Student Code of Conduct-Procedure Section

• Section 1: Purpose
• Section 2: Judicial Referrals
  
• Section 3: Hearing Authorities
• Section 4: Rights and Options
• Section 5: The Procedural Interview
  
• Section 6: Hearing Procedures
  
• Section 7: Appeals
• Section 8: Conduct of Student Organizations
  
• Section 9: Statement on Emotional Stability Relating to Conduct
• Section 10: Official Withdrawl from the University
• Section 11: Reenrollment after Suspension
• Section 12: Release of Disciplinary Records
• Section 13: Student Code of Conduct: Review and Standards Committee
• Section 14: Amendments to the Student Code of Conduct Procedure
• Section 15: Ohio Revised Code Section 3333.38 (House Bill 95)
  

Section 4: Rights and Options
A. Rights of the Complainant
In filing a judicial referral against a student or student organization for an alleged violation of the Ohio University Student Code of Conduct, the complainant has the right to:

1. have a judicial referral handled in a forthright and timely manner;
2. be accompanied throughout the judicial process by another member of the university community (an Ohio University employee or student). This advisor may: a) advise and assist the complainant in the preparation of the case; b) accompany the complainant through all disciplinary proceedings; and c) speak on behalf of the complainant;
3. designate another member of the university community to present his or her case;
4. have unrelated behavior excluded from the judicial process;
5. submit an oral statement (during an open hearing) or written statement (during a closed hearing) about the impact of an offense to be considered in the determination of a disciplinary sanction.

B. Rights of the Accused
Throughout the university judicial process, a student or student organization accused of an alleged violation of the Ohio University Student Code of Conduct is provided the following rights and options:

1. a letter from the Student Code of Conduct: Review and Standards Committee explaining procedures, rights, and options open to the accused;
2. a copy of the referral containing a description of the alleged violation;
3. the opportunity to discuss the entire matter with a hearing authority at a Procedural Interview.
   

4. In the event of a disciplinary hearing, the accused has the right to:

a. speak or not speak during the hearing process. Choosing not to speak will not be inferred by the hearing authority that the accused is in violation of the charge;

b. question the complainant and all witnesses who testify against the accused at a hearing;

c. examine all written materials;

d. rebut any statements made or materials presented during a hearing;

e. present written or verbal statements by character witnesses before a sanction is imposed;

f. request the removal of any University Hearing Board member by showing written or verbal evidence of bias against the accused;

g. be accompanied by an advisor who must be a member of the University community (an Ohio University employee or student). This advisor may: 1) advise and assist the accused in the preparation of the case; 2) accompany the accused through all disciplinary proceedings; 3) speak on behalf of the accused; and 4) advise and assist the accused in the preparation of appeals;

h. be accompanied by an attorney in cases where criminal charges are pending or likely to be pending. The policy “Hearing Board Guidelines for Lawyers” is available from University Judiciaries;

i. file a written appeal to a University Appeal Board; and

j. file a written appeal to the Vice President for Student Affairs if a University Appeal Board denies the appeal.

Section 6: Hearing Procedures
The purpose of a hearing is to provide an equitable forum for the complainant and the accused to present their case regarding the alleged misconduct. The hearing authority will decide by the preponderance of evidence whether or not the charge is proven.

A. Standard of Proof
The standard of proof is preponderance of the evidence. Preponderance of the evidence is defined as the greater weight of the evidence; that is evidence that outweighs or overbalances the evidence opposed to it. A preponderance means evidence that is more probable or more persuasive. It is the quality of evidence that is weighed. Quality may or may not be identical with quantity. If the weight of the evidence is equally balanced, the complainant has not proven the charge. The burden for proving an alleged violation rests with the complainant.

B. Types of Hearings
1. Administrative Hearing
In cases where the accused denies a Code A or B offense and requests an administrative hearing, generally the hearing authority that conducted the procedural interview will conduct the administrative hearing. A date for an administrative hearing will be determined within a reasonable period of time after the procedural interview. If the accused fails to appear at a scheduled administrative hearing and the absence is not excused, the hearing may proceed in the accused’s absence or may be rescheduled.

