Ohio University

03.005: DRAFT: Implementing H. B. 1219

Status:

Draft

Initiated by:

John Biancamano | General Counsel

Endorsed by:

Pam Benoit | Executive Vice President and Provost

Approved by:

Roderick J. McDavis | President

Signatures and dates on archival copy


Editorial Note:   This policy is being revised. In accordance with Policy 01.001, draft versions that are circulated for review, their cover memos, their forms, and the Reviewers' comments on them are all available online here

The currently approved version is online at http://www.ohio.edu/policy/03-005

In this draft:

  • Black text is taken verbatim from the current version, or has been accepted by the then-current Initiator at some time since then.

     

  • The red highlighting, if any, is not for emphasis, it just marks tentative changes from the current version (or a prior draft accepted by the Initiator) -- changes that may not have been accepted by the Initiator.

This draft has been formatted to meet the specifications required to conform to Senate Bill 3, as discussed on the Resources page.

 
  1. Overview

    This policy statement describes the procedures by which Ohio University will comply with H.B. 1219.

    Ohio University will comply with H.B. 1219, when responding to offenses of violence, whether committed on-campus at any time, or committed off-campus during a declared emergency.

  2. Arrest

    If any student, faculty member, staff member, or employee of Ohio University is arrested and charged with an offense in division (D) of Section 3345.23 of the Ohio Revised Code, the arresting authority, with the cooperation of university(1) officials, will notify the President of the university.

  3. Notification of state officials

    The President shall then notify the Chancellor of the Ohio Board of Regents of the arrest,(2) and notify the appropriate civil service official if the employee arrested is a member of the classified civil service.(3)

  4. Initial hearing

    Each student, faculty member, staff member, or employee arrested shall be afforded a hearing in Athens County within five days of their arrest before a referee appointed by the Board of Regents, subject to reasonable continuances for good cause of up to ten additional days, in order to determine whether the person arrested and charged shall be immediately suspended from Ohio University or be placed upon strict disciplinary probation.(4) The university will initiate the following procedures to aid in this determination:

    1. Upon request of the Board of Regents or the referee, the university shall assist the referee in providing notice to the person arrested of his or her hearing.(5)

    2. Upon request by the Board of Regents or the referee, the university shall assist in locating adequate off-campus facilities for the hearing.

    3. The Office of Legal Affairs shall have the responsibility of insuring the adversary nature of the hearing by performing a prosecutorial function, including requesting subpoenas, presenting witnesses, introducing and presenting evidence, and recommending whether the person charged should be immediately suspended from the university or be placed upon strict disciplinary probation.(6)

  5. Hearing outcome

    The university shall have the following responsibilities after the hearing:

    1. The Office of Legal Affairs shall provide written notice by certified mail to any student, faculty member, staff member, or employee of Ohio University of his or her immediate suspension or strict disciplinary probation after his or her hearing before the referee;(7) and, if suspended, an order not to enter upon university property without express permission from the Board of Trustees or the President (8)

    2. Upon official notice by the referee, disciplinary records shall be maintained on any student, faculty member, staff member, or employee immediately suspended from Ohio University or placed upon strict disciplinary probation. When it is determined by a probation officer, the Ohio University Police Department, or the university administration, that evidence exists which would in all probability justify a finding that the individual on probation had violated the terms thereof, and the Office of Legal Affairs has been advised thereof and upon review concurs, then the Office of Legal Affairs will notify the President, who shall then notify the Chancellor of the Board of Regents and request that a hearing be conducted to determine the question of probation violation.(9)

  6. Conviction

    Upon completion of any trial of any student, faculty member, staff member, or employee charged with an offense in division (D) of Section 3345.23 of the Revised Code, the university shall have the following responsibilities:

    1. Upon official notification to the university by the trial court of the conviction of a student, faculty member, staff member, or employee of Ohio University for one of the above offenses, the President shall notify the person of his or her dismissal for one year in writing by certified mail sent to the address recorded on the university and court records.(l0)

    2. The Office of Legal Affairs shall maintain disciplinary records as to any student, faculty member, staff member, or employee dismissed for one year as a result of his or her conviction of one of the offenses covered ip division (D) of Section 3345.23 of the Revised Code.(11) The Office of Legal Affairs will also inform all other state-assisted colleges and universities of persons dismissed from Ohio University. If any student, faculty member, staff member, or employee applies to Ohio University for admission, re-admission, employment, or re-employment after the one-year period of dismissal, the Office of Legal Affairs, after consultation with the Admissions Office or the appropriate university officials, shall inform the President of the person's application. The President shall request from the Board of Trustees a decision accepting or rejecting the application.(12)

  7. Acquittal

    If any final judicial determination results in acquittal, or if the immediate suspension or conviction is reversed upon appeal, the student, faculty member, staff member, or employee shall be reinstated to Ohio University. The Office of Legal Affairs shall thereupon expunge the person's disciplinary records relating to immediate suspension, strict disciplinary probation, or dismissal.(13)

Reviewers

Proposed revisions of this policy should be reviewed by:

  1. Vice President for Finance and Administration

  2. Chief of Ohio University Police Department

  3. Faculty Senate

  4. Administrative Senate

  5. Classified Senate

  6. Student Senate

  7. Graduate Student Senate