Current through all regulations passed and filed through December 16, 2024
(A)
Policy statement
The university of Toledo (university)
is focused on the overall growth and development of its students in preparation
for them to become global citizens. The office of student conduct and community
standards (OSC&CS) aims to educate students on the impact of their student
group/organization choices, social choices, and behavior have on the community,
and to assist them with making future decisions that lead to their professional
success.
The university in promulgating the
"student code of conduct" and "student group/organization code of conduct," as
required by section
3345.21
of the Revised Code, and as set forth in this policyow, takes into
consideration the rights and responsibilities of the individual student(s),
student groups, or student organizations, concurrently with university and
community rights and responsibilities.
(B)
Purpose of the
policy
The code of student group/organization
conduct articulates the university's expectations of behavior for student
groups/organizations and the potential outcomes for violations of policies or
inappropriate conduct. This policy takes into consideration the unique needs of
student groups/organizations through the code of student group/organization
conduct process. This policy explains the university's requirements for notice,
and the student groups/organizations opportunity to be heard regarding alleged
violation(s) of the code of student group/organization conduct. The code of
student group/organization conduct is not intended to be exhaustive in terms of
defining all acts of misconduct. The code of student group/organization conduct
specifies the rights and responsibilities of student groups, student
organizations, the university, and the rights of other parties going through
the student conduct process.
Student groups/organizations are
expected to engage in conduct that represents the mission, vision, and values
of the university.
Sanctions implemented through the code
of student group/organization conduct process are designed to provide student
groups/organizations with the opportunity to accept responsibility, provide
accountability, reflect on their choices, challenge their decision-making
processes, and assist them in changing their behavior to better align with the
university's expectations. Being a member of the university community is a
privilege. Actions by student groups/organizations that interfere with the
welfare and/or safety of the university community are not acceptable and will
not be tolerated.
(C)
Definitions
(1)
Appeal officer: university official(s) authorized to
review and determine an appeal from the respondent and complainant (if
applicable).
(2)
Business days: Monday through Friday, excluding
Saturday, Sunday, recognized university holidays, and approved university
breaks.
(3)
Complainant: person, student, student group, or student
organization who was subject to alleged misconduct as described in the student
code of conduct. There may be more than one complainant in a
case.
(4)
Director of student conduct and community standards (or
designee): the person designated by the vice president of student affairs for
daily operation of the student conduct process.
(5)
Disciplinary
hold: an administrative hold placed on a student's account by a member of the
office of student conduct and community standards that prevents the student
from registering/unregistering from classes and receiving a
transcript.
(6)
Exigent circumstances: any situation that demands
unusual or immediate action and thus allows for the circumvention of usual
procedures. Examples include, but are not limited to, process delays due to
parallel criminal proceedings, behaviors that present a threat to the health
and safety of members of the campus community, a break in the academic
calendar, etc.
(7)
Hearing officer: A hearing officer is the director of
student conduct and community standards (or designee) or a person(s) or bodies
assigned by the director of student conduct and community standards (or
designee) to be the deciding body in a conduct case. The hearing officer will
be a neutral and objective decision-maker properly trained in due process,
student development theory and restorative justice practices. The hearing
officer should not be the person who investigated the case and must not be
involved in the appellate process.
(8)
Incapacitation:
occurs where a person is unable to give consent, such as due to the use of
drugs or alcohol or a cognitive impairment. In considering whether a
complainant is incapacitated due to the consumption of drugs or alcohol, the
university will consider the circumstances, including factors such as whether
there is evidence of slurred speech, vomiting, stumbling or the inability to
walk, or periods of "blacking out." The presence of one of these factors,
standing alone, may not be sufficient to establish incapacitation; the totality
of the circumstances must be examined.
(9)
Inter/national
organizational governing body: any known or designated association or body
affiliated with any student group/organization. Examples may include national
headquarters of Greek-letter organizations, national governing bodies of sports
organizations, national honor societies, etc.
(10)
Investigator:
university official(s) gathering information for a hearing authority to
determine whether a violation(s) of the student code of conduct has
occurred.
(11)
Policy: any written rule or regulation of the
university as found in, but not limited to, the student code of conduct,
residence hall living guide, student organization manual, the university policy
website, and graduate/undergraduate catalogues.
(12)
Possession:
includes, but is not limited to, holding, no matter the duration, any
prohibited item wherever located.
