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Policy Details

4 -02

University policy regarding administration of student conduct

(A)       Purpose.

(1)       The University board of trustees is responsible by law for regulating the use of the grounds, buildings, equipment and facilities of the university. The board of trustees is also responsible for assuring that the conduct of the students, staff, faculty and visitors to the campus permits the university to pursue its educational objectives and programs in an orderly manner.

(B)       Requirements.

(1)       To meet these responsibilities, the board of trustees shall adopt standards of conduct for the students, faculty, staff, and visitors to the campus and may provide for suspension from classes or employment, expulsion from the university, and/or ejection from university property of persons who violate such regulations.

(2)       The board of trustees shall provide for the administration and enforcement of its rules and may authorize the use of state university law enforcement officers and other university officials to assist in enforcing university policy and the law on the campus.

(C)      Scope.

(1)       In accordance with university policy, the president shall have the responsibility and authority for the discipline of all students. The authority to impose the formal sanctions specified in this rule may be delegated to university officials or hearing panels by the president. Disciplinary action under this rule may be taken against a person who has applied for admission as a student to the university, whether or not the individual is registered for classes. Disciplinary action may also be taken against student organizations. The president (or designee), on his/her own initiative, may review any case which comes within the purview of the University policy regarding administration of student conduct.

(a)       The code of student conduct shall apply to conduct occurring on university premises, at university sponsored activities, and to off-campus conduct that adversely affects the university community and/or the pursuit of its objectives.  Each student shall be responsible for his/her conduct from the time of application for admission through the actual awarding of a degree, even though conduct may occur before classes begin or after classes end, as well as during the academic year and during periods between terms of actual enrollment.  The code of student conduct shall apply to a student's conduct even if the student withdraws from the University while a disciplinary matter is pending. 

(D)      Procedural standards. The operational procedures for the administration of student conduct (this rule or rule 3342-4-02.101 of the Administrative Code) shall be readily accessible to all students and student organizations and shall adhere to the following procedural standards:.

(1)       The hearing panel or hearing officer shall conduct hearings in accordance with this student conduct policy.

(2)       Action. Formal disciplinary action shall be instituted against a student only after a designated university official has determined that such action, rather than medical or counseling, or mediation referral, is appropriate.

(3)       Notice. A student against whom a complaint has been made under this policy will be informed in writing at least seventy-two hours in advance, excluding weekends, of the complaint and the time, place, and circumstances of the hearing.

(4)       Separate hearings. In proceedings involving more than one accused student, separate hearings may be granted by the director of student conduct (or designee). Also, upon reasonable request submitted in writing, a delay in the hearing may be granted by the conduct officer, hearing panel chair, or hearing officer. In all cases, the proceedings may be delayed no more than two times, each for a period of no longer than five working days.

(5)       Due process rights. The student against whom a complaint has been made is entitled to know the nature and source of evidence; to question witnesses; to present evidence, including witnesses on the student's own behalf; and to be informed of appropriate sanctions and appeal routes. No counter-charges regarding the same incident shall be permitted to be filed pending final disposition of the original charge.

(6)       Conduct advisor. The student against whom a complaint has been made shall be offered the opportunity at the hearing to appear alone or with another person, who may serve in an advisory capacity. A person serving in an advisory capacity may not participate directly in the hearing or address the panel on behalf of the student unless, in the sole discretion of the hearing panel or hearing officer, there exists a communication difficulty sufficiently severe as to prevent a fair hearing.

(7)       Impartial hearing. Either of the principal parties appearing at a hearing may question a member of the hearing panel or hearing officer regarding that person's ability to participate fairly in the hearing. Questions should be directed to the director of student conduct, who will decide whether or not to remove himself/herself or dismiss a panel member. In the event that the chair rules against the student, the hearing will begin immediately.

(8)       Failure to appear. If a student fails to appear or refuses to waive his or her right to restrict disclosure of disciplinary information, the hearing will proceed. 

