrolled at the University.
(C) DEFINITIONS
(1)
"Appeal board" is the panel of three members of the
committee on academic and professional progress (CAPP) executive committee from
the respective college responsible for reviewing the content of the appeal and
rendering a decision.
(2)
"Complaint" includes a written document in the form of
a professionalism concern note, testing irregularity report, or violation of
law form setting forth the facts and reasons that a party or parties believes
are sufficient to support a claim against a student or students for a violation
of the honor code. All complaints of this nature shall be directed to the
senior executive director of academic affairs and student
services.
(3)
"Conduct" is defined as a violation of the NEOMED
"expectations of student conduct and professional commitment" and may include
but is not limited to academic dishonesty, criminal misconduct, or behavioral
misconduct.
(4)
"Conduct Officer" is the university official or
designee approved by the president who reviews a wide range of reported
misconduct, may resolve misconduct cases, or may refer them to the hearing
board for adjudication. The senior executive director of academic affairs and
student services or approved designee serves as the conduct
officer.
(5)
"Expectations for student conduct and professional
commitment" (or "honor code") to as the honor code refers to the university
code of expectations which delineates the requirement that each student
demonstrate behavior which, by its nature and interpretation, is considered to
be appropriate for a career in the student's chosen field of study. Adherence
to this honor code is required of all students enrolled at the university.
Students are expected to read, understand, sign and abide by these expectations
while enrolled and involved in NEOMED, its partner hospitals, and
NEOMED-sponsored activities. A student's signature on the document constitutes
an agreement to support the honor code and the professionalism principles
embodied therein.
(6)
"Hearing board" is the formal review panel of a total
of three individuals which may include the university faculty, staff and active
students responsible for conducting a formal review of conduct allegations and
rendering a decision and sanction when appropriate. The hearing board shall
select a chair from its faculty membership.
(7)
"Professionalism
concern note" (or "PCN") is an online form that may be submitted by students,
faculty, and staff to report allegations of unprofessional conduct against a
NEOMED student and effectively triggers the procedures set forth in this
rule.
(8)
"Violations of law" form is an online, self-reporting
form that may be submitted by students to report violations of law, including
criminal charges, date and location of incidents, and status of the charges to
in accordance with the procedures set forth in the violations of law form.
Students are required by the "expectations of student conduct and professional
commitment" to report any and all infractions of the law.
(D) BODY OF THE RULE
(1)
By law, the university is responsible for regulating the use
of the grounds, buildings, equipment and facilities of the university so that
the university may achieve its mission. To meet these responsibilities, the
university hereby adopts standards of conduct for the students and provides for
suspension of students from classes, expulsion from the university, and/or
physical removal from university property. The university hereby authorizes
university officials to enforce university rule in order to maintain law and
order on the campus. The authority of the student conduct process has been
delegated to the conduct officer by the president.
(2)
Disciplinary
action under this rule may be taken from the point at which an individual has
been admitted as a student to the university, whether or not the individual is
registered for classes, through the point of graduation. Disciplinary action
may also be taken against student organizations.
(3)
As the recipient
of all complaints alleging student misconduct, the conduct officer will work in
consultation with the student affairs delegate of the student's college to make
the initial determination as to whether the matters alleged in the complaint
are best resolved through the student conduct process contained in this rule or
by way of a referral to the committee on academic and professional progress
(CAPP) or some other mechanism.
(4)
Offenses
addressed under this rule.
(a)
Behavior in violation of university policies or
procedures, including the behavior outlined in the "expectations for student
conduct and professional behavior" and incorporated by reference into this
rule. Such policies shall be published in a manner reasonably designed to come
to the attention of students.
(b)
Behavior in
violation of the terms of sanctions previously imposed under this
rule.
(c)
Behavior deemed detrimental or disruptive to the
university community and/or prohibited by local, state or federal laws,
including any act that results in the student's arrest, but excluding any
conduct considered an offence of violence addressed under rule
3349-10-74 or
3349-10-75 of the Administrative
code.
(5)
Reporting procedures. Allegations of violations of the
"expectations of student conduct and professional commitment" may be provided
in a number of ways including the following communication methods.
(a)
Professionalism
concern note. A PCN form may be completed online and submitted by any member of
the NEOMED community. The PCN includes information regarding the date,
description and details of the allegation and an option to share the name of
the complainant.
(b)
Irregularity report. The testing services staff may
submit an irregularity report and available evidence for any allegations of
misconduct observed during testing, whether in-person or
virtual.
