Current through all regulations passed and filed through September 16, 2024
(A)
Policy statement
and purpose. Owens community college strictly prohibits hazing in any form as
prescribed in section
2903.31 of the Revised Code. Any
member of the campus community, or individual(s) associated with an
organization recognized by or operating under the sanction of the college,
found responsible for violating this rule may face disciplinary action from the
college. Violations may also be subject to civil and criminal penalties under
Ohio law.
(B)
Application. This rule applies to conduct that occurs
on or off-campus, between two or more people who are affiliated with the
college, or any student or other organization associated with the
college.
(C)
Definitions.
(1)
Hazing. Is
defined as doing any act or coercing another, including the victim, to do any
act of initiation into any student club or other organization or any act to
continue or reinstate membership in or affiliation with any student club 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.
(2)
Recklessly. Is defined as, with heedless indifference
to the consequences; the person disregards a substantial and unjustifiable risk
that the person's conduct is likely to cause a certain result or is likely to
be of a certain nature.
(D)
Prohibited
behavior. No college employee, student, consultant, alumnus, or volunteer of
any student club or organization, shall engage in the following prohibited
behaviors.
(1)
Recklessly participating in the hazing of
another.
(2)
Recklessly permitting the hazing of any person
associated with a student club or organization.
(3)
Recklessly
participating in the hazing of another when the hazing includes coerced
consumption of alcohol or drugs of abuse resulting in serious physical harm to
the other person.
(4)
Recklessly permitting the hazing of any person
associated with a student club or organization when the hazing includes coerced
consumption of alcohol or drugs of abuse resulting in serious physical harm to
that person.
(E)
Reporting an allegation.
(1)
Campus safety is
a top priority and the college will take all report of misconduct seriously to
protect everyone's health and well-being. Owens community college depends on
community members to identify and report behaviors of concern so that the
college can provide distressed students and employees with appropriate support
services and resources. Every individual is responsible for campus
safety.
(2)
Alleged violations of this rule shall be reported to
the executive director of human resources, assistant dean student life,
director of athletics, department of public safety, or online at the college
website, student conduct, report an incident. Anonymous reports are accepted;
however, the college's ability to obtain additional information may be
compromised, and the ability to investigate anonymous reports may be
limited.
(3)
An individual must immediately report knowledge of
hazing as defined in paragraph (B) of this rule to the college through any of
the means as stated. An individual who is obligated to report and fails to make
a timely report may be subject to appropriate discipline. Each of the following
is considered an individual who is obligated to report hazing.
(a)
Any full or
part-time employee of the college (including an adjunct, student
worker).
(b)
Any volunteer acting in an official capacity who
advises or coaches a student organization and/or a student group and who has
direct contact with a student.
(c)
Any employee who
is required by law to protect confidentiality is exempt from this
requirement.
(4)
The college recognizes that an individual may be
reluctant to report hazing activity due to the fear of potential consequences
for their own conduct. Therefore, anyone who makes a report under this rule
will not be charged with other minor rule violations that are brought to light
in the course of the investigation that arose out of, or were committed as a
direct result of, the incident under investigation as long as those behaviors
do not represent a threat to the health, safety or wellbeing of others. The
college may follow up with the individual regarding the behavior in a
non-disciplinary manner.
(F)
Investigation.
(1)
The college will promptly notify the appropriate law
enforcement agency when an allegation of hazing has been reported and will
document that the notification was made. Once an allegation(s) is received, it
will be promptly and thoroughly be investigated by the office of student life,
department of human resources and/or local law enforcement authority having
jurisdiction. The college will also determine if interim measures are needed to
protect the safety and well-being of others.
(2)
During the course
of the investigation the student and/or student organization may request to
enter information into the record and may recommend specific witnesses to the
investigator(s). However, the determination of the relevance of information and
or witnesses will be made by the investigator(s).
(G)
Sanctions.
(1)
The implied or
expressed consent of an individual to hazing is not a defense to a student code
of conduct violation and/or other college rule or procedures. Furthermore,
retaliation against any person who reports hazing or who participates in a
hazing investigation pursuant to this rule is in violation of the student code
of conduct and/or other college rule or procedures and is subject to
disciplinary action.
(2)
An individual (including but not limited to employees
and students), student club or organization that violate this rule may be
subject to disciplinary sanctions in accordance with the student code of
conduct and/or other college rule or procedures, including but not limited to,
fine, suspension, or expulsion. Violation of this rule by an employee may
result in corrective action and/or discipline, up to an including termination,
in accordance with applicable college rule or procedures and/or collective
bargaining agreement.
(H)
Enforcement.
(1)
The office of student life and/or human resources shall
coordinate the investigation of all hazing allegations. When appropriate, other
college offices may handle certain aspects of the college's response (i.e.,
human resources, department of public safety, etc.)
(2)
Additionally, the
office of student life and/or human resources will assess the need for interim
measures (i.e. suspension of current group activity). Every effort will be
taken to complete the investigation in a timely manner. The hazing allegation
will be investigated and resolved in keeping with the student code of conduct
procedures and/or other college rules. At the point when a formal conduct
charge is made against an organization, the national or oversight organization,
if any, shall be notified. Criminal investigations resulting from a report to
law enforcement will be handled by the appropriate law enforcement agency.
Owens community college may charge an individual or a group with violation of
this rule via the student code of conduct and/or other college rules,
regulations or policies.
(3)
A sanction applied to an organization and/or an
individual will be imposed in accordance with the severity of the violation and
will be determined by the office of student life and/or human
resources.
(I)
Report of reported incidents. The college will maintain
a report of all violations of this rule that are reported to the college and
which result in a charge of violation of this rule. The college will update the
report bi-annually on July first of each year and will post the updated report
on the college website.
(J)
Training and education. Owens community college shall
provide annually at least one program/training on hazing intervention and
prevention education to all members, prospective members and anyone who is
employed by or volunteers with an organization. The education may be provided
in person, electronically, or both. The college will maintain a record of
individuals who have completed the program/training. Failure to complete the
program/training will result in the student being denied the ability to join
any recognized organization or group.
(K)
Supplements. This
rule supplements and supports Owens community college rule
3358:11-3-11 of the
Administrative Code (student conduct), rule
3358:11-4-17 of the
Administrative Code (anti-discrimination and harassment), rule
3358:11-5-50 of the
Administrative Code (zero tolerance/workplace violence), rule
3358:11-5-52 of the
Administrative Code (standards of conduct and disciplinary
process).
(L)
Implementation. The chief student affairs officer or
designee(s) will implement procedures, guidelines, forms, and operational
processes, which are consistent with the provisions of this
rule.