Student Code of Conduct-Policy Section

• Section 1: Purpose
• Section 2: Community Expectations
• Section 3: Student Code of Conduct
• Section 4: Sanctions
• Section 5: Conditions of Sanctions
• Section 6: Statement of Concern
• Section 7: Presidential Interim Suspension
• Section 8: State of Emergency
• Section 9: Amendments to the Student Code of Conduct Policy
  

Section 1: Purpose

The university has a clear responsibility in the area of student conduct to protect and promote the pursuit of the Ohio University goals.   In keeping with Ohio University's commitment to the intellectual and personal growth of students within a learning-centered community, students and student organizations are expected to be responsible members of the community by complying with federal, state, and local laws, and in addition, must abide by the rules and regulations of the university.

The Ohio University Student Code of Conduct sets forth community expectations for Ohio University students and student organizations as well as those behaviors, occurring both on or off campus, which constitute unacceptable conduct for graduate and undergraduate students of the university. Students and student organizations are responsible for conducting themselves in accordance with the student code of conduct at all times.  The university does, in addition, reserve the right, for educational purposes, to review any action taken by civil authorities regarding students' behavior.  All alleged violations of the student code of conduct may result in referral to the director of University Judiciaries.

The student code of conduct is rooted in the philosophy of educational discipline.  The judicial process is a learning experience that spans a continuum beginning with understanding community expectations, to being confronted for behaviors not in keeping with these expectations, through the formal adjudication of alleged violations, and, finally, through delivery and completion of sanctions as warranted.  The university makes an effort to educate students and student organizations found in violation of the student code of conduct through a sanction while remaining at the university.  However, when a student or student organization is assessed to be a danger to the university community or reputation of the university, or when a repetition of misconduct is likely to occur, the student or student organization will be treated the same as one who has failed academically and may be separated from the university.

Although the university will make every reasonable effort to make the published code of conduct available to students and student organizations, students and student organizations are equally responsible for becoming familiar with the expectations, policies, and procedures contained in the student code of conduct.  Questions regarding the code of conduct can be addressed to:

University Judiciaries,
349 Baker University Center
T: (740) 593-2629

Section 2: Community Expectations

Ohio University has long celebrated its commitment to being an academic community.  This legacy includes care, cooperation, and an adherence to standards of behavior for all invited to be part of the community.  In order for this community to flourish, the following expectations of behavior have been established:

1. Ohio University and surrounding communities bring educational activity and living arrangements together as a coherent whole. Given this close and constant interaction, Ohio University expects responsible conduct by students and student organizations both on and off the campus as a necessary condition for continued membership at Ohio University.
2. Students and student organizations are expected to be responsible members of a diverse community, and to honor and respect differences of culture, lifestyle, and religion
3. Academic integrity and honesty are basic values of the university. Students and student organizations are expected to follow student code of conduct standards of academic integrity and honesty.
4. The university community is an open forum involving the free exchange of ideas and opinions. For exchange to occur there must be a continuous acceptance of freedom of ideas and expression and civility in disagreement.
5. The Ohio University campus, its grounds, facilities, and equipment are provisions largely from the people of Ohio for students at Ohio University. Students and student organizations are expected to respect and use responsibly these resources of the library, residence halls, classroom buildings, laboratories, and the campus as a whole.
   

Section 3: Student Code of Conduct

The following acts are defined by The Ohio University Board of Trustees to be unacceptable.

A. Code A Offenses

1. Academic Misconduct - Dishonesty or deception in fulfilling academic requirements. It includes, but is not limited to cheating, plagiarism, un-permitted collaboration, forged attendance (when attendance is required), fabrication (e.g., use of invented information or falsification of research or other findings), using advantages not approved by the instructor (e.g., unauthorized review of a copy of an exam ahead of time), knowingly permitting another student to plagiarize or cheat from one's work, or submitting the same assignment in different courses without consent of the instructor. Note: An instructor may impose a grade penalty for academic misconduct and/or file a judicial referral.

2. Dishonesty - Conduct covered by this offense includes but is not limited to:  

1. furnishing false information to the university by forgery, alteration, or misuse of documents or records;
   
2. furnishing to the university a written or oral false statement;
   
3. furnishing false identification to a university or civic official.

3. Mental or Bodily Harm to Self - Conduct that causes harm or has the potential to harm one's self. Conduct covered by this offense includes but is not limited to:

1. intentionally inflicting mental or bodily harm upon one's self;
   
2. taking reckless, but not accidental, action from which mental or bodily harm could result to ones self,(e.g., abuse of alcohol or other drugs).

4. Mental or Bodily Harm to Others - Conduct that causes harm or has potential to harm another. Conduct covered by this offense includes but is not limited to:

1. intentionally inflicting mental or bodily harm upon any person;
2. attempting to inflict mental or bodily harm upon another person;
3. taking any reckless, but not accidental, action from which mental or bodily harm could result to another person;
   
4. causing a person to believe that the offender may cause mental or bodily harm;
5. sexual assault;
6. any act which demeans, degrades, disgraces any person;
7. coercing another to engage in an act of membership in a student organization that causes or creates a risk of mental or bodily harm to any person (e.g. hazing).

