Ohio Administrative Code
Title 3356 - Youngstown State University
Chapter 3356-8 - Student Code of Conduct; Support and Assitance to Veterans
Section 3356-8-08 - Anti-hazing
Universal Citation: OH Admin Code 3356-8-08
Current through all regulations passed and filed through September 16, 2024
(A) Policy statement. Youngstown state university (university) condemns hazing and is committed to providing a safe environment in which members of the learning community may participate in experiences and activities without compromising their health, well-being, dignity, and/or rights. Prevention of hazing is the responsibility of every member of the university community, including students, student organizations, university-sponsored programs, coaches, student groups, faculty members, employees, volunteers, and alumni.
(B) Purpose. This policy governs the university's implementation of Collin's Law: The Ohio Anti-Hazing Act. The policy defines key terms; prohibits hazing and related conduct; describes reporting duties; establishes corrective action and discipline for violating the policy; details how information about hazing violations shall be shared and reported; and sets forth the requirements for anti-hazing educational and training programs.
(C) Scope.
(1)
The policy shall
apply to any act of hazing or violation of paragraph (G) of this policy that
takes place on or off campus between two or more people who are affiliated with
the university.
(2)
This policy applies to all members of the university
community, including faculty, staff, students, volunteers, organizations,
university-sponsored programs, as well as visitors and other licensees and
invitees.
(3)
NCAA student-athletes shall follow the policies and
guidelines set forth by the NCAA, the affiliated conference, and the university
department of athletics in addition to this policy.
(D) Definitions.
(1)
"Hazing," as set forth in section
2903.31 of the Revised
Code, as amended, means 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. (See rule 3356-8- 01.1 of the Administrative Code, "The
Student Code of Conduct," which prohibits hazing.)
(2)
"Organization"
means any university-sponsored program or registered student organization
recognized by or operating under the sanction of the university, including but
not limited to: registered student organizations, Greek life, club sports,
athletics, honors college, student programming board, student government,
student media, marching band, music ensembles and theater. "Organization"
includes a national or international organization with which a fraternity or
sorority is affiliated.
(3)
"Student" means all persons registered for courses,
seminars, and workshops at the university, either full-time or part-time,
pursuing undergraduate, graduate, professional studies, or continuing
education. This includes college credit plus students and Youngstown early
college students. Also included are those individuals accepted for admission or
living in the residence halls, whether enrolled at the
university.
(4)
"Staff" means any individual employed by the
university, including administrators, employees, faculty members, teachers,
consultants and coaches. "Staff" does not include student
employees.
(5)
"Serious physical harm" means any of the
following:
(a)
Any mental illness or condition of such gravity as would
normally require hospitalization or prolonged psychiatric
treatment;
(b)
Any physical harm that carries a substantial risk of
death;
(c)
Any physical harm that involves some permanent
incapacity, whether partial or total, or that involves some temporary,
substantial incapacity;
(d)
Any physical harm that involves some permanent
disfigurement or that involves some temporary, serious disfigurement;
or
(e)
Any physical harm that involves acute pain of such
duration as to result in substantial suffering or that involves any degree of
prolonged or intractable pain.
(E) Procedure. The division of student affairs shall be responsible for developing and enforcing anti-hazing procedures and policies at the university. The office of human resources shall assist the division of student affairs with the development and enforcement of the anti-hazing policy where it pertains to staff, coaches, and volunteers who are registered with human resources.
(F) Duty to report hazing violations.
(1)
All university staff, coaches, alumnus, and volunteers
are required to immediately report the suspicion or knowledge of a hazing
incident to:
(a)
University police at 330-941-3527; and
(b)
The law
enforcement agency in the county in which the victim of hazing resides or in
which the hazing is occurring or has occurred; and
(c)
The office of
community standards and student conduct in person or through the online
reporting form on the website.