(13)
Preponderance of
the evidence: standard of review for alleged violation(s) of the student code
of conduct. This standard requires that the information utilized shows that it
is more likely than not that the alleged violation(s) or behavior(s)
occurred.
(14)
Reasonable: an objective standard for evaluating
appropriateness; having sound judgement; rational or sensible; not extreme or
excessive.
(15)
Student organization: any group that has registered and
have been recognized by the university as a student organization or has applied
for such recognition. This would include, but is not limited to, unchartered
provisional chapters/interest groups.
(16)
Respondent: any
student group or student organization alleged to have committed a violation of
the code of student group/organization conduct.
(17)
Student
group/organization advisor: any individual designated by the student
group/organization as their advisor. If there is no student group/organization
advisor designated by the student group/organization, the institution may
choose a designee.
(18)
Student group/organization representative: The
university will generally direct communication to the student on file with the
university as the elected/appointed leader of the student group/organization
(i.e. president or team captain). However, the student group/organization may
choose any student member to serve as the official representative of the
student group/organization at any time during the process as outlined in this
code. If the individual designated is no longer eligible to serve in that role
(e.g. the student withdraws from the university or is no longer a member of the
student group/organization) or if the student group/organization dissolves
prior to or during the investigation/adjudication process as outlined in this
code, the university may designate a student group/organization representative
of their choosing.
(19)
Sponsored event: Sponsored events, whether on or
off-campus, include, but are not limited to:
(a)
Any event that
the student group/organization registers with the university or otherwise
notifies the university that it is sponsoring/hosting.
(b)
Any event that
meets the criteria of an event that should be registered with the university or
that the student group/organization should have otherwise notified the
university.
(c)
Any event that the university determines may qualify as
a sponsored event based on, but not limited to, the following factors: the
nature of the event, the number of student group/organization members in
attendance at the event, the level of organization/advertising undertaken by
members of the student group/organization, etc.
(20)
Student group: a
number of persons who are associated with the university and each other, but
who have not registered, or are not required to register, as a student
organization (including, but not limited to athletic teams and clubs not
registered as student organizations).
(21)
University
community: includes the university, any person who is a student, staff member,
faculty member, employee, volunteer, patient, guest, invitee, or other persons
associated with the university.
(22)
University
official: any person employed by the university, on a full-time, part-time, or
temporary basis, performing assigned administrative or professional
responsibilities.
(23)
University premise: includes all land, buildings,
facilities, and other property in the possession of, or owned, leased, used,
supervised, or controlled by the university.
(24)
Use: includes,
but is not limited to facilities, drinking, ingesting, or introducing any
amount of substance into one's body.
(25)
Witness: any
person requested to participate in an investigation or a hearing due to
relevant information they may have about an incident of alleged misconduct. The
complainant, respondent, and others may provide the university with witness
names.
(26)
Written notification: All correspondence will be sent
to the student, student group, or student organization's assigned university
email address. Should an individual not have a university email address,
agreement will be made as to the best source of contact (other email address
provided in writing to the investigator and/or hearing
authority).
(D)
Jurisdiction and scope of the university code of
student group/organization conduct
(1)
The code of student group/organization conduct and the
student conduct process apply to the conduct of student
groups/organizations.
(2)
Student groups/organizations that have lost university
recognition may still be subject to provisions in this code. Individual
students who are members of a student group/organization are still subject as
individuals to the code of student conduct and may be held individually
accountable for behaviors also attributed to the student group/organization.
Individuals who are members of a student group/organization may, through their
actions, subject the student group/organization to disciplinary action under
this code, whether or not those individuals are also adjudicated under the code
of student conduct.
(3)
Student groups/organizations may be held responsible
for the behavior of their members and/or guests for behaviors including, but
not limited to, the following:
(a)
Alleged violation of the student code of conduct,
university policy, or directive when multiple members are engaging in the
behavior(s).
(b)
The conduct is endorsed by the student
group/organization or any of its officers including, but not limited to, active
or passive consent or support, having prior knowledge. That the conduct was
likely to occur and not taking any substantive action to prevent it (e.g.,
canceling the event, notifying the office of student conduct or university or
local police, etc.), or helping to plan, advertise or promote the
conduct.
(c)
The conduct is committed during an activity paid for by
the student group/organization or paid for as a result of one or more members
of the student group/organization contributing personal funds in lieu of
organizational funds to support the activity or paid for by non-members/guest
to the or conduct in question.
