Ohio Administrative Code › Title 3358:14 - Northwest State Community College › Chapter 3358:14-5 - Academics › Section 3358:14-5-23 - Anti-hazing

Current through all regulations passed and filed through July 1, 2024
(A)
								Northwest state community college ("NSCC" or "college")
			 prohibits hazing as defined in this policy. The college will investigate and
			 respond to all reports of hazing as outlined in this policy.
(B)
								NSCC is committed
			 to a safe and respectful campus environment that aligns with our institutional
			 values. It is the college's belief that learning and working occurs in
			 environments where learners, employees, and visitors feel safe, secure, and
			 welcome.
The college acknowledges that as part
				of the higher education experience that learners and some employees participate
				in various extra- and co-curricular groups and organizations with different
				purposes and processes for affiliation. The college supports traditions within
				organizations that match the college's core values. Hazing is antithetical to
				our institutional mission and has no place at NSCC.
The college recognizes that a student
				organization or group may belong to a national oversight organization that also
				holds students accountable to expectations and standards (e.g., the national
				organization for a local fraternity chapter). NSCC is committed to partnering
				with these outside affiliates to address hazing allegations and will
				communicate with them as appropriate.
(C)
								Definitions:
Hazing - as defined in section
				2903.31 of the Revised
				Code, hazing is defined as "doing any act or coercing another, including the
				victim, to do any act or initiation into any student or other organization or
				any act to continue or reinstate membership in or affiliation with any student
				or other organization that causes or creates a substantial risk of causing
				mental or physical harm to any person, including coercing another to consume
				alcohol or a drug of abuse, as defined in section
				3719.011
				of the Revised Code."
Hazing is a form of power-based
				violence. Hazing can occur with power differentials in all types of
				relationships regardless of membership status, including an initiate, an
				individual seeking reinstatement, a current member, or a current student with
				inactive status. In part, hazing is an attempt to exert control or influence
				from one person to another. What constitutes hazing is a dynamic and changing
				set of circumstances that requires a situational response.
Therefore, NSCC further defines hazing
				to include:
Any action or situation which
				recklessly or intentionally endangers the mental, emotional, or physical health
				or safety of a student for the purpose of initiation or admission into, or
				affiliation with, any student organization or group regardless of the person's
				consent to participate.
Brutality of a physical nature
				including but not limited to paddling, whipping, beating, branding, forced
				calisthenics, or exposure to the elements.
Coerced consumption, including but not
				limited to any food, alcoholic beverage, liquid, drug, or any other substance
				that subjects the student to an unreasonable risk of harm.
Acts intended to cause mental stress,
				including but not limited to sleep deprivation, transportation or abandonment,
				confinement to a small space, forced exclusion from social contact, forced
				conduct which could result in embarrassment, any forced activity that is
				designed to shame or humiliate, or any action of harassment (as defined in the
				student code of conduct).
Coerced activities, including but not
				limited to violation of local, state, or federal laws, violation of college
				policies, rules, or regulations, and personal servitude.
Acts of sexual harassment and other
				sexual misconduct as defined by NSCC policy 14-3-35 (rule 3358:14-3-35 of the
				Administrative Code).
Members of the college community -
				faculty, staff, learners, volunteers (e.g., advisors and volunteer coaches),
				organizations, groups, alumni, and consultants are members of the college
				community for purposes of this policy.
Organization - an organization consists
				of a number of persons who are associated with each other and have registered
				with the college as a student organization (such as clubs, club sports, or
				fraternities and sororities).
Groups - a group consists of a number
				of persons who are associated with the college 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, musical or theatrical ensembles,
				academic or administrative units, and clubs not registered as student
				organizations).
(D)
								Scope
The college holds students accountable
				for their behavior both on and off-campus and addresses behavior that is a
				violation of the "student code of conduct." This policy applies to hazing that
				takes place between two or more people who are affiliated with the institution
				regardless of if it occurs at sanctioned or non-sanctioned events. This policy
				applies to student organizations, groups, and individuals and is effective from
				matriculation to commencement, including breaks in the academic
				year.