(2)
All students,
parents, and members of the community are encouraged to immediately report the
suspicion or knowledge of a hazing incident to:
(a)
University police
at 330-941-3527; and/or
(b)
The law enforcement agency in the county in which the
victim of hazing resides or in which the hazing is occurring or has occurred;
and/or
(c)
The office of community standards and student conduct
in person or through the
(3)
Students,
parents, and members of the community may report known or suspected incidents
of hazing anonymously.
(4)
Amnesty. The university encourages students to report
potential violations of university policies, including the anti-hazing policy.
Students who report potential incidents of hazing may be exempted from the
formal student conduct process for minor policy violations that arose out of,
or were committed as a direct result of, the reported incident. The office of
community standards and student conduct has complete discretion to determine
whether to grant an exemption in such cases. Exemptions do not apply to
behaviors that endanger or harm the health, safety, or well-being of others.
Hazing is considered a behavior that endangers the health, safety, or
well-being of others; and, therefore, students will not be exempted from any
actions taken to participate in, condone, or act in complicity with
hazing.
(G) Prohibited conduct.
(1)
No person or
organization shall commit hazing as defined in paragraph (D)(1) of this
policy.
(2)
No administrator, employee, faculty member, teacher,
consultant, alumnus, or volunteer of any organization shall recklessly permit
the hazing of any person associated with the organization.
(3)
No administrator,
employee, faculty member, teacher, consultant, alumnus, or volunteer of any
organization who is acting in an official and professional capacity shall
recklessly fail to immediately report the knowledge of hazing to university
police and to the law enforcement agency in the county in which the victim of
hazing resides or in which the hazing is occurring or has
occurred.
(4)
No person or organization shall retaliate against or
take adverse action toward any reporting party and/or any person participating
in a hazing investigation or disciplinary proceeding.
(H) Criminal sanctions.
(1)
Participating in
hazing. Pursuant to section
2903.31 of the Revised
Code, a person who recklessly participates in the hazing of another commits a
misdemeanor of the second degree. If the hazing includes coerced consumption of
alcohol or drugs of abuse resulting in serious physical harm to the other
person, the criminal penalty is increased to a felony of the third
degree.
(2)
Permitting hazing. Pursuant to section
2903.31 of the Revised
Code, an administrator, employee, faculty member, teacher, consultant, alumnus,
or volunteer of any organization who recklessly permits the hazing of any
person associated with the organization commits a misdemeanor of the second
degree. When the hazing includes coerced consumption of alcohol or drugs of
abuse resulting in serious physical harm to that person, the criminal penalty
is increased to a felony of the third degree.
(3)
Failure to report
hazing. Pursuant to section 2903.311 of the Revised Code, an administrator,
employee, faculty member, teacher, consultant, alumnus, or volunteer of any
organization who is acting in an official and professional capacity who
recklessly fails to immediately report the knowledge of hazing to a law
enforcement agency in the county in which the victim of hazing resides or in
which the hazing is occurring or has occurred commits a misdemeanor of the
fourth degree. When the hazing causes serious physical harm, the criminal
penalty is increased to a misdemeanor of the first degree.
(I) University sanctions.
(1)
University policy
under rule 3356-8- 01.1 of the Administrative Code, "The Student Code of
Conduct" governs student conduct investigations, hearings, and sanctions for
hazing, including hazing violations by student groups and registered student
organizations. See "Article IV, Student conduct procedures." The dean of
students, or designee, shall coordinate the investigation of all hazing
allegations.
(2)
Appropriate penalties for a violation of the
anti-hazing policy shall be based on the severity of the violation and may
include any of the following:
(a)
Educational sanctions, including but not limited to
topical reflections, online modules, campus referrals, continued enrollment
status agreements, and re-entry plans;
(b)
The imposition of
fines;
(c)
Withholding of diplomas or transcripts pending
compliance with the rules or payment of fines;
(d)
The revocation of
permission for an organization to operate on campus or to otherwise operate
under the recognition or sanction of the institution; or
(e)
The imposition of
probation, suspension, or expulsion.
(3)
Staff who violate
this policy shall be subject to disciplinary proceedings under the collective
bargaining agreement governing their position. Excluded professional
administrative employees and excluded classified employees not covered by a
collective bargaining agreement will be subject to disciplinary proceedings
established by the office of human resources.