(d)
The conduct
occurred on property owned, controlled, rented, leased, or used (on or off
campus) by the student group/organization or any of its members for an
organizational event.
(e)
The purpose of the activity was related to initiation
or admission into, affiliation with, or as a condition for continued membership
in the student group/organization and/or is a potential violation of rule
3364-30-20 of the Administrative Code (policy on hazing).
(f)
Non-members of
the student group/organization learned of the activity through members,
advertisements, or communications associated with the student
group/organization or otherwise formed a reasonable belief that the conduct or
activity was affiliated with or endorsed by the student
group/organization.
(g)
Members of the student group/organization attempted to
conceal the activity of other members who were involved.
(h)
One or more
officer(s) of the student group/organization had prior knowledge or reasonably
should have known that the conduct would take place.
(4)
The code of
student group/organization conduct may be applied to behavior conducted online,
via email or other electronic medium. Student group/organization members should
also be aware that online postings such as blogs, web postings, chats and
social networking sites are in the public sphere and are not private. These
postings can subject a student group/organization to allegations of conduct
violations if evidence of policy violations is posted online. The university
does not regularly search for this information but may take action if and when
such information is brought to the attention of university
officials.
(5)
The code of student group/organization conduct applies
to guests of the student group/organization and the student group/organization
may be held accountable for the misconduct of their guests. Visitors to and
guests of university may seek resolution of violations of the code of student
group/organization conduct committed against them by a student
group/organization and/or members of a student
group/organization.
(6)
Though anonymous complaints are permitted, doing so may
limit the university ability to investigate and respond to a complaint. Those
who are aware of misconduct are encouraged to report it as quickly as possible
to the university and/or to campus police.
(7)
A student
group/organization facing an alleged violation of the code of student
group/organization conduct is permitted to dissolve/surrender recognition
during the investigation/adjudication process. However, the university may
continue the investigation/adjudication process even after the student
group/organization has been dissolved.
(8)
University email
is the university/'s primary means of communication with student
group/organization representatives. Official university correspondence related
to this code of student group/organization conduct will be transmitted to the
official university/ email address of the student group/organization
representative. Student group/organization representatives are responsible for
all communication delivered to their university email address. In addition, the
university may notify the student group/organization advisor and/or any
inter/national governing body associated with the student
group/organization.
(E)
Violations of the
code of student group/organization conduct: Any of the actions or attempted
actions listed in rule
3364-30-04
of the Administrative Code (student code of conduct) constitute conduct for
which a student group/organization may be subject to conduct action.
(F)
Procedures
(1)
Violation of law and the code of student
group/organization conduct: The student group/organization conduct process may
be instituted against a student group/organization charged with conduct that
potentially violates the student code of conduct or the code of student
group/organization conduct. Proceedings under this policy may be carried out
prior to, or simultaneously with, any related criminal or civil matters.
Determination of responsibility or sanctions imposed under the code of student
group/organization conduct will not change because criminal or civil charges
arising out of the same facts giving rise to violation of university rules have
been dismissed, reduced, or resolved in favor of, or against, a criminal or
civil defendant.
(2)
Filing a complaint
(a)
Members of the
university of Toledo community may file complaint(s) alleging a violation of
the code of student group/organization conduct against a student
group/organization.
(b)
The office of student conduct and community standards
may also receive complaints alleging a violation from external entities,
including law enforcement agencies and members of the public.
(c)
Complaints may be
filed online at
https://cm.maxient.com/reportingform.php?UnivofToledo&
layout_id;=1, via e-mail to the student conduct
email account ( studentconduct@utoledo.edu), via telephone (419-530-1258 during
business hours), or in person by coming to the office of student conduct and
community standards (2514 Lancelot Thompson student union during business
hours).
(d)
Upon receipt of
the information, the director of student conduct and community standards (or
designee) will review all relevant information and consult with the appropriate
parties regarding the alleged violation.
(e)
It is the
responsibility of the director of student conduct and community standards (or
designee) to determine the appropriateness of the allegation, and how the
behavior will be addressed.
(3)
Self-reporting of
individual misconduct and amnesty
(a)
Student group/organization leadership are encouraged to
immediately report any violations of the student code of conduct and/or code of
student group/organization conduct committed by members of the student
group/organization to the office of student conduct and community standards.
This report should provide the following information:
(i)
A detailed
description of the events that transpired.
(ii)
The names of any
individuals involved .
(iii)
A description of any internal disciplinary actions
taken by the student group/organization.