2. University Hearing Board
In cases where the director; assistant director, or hearing officer of University Judiciaries has determined that the alleged Code A offense may warrant suspension or expulsion from the university, the accused may opt to have a University Hearing Board hear the case. A date for a University Hearing Board will be determined within a reasonable period of time after the procedural interview. If the accused fails to appear at a scheduled Hearing Board and the absence is not excused, the hearing may proceed in the accused’s absence or may be rescheduled. The hearing board advisor (either the director, assistant director, or hearing officer of University Judiciaries) may be present at each university hearing board hearing. The role of the hearing board advisor is to ensure that the student code of conduct procedures are followed. The hearing board advisor will answer procedural questions asked by the board, complainant, or accused. The hearing board advisor will also keep the proceedings focused on issues relevant to the specific allegations. The hearing board advisor will not participate in a determination of a finding or sanction. However, the board advisor may be summoned by a deliberating board to answer questions regarding the judicial process.

C. Guidelines for Hearings
1. Introduction
a. The hearing authority will explain the accused’s rights and options and assure that fairness and due process will be observed throughout the hearing.

b. Hearings are closed to the public unless specifically requested in writing to be open by the accused.

c. The accused or the complainant may ask for the removal of a hearing authority, prior to a hearing, by showing written or verbal evidence of bias.

i. In cases before a hearing board, the charge of bias is made to the chairperson who will determine whether it is valid. If bias is shown, the chairperson will excuse the hearing board member. If the charge of bias is against the chairperson, the hearing board advisor shall decide whether it is valid. If bias is found, the chairperson will be excused and the board advisor will appoint a remaining member of the board as chairperson or reschedule the hearing.

ii. In an administrative hearing, the charge of bias against the hearing authority can be made to the director of University Judiciaries prior to the hearing. The director will decide if the charge is valid. If bias is found, the director will assign a new hearing authority to conduct the hearing.

d. The hearing authority may exclude persons from the hearing if they are disruptive, or postpone the hearing because of disruptive behavior of participants or observers.


2. Case Presentation
a. Both the complainant and accused will be given the opportunity to make an opening statement highlighting the main points of their case.

b. The complainant will then present his or her side of the case followed by a presentation by the accused. Case presentations may include testimony, evidence, and witnesses.

c. Both sides will be questioned by the hearing authority and will have an opportunity to question one another and witnesses.

d. Following case presentations, the complainant and then the accused may summarize their case.

e. In a closed hearing, the complainant will be given the opportunity to submit a sealed, written statement of impact to be considered in the event the accused is found in violation of the offense and then will be excused from the hearing prior to deliberation.

3. Deliberation and Finding
a. The hearing authority will go into closed session to determine by the preponderance of evidence whether the accused will be found in violation of the code of conduct. Hearing boards determine findings by majority vote. In the case of a tie vote a new hearing will be scheduled by the director of University Judiciaries.

b. The hearing will re-convene for the announcement of the finding. If the accused is not found in violation, the case will be dismissed. If the accused is found in violation, the hearing will proceed to sanctioning.

4. Sanctioning
a. The accused will be offered an opportunity to speak on his or her behalf and to present character witnesses or written references for consideration in determining a sanction.

b. In an open hearing, the complainant will be given the opportunity to present an oral or written statement of impact. In a closed hearing, the sealed, written statement of impact will be read aloud by the hearing authority.

c. The hearing authority will consider the following in determining a sanction: a) statements and evidence presented at the hearing; b) seriousness of the violation; c) the complainant’s oral or written statement of impact; d) the accused’s character information; e) prior disciplinary record of the accused; and f) disciplinary precedent.

d. The hearing authority will go into closed session to determine a sanction.

e. The hearing will reconvene for the announcement of the sanction. In the case of a hearing board, the sanction is recommended to the Dean of Students who will make the final decision. While normally the board’s recommendation will be the sanction imposed, the Dean of Students may impose a different sanction for cause. In the event of a tie vote by a hearing board regarding the sanction to be imposed, all sanctions considered by the hearing board will be referred to the Dean of Students for final decision. The Dean of Students will send the student written notification of the decision.

5. Presenting a Case Using University Legal Counsel
In rare instances, the University may decide to formally present a judicial case using legal counsel. In such cases, the accused will be given adequate notice in order to seek legal counsel, if so desired. In these instances, the case will be heard by a university hearing board and the director of Legal Affairs (or designate) will serve as a non-voting member of the hearing board.

