Ohio Administrative Code › Title 3337 - Ohio University › Chapter 3337-4 - Policies › Section 3337-4-09 - General policies affecting students

Current through all regulations passed and filed through July 1, 2024
(A) Your first amendment rights and community
			 responsibilities. The most effective and responsible way to air one's views on
			 university matters, or to seek change within the university or community, is
			 through student and university governing bodies, established campus media, and
			 recognized groups. Students can seek out Athens city and county officials and
			 governing bodies. Each of these bodies is subject to petition, and ordinarily
			 have open meetings for discussion of public issues. So, also, administrative
			 officials of the university and town are receptive to private and public
			 complaints and proposals respectfully made. A university ombudsman is available
			 to work on all problems involving university policies. All members of the
			 community need to realize that certain types of large gatherings in the street
			 and especially on the college green have in the past gotten out of control and
			 can do so again. Controlling a large crowd is difficult, especially when
			 persons who are on the sidelines are provoked into joining. It is important to
			 remember the consequences of crowd assemblies and to anticipate the effects of
			 acts which may be unacceptable or illegal in the community. Persons present at
			 any public display which violates university policy can be
			  deemed, participants. At a time when
			 protests or demonstrations become disruptive of any university process,
			 bystanders will be expected to leave and will be subject to disciplinary
			 measures and/or arrest if they do not. Any official curfew or restriction of
			 access to any area announced by lawful town or university officials will be
			 strictly enforced, and those who are moving about at times after these curfews
			 or restrictions are made may be arrested. Violations of laws and university
			 regulations will be met with disciplinary action, arrest, and/or removal from
			 the university. Those who ""fail to comply with the orders of law enforcement
			 officers and officials of the university acting in performance of their duties
			 will be liable for university or civil prosecution. This duty to comply
			 includes presenting proper identification on request or leaving buildings or
			 areas when such officers deem it necessary in order to -protect the health,
			 welfare, or safety of the university or members of the community. When students
			 wish to organize a parade or demonstration, those arranging it should consult
			 the university security office and city officials to ascertain whether or not
			 their plans fall within legal limitations. They should also consult with the
			 coordinator of student life programs on specific arrangements for use of any
			 area or facility. These consultations should take place at least twenty-four
			 hours before the event. Organizers shall see that every effort is made to
			 assure that the event takes place in an orderly way, which will not interfere
			 with the rights and privileges of others or with the orderly conduct of
			 university affairs. The free flow of traffic, both pedestrian and vehicular,
			 must be maintained at all times. No gathering will be allowed to take on the
			 character of a riot. Should escalation in a protest or demonstration will be
			 held responsible to university authorities. It cannot, be-overemphasized that
			 the reputation of integrity of Ohio university can only be maintained through a
			 climate of free inquiry. The university strongly supports the basic rights of
			 all citizens to free assembly, speech and petition. Responsible exercise of
			 these freedoms is incumbent on all members of the Ohio university community.
			 Questions on first amendment rights should be referred to the director of
			 university judiciaries.
(B)
			 Administrative search and seizure policy. Ohio university, as a state
			 institution of higher education, recognizes that there must be a balance drawn
			 between its right to maintain an ordered educational environment and its
			 students' constitutional right to privacy. In regard to its residence halls,
			 Ohio university draws the balance through the use of an administrative search
			 warrant policy. This policy is designed to maintain an ordered educational
			 environment while protecting a student's right to privacy in his or her
			 residence hall; and falls within the constitutional limits placed upon state
			 action under the fourth and fourteenth amendments. The policy is further
			 designed to reflect the principle of due process and fairness found in the
			 constitution and criminal law; it complements the university's health and
			 safety searches provided for in the residence hall contract, it complements
			 searches authorized by a student's consent, and it reflects the university's
			 concern for protection of the rights of all members of the academic community.
			 To implement this policy, the following procedure will be complied with:
(1) All residence hall room searches, except
			 those conducted by the university security police with a legally obtained
			 search warrant, must be approved by the director of residence life or his or
			 her designee.
(2) A room may be
			 searched only if there is reasonable cause to believe that the student is using
			 his or her room for a purpose in violation of federal, state, and local laws,
			 or university regulations, "reasonable cause" being defined as facts and
			 circumstances sufficiently strong to warrant a reasonable person to believe
			 beyond mere suspicion that the room is being used for such a purpose.
(3) All room searches, other than those
			 performed by university security police, will be carried out by the residence
			 life staff. When the residence life staff feel such "reasonable cause" exists
			 they will complete a search authorization form, specifying the applicant, date,
			 room to be searched, occupant facts and circumstances constituting "reasonable
			 cause," material to be seized, and names of two residence life staff members
			 who will conduct the search. This authorization form will then be presented to
			 the director of residence life or his or her designate for approval.
(4) If the director of residence life or his
			 or her designate feels such "reasonable cause" does exist he or she will
			 authorize in writing or by telephone an administrative search warrant form,
			 specifying the room to be searched, its occupants, the material to be seized,
			 and the residence life staff members authorized to conduct the search. This
			 form will be given in duplicate to the residence life staff members authorized
			 to conduct the search. If at any time, in the judgment of the residence life
			 staff, the circumstances based upon the above statement of "reasonable cause"
			 warrant immediate entry to the student's room, the green coordinator may
			 approve the search warrant. After such an occurrence, the coordinator should
			 contact the director of residence life, or his or her designate, as soon as
			 possible. Such circumstances should be included in writing in the report filed
			 in the office of residence life.
(5) In conducting a search the residence life
			 staff members will attempt to have the occupant(s) of the room present. If
			 present, the occupant(s) should be:
(a) given
			 the reason for the search and material to be seized;
(b) presented a copy of the administrative
			 search warrant; and
(c) informed
			 that any material found may be used in a university judicial hearing, in a
			 court of law or both. If the occupant(s) is not present, the search may be
			 conducted with presentation of the administrative search warrant
			 later.
(6) Should the
			 search for specified material uncover other material indicating illegal
			 activity or violation of university regulations it should also be
			 seized.
(7) When the search is
			 completed the residence life staff should complete a search inventory form,
			 specifying the room search, name of occupants, residence life staff members
			 authorized to search, and detailed explanation of material seized and
			 ownership. This form should be forwarded to the director of residence life and
			 all material confiscated secured by the residence life staff member authorized
			 to search pending criminal prosecution and/or university judicial
			 action.