(b)
If a student
group/organization chooses to self-report behavior in this manner, the director
of student conduct and community standards (or designee) will only investigate
the individual(s) who engaged in the behavior.
(c)
In the case that
additional information is uncovered in the investigation that suggests that the
student group/organization aided, approved, sanctioned, or organized the event,
the director of student conduct and community standards (or designee) or
designee may waive self-reporting amnesty and begin a formal investigation of
the student group/organization.
(d)
The university
reserves the right to follow up with any reporting party or other individual
related to the reported concerns as appropriate in a non-disciplinary
setting.
(4)
Investigation
(a)
There may be
times when an investigation is necessary to determine if additional information
is needed before addressing the student group/organization's behavior. In these
cases, an investigator/team of investigators will interview the complainant,
the respondent, and any relevant witnesses.
(b)
Once the
investigation is complete, the investigator/team of investigators will submit a
report to the director of student conduct and community standards (or
designee). The director of student conduct and community standards (or
designee) will review the report and determine appropriate next
steps.
(5)
Student group/organization conduct hearing authorities:
Hearing authorities are responsible for processing complaints of alleged
violations of the code of student group/organization conduct. The director of
student conduct and community standards (or designee) is responsible for
determining the appropriate hearing authority for each conduct matter. The
following are considered hearing authorities under the code of student
group/organization conduct:
(a)
Office of student conduct and community standards
(OSC&CS) staff members: appropriate staff members from the OSC&CS are
responsible for adjudicating matters involving alleged violations of the code
of student group/organization conduct on and off-campus. They have authority to
hold information meetings, serve as hearing authorities for administrative
reviews and hearings, and serve as an advisor to the university conduct board
and the sexual misconduct board. They have the authority to impose the full
range of sanctions, up to, and including suspension and expulsion (university
and residence halls).
(b)
Office of residence life (ORL) staff members:
Appropriate staff members from the office of residence life are responsible for
adjudicating matters involving alleged violations of the code of student
group/organization conduct. They have authority to hold information meetings
and serve as hearing authorities for administrative reviews and hearings. If
the behavior of the respondent poses a health or safety risk to self or others,
is repeated behavior, or may result in suspension or expulsion from the
residence halls or university, the case may be referred to the
OSC&CS.
(c)
The university conduct board (UCB): The UCB is
responsible for adjudicating matters involving alleged violations of the
student code of conduct (excluding sexual misconduct violations). The UCB will
be convened when the respondent, complainant (in instances where the
complainant is harmed by the respondent's misconduct), or the OSC&CS
selects the UCB as the resolution option. Quorum for the UCB is three trained
faculty, staff, and/or student members. A board member selected by an
OSC&CS staff member will chair the UCB hearings. All board members,
including the chair, will have voting rights. The UCB is advised by an
OSC&CS staff member, determines responsibility, and recommends sanction(s)
to the director of student conduct and community standards (or designee). The
director of student conduct and community standards (or designee) will review
the sanction recommendation(s) and impose sanctions within a reasonable amount
of time after the date of the hearing.
(d)
The sexual
misconduct board (SMB): The SMB is responsible for adjudicating matters
involving sexual misconduct. The SMB will be convened when the respondent, the
complainant, or the OSC&CS selects the SMB as the resolution option. Quorum
for the SMB is three faculty and/or staff members. A board member selected by
an OSC&CS staff member will chair the SMB hearings. All board members,
including the chair, will have voting rights. The SMB is advised by an
OSC&CS staff member, determines responsibility, and recommends sanction(s)
to the director of student conduct and community standards (or designee). The
director of student conduct and community standards (or designee) will review
the sanction recommendation(s) and impose sanctions within a reasonable amount
of time after the date of the hearing.
(6)
Pre-hearing
process
(a)
Any
student group/organization (referred to as respondent from this point forward)
who has been charged with an alleged violation of the code of student
group/organization conduct will have the opportunity to meet with a hearing
authority from the OSC&CS or an investigator designated by the director of
student conduct and community standards (or designee) as an investigative
authority.
(b)
The respondent will receive written notification via
their assigned university email address with the date, time, and location of
the information meeting. The written notification will provide the respondent
with at least three business days' notice, except in situations where more
urgent response is necessary due to health and/or safety
concerns.
(c)
The written notification will also include a brief
summary of the incident and/or a copy of the incident report (if applicable), a
statement of rights and responsibilities, and if appropriate, a statement
notifying the respondent that if found responsible for the alleged
violation(s), they may face suspension or expulsion.