(4)
A penalty imposed
under this policy shall be in addition to a penalty imposed for a violation of
section
2903.31 of the Revised
Code, the criminal laws of Ohio, or for a violation of any other rule of the
university to which the individual or organization who committed the violation
may be subject.
(J) Reporting/posting requirements.
(1)
The university shall provide a copy of the anti-hazing
policy and policy under rule 3356-8- 01.1 of the Administrative Code, "The
Student Code of Conduct" to each organization within the
university.
(2)
The university shall post the anti-hazing policy on the
website of the division of student affairs.
(3)
Beginning in the
2022-2023 academic year, the university shall maintain a report of all
violations of the anti-hazing policy or other state law regarding hazing that
are reported to the university. The report shall be posted on the website of
the office of community standards and student conduct.
(4)
Each report
referenced in paragraph (J)(3) of this policy shall include all of the
following:
(a)
The name of the subject of the report;
(b)
The date when the
subject of the report was charged with a violation of the anti-hazing policy or
other state law regarding hazing;
(c)
A general
description of the violation, any investigation and findings by the university,
and any penalties imposed on the subject of the report; and
(d)
The date on which
the matter was resolved.
(5)
The initial
report required by paragraph (J) of this policy shall be posted on the website
of the office of community standards and student conduct not later than January
15, 2023 and shall include information concerning hazing violations that have
been reported to the university for the five consecutive years prior to October
7, 2021 to the extent that the university retained information concerning the
violations.
(6)
After the posting of the initial report referenced
above, the university shall update the report on the first day of January and
August of each year and shall post the updated report on the website of the
office of community standards and student conduct.
(7)
The university
shall retain reports for five consecutive years.
(8)
Reports issued
under paragraph (J) of this policy shall not include personal identifying
information of an individual and shall be subject to the Family Educational
Rights and Privacy Act of 1974,
20 U.S.C.
1232g.
(K) Educational program and training requirements.
(1)
Students.
(a)
The university shall provide all students with a
mandatory educational program on hazing (educational program), which may be
offered online or in person. The educational program shall include information
regarding hazing awareness, prevention, intervention, and this anti-hazing
policy. Newly admitted students will be provided training at the time of
orientation.
(b)
The university shall offer at least one opportunity for
students to complete the educational program during new student
orientation.
(c)
Each student's attendance at the educational program
shall be verified.
(d)
Students are prohibited from participating in an
organization recognized by or operating under the sanction of the university
until the student attends the educational program. Students who participate in
organizations without completing the required educational program will be
referred to the office of community standards and student conduct for failure
to comply with the anti-hazing policy.
(2)
Staff, alumnus,
and volunteers.
(a)
No administrators, employees, faculty members,
teachers, consultants, staff, alumni, and volunteers shall recklessly permit
hazing or fail to immediately report it to university police and to the law
enforcement agency in the county in which the victim of hazing resides or in
which the hazing is occurring or has occurred. See paragraphs (G)(2) and (G)(3)
of this policy. The university shall encourage these individuals to take the
online hazing awareness training provided to students.
(b)
The university
shall provide mandatory training on hazing, which shall include information on
hazing awareness, hazing prevention, and this anti-hazing policy, to all staff
and volunteers that:
(i)
Advise or coach an organization recognized by or
operating under the sanction of the university; and
(ii)
Have direct
contact with students.
(3)
Organizations.
(a)
Organizations, including university-sponsored programs,
recognized by or operating under the sanction of the university shall conduct
mandatory training on hazing for any volunteer who has contact with students.
The division or department responsible for the organization shall ensure that
the training is completed by all volunteers.
(b)
No organization
shall accept or initiate any student who has not attended the mandatory
anti-hazing educational program identified in paragraph (K)(1)(a) of this
policy.
(c)
No organization shall permit a volunteer, staff, coach,
or faculty to assist if they have not completed the mandatory
training.
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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