(c)
Violations of law. The violations of law form may be
submitted by any NEOMED student when they have been charged or found in
violation of state or federal law. Decisions regarding the severity of the
charge and whether it requires adjudication will be made upon receipt of the
violations of law form by the conduct officer.
(d)
Other referrals
to the conduct officer may be made via written format by any student or
employee.
(6)
Due process. A student against whom a complaint has
been made under this rule is entitled to due process on the complaint including
the opportunity to speak to the allegations, share evidence regarding the
allegations and proceed through either an informal resolution via the conduct
officer or a formal resolution via the hearing board.
(7)
Notification. The
student will be notified in writing within ten business days of the allegations
and student conduct process including the possibility of an informal conduct
meeting to review the evidence, investigation, and conduct
process.
(8)
Procedural options
(a)
Informal
resolution
(i)
A student may admit to the facts contained in the complaint.
The admission shall be in writing and shall be given to the conduct officer
designated in the written notice and will be retained in the student's conduct
file.
(ii)
A student who does not submit a written admission or
waiver according to this rule or fails to appear at the informal conduct
meeting shall be subject to any sanction imposed by the conduct
officer.
(b)
Formal resolution
(i)
If the student
does not choose to engage in the informal resolution process or does not choose
to accept the decision of the conduct officer, the student may request a formal
resolution via the hearing board and shall be advised in writing with a hearing
notice within five business days of the time, date and location of the
hearing.
(ii)
Hearing board procedures. When an informal resolution
cannot be reached, the university will appoint a hearing board composed of
three faculty, staff and active students to conduct the formal hearing within
fifteen business days from the date of written notification by the student
requesting a formal resolution. The hearing shall be held at the university on
the time and date specified in the hearing notice.
(a)
The hearing board
chair may invoke whatever means necessary to effectively manage the hearing and
preserve the order and decorum of the proceedings over which he/she
presides.
(b)
The hearing shall be adversarial in nature and shall be
conducted fairly and impartially, but the technical rules of evidence
applicable to civil and criminal cases shall not apply.
(c)
Severance of
proceedings. In proceedings involving more than one accused student, severance,
if requested in writing before or at the hearing, shall be granted by the
hearing board chair.
(d)
An audio recording will be created from the hearing
board meeting to serve as record of the discussion, evidence, and testimonies
in the event that the hearing board decision is appealed and for review by the
members of the appeal board.
(iii)
Student's
rights at the hearing.
(a)
The student against whom a complaint has been made is
entitled to know the nature and the source of the evidence used to support the
complaint; to cross-examine witnesses against the student; to testify; and to
present the testimony of witnesses and other evidence in the student's behalf.
In the absence of a waiver of the right against compulsory self-incrimination,
the testimony of a student whose academic status is being considered, given at
the hearing, shall not subsequently be used in any criminal proceeding against
the person. The hearing board chair may require the separation of witnesses and
may bar from the proceedings any person whose presence is not essential to the
proceedings. No counter charges regarding the same incident shall be permitted
to be filed pending final disposition of the original charge.
(b)
The student
against whom a complaint has been made shall be offered the opportunity to
appear at the hearing alone or with another person, who may serve only in an
advisory capacity. A person serving in an advisory capacity shall be a NEOMED
faculty, staff or student, but may not participate directly in the hearing or
address the conduct officer on behalf of the student. The person serving in an
advisory capacity may not be a blood relative or attorney unless a criminal
charge related to the conduct offense is active and pending.
(c)
All hearings
shall be closed to protect the student's rights of confidentiality. A request
for an open hearing, however, may be made to the hearing board chair by the
student charged and may be granted if warranted by the
circumstances.
(9)
Credibility
determination. The hearing board shall evaluate the points of view presented by
the parties in conflict and shall determine if the preponderance of the
evidence supports the conclusion that it the student committed the misconduct
alleged in the complaint.
(10)
Decision. A copy
of the Hearing Board's decision, including the procedures for appeal, shall be
given to the student in writing within three business days from the conclusion
of the hearing.
(11)
Sanctions and safety measures.
(a)
Immediate interim
administrative suspension. At the time the complaint is reported, if the senior
executive director of academic affairs and student services, in consultation
with the general counsel for the university and the dean or designee of the
student's respective college, determines that the conduct alleged is
inconsistent with maintaining the good order and discipline of the university
and its campus, the senior executive director of academic affairs and student
services has the discretionary authority to impose an immediate interim
administrative suspension upon the student. Imposition of an immediate interim
administrative suspension will only occur after there has been an in-person
meeting between the student and the senior executive director of academic
affairs and student services to discuss the allegations set forth in the
complaint or a good faith effort upon the university to hold an in-person
meeting. Where the circumstances of the student's misconduct prevent such a
meeting from occurring, an immediate interim administrative suspension may
still be imposed. If an immediate interim administrative suspension is issued
following the in-person meeting, the student may be asked to surrender his/her
university identification badge and/or may be escorted off the university
property by the safety officer if safety concerns indicated that is
appropriate.