(d)
During this
meeting, the hearing authority will review the party's rights and
responsibilities and provide them with an opportunity to review the
documentation and information received, notify the party of the charges of
alleged policy violations, allow the party to accept or deny responsibility for
the alleged violation(s), and, if appropriate, select a resolution
option.
(e)
Should a party select a formal resolution
(administrative hearing, UCB hearing, or SMB hearing), a pre-hearing meeting
will be scheduled to review the information necessary in preparing for a
hearing. This includes, but is not limited to date, time and location of the
hearing, due dates for witness information, due dates for case information, the
hearing process, the parties involved in the hearing, and any other relevant
information. Whenever possible, this meeting will occur with a staff member
other than the assigned hearing officer.
(f)
In cases
involving sexual misconduct or retaliation based on sex discrimination -
(i)
The complainant
and the respondent will each receive written notification via their assigned
university email address of the complaint. Should an individual not have a
university email address, agreement will be made as to the best source of
contact (other e-mail address provided in writing to the investigator and/or
hearing authority).
(ii)
The complainant will have their own separate
information meeting. This meeting will explain the remainder of the process and
prepare the complainant for the hearing.
(iii)
The respondent
and complainant will both be given the opportunity to select their hearing
authority. Their option is to have their case adjudicated by a single hearing
authority from the OSC&CS or the SMB.
(iv)
If the
respondent and complainant select the same hearing authority, the case will be
adjudicated by the hearing authority they selected.
(v)
If the respondent
and complainant select different hearing authorities, the case will
automatically be referred to the SMB for adjudication.
(vi)
The OSC&CS
reserves the right to assign a hearing authority not selected by the
complainant and respondent.
(g)
In cases where
the respondent's behavior resulted in a complainant being harmed:
(i)
The complainant
and the respondent will each receive written notification via their assigned
university email address of the complaint. Should an individual not have a
university email address, agreement will be made as to the best source of
contact (other e-mail address provided in writing to the investigator and/or
hearing authority).
(ii)
The complainant will have their own separate
information meeting. This meeting will explain the remainder of the process and
prepare the complainant for the hearing.
(iii)
The respondent
and complainant will both be given the opportunity to select their hearing
authority. Their option is to have their case adjudicated by a single hearing
authority from the OSC&CS or the UCB.
(iv)
If the
respondent and complainant select the same hearing authority, the case will be
adjudicated by the hearing authority they selected.
(v)
If the respondent
and complainant select different hearing authorities, the case will
automatically be referred to the UCB for adjudication.
(vi)
The OSC&CS
reserves the right to assign a hearing authority not selected by the
complainant and respondent.
(7)
Partnership
process: In the partnership process, the student group/organization is given
the opportunity to conduct an internal investigation. The partnership process
will use the following procedures:
(a)
The hearing authority will, in consultation with the
Student group/organization representative and Student group/organization
advisor and other appropriate parties, develop an investigation scope and
timeline based on the nature of the allegations.
(b)
The student
group/organization must conduct an investigation and submit a written
investigative report within the agreed-upon timeline, barring exigent
circumstances as determined by the director of student conduct and community
standards (or designee), or as otherwise specified in writing by the
university.
(c)
The investigative report should be detailed and
specific, including the names of specific individuals involved in the alleged
violation, details about what occurred including a narrative of events, and any
internal disciplinary action the student group/organization implemented
relative to those individuals.
(d)
The director of
student conduct and community standards (or designee) will review the student
group/organization's investigative report and will make one of the following
determinations:
(i)
The director of student conduct and community standards
(or designee) agrees that the report is complete and will schedule a resolution
meeting to discuss the report and findings and review next
steps.
(ii)
The director of student conduct and community standards
(or designee) agrees that the report is complete, that the behavior in question
is individual in nature, and the individuals implicated in the chapter report
are forwarded for adjudication under the student code of conduct and the case
involving the student group/organization is closed.
(iii)
The director of
student conduct and community standards (or designee) determines that the
report is insufficient or incomplete, and provides feedback to the student
group/organization and provides instruction for further
investigation.
(iv)
The director of student conduct and community standards
(or designee) determines that the student group/organization has intentionally
provided inaccurate or incomplete information, obstructed the process, or is
otherwise non-compliant or uncooperative. The director of student conduct and
community standards (or designee) will then determine whether to move forward
with investigation and adjudication of the allegations under the formal
resolution process.