(9)       Standard of review. The hearing panel or hearing officer shall evaluate the points of view presented by the parties in conflict and shall determine by a preponderance of the evidence if it is more likely than not that the accused student engaged in behavior that is a violation of university rules. The consideration of information presented will be conducted in closed session.

(10)     A copy of the findings, including the procedures for appeal, shall be given to the accused student.

(E)       Offenses.

(1)       Behavior in violation of university policies or procedures. These policies shall be published in a manner reasonably designed to come to the attention of students.

(2)       Behavior in violation of the terms of sanctions imposed under the code of student conduct .

(3)       Behavior deemed detrimental or disruptive to the university community and/or prohibited by local, state, or federal laws.

(F)       Sanctions: Individuals.

(1)       Interim suspension. The president and/or designee may impose an interim suspension on any student arrested for violation of the Ohio Campus Disruption Act or who has committed an act which is in violation of paragraphs (E)(1), (E)(2) or (E)(3) of this rule, and when there is basis to believe the student would commit further acts of similar character. A student placed on interim suspension shall be given prompt notice of charges and an opportunity to appear for a hearing within a reasonable period of time after the imposition of the interim suspension.

(2)       Disciplinary probation. This sanction is one that places the student in serious jeopardy with the university. This sanction is invoked for a specified period of time. Notification of sanctions shall be made to appropriate university offices, including the student's academic college or school. Students on disciplinary probation:

(a)       Might not be permitted to participate in an official non-curricular capacity such as intercollegiate athletics, intramurals, fine arts activities, or as an officer of a student organization, etc.

(b)       Might be restricted from entering or remaining in selected campus buildings or in specified university facilities.

(c)       Might be subject to automatic dismissal or suspension if found responsible of any act of misconduct, including violation of the terms of the disciplinary probation.

(d)       Shall be assessed a cost of thirty dollars if found responsible of any alleged violation.

(3)       Disciplinary suspension. This sanction is one of involuntary separation of the student from the university for a period not to exceed twelve months from the date of sanction. Notification of sanctions shall be made to appropriate university offices, including the student's academic college or school. Students suspended:

(a)       Shall be assigned grades or marks which would be appropriate if they were withdrawing voluntarily.

(b)       May be required to leave the land and/or premises of the university effective the date of suspension. Permission may be granted by the vice president for enrollment management and student affairs for entrance to university premises for a specified purpose and time.

(c)       Shall receive any refund of money in accordance with the refund schedule in effect at the time of suspension if the suspension exceeds four weeks in duration.

(d)       Shall be assessed a cost of thirty dollars if found responsible of any alleged violation.

(4)       Disciplinary dismissal. This sanction is one of involuntary separation of the student from the university. Such separation shall be for not less than twelve months following the date of sanction. Notification of sanctions shall be made to appropriate university offices, including the student's academic college or school. Students dismissed:

(a)       Shall be assigned grades or marks which would be appropriate if they were withdrawing voluntarily.

(b)       Might be required to leave the land and/or premises of the university effective the date of dismissal. Permission may be granted by the vice president for enrollment management and student affairs for entrance of the student to university premises for a specified purpose and time.

(c)       Shall receive any refund of money in accordance with the refund schedule in effect at the time of dismissal.

(d)       Shall be reinstated only by the vice president for enrollment management and student affairs, who shall establish criteria for readmission.

(e)       Shall be assessed a cost of thirty dollars if found responsible of any alleged violation.

(5)       Additional sanctions. Additional sanctions are the prerogative of the hearing officer or panel. They may be mandated as part of the sanctions listed above and a student shall be assessed a cost of thirty dollars if found responsible of any alleged violation.  Some options for additional sanctions are as follows:

(a)       Counseling;

(b)       Room or hall changes;

(c)       Restitution for damages;

(d)       Educative/rehabilitative program referral.;

(e)       Monetary penalty (not to exceed $200).;

(f)        Letter of apology;

(g)       Warning;

                     (h)       No contact order;

(i)        Persona non grata status;

(j)        Campus access restrictions; 

(k)       Other as deemed appropriate through the disciplinary process.

(G)      Sanctions: Residence Halls.