Section 7: Appeals
University Appeal Board
1. The accused has the right to file a written appeal to a University Appeal Board within three business days after the receipt of written notification* detailing the decision of the case. Upon reasonable request, the three business day deadline may be extended by the director of University Judiciaries.  Appeal Form

2. Appeals may be filed for the following reasons:

        a. inappropriate sanction;

        b. procedural defect in the original hearing; and/or

        c. new evidence.

3. An appeal board, meeting in closed session, within a reasonable period of time, will either grant or deny the appeal by a majority vote. If the appeal is granted, the sanction may be changed or a new hearing ordered.

a. In considering the change the appeal board will do so only in the clear abuse of discretion by the hearing authority.

b. In considering appeals based on a procedural defect, the board will order a new hearing only if the defect is found to be substantial enough to have changed the outcome of the hearing.

c. In considering appeals based on new evidence, the board will order a new hearing only if the new evidence is found to be substantial enough to change the outcome of the original hearing.

4. The person filing the appeal will be notified in writing of the decision by the director of University Judiciaries within a reasonable period of time.

*Written notification includes receipt of a copy of a completed case disposition form on the day of the procedural interview or hearing.  The student may be provided this form of notification in person by the hearing authority.

B. Vice Presidential Review
The accused may request the Vice President of Student Affairs of Ohio University to review an appeal board decision. An appeal to the vice president must be presented to the Office of the Vice President of Student Affairs in writing with all supporting documents within three business days after the receipt of written notification of the appeal board decision.  Vice Presidential Appeal Form

Requests for a vice presidential review may be filed for the following reasons:

1. inappropriate sanction
2. procedural defect in the original hearing; and/or
3. new evidence.

The  vice president may or may not elect to review a decision. The student or student organization requesting a review will be notified of the decision of the vice president within a reasonable period of time. In cases where the vice president of the university elects to review a decision, the vice president may change the sanction, order a new hearing, or uphold the decision of the appeal board.

1. In considering the change of sanction, the vice president will do so only in the clear abuse of discretion by the hearing authority.
2. In considering appeals based on procedural defect, the vice president may order a new hearing only if the defect is found to be substantial enough to have changed the outcome of the hearing.
3. In considering appeals based on new evidence, the vice president will order a new hearing only if the new evidence is found to be substantial enough to change the outcome of the hearing. The decision of the vice president to change a sanction is final. The result of a new hearing ordered by the vice president may be appealed as detailed in Section 7.

Section 8: Conduct of Student Organizations
When a report of misconduct against a student organization is filed with University Judiciaries, the director of University Judiciaries will consult with the director of Student Activities and the president of the Student Senate before determining whether the organization, an individual(s), or both will be charged with an alleged offense of the code of conduct.

When a report of misconduct against a social Greek organization is filed with University judiciaries, the director of University Judiciaries will consult with the assistant director of Student Activities, the president of Student Senate, and the chairperson of the Greek Life Committee before determining whether the organization, an individual(s), or both, will be charged with an alleged offense of the code of conduct.

Student organizations in violation of the Student Code of Conduct will be subject to the full range of disciplinary sanctions. A disciplinary sanction less than disciplinary expulsion may place specific restrictions and additional requirements on a student organization. These conditions will vary with each case and may include but are not limited to the restriction or suspension of the use of facilities and services of the university; the suspension of the privilege to sponsor fund-raising activities; the suspension of the privilege to recruit new members; the suspension of the parietal exemption; the suspension of participation in university activities; the loss of funds allocated by the university; and the restitution for damage. The sanction of disciplinary suspension for a student organization may be imposed for a period not to exceed five calendar years.

• You completed all recommendations by the mental health professional for education, counseling, and/or treatment; and
  
• You have sufficiently resolved the problem that led to your misconduct to function as a student at Ohio University.
  