(e)
Once the director
of student conduct and community standards (or designee) has determined that
the report is complete, they will meet with the student group/organization
representative and/or advisor (and other parties as appropriate i.e.,
inter/national governing body) and will determine one of the following:
(i)
No policy
violation: If the student group/organization report determines that no policies
were violated by the student group/organization and the director of student
conduct and community standards (or designee) accepts this determination, the
process concludes for the student group/organization. Individuals implicated in
the report may be forwarded for individual adjudication as outlined in the
student code of conduct.
(ii)
Responsibility fully accepted: If the student
group/organization report determines that the student group/organization was
responsible for all policy violation(s) that were alleged, and the director of
student conduct and community standards (or designee) accepts this
determination, the hearing authority will move forward with the partnership
process resolution procedure.
(iii)
Responsibility
partially: If the student group/organization report determines that the student
group/organization was responsible for some but not all, or for none of the
policy violation(s) that were alleged, the director of student conduct and
community standards (or designee) can either accept the determinations of the
report generated by the student group/organization or may decline to accept the
determinations and move forward with a formal investigation and adjudication
process. If the director of student conduct and community standards (or
designee) accepts a report indicating partial responsibility, the director of
student conduct and community standards (or designee) will move forward with
the partnership process resolution procedure.
(8)
Resolution options and hearing types
(a)
Informal
resolution: The student group/organization may accept the findings of the
investigation and determinations of the director of student conduct and
community standards (or designee) based on an investigation. If this occurs,
the director of student conduct and community standards (or designee) will
determine and assign any appropriate sanctions.
(b)
Partnership
process resolution procedure: The director of student conduct and community
standards (or designee) may partially or totally accept the report submitted
through the partnership process. If the report is accepted, the director of
student conduct and community standards (or designee) will meet with the
student group or student organization representative to discuss any appropriate
sanctions. The director of student conduct and community standards (or
designee) will have final decision in what sanctions are
assigned.
(c)
Administrative hearing: A single hearing authority from
the OSC&CS or the ORL adjudicates this formal resolution option utilized
for mid to upper-level violation(s). Scheduled after the information meeting,
the hearing authority and/or the respondent may involve complainant(s) and/or
witnesses. If the respondent accepts responsibility for the alleged
violation(s), a "sanctions only" hearing will occur. A "sanctions only" hearing
will allow the respondent an opportunity to explain why they engaged in the
behavior, what they have learned as a result of their participation in the
student conduct process, how the situation has impacted them, and what they
will do differently if placed in a same/similar situation. The complainant will
be given the opportunity to share the same information with the hearing
authority. A "sanctions only" hearing will not involve any witnesses as
responsibility of the violation(s) has already been accepted and determined. If
the respondent or complainant does not attend the hearing, or attends the
hearing and chooses not to participate, the hearing authority will move forward
with adjudicating the case in absentia. To move forward with a hearing where
the respondent is facing suspension/expulsion, and/or there are allegations of
sexual misconduct, the complainant will be expected to attend, participate, and
be cross-examined by the respondent. To mitigate additional harm and/or trauma
to the involved parties, cross examination may be conducted through the hearing
authority.
(d)
The UCB/SMB: UCB/SMB hearings are presided over by a
member of the board designated as chair and will occur after the information
meeting. If the respondent accepts responsibility for the alleged violation(s),
a "sanctions only" hearing will occur. A "sanctions only" hearing will allow
the respondent an opportunity to explain why they engaged in the behavior, what
they have learned as a result of their participation in the student conduct
process, how the situation has impacted them, and what they will do differently
if placed in a same/similar situation. The complainant will be given the
opportunity to share the same information with the board. A "sanctions only"
hearing will not involve any witnesses as responsibility of the violation(s)
has already been accepted and determined. If the respondent does not attend the
hearing, or attends the hearing and chooses not to participate, the board will
adjudicate the case in absentia. To move forward with a hearing where the
respondent is facing suspension/expulsion, and/or there are allegations of
sexual misconduct, the complainant will be expected to attend, participate, and
be cross-examined by the respondent. To mitigate additional harm and/or trauma
to the involved parties, cross examination may be conducted through the chair.
Each UCB/SMB hearing will be assigned an OSC&CS staff member to oversee the
process, suggest relevant questions, explain policy, answer questions about
process/procedure, and provide information on precedent. The OSC&CS staff
member is not a voting board member.
