Ohio Administrative Code › Title 3357:10 - Marion Technical College › Chapter 3357:10-1 - Adoption of Policies; Policy on Ethics › Section 3357:10-1-15 - Freedom of expression and preventing harassment

Current through all regulations passed and filed through July 1, 2024
(A)
								Marion technical
			 college is committed to protecting the First Amendment right to free speech and
			 expression, and encourages individuals to engage in respectful and thoughtful
			 discourse to enrich learning experiences. As an institution, we know that when
			 people from different backgrounds come together and share their thoughts and
			 perspectives, our college and community can learn and grow.
(B)
								Marion technical
			 college supports an individual's right to free expression as protected by the
			 First Amendment of the United States Constitution and Article I of the Ohio
			 Constitution. However, the college's commitment to freedom of expression does
			 not condone harassment on college premises (owned, leased, or controlled), at
			 college-sponsored events, or in connection with a college recognized program or
			 activity. In accordance with section
			 3345.0211
			 of the Revised Code, harassment is defined as unwelcome conduct that is so
			 severe, pervasive, and objectively offensive that it effectively denies an
			 individual equal access to the individual's education program or
			 activity.
(C)
								Expression (either in-person, written, or by
			 telecommunication) must meet the definition of harassment under paragraph (B)
			 of this rule to be actionable, and must take place on college premises, at
			 college-sponsored events, or in connection with a college recognized program or
			 activity.
(D)
								Students may report allegations of freedom of
			 expression violations or harassment to the college via the student complaint
			 form on the college's website, in accordance with AP 440 - "Student
			 Complaints."
(E)
								Employees may report allegations of freedom of
			 expression violations or harassment to the human resources office and
			 president's office.
(F)
								This rule shall not be construed to impair any right or
			 activity, including expression or speech, protest, or assembly protected by the
			 First Amendment of the United States Constitution and Article I of the Ohio
			 Constitution.
(G)
								Marion technical college is empowered to restrict
			 expressive activities that the First Amendment of the United States
			 Constitution and Article I of the Ohio Constitution do not protect, and noting
			 in this rule shall be interpreted as preventing the college from doing so.
			 Additionally, this rule shall not restrict or impair the college's obligations
			 under federal law related to:
(1)
									Title IV of the Higher Education Act of
			 1965
(2)
									Title VI of the Civil Rights Act of
			 1964
(3)
									Title VII of the Civil Rights Act of
			 1964
(4)
									Title IX of the Education Amendments of
			 1972
(5)
									Section 504 of the Rehabilitation Act of
			 1973
(6)
									Title II of the Americans with Disabilities
			 Act
(7)
									Age Discrimination in Employment Act
(8)
									Age
			 Discrimination Act of 1975