(b)
Formal warning. In the informal or formal resolution
processes, a formal warning may be imposed. A formal warning gives notice that
student's conduct in a specific instance does not meet the "expectations of
student conduct and professional commitment" and formally warns the student
that continued misconduct may result in a more serious disciplinary
action.
(c)
Strict disciplinary probation. In the informal or
formal resolution processes, the student may be placed on strict disciplinary
probation. This sanction is invoked for a specified period of time, not to
exceed twelve months from the date it is originally imposed. Notification of
sanctions will be made to appropriate university offices, including the
student's college. Students on disciplinary probation:
(i)
May not be
permitted to participate in an official non-curricular capacity such as an
officer of a student organization;
(ii)
May be
restricted from entering or remaining in selected campus buildings or in
specified university facilities;
(iii)
May be subject
to additional stipulations as outlined by the conduct officer or hearing board;
and/or
(iv)
May be subject to automatic dismissal or immediate
interim administrative suspension if allegations of further misconduct arise,
including any violation of the terms of the disciplinary probation originally
imposed.
(d)
Disciplinary suspension. This sanction, which may be
imposed in the informal or formal resolution processes, is one of involuntary
separation of the student from the university for a period not to exceed twelve
months from the date of sanction. Notification of sanctions will be made to
appropriate university offices, including the student's academic college.
Students suspended:
(i)
Shall be assigned grades or marks which would be
appropriate if they were withdrawing voluntarily.
(ii)
May be required
to leave the campus and/or premises of the university effective the date of
suspension. Permission may only be granted by the general counsel for entrance
to university premises for a specified purpose and time.
(iii)
Shall receive
any refund of money in accordance with the refund schedule in effect at the
time of suspension if the suspension exceeds four weeks in
duration.
(iv)
Are permitted to return to the university and re-enter
their college's curriculum at the conclusion of their suspension pursuant to
the terms established by the conduct officer or hearing board and set forth in
the written conclusion following the hearing.
(e)
Disciplinary
dismissal. This sanction is one of involuntary separation of the student from
the university. Students dismissed:
(i)
Shall be assigned grades or marks which would be
appropriate if they were withdrawing voluntarily.
(ii)
May be required
to leave the land and/or premises of the university effective the date of
dismissal. Permission to re-enter the university premises for a specified
purpose and time may only be granted by the general counsel.
(f)
Additional stipulations to sanctions. Additional
stipulations are within the prerogative of the conduct officer, hearing board,
and appeal board. They may be mandated in addition to any of the sanctions
listed in paragraph (D) section (14) of this rule. The options that may be
considered, but are not limited to:
(i)
Counseling;
(ii)
Restitution for
damages;
(iii)
Education/Rehabilitation program referral;
or
(iv)
Other sanctions appropriate to the violation in
question.
(12)
Appeals of the
decision of the hearing board to the appeal board.
(a)
Within five
business days of the hearing board's decision, a student may submit a written
appeal of the decision. No additional appeal will be heard.
(b)
Within ten
business days, all appeal documentation must be submitted to the appeal
board.
(c)
Within five business days, a notice of the appeal board
meeting date, time and location will be provided to the
student.
(d)
Appeals are limited to the following reasons:
(i)
The decision was
reached through a procedure not in accordance with this rule.
(ii)
Presentation of
new information that was not known to the student at the time of the hearing
and may suggest modification of the decision is necessary.
(e)
The
appeal board.
(i)
The appeal board is composed of three members from the
college's respective CAPP executive review committee and will convene to review
the matter within fifteen business days of the receipt of the
appeal.
(ii)
The appeal board will review all materials from the
hearing board procedures and all appeal materials submitted by the student by
the stated deadline.
(iii)
The appeal board has the ability to uphold, modify, or
reverse the hearing board's decision in any manner it deems appropriate based
on information submitted by the student as part of the appeal.
(iv)
The decision of
the appeal board will be rendered and provided to the student within three
business days.
(v)
Decisions of the appeal board are final and no further
appeal opportunities are available.
Replaces: 3349-5-10
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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