Ohio Administrative Code › Title 3364 - University of Toledo › Chapter 3364-30 - Social Events; Housing; Aid; and Mandatory Tuberculosis Screening › Section 3364-30-07 - The university of Toledo code of student group/organization 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) aims to educate students on the impact of their student
				group/organization choices, social choices, and behavior have on the community,
				and to assist them with making future decisions that lead to their professional
				success.
The university in promulgating the
				"student code of conduct" and "student group/organization code of conduct," as
				required by section
				3345.21
				of the Revised Code, and as set forth in this policyow, 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 code of student group/organization
				conduct articulates the university's expectations of behavior for student
				groups/organizations and the potential outcomes for violations of policies or
				inappropriate conduct. This policy takes into consideration the unique needs of
				student groups/organizations through the code of student group/organization
				conduct process. This policy explains the university's requirements for notice,
				and the student groups/organizations opportunity to be heard regarding alleged
				violation(s) of the code of student group/organization conduct. The code of
				student group/organization conduct is not intended to be exhaustive in terms of
				defining all acts of misconduct. The code of student group/organization conduct
				specifies the rights and responsibilities of student groups, student
				organizations, the university, and the rights of other parties going through
				the student conduct process.
Student groups/organizations are
				expected to engage in conduct that represents the mission, vision, and values
				of the university.
Sanctions implemented through the code
				of student group/organization conduct process are designed to provide student
				groups/organizations with the opportunity to accept responsibility, provide
				accountability, reflect on their choices, challenge their decision-making
				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 student groups/organizations that interfere with the
				welfare and/or safety of the university community are not acceptable and will
				not be tolerated.
(C)
								Definitions
(1)
									Appeal officer: university official(s) authorized to
			 review and determine an appeal from the respondent and complainant (if
			 applicable).
(2)
									Business days: Monday through Friday, excluding
			 Saturday, Sunday, recognized university holidays, and approved university
			 breaks.
(3)
									Complainant: person, student, student group, or student
			 organization who was subject to alleged misconduct as described in the student
			 code of conduct. There may be more than one complainant in a
			 case.
(4)
									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.
(5)
									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.
(6)
									Exigent circumstances: any situation that demands
			 unusual or immediate action and thus allows for the circumvention of usual
			 procedures. Examples include, but are not limited to, process delays due to
			 parallel criminal proceedings, behaviors that present a threat to the health
			 and safety of members of the campus community, a break in the academic
			 calendar, etc.
(7)
									Hearing officer: A hearing officer is the director of
			 student conduct and community standards (or designee) or a person(s) or bodies
			 assigned by the director of student conduct and community standards (or
			 designee) to be the deciding body in a conduct case. The hearing officer will
			 be a neutral and objective decision-maker properly trained in due process,
			 student development theory and restorative justice practices. The hearing
			 officer should not be the person who investigated the case and must not be
			 involved in the appellate process.
(8)
									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.
(9)
									Inter/national
			 organizational governing body: any known or designated association or body
			 affiliated with any student group/organization. Examples may include national
			 headquarters of Greek-letter organizations, national governing bodies of sports
			 organizations, national honor societies, etc.
(10)
									Investigator:
			 university official(s) gathering information for a hearing authority to
			 determine whether a violation(s) of the student code of conduct has
			 occurred.
(11)
									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.
(12)
									Possession:
			 includes, but is not limited to, holding, no matter the duration, any
			 prohibited item wherever located.
(13)
									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.
(14)
									Reasonable: an objective standard for evaluating
			 appropriateness; having sound judgement; rational or sensible; not extreme or
			 excessive.
(15)
									Student organization: any group that has registered and
			 have been recognized by the university as a student organization or has applied
			 for such recognition. This would include, but is not limited to, unchartered
			 provisional chapters/interest groups.
(16)
									Respondent: any
			 student group or student organization alleged to have committed a violation of
			 the code of student group/organization conduct.
(17)
									Student
			 group/organization advisor: any individual designated by the student
			 group/organization as their advisor. If there is no student group/organization
			 advisor designated by the student group/organization, the institution may
			 choose a designee.
(18)
									Student group/organization representative: The
			 university will generally direct communication to the student on file with the
			 university as the elected/appointed leader of the student group/organization
			 (i.e. president or team captain). However, the student group/organization may
			 choose any student member to serve as the official representative of the
			 student group/organization at any time during the process as outlined in this
			 code. If the individual designated is no longer eligible to serve in that role
			 (e.g. the student withdraws from the university or is no longer a member of the
			 student group/organization) or if the student group/organization dissolves
			 prior to or during the investigation/adjudication process as outlined in this
			 code, the university may designate a student group/organization representative
			 of their choosing.
(19)
									Sponsored event: Sponsored events, whether on or
			 off-campus, include, but are not limited to:
(a)
										Any event that
			 the student group/organization registers with the university or otherwise
			 notifies the university that it is sponsoring/hosting.
(b)
										Any event that
			 meets the criteria of an event that should be registered with the university or
			 that the student group/organization should have otherwise notified the
			 university.
(c)
										Any event that the university determines may qualify as
			 a sponsored event based on, but not limited to, the following factors: the
			 nature of the event, the number of student group/organization members in
			 attendance at the event, the level of organization/advertising undertaken by
			 members of the student group/organization, etc.
(20)
									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).
(21)
									University
			 community: includes the university, any person who is a student, staff member,
			 faculty member, employee, volunteer, patient, guest, invitee, or other persons
			 associated with the university.
(22)
									University
			 official: any person employed by the university, on a full-time, part-time, or
			 temporary basis, performing assigned administrative or professional
			 responsibilities.
(23)
									University premise: includes all land, buildings,
			 facilities, and other property in the possession of, or owned, leased, used,
			 supervised, or controlled by the university.
(24)
									Use: includes,
			 but is not limited to facilities, drinking, ingesting, or introducing any
			 amount of substance into one's body.
(25)
									Witness: any
			 person requested to participate in an investigation or a hearing due to
			 relevant information they may have about an incident of alleged misconduct. The
			 complainant, respondent, and others may provide the university with witness
			 names.
(26)
									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 email address
			 provided in writing to the investigator and/or hearing
			 authority).