Ohio Administrative Code › Title 3364 - University of Toledo › Chapter 3364-30 - Social Events; Housing; Aid; and Mandatory Tuberculosis Screening › Section 3364-30-04 - The university student code of conduct

Current through all regulations passed and filed through July 1, 2024
(A) Policy statement
The university of Toledo (university) is focused on the overall
				growth and development of its students in preparation for them to become global
				citizens. The office of student conduct and community standards (OSC&CS)
				is dedicated to educating the
				university about appropriate behavior and fostering a safe environment where
				academic and personal success can occur. We seek to develop students into
				accountable leaders both on and off campus by challenging them to engage in
				rational and ethical decision making.
The university in promulgating the student code of conduct, as
				required by section
				3345.21
				of the Revised Code, and as set forth in this policy, takes into consideration
				the rights and responsibilities of the individual student(s), student groups,
				or student organizations, concurrently with university and community rights and
				responsibilities.
(B)
			 Purpose of the policy
The student code of conduct articulates the university's
				expectations of behavior for students, student groups, and student
				organizations and the potential outcomes to be imposed for inappropriate
				conduct. This policy explains the university's requirements for notice, and the
				student, student groups, and student organizations opportunity to be heard with
				regard to alleged violation(s) of the student code of conduct. The student code
				of conduct is not intended to be exhaustive in terms of defining all acts of
				misconduct. The student code of conduct specifies the rights and
				responsibilities of students, student groups, student organizations, the
				university, and the rights of other parties going through the student conduct
				process.
Students, student groups, and student organizations are
				expected to engage in conduct that represents the mission, vision, and values
				of the university.
Sanctions implemented through the student conduct process are
				designed to provide students, student groups, and student organizations with
				the opportunity to accept responsibility, provide accountability, reflect on
				their choices, challenge their decisionmaking processes, and assist them in
				changing their behavior to better align with the university's expectations.
				Being a member of the university community is a privilege. Actions by students,
				student groups, or student organizations that interfere with the welfare and/or
				safety of the university community are not acceptable and will not be
				tolerated.
(C) Definitions
(1) Appellate officer: university official(s)
			 authorized to review and determine an appeal from the respondent and
			 complainant (if applicable).
(2)
			 Director of student conduct and community standards (or designee): the person
			 designated by the vice president of student affairs for daily operation of the
			 student conduct process.
(3)
			 Business days: Monday through Friday, excluding Saturday, Sunday, recognized
			 university holidays, and approved university breaks.
(4) Complainant: person, student, student
			 group, student organization who was subject to alleged misconduct as described
			 in the student code of conduct. There may be more than one complainant for an
			 incident.
(5) Consent: is knowing,
			 and voluntary, and clear permission by word or action to engage in sexual
			 activity.
Individuals may experience the same interaction in different
				ways. Therefore, it is the responsibility of each party to determine that the
				other has consented before engaging in the activity.
Consent requires unambiguous communication and mutual agreement
				concerning the act in which the participants are engaging throughout the
				entirety of the interaction.
For consent to be valid, there must be a clear expression in
				words or actions that the other individual consented to that specific sexual
				conduct. Reasonable reciprocation can be implied. For example, if someone
				kisses you, you can kiss them back (if you want to) without the need to
				explicitly obtain their consent to being kissed back.
Consent can also be withdrawn once given, as long as the
				withdrawal is reasonably and clearly communicated. If consent is withdrawn,
				that sexual activity should cease immediately.
Consent to some sexual contact (such as kissing or fondling)
				cannot be presumed to be consent for other sexual activity (such as
				intercourse). A current or previous intimate relationship is not sufficient to
				constitute consent.
Proof of consent or non-consent is not a burden placed on
				either party involved in an incident. Instead, the burden remains on the
				university to determine whether its policy has been violated. The existence of
				consent is based on the totality of the circumstances evaluated from the
				perspective of a reasonable person in the same or similar circumstances,
				including the context in which the alleged incident occurred and any similar,
				previous patterns that may be evidenced.
A person cannot consent if they are unable to understand the
				fact, nature, or extent of the sexual situation or are disoriented, helpless,
				asleep, or unconscious, for any reason, including by alcohol or other drugs. As
				stated above, a respondent violates this policy if they engage in sexual
				activity with someone who is incapable of giving consent.
A person cannot give consent if force, expressed or implied is
				used; or if, duress; intimidation; threats; or deception are used on the
				complainant. Silence or the absence of resistance does not imply consent.
				Whether an individual has taken advantage of a position of influence or
				authority over the complainant may be a factor in determining consent.
Consent in relationships must also be considered in context.
				When parties consent to "BDSM1" or other forms of
				kink, non-consent may be shown by the use of a safe word. Resistance, force,
				violence, or even saying "no" may be part of the kink and thus consensual.