(1)       Residence hall warning letter and behavioral contracts. These are not formal conduct sanctions; however, these constitute written notice to the student that his or her behavior is inappropriate to the community living situation and in violation of residence hall rules. Students receiving a residence hall warning letter:

(a)       Shall be given an opportunity for a discussion with the resident director regarding the rule infraction.

(b)       Shall be given the opportunity to work out arrangements with the resident director regarding the rule infraction.

(c)       Shall be told that the residence hall warning letter may be used by a hearing officer of board in the event that the student is found responsible of a subsequent conduct violation.

(d)       Might be formally counseled, referred to an educative or rehabilitative program or have a residence hall privilege revoked.

(e)       Similar subsequent offenses shall be referred to the formal conduct system.

(2)       Strict disciplinary probation. This sanction is one that may be placed on a student as a result of action taken under the Ohio Campus Disruption Act, section 3345.22 of the Revised Code. The terms of such probation shall be outlined by the referee appointed by the Ohio board of regents, and subsequent violations of such terms shall result in automatic suspension. Notification of such action shall be made to appropriate university offices, including the student's academic college or school.

(3)       Cancellation of residence hall contract. This sanction is one that is given to those in situations in which the department of residence services has determined that the students should not be allowed the privilege of living in university residence halls. Students receiving this sanction:

(a)       Shall be given an opportunity to discuss the situation with a designated residence services official;

(b)       Shall be advised of appropriate administrative appeal procedure;

(c)       Might not be allowed to enter any residence unit or cafeteria for a period not to exceed twenty-four months from the date of sanction;

(d)       Might be suspended or dismissed from the university;

(H)      Sanctions: For organizations registered with the university.

(1)       Disciplinary admonition. "Admonition" is a written statement of warning to the organization to take necessary corrective action to bring the organization into compliance with university policy. Organizations on disciplinary admonition:

(a)       Might lose selected privileges accorded registered groups;

(b)       Might lose privileges of entering selected campus facilities or meeting in specified university buildings;

(c)       Shall make restitution (reimbursement for damage to, destruction of, or misappropriation of university property or property of any other person on university premises);

(d)       Shall receive such additional sanctions as are consistent with the nature of the offense, the organization's own objectives, and the goals and mission of the university. This may be assessed against the group and/or against individuals who constitute the group's membership;

(e)       Might be subject to either disciplinary probation or disciplinary dismissal if involved in any subsequent act of misconduct including violation of the terms of the admonition.

(2)       Disciplinary probation. This sanction is one that places the organization in severe jeopardy with regard to its continued existence on the premises of the university. Organizations on disciplinary probation:

(a)       Shall receive temporary suspension of charter and/or registration status;

(b)       Shall lose selected privileges accorded registered groups;

(c)       Might lose privileges of entering selected campus facilities or meeting in specified university buildings;

(d)       Shall make restitution (reimbursement for damage to, destruction of or misappropriation of university property or property of any person on university premises);

(e)       Shall receive such additional sanctions as are consistent with the nature of the offense, the organization's own objectives, and the goals and mission of the university;

(f)        Might be subject to disciplinary dismissal if involved in any subsequent act of misconduct, including violations of the terms of this probation. 

(3)       Disciplinary dismissal. This sanction is one that causes the organization to cease all activity on the property of or in facilities of the university. This sanction shall be for not less than one calendar year following the effective date. Organizations on disciplinary dismissal:

(a)       Shall receive suspension of charter and/or registration status;

(b)       Shall make restitution (reimbursement for damage to, destruction of or misappropriation of university property or property of any person on university premises). This may be assessed against the group and/or against individuals who constitute the group's membership;

(c)       Shall receive such additional sanctions as are consistent with the nature of the offense, and the goals and mission of the university;

(d)       Shall be reinstated only by the vice president for enrollment management and student affairs, who shall establish appropriate criteria for readmission.

(4)       Additional sanctions are the prerogative of the hearing panel or officers. They may be mandated as a part of the disciplinary sanctions listed above. Examples might include loss of funding or performing appropriate service projects.