5. Discrimination - Civilly, criminally, or administratively prohibited unequal treatment of a person on the basis of race, age, gender, creed, religion, national origin, ability, veteran status, or sexual orientation.

6. Disruption/Obstruction - Obstructing or interfering with university functions or any university activity.

7. Civil Disturbance - Conduct which involves disturbing the peace in conjunction with a civil disturbance. Disturbing the peace under such circumstances can be defined as, but is not limited to,

1. disorderly conduct,
   
2. failure to comply with the directives of law enforcement or university officials,
   
3. failure to comply with an order of dispersal and other such conduct which can reasonably be construed to involve disturbing the peace and good order of the community during such an occurrence.

8. False Report of Emergency - Causing, making or circulating a false report or warning of fire, explosion, crime, or other catastrophe.

9. Destruction of Property - Intentionally or recklessly, but not accidentally, damaging, destroying, defacing, or tampering with university property or the property of any person or business.

10. Theft or Possession of Stolen Property or Service - Conduct covered by this offense includes but is not limited to: 

1. taking without consent the property or service of the university, another person, business, or organization; 
2. possessing property that can reasonably be determined to have been stolen from the university, another  person, business, or organization

11. Trespassing - Forcible or unauthorized entry into any university, public, or private facility, room, or grounds.

12. Possession of Dangerous Weapons or Materials - Unauthorized possession of a dangerous weapon or material, including, but not limited to, firearms, compressed-air guns, pellet guns, BB guns, illegal knives, explosive devices, incendiary devices, fireworks, ammunition, or any other dangerous ordnance as defined by Ohio law.

13. Manufacture, Distribution, Sale, Offer for Sale, Possession, or Misuse of Drugs or Narcotics - Conduct covered by this offense includes but is not limited to:

1. manufacture, distribution, sale, offer for sale, possession, or use of any illegal drug or narcotic, including but not limited to barbiturates, hallucinogens, amphetamines, cocaine, opium, heroin, or marijuana except as defined by offense B-6;
   
2. misuse or abuse of legal drugs or narcotics;
   
3. possession of a device (drug paraphernalia) that has been used to ingest an illegal drug or narcotic, other than marijuana as defined in offense B-6.

14. Violation of Criminal Law - Alleged violation of any federal, state, or local criminal law where the conduct of a student or student organization interferes with the university's exercise of its educational objectives or responsibilities.

15. Misuse or Abuse of Computers or Computer Networks -Misuse, alteration, tampering with, or abuse of any computer, computer system, service, program, data, network, cable television network, or communication network including telephone or computer lines and wireless networks.(See Ohio University Policy and Procedures 91.003: Computer and Network Use Policy.)

16. Misuse of Safety Equipment - Unauthorized use or alteration of firefighting equipment, safety devices, or other emergency safety equipment.

17. Aiding or Abetting - Helping, procuring, or encouraging another person to engage in the violation of a Code A offense.

18. Violation of Disciplinary Probation - Violation of the student code of conduct while on disciplinary probation, or violation of the terms of one's probation.

B.Code B Offenses

1. Unauthorized Use of Property or Service - Unauthorized use of property or service or unauthorized possession of university property or the property of any other person, organization, or business.

2. Disturbing the Peace - Disturbing the peace and good order of the university and surrounding communities.

3. Failure to Comply - Conduct covered by this offense includes but is not limited to:

1. failure to comply with legitimate directives of university officials (including residence life staff), law enforcement or emergency personnel in the performance of their duties (e.g. failure to identify one's selfwhen so requested);
   
2. violation of the terms of a disciplinary reprimand.

4. Unauthorized Use of University Keys or Other Access Devices - Unauthorized use, distribution, duplication, or possession of any key or other access device issued for any university building, structure, room, or facility.

5. Misuse of Identification - Transferring, lending, borrowing, or altering university identification.

6. Possession or Use of Marijuana - Conduct covered by this offense includes but is not limited to:

1. possession of marijuana when such possession would constitute a minor misdemeanor;
   
2. use of marijuana;
   
3. possession of a device (drug paraphernalia) that has been used to ingest marijuana.

7. Unauthorized Use of Alcoholic Beverages - Violation of state law or university regulations in accordance with the use or sale of alcoholic beverages.(See Ohio University Policy and Procedure 24.001: Use/Sale of Alcoholic Beverages on Ohio University Property and in Fraternity/Sorority Housing Units).

Please see a letter from the Dean of Students: Expectations Regarding Alcohol

8. Violation of Rules Regarding Residence Halls and Dining Facilities - Violation of the Ohio University Housing Contract, Guide to Residential Living, or other published rules and regulations of university residence halls and dining facilities.