(e)
The hearing
notification will include the date, time, and location of the hearing, the
alleged violation(s), a statement of rights and responsibilities, and the
name(s) of the hearing authority. The hearing notification will also provide
the time and date for the pre-hearing meeting.
(f)
The hearing
notification will provide the respondent with at least ten business days'
notice before the hearing.
(g)
In cases
involving sexual misconduct, retaliation based on sex discrimination, or the
complainant being harmed by the respondent's behavior, both the respondent and
complainant will receive written notification to their assigned university
email address of the complaint. Should an individual not have a university
email address, agreement will be made as to the best source of contact (other
e-mail address provided in writing to the investigator and/or hearing
authority).
(9)
Hearing information
(a)
The purpose of a
hearing is to provide the respondent(s) an opportunity to have their case
reviewed and decided upon using the preponderance of evidence standard (based
on the information available, is it more likely than not that a violation
occurred).
(b)
All hearings are closed to the public, with the
exception of procedural advisors and/or support person for the respondent and
complainant (if appropriate). Parties directly participating in the hearing
(respondent, complainant, the OSC&CS staff member, procedural advisor(s)
and/or support person(s)), may remain in the hearing the entire time.
Witness(es) will only be present when speaking to the hearing
authority.
(c)
Cases involving sexual misconduct, retaliation based on
sex discrimination, or the complainant being harmed by the respondent's
behavior, are also closed to the public, except for procedural advisors and/or
support person for the complainant and respondent (if appropriate). Parties
directly participating in the hearing (respondent, complainant, the OSC&CS
staff member, procedural advisor(s) and/or support person (s)), may remain in
the hearing the entire time. Witness(es) will only be present when speaking to
the hearing authority.
(10)
Procedural
advisor and/or support person
(a)
The student group/organization may elect to have a
procedural advisor throughout the student group/organization conduct process.
This procedural advisor may only work directly with the student
group/organization Representative and may only advise in regards to the student
group/organization case.
(b)
The procedural advisor can assist the student
group/organization with hearing preparations and provide them with quiet
consultation during meetings and hearings.
(c)
Individuals
participating in the student group/student organization conduct process
including the student group/organization representative may elect to have a
support person throughout the student group/organization conduct process. The
support person can provide the individual with emotional support throughout the
student group/organization conduct process.
(d)
If the procedural
advisor and/or support person becomes disruptive after being warned by the
hearing authority or the OSC&CS staff member, they will be asked to
leave.
(e)
Respondents and complainants whose procedural advisor
is an attorney are required to notify the OSC&CS in writing at least ten
business days before any meeting or hearing.
(G)
Sanctions
(1)
Student groups/organizations found responsible for
violating the code of student group/organization conduct will receive
sanction(s). Sanctions are designed to educate the student group/organization
on community expectations regarding appropriate behavior and protect the
university community and its members. Sanctions also help the student
group/organization repair the harm they caused the community.
(2)
When sanctioning
a student group/organization, the hearing authority should consider the
following:
(a)
Statements and information presented at the
review/hearing;
(b)
Seriousness of the violation;
(c)
How the behavior
impacted the complainant and community;
(d)
The student
group/organization's prior conduct history;
(e)
The student
group/organization's intent and motivation;
(f)
Conduct precedent
(how the university has handled same/similar violation(s); and
(g)
Credibility of
the student group/organization, complainant, and witnesses.
(3)
Student groups/organizations may receive one or more of the
following sanctions if found responsible for violating the code of student
group/organization conduct:
(a)
Written warning: written notice to the student
group/organization that their behavior has violated the code of student
group/organization conduct, and that further violations may result in more
severe sanction(s).
(b)
Conduct probation: The student group/organization is
not in good standing with the university and is subject to more severe
sanction(s), including suspension or expulsion if there are any further
violations.
(c)
Restriction of privileges: restrictions placed upon a
student group/organization which limits university privileges for a specified
period of time. These restrictions may include, but are not limited to:
inability to represent the university in any capacity, inability to maintain an
office or other assigned space on university property, inability to
receive/retain university funds, inability to participate in intramural sports,
inability to sponsor, cosponsor, and/or participate in any social event or
other activity, inability to sponsor any speaker or guest on-campus, inability
of rush or membership recruitment activities, inability of the use of
university facilities, inability of the use of university vehicles, inability
of advertising on-campus for organizational activities, and inability of
soliciting and/or selling any items on-campus.s
(d)
Suspension of
student group/organization: the denial of privileges of a student
group/organization for a designated period.
