Chapter 12: Conduct and Discipline

12.01 Definitions
  1. In this chapter, “committee” shall refer to the Committee of Conduct and Discipline, unless otherwise stated.
  2. “Defendant” shall refer to the person against whom a complaint is filed.
  3. “Witness” shall refer to a person with information to confirm or deny a complaint against the defendant.

12.02 Standing
  1. A written formal complaint, in accordance with 12.04(a), may be filed against any voting or non- voting member.
  2. Any voting member has the standing to write a formal complaint against another voting member or the President.
  3. Any graduate student may file a formal complaint against any member of Graduate Student Senate, as long as the committee has confirmed their standing as a graduate student.

12.03 Infractions
  1. Complaints must fall under one of the following categories:
    1. Violation of the Graduate Student Senate’s R&P.
    2. Gross or willful neglect of duty.
    3. Conduct unbecoming of a Senate member including but not limited to willful violation of decorum, deadnaming, misuse of pronouns, and derogatory language
    4. Violation of a university policy.
    5. Violation of a contract (see 11.08(e)).

12.04 Written Formal Complaints
  1. To be considered by the committee, a written formal complaint must have the following:
    1. The name and position of the defendant.
    2. The type of complaint against the defendant.
    3. Detailed reasoning for the complaint.
    4. A list of any witnesses.
    5. Details of any evidence.
    6. The name and contact information of the person filing the complaint.
  2. If the written formal complaint is missing any requirements of 12.04(a), then the Chair of the committee shall request more information.
  3. The written formal complaint must be in a sealed envelope and delivered to the Vice President. The formal complaint is not to be opened until the Vice President opens the letter during the first committee hearing.

12.05 Committee Procedure
  1. Upon receiving the formal complaint, the Vice President has five business days to convene the committee for the first hearing.
  2. There shall be three hearings, which must not take more than ten business days, in order to discuss the complaint.
  3. The first hearing must have a quorum of committee members and discuss the following topics:
    1. The formal complaint (which must be read aloud during the first hearing).
    2. The meeting and hearing schedule for the next two weeks.
  4. The second hearing may last over multiple days and must cover:
    1. Any evidence and witness interviews necessary to complete the investigation.
    2. The defendant must be able to defend themselves during this.
  5. The third and final hearing must discuss the following:
    1. A simple majority vote on whether the defendant is guilty beyond reasonable doubt.
    2. If a guilty verdict is found, then a sanction resolution must be completed and put on the agenda for the next general body meeting.

12.06 The Sanction Resolution
  1. The sanction resolution must be placed on the agenda for the next Graduate Student Senate meeting regardless of any constricting agenda requirements.
  2. The resolution must be distributed to the Advisor of Graduate Student Senate, the media outlets, and any other University officials, as necessary.

12.07 General Body Procedure
  1. In order to consider the Sanction Resolution, the general body must follow 9.13.
  2. The committee must provide all the evidence and reasoning for the Sanction Resolution. This process shall take no longer than twenty minutes, unless a move for additional time is made.
  3. Any voting member may ask questions of the committee members. This process shall take ten minutes, unless a move for additional time is made.
  4. Any voting member may suggest an amendment to lower the sanction’s severity. Debate is allowed for amendments in accordance with 10.06(b).
  5. The Presiding Officer must call for a vote after all discussion is finished or time has expired.
  6. The Sanction Resolution will pass with two-thirds of the vote.
  7. The vote is final and the sanction must take full effect at noon the following day.

12.08 Sanctions
  1. Sanction Resolutions may include one or more of the following sanctions:
    1. Suspension from GSS.
    2. Removal from committee membership.
    3. Removal from GSS.
    4. Referral to Ohio University’s Office of Community Standards.

12.09 Recusals
  1. The defendant, the petitioner, or a witness must recuse themselves from the committee process if they occupy any of the following positions:
    1. The Vice President.
    2. A member of the committee.
  2. The petitioner may be present and vote during the executive session but may not participate in the discussion except for their vote.
  3. Any witnesses may be present and vote during the executive session. They may ask questions and vote.
  4. The defendant shall recuse themselves from the entire process, except for their interview during the committee process.