9. Aiding or Abetting- Helping, procuring, or encouraging another person to engage in a Code B offense.

Section 4: Sanctions

Students and student organizations of Ohio University accept the responsibility to abide by all Ohio University policies. Proven failure to meet these obligations will justify appropriate disciplinary sanctions. Disciplinary sanctions are defined as follows:

1. Reprimand is an official notification of unacceptable behavior and a violation of the student code of conduct. Any further misconduct may result in more serious disciplinary sanctions.
2. Disciplinary Probation is a conditional status imposed for a designated period of time. Further violation of the student code of conduct while on probation will be viewed not only as a violation based upon the act itself, but also as an A-18 (Violation of Disciplinary Probation) which may result in further action up to and including suspension or expulsion. Disciplinary probation may place specific restrictions on the student or student organization. These may vary with each case and may include restriction from participating in intercollegiate athletics, extracurricular and/or residence life activities.
3. Suspension is the loss of privileges of enrollment at Ohio University for a designated period of time and prohibits a student from being present without permission on the property of any campus of Ohio University. A student's suspension shall not exceed one calendar year following the effective date of the sanction.

A student organization's suspension is a temporary revocation of university recognition. A student organization suspension will not exceed five years. 

Suspension may be considered for A level offenses.

Frequently asked questions about suspension

4. Expulsion is the permanent loss of privileges of enrollment at Ohio University and prohibits a student from ever being present without permission on the property of any campus of Ohio University. Expulsion will be noted on the student's permanent record.

Expulsion may be considered for A level offenses.

The sanction of expulsion is the only judicial sanction reflected on a student's official academic transcript.

Section 5: Conditions of Sanction

As a component of a disciplinary sanction, hearing authorities may impose conditions that are educational in nature and reflect the nature and gravity of the offense. Conditions of a sanction may include, but are not limited to, educational seminars, reflective essays, restrictions on right of access to campus facilities and programs, restitution for damage, and room changes.

Section 6: Statement of Concern 

Hearing authorities may issue a statement of concern for alleged violations of the student code of conduct in lieu of filing a formal judicial referral. A student or student organization has the right to respond in writing to the statement of concern.Such statements will be placed in the disciplinary file and may be a basis for further disciplinary referrals.

When the actions of a student threaten the good order and discipline of the university, the president may interimly suspend the student, pursuant to Section 3345.24(B) of the Ohio Revised Code, pending a prompt hearing by a University Hearing Board. The president will also determine whether the interimly suspended student may or may not remain on university property pending the completion of the hearing process.  In the event the president is away from campus or otherwise unavailable, the provost (or vice president for finance and administration in the absence of the provost) may impose a presidential interim suspension consistent with the following procedure.

1. The vice president for student affairs initiates a presidential interim suspension by providing the president with information of: a) the events causing the threat to exist; b) the name of the student and actions allegedly violating university regulations; and c) a statement of the university regulations allegedly violated by the student.
   
2. If the president suspends a student, the director of University Judiciaries immediately notifies the student of the interim suspension and an upcoming procedural interview. The judicial process shall occur expeditiously in accordance with the Ohio University Student Code of Conduct Procedures.
   
3. If the final decision is to suspend or expel the student, the sanction takes effect from the date of the presidential interim suspension. If the decision is a reprimand or disciplinary probation, or if the charges are not proven, for purposes of the record, the interim suspension will be deemed not to have occurred. The student has the right to appeal the final decision in accordance with the Ohio University Student Code of Conduct Procedure Section 7: Appeals.

Pursuant to Section 3345.26 of the Ohio Revised Code:

1. The board of trustees or president of a college or university which receives any state funds in support thereof, may declare a state of emergency when there is clear and present danger of disruption of the orderly conduct of lawful activities at such college or university through riot, mob action, or other substantial disorder, and may do any one or more of the following, as are necessary to preserve order and discipline at such college or university during such emergency:

1. Limit access to university property and facilities by any person or persons;
2. Impose a curfew;
3. Restrict the right of assembly by groups of five or more persons;
4. Provide reasonable measures to enforce limitations of access, a curfew, and restrictions on the rights of assembly imposed pursuant to this section
2. Notice of action taken pursuant to division 1. of this section shall be posted or published in such manner as is reasonably calculated to reach all persons affected.
3. Division of 1.A and 1.B of this section shall not be construed to limit the authority of the board of trustees, president, or other proper official of a college or university to impose reasonable restrictions on use of and access to, and the hours of use and access to university property and facilities, for purposes of regulating the proper operation of such university, and regardless of whether any emergency exists.

Any member of the Ohio University community may propose amendments to the student code of conduct. Proposed amendments shall be reviewed by the Student Code of Conduct: Review and Standards Committee in a timely manner. Amendments approved by the committee will be submitted annually to the vice president for student affairs for consideration and recommendation to the president.  Any proposed change in code policy is subject to presidential approval and formal action by the board of trustees.