				Therefore, the university of Toledo's evaluation of communication in kink
				situations should be guided by reasonableness, rather than strict adherence to
				policy that assumes non-kink relationships as a default.
Minors under the age of sixteen are incapable of giving consent
				under Ohio law under any circumstance.
(6) Disciplinary hold: an administrative hold
			 placed on a student's account by a member of the office of student conduct and
			 community standards that prevents the student from registering/unregistering
			 from classes and receiving a transcript.
(7) Incapacitation: occurs where a person is
			 unable to give consent, such as due to the use of drugs or alcohol or a
			 cognitive impairment. In considering whether a complainant is incapacitated due
			 to the consumption of drugs or alcohol, the university will consider the
			 circumstances, including factors such as whether there is evidence of slurred
			 speech, vomiting, stumbling or the inability to walk, or periods of "blacking
			 out." The presence of one of these factors, standing alone, may not be
			 sufficient to establish incapacitation; the totality of the circumstances must
			 be examined.
(8) Investigator:
			 university official(s) gathering information for a hearing authority to
			 determine whether a violation(s) of the student code of conduct has
			 occurred.
(9) Policy: any written
			 rule or regulation of the university as found in, but not limited to, the
			 student code of conduct, residence hall living guide, student organization
			 manual, the university policy website, and graduate/undergraduate
			 catalogues.
(10) Possession:
			 includes, but is not limited to, holding, no matter the duration, any
			 prohibited item wherever located.
(11) Preponderance of the evidence: standard
			 of review for alleged violation(s) of the student code of conduct. This
			 standard requires that the information utilized shows that it is more likely
			 than not that the alleged violation(s) or behavior(s) occurred.
(12) Reasonable: an objective standard for
			 evaluating appropriateness; having sound judgement; rational or sensible; not
			 extreme or excessive.
(13)
			 Respondent: any student, student group, or student organization alleged to have
			 committed a violation of the student code of conduct. In cases of student
			 groups or student organizations, the president of the student group/student
			 organization (or a like position) will represent the student group/student
			 organization in the student conduct process.
(14) University conduct board/sexual
			 misconduct board: person(s) authorized by the office of student conduct and
			 community standards to determine whether a student, student group, or student
			 organization is responsible for violating the student code of conduct and
			 recommending appropriate sanction(s) when a violation has occurred. The
			 director of student conduct and community standards (or designee) will select a
			 board member to chair the hearing.
(15) Student: all persons who have been
			 notified of their acceptance, expressed intent to, and/or have registered for
			 classes, or otherwise entered into any other contractual relationship with the
			 university to take instruction. This includes but is not limited to all
			 individuals taking classes in person or through distance learning, pursuing
			 undergraduate or graduate degrees, or who reside in university-owned housing or
			 who live off-campus, and who are not enrolled for the current term, but have a
			 continuing relationship with the university. Student status ceases when an
			 individual graduates, is not enrolled for two consecutive semesters, or an
			 individual who is suspended, dismissed, or expelled for any reason.
(16) Student group: a number of persons who
			 are associated with the university and each other, but who have not registered,
			 or are not required to register, as a student organization (including, but not
			 limited to athletic teams and clubs not registered as student
			 organizations).
(17) Student
			 organization: a number of persons who have registered with the university as a
			 student organization, (including, but not limited to clubs, fraternities, and
			 sororities).
(18) Title IX
			 coordinator: at least one official designated by the university of Toledo to
			 ensure compliance with Title IX and the university of Toledo's Title IX
			 program. References to the Title IX coordinator throughout this policy may also
			 encompass a designee of the Title IX coordinator for specific tasks.
"Name: Vicky Kulicke
Title IX coordinator
office of Title IX and compliance
location/address: 1905 N. Towerview Boulevard
Toledo, OH 43606-3390
1120 Snyder Memorial
(419) 530-4191
email: titleix@utoledo.edu
web:
https://www.utoledo.edu/title-ix/
"
(19) University community: includes the
			 university, any person who is a student, staff member, faculty member,
			 employee, volunteer, patient, guest, invitee, or other person associated with
			 the university.
(20) University
			 official: any person employed by the university, on a fulltime, part-time, or
			 temporary basis, performing assigned administrative or professional
			 responsibilities.
(21) University
			 premise: includes all land, buildings, facilities, and other property in the
			 possession of, or owned, leased, used, supervised, or controlled by the
			 university.
(22) Use: includes, but
			 is not limited to facilities, drinking, ingesting, or introducing any amount of
			 substance into one's body.
(23)
			 Witness: any person requested to participate in an investigation or a hearing
			 due to information they may have about an incident of alleged misconduct. The
			 complainant, respondent, and others may provide the university with witness
			 names.
(24) Written notification:
			 all correspondence will be sent to the student, student group, or student
			 organization's assigned university email address. Should an individual not have
			 a university email address, agreement will be made as to the best source of
			 contact (other e-mail address provided in writing to the investigator and/or
			 hearing authority).