(5)       Nothing in the organization sanctions listed above precludes individual members or organizations from being responsible for their own acts in violation of university policy.

(I)        Limitations on sanctions.

(1)       The sanctions outlined in paragraphs (F), (G), and (H) of this rule may be imposed on a student organization by or in the name of the university only as stipulated by the code of student conduct. Sanctions shall be commensurate with the seriousness of the violations. Subsequent violations may result in dismissal or suspension from the university.

(2)       Decisions and associated sanctions take effect immediately.  

(3)       Sanctions of disciplinary suspension or dismissal may be instituted only in the following cases:

(a)       Academic dishonesty;

(b)       Falsification of university documents;

(c)       Offenses against people or property, or the possession of items (including but not limited to weapons, firearms, fireworks, etc.) that could be used in offenses against people or property;

(d)       Disruptions of university process; (including numerous and/or repeat violations);

(e)       Possession or use of marijuana, or any narcotic, hallucinogenic, or other drug except as provided by law;

(f)        Trafficking in drugs, specifically, no person shall knowingly sell, offer to sell, prepare for shipment, transport, distribute, cultivate, offer money or other items of value to obtain controlled substances as comprehensively defined in section 2925.03 of the Revised Code;

(g)       Offenses considered felonies under local, state, or federal law;

(h)       Violations of a previously imposed sanction.

(J)       The sanctions described above and in the procedures established by this rule are not intended to limit or otherwise apply to those steps which may be taken by an individual instructor in the exercise of his or her professional obligations. The sanctions do, however, apply to any disciplinary action sought by an instructor beyond those for which an instructor is professionally responsible; for example, dismissal or suspension or any other action which would affect the status of a student in the general university community.

(K)       Appeals.

(1)       Students and student organizations may appeal the decisions of the hearing panel or officers to the appeal panel which will provide a recommendation to the vice president for enrollment management and student affairs. The vice president for enrollment management and student affairs will make the final decision.  No additional appeal will be heard.

(2)       Appeals are limited to the following reasons:

(a)       The decision is not in accordance with the facts presented;

(b)       The decision was reached through a procedure not in accordance with the code of student conduct;

(c)       New information is available which may suggest modification of the decision;

(d)       To determine whether the sanction(s) imposed were appropriate for the conduct violation which the student was found to have committed;

(3)       An appeal must be in writing, must state clearly the rationale for the appeal and must be submitted within seven calendar days of the date of the decision;.

(L)       Hearing panel.  University hearing panels shall be established, the number to be determined by the designated university conduct officer.

(1)       Hearing panels shall be composed of an odd number of hearing officers containing at least one current Kent state university student and one Kent state university faculty or staff.

(a)       Student members shall be appointed by their respective student government;

(b)       Faculty members shall be appointed by the faculty senate and staff members shall be appointed by the vice president for enrollment management and student affairs.

(c)       All decisions of the board shall require a majority vote of the members present.

(M)      Hearing officers. The vice president for enrollment management and student affairs will appoint several hearing officers for one year terms. The vice president for enrollment management and student affairs may appoint additional hearing officers when necessary.

(N)      Responsibility for administration of this policy. The primary responsibility for the supervision of student conduct at the university has been delegated to the vice president for enrollment management and student affairs. The vice president for enrollment management and student affairs may establish such administrative procedures as are necessary to fulfill the intent of the code of student conduct. These administrative procedures shall be in writing and published in conjunction with the code of student conduct.

(O)      Revisions.

(1)       Updates and other changes to the code of student conduct shall be submitted to the vice president for enrollment management and student affairs.  The vice president for enrollment management and student affairs retains the authority to immediately enact and enforce changes to the code of student conduct.

 

Effective: October 1, 2012  

Prior Effective Dates: 11/4/1977, 9/11/1979, 1/25/1980, 8/7/1985, 8/30/1985, 10/2/1986, 10/16/1988, 2/24/1992, 10/14/1992, 9/17/1993, 10/28/1994, 5/8/1995, 1/25/1996, 2/14/1997, 9/26/2005, 6/1/2007, 08/07/2007, 10/14/2010  

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