(e)
Expulsion of
student group/student organization recognition: permanently excludes the
student group/organization from the university without any recourse to reapply
for recognition.
(f)
Educational action: action intended to educate the
student group/organization on their choices and behaviors. Examples of
educational actions include reflective essays, research papers, designing
and/or attending programs, completion of community service, counseling center
screenings, parent/guardian notification, etc.
(g)
Administrative
fee(s)/fine(s): imposed when a student group/organization is found responsible
for violating the code of student group/organization conduct. Fee(s) and
fine(s) assist with costs associated with educational workshops and programs
offered by the office of student conduct and community
standards.
(h)
Restitution: compensation for the loss, damage, or
injury caused by the student group/organization. Restitution may include one of
the following: monetary or material replacement.
(i)
No contact
directive: written directive to refrain from intentional contact, direct or
indirect, with one or more person(s), through any means.
(H)
Appeals procedures for the student organization conduct
process
(1)
Grounds for appeal: The only permissible grounds for appeals
are as follows:
(a)
To consider new evidence, unknown or unavailable during
the original hearing or investigation, that could substantially impact the
original finding or sanction. A summary of this new evidence and its potential
impact must be included in the appeal.
(b)
A procedural
error or omission occurred that significantly impacted the outcome of the
hearing.
(2)
The appeals process
(a)
The respondent
may appeal a decision or sanction made by the hearing authority within five
business days of the decision. Appeals must be submitted online at
https://cm.maxient.com/reportingform.php?UnivofToledo&layout_id
=10.
(b)
Letters of
support/disagreement of the hearing outcome will not be accepted and will not
be considered a part of the appeal.
(c)
In cases
involving sexual misconduct, retaliation based on sex discrimination, or the
complainant being harmed by the respondent's behavior, the party's appeal will
be shared with the opposing party, who will be given five business days from
notification of the appeal, to submit a response in writing to the OSC&CS
at studentconduct@utoledo.edu.
(3)
Respondents and
complainants who fail to attend their information meeting, administrative
review, and/or hearing forfeit their right to appeal and/or respond to an
opposing party's appeal. In such cases, the decision and sanction(s) made by
the hearing authority are final.
(4)
Determinations of
responsibility through the partnership process are final and may not be
appealed. Sanctions assigned through the partnership process may be
appealed.
(5)
The OSC&CS will review all requests for appeal
within five business days of receipt to determine if the appeal has been
submitted in the appropriate timeframe, the respondent or complainant has
clearly outlined one or more acceptable grounds for appeal and included a
statement of facts supporting the ground(s) for appeal.
(6)
Any appeal that
is submitted outside of the timeframe outlined above, fails to outline
acceptable grounds, or fails to include a statement of facts supporting the
ground(s) for appeal will be dismissed.
(7)
Appeals that are
submitted within the appropriate time frame, identify acceptable grounds, and a
statement of supporting facts will be forwarded to the appeals officer for
review. Appeals of decisions made by hearing authorities in the OSC&CS will
be directed to the associate vice president and dean of students (or designee)
for review and decision.
(8)
Conduct sanction(s) will be effective immediately
unless otherwise specified. This decision will be made on a case-by-case basis
by the director of student conduct and community standards (or designee) in
consultation with appropriate university officials.
(9)
In considering an
appeal, the appeals officer will conduct a review of the existing materials,
including:
(b)
The hearing
recording;
(d)
Written response
from the hearing authority (if applicable);
(e)
Written response
from the complainant (if applicable);
(f)
Written response
from the respondent (if applicable).
(10)
The appeals
officer may uphold the original sanction and/or decision, modify and/or
eliminate the sanction(s), or refer the case back to the original hearing
authority due to procedural error or information not available at the time of
the hearing. The appeals officer will state, in writing, the rationale for
their decision. This response will be emailed to the respondent, complaint, and
original hearing authority's assigned university email address.
(11)
The respondent
and complainant will be notified of the outcome of the appeal via their
assigned university email address within ten business days. The decision of the
appeals officer is final.
(I)
Student
group/organization code of conduct review: The student group/organization code
of conduct will be reviewed annually under the leadership and direction of the
director of student conduct and community standards (or
designee).
(J)
Acknowledgements: The university of Toledo's code of
student group/organization conduct is adapted from the Dyad strategies model
code of student group/organization conduct and is used here with
permission.