Section 12: Release of Disciplinary Records
A. General Policy
Student disciplinary records are defined as educational records by the Family Educational Rights and Privacy Act (FERPA). As educational records, disciplinary records are not subject to release without written authorization by the student. However, under certain circumstances, FERPA and Ohio University’s Students Records Policy (Policy 12.020) permit the University to release disciplinary records without written authorization by the student. These circumstances include, without limitation, the following:

1. a parent or guardian may request access to a student’s disciplinary records if the parent or guardian claims the student as a dependent according to the IRS tax code;
2. victims of an alleged perpetrator of a crime of violence or a non-forcible sex offense may access the final results of the disciplinary proceeding conducted by the University with respect to that alleged crime or offense regardless of whether or not the University concludes that a violation was committed;
3. anyone may access the final results of a disciplinary proceeding in which a student is an alleged perpetrator of a crime of violence or non-forcible sex offense and, with respect to the allegation made against him or her, that student is found to have committed a violation of the Student Code of Conduct.

For purposes of this section, “final results” means the name of the student who committed the violation, the violation committed, and any sanction imposed by the University against the student. The university will not disclose the name of any other student, including a victim or witness, without the prior written consent of the other student. Student disciplinary records are retained on file by University Judiciaries for seven years past the date of the last incident.

B. Parental Notification
It has been a long standing goal of Ohio University to address the societal problem of alcohol and other drug abuse through education and enforcement. Therefore, as permitted by FERPA and Ohio University’s Student Records Policy, when a student, who is under the age of twenty-one and has less than 90 credit hours, is found responsible for a alcohol or other drug related offense, University Judiciaries will send written notice of the student’s substantiated alcohol or other drug offense to parents/guardians.

C. Notification of Academic Colleges
In accordance with the Family Educational Rights and Privacy Act (FERPA) and Ohio University’s Student Records Policy (Policy 12.020), which provides for the University to share student records with members of the faculty and staff having a legitimate educational interest, University Judiciaries will notify the academic college in which a student is enrolled when the student is found in violation of an offense of the student code of conduct. Informing academic colleges of students’ progress as community members assists the colleges in their work with students.

1. Developing appropriate communication materials to be used in notifying students who have allegedly violated the code of conduct, and;
2. Developing a Student Rights and Options Guide for students accused of violating the code of conduct. The committee will be appointed each year by the Faculty Senate and will include the following persons:

• Vice President for Student Affairs, or designee, chairperson;
• Director of Legal Affairs, or designee, advisor;
• Director of Judiciaries;
• Director of Residence Life, or designee;
• Paraprofessional Residence Life Staff Member (e.g., resident assistant; security aide);
• Chairperson of Students Defending Students, or designee;
• President of the Student Senate, or designee;
• President of the Graduate Student Senate, or designee;
  
• Two members of the University Hearing Board (one student and one faculty member);
• Representative of the Resident’s Action Council (other than a paraprofessional staff member);
• Off-campus student representative; and Greek organization representative.

1. a violation of Ohio Revised Code Section 2917.02 (aggravated riot) or Ohio Revised Code Section 2917.03 (riot),
2. a violation of Ohio Revised Code Section 2917.04 (failure to disperse) that is a misdemeanor of the fourth degree
3. a violation of Ohio Revised Code Section 2917.13 (misconduct at emergency) that is a misdemeanor of the fourth or first degree and occurs within the proximate area where four or more others are acting in a course of conduct in violation of Ohio Revised Code Section 2917.11 (disorderly conduct).

B. The student financial assistance programs supported by state funds includes any post-secondary student financial assistance supported by state funds, including assistance granted under Ohio Revised Code Sections:

3315.33     Ohio Scholarship Fund for Teacher Trainees

3333.12     Ohio Instructional Grant Program and Part-time Ohio Instructional Grant Program

3333.21     Ohio Academic Scholarship Program

3333.26     Tuition Waiver for Child or Spouse of Public Service Officer Killed in Line of Duty

3333.27     Student Choice Grant Program 3333.28 Nurse Education Assistance Program

3333.29     Student Workforce Development Grant Program

3333.372   Ohio Outstanding Scholarship and Ohio Priority Needs Fellowship

5910.03     Scholarship for Children of Deceased or Disabled Veterans of the Armed Services of the United States

5910.032   Children of Persons Declared Prisoner of War or Missing in Action

5919.34     National Guard Scholarship Program

C. The provisions of Ohio Revised Code Section 3333.38(B) and (C) are separate and distinct from Ohio University’s Student Code of Conduct and do not limit or affect the ability of Ohio University to suspend or otherwise discipline its students.