(E)
								Outcomes and consequences
Hazing is a serious offense of the
				college "student code of conduct" and, therefore, is subject to the full range
				of sanctions (reprimand, disciplinary probation, suspension, and expulsion). In
				addition, other educational activities may be required as conditions of the
				sanction. An individual, organization, or group may be subject to other
				outcomes in accordance with the applicable outside constituents, academic
				processes, group in which the student is involved, or their governing bodies.
				The college has the right to act regardless of the actions of a governing
				body.
Hazing as defined, as well as some of
				the specific acts involved, may also violate local, state, or federal laws or
				regulations; for example, the use of force (including the threat of force) may
				subject the perpetrator to criminal charges of simple, felonious, or aggravated
				assault. Punishment upon conviction or plea will be as the court decides, and
				is independent of any decisions made by the college under this
				policy.
The victim/s of any hazing may file a
				civil action against one or more individual perpetrators, or against the local
				or governing organization. Such suits may result in sanctions as the court
				directs, independent of any decisions made by the college under this
				policy.
Individuals who participate in hazing
				or recklessly permit the hazing of another may also face criminal penalties in
				accordance with sections
				2903.31 and 2903.311 of
				the Revised Code. These penalties are in addition to sanctions imposed by the
				college under this policy.
(F)
								Reporting
(1)
									Duty to
			 report
Immediately upon learning of potential
				hazing, all employees, volunteers, advisors, consultants, and alumni have a
				duty to report any alleged violation of hazing. This obligation extends to
				reporting what someone tells you and/or what you observe. Each mandated
				reporter must report to the college and to law enforcement. Student employees
				have a duty to report violations of this policy of which they become aware in
				the course of their duties when these duties include responsibility for the
				safety and wellbeing of other members of campus community or if they have
				supervisory, evaluative, grading, or advisory responsibility over other members
				of the campus community.
Separate from and in addition to any
				administrative duty to report hazing, section 2903.0311 of the Revised Code
				states that "no administrator, employee, faculty member, teacher, consultant,
				alumnus, or volunteer of any organization, who is acting in an official and
				professional capacity shall recklessly fail to immediately report the knowledge
				of hazing to a law enforcement agency in the county in which the victim of
				hazing resides on in which the hazing is occurring or has
				occurred."
Further, section
				2921.22
				of the Revised Code requires any person who knows that a felony has been or is
				being committed to report it to law enforcement. It is a criminal offense to
				knowingly fail to make the report. If you suspect or have knowledge of criminal
				activity occurring on college property, call the NSCC police department ("NSCC
				PD"). NSCC police department may be reached by dialing "3" from any campus
				telephone or by dialing 419-267-1452. The NSCC police department is located in
				A191 in the atrium. Persons who wish to report crimes or other incidents at
				other college sites or from their homes should contact the police department of
				jurisdiction by calling 9-1-1. Incidents that occur off-campus or at a regional
				campus should be reported to local law enforcement by calling 9-1-1 or the
				nonemergency telephone number specific to that
				jurisdiction.
(2)
									Filing a report of violation of this policy
The vice president of enrollment
				management and student affairs ("VPEMSA") serves as the recipient for any
				complaint or report of hazing. If the report involves criminal conduct, the
				VPEMSA shall notify law enforcement. If the report involves allegations of
				sexual misconduct, the provisions of NSCC policy 14-3-35 (rule 3358:14-3-35 of
				the Administrative Code) may also apply. In certain instances, the VPEMSA will
				notify other appropriate agencies, such as children's services.
"Walk-in or mail:
Vice President of Enrollment Management
				& Student Affairs
Northwest State Community
				College
22600 State Route 34
Archbold, Ohio 43502
Telephone: 419-267-1349
Submit an incident report:
NSCC Incident Reporting
				Form"
(3)
									Anonymous complaints
The college is committed to reviewing
				all reports of hazing. Anonymous reports are accepted; however, the college's
				ability to obtain additional information may be compromised and the ability to
				investigate anonymous reports may be limited.
(4)
									Rights of the
			 reporting party
In order to encourage reporting of
				alleged hazing, the reporting party may not face conduct referrals for action
				under the "student code of conduct" with respect to his or her own unlawful or
				prohibited use of alcohol or drugs during the incident when the alleged hazing
				occurred. Further, if the reporting party is found to have violated the
				"student code of conduct" with respect to hazing, then the act of reporting
				will be taken as a mitigating factor during the selection of
				sanction.