Student Conduct Code

Statement of General Principles

It is expected that students will conduct their affairs with proper regard for the rights of others and of the University. All members of the university community share a responsibility for maintaining an environment where actions are guided by mutual respect and integrity.

College regulations, local ordinances, and state and federal laws govern all members of the University. Individuals in violation of state and federal law are subject to prosecution by appropriate state and federal authorities regardless of whether the activity occurs on or off campus. In addition, the student may be subject to disciplinary action by the University pursuant to this Code. The severity of the imposed sanctions will be appropriate to the violation.

In seeking to encourage responsible attitudes, the University places much reliance upon personal example, counseling, and admonition. In certain circumstances where these preferred means fail, it must rely upon the rules and procedures described in this Code.

I. Jurisdiction

The Shawnee State University Student Conduct Code shall apply to the following:

A. Any person that has applied for admission or is enrolled in any course or program offered by the University at the time of the alleged violation.

B. Any recognized student organization, which is responsible for compliance with University policy, rules, and regulations.

C. The conduct code shall be applied only in cases of inappropriate conduct:

1. Occurring on university real property, or

2. Involving university personal property, or

3. Occurring at activities pursued under the auspices of the University, or

4. Regardless of where it occurs when clearly indicating that the presence of the student or organization at the University results in a substantial danger of physical harm to persons or property in the university community.

II. Definitions

A. Property includes property held in any manner including, but not limited to, owned, rented, chartered, or licensed.

B. Activities pursued under the auspices of the University include any activities specifically sponsored or participated in by the University or by any university organization.

III. Violations

Violations include those activities which directly and significantly interfere with the University’s (1) primary educational responsibility of ensuring the opportunity of all members of the university community to attain their educational objectives, or (2) subsidiary responsibilities of protecting the health and safety of persons in the university community, maintaining and protecting property, keeping records, providing living accommodations and other services, and sponsoring nonclassroom activities such as lectures, concerts, athletic events, and social functions.

Upon satisfactory proof that a student or student organization has violated a university policy, rule, or regulation, the organization may be subject to disciplinary action. The violations listed below are considered in the context of the student’s responsibility as a member of the academic community. The following violations indicate categories of inappropriate conduct or activity. Those listed have been delineated in such a way as to give reasonable notice to students that such conduct or attempted conduct is inappropriate.

A. Interference with the Educational Mission

1. Violation of a published and/or promulgated professional code of ethics to which the student is bound, i.e., behavior that demonstrates good taste and high moral and ethical behavior.

2. Unauthorized representation of the University, a university officer, or a university employee.

3. Tampering with or falsifying official records.

4. Failure to Comply or Identify. Failure to comply with directions of university officials, security, or any other law enforcement officers acting in the performance of their duties or failure to identify one’s self to these persons when requested to do so.

B. Offenses Harmful to the Safety and Environmental Health of Others

1. Physical assault.

2. Harassment, intimidation, or stalking.

3. False Report of Emergency. Causing, making, or circulating a false report or warning of fire, explosion, crime, flood, or other emergent circumstances.

4. Unauthorized use or possession of explosive components, chemicals, etc., such as fireworks, firearms, weapons, explosives, gas or compressed air, or violation of regulations concerning possession of firearms.

5. Lewd, vulgar, or indecent behavior.

6. Disorderly Conduct. Interferes with university-authorized activities, including teaching, research, administration, or other activities conducted, sponsored, or permitted by the University.

7. Violations of alcoholic beverage regulations.

8. Possession, distribution, use, or sale of illegal drugs as defined by Ohio or federal law and the SSU Drug Free Policy.

9. Creation of a fire hazard or other dangerous condition.

10. Restriction of normal traffic flow into or out of university facilities.

11. Hazing (defined as any action taken or situation created intentionally by an organization or with the knowledge or consent of an organization) to produce mental or physical discomfort, embarrassment, harassment, or ridicule to any member or prospective member.

12. Placing a person or persons in reasonable fear of imminent physical harm.

13. Sexual harassment.

14. Sexual assault.

15. Communication of a threat (verbal abuse).

16. Committing or attempting to commit any misdemeanor or felony offense.

C. Offenses Against Property

1. Theft or attempted theft or the unauthorized use or possession of university property or services or the property of others while on university premises.

2. Possession of Stolen Property. Possessing property known to be stolen that may be identified as property of the University or any other person or business.

3. Misuse, destruction, or defacement of university property as defined above, or that of other people, while located on university property.

4. Forcible Entry to Trespass. Forcible or unauthorized entry into any building, structure, or facility, or unauthorized entry to or use of university grounds.

5. Tampering with fire and safety equipment.

6. Misuse or Abuse of Computers. Misuse or abuse of any computer, computer system, service, program, data, network, cable television network, or communication network. Unauthorized access to University networks, theft or attempted theft or the unauthorized access, use or possession of University computers or other equipment, programs, or data.

7. Attempting to commit any violations of the rules/regulations listed above.

D. Conduct Code

1. Failure to comply with a sanction(s) imposed by the conduct officer or conduct committee.

2. Interference with an investigation or other procedures defined in this Code.

3. Continued infractions of this Code.

4. Knowingly assisting in the violation of any provisions of this Code.

5. Violations of other university policies.        

IV. Sanctions

If a student or student organization admits to a violation of this Code to the conduct officer or the conduct committee (hereinafter referred to as “officer” or “committee,” respectively) or upon determination by the officer or conduct committee that the student or organization has committed a violation of the Code, one or more of the following sanctions may be imposed in accordance with the provisions of this Code (see Section V):

A. Dismissal. permanent separation from the University. However, a student may be readmitted if, at some future time, it can be demonstrated that another opportunity to attend is warranted.

B. Suspension. separation from the University for a stated period of time up to one academic year and/or until a stated condition(s) is (are) met.

C. Disciplinary Probation may include the loss of one or more privileges, normally for no more than one academic year.

D. Official Censure or Admonition. a warning.

E. Restitution. up to the replacement value of the items damaged (but not to exceed same).

F. Such other action as the committee or officer, within reason, may deem appropriate (e.g., suspension of organization’s official campus recognition).

V. Procedures

The vice president for student affairs, or designee, shall perform the functions of conduct officer and he/she shall establish the conduct committee. The officer shall not be a member of the committee.

Administration and interpretation of the Student Conduct Code shall be solely within the jurisdiction of the conduct committee and the president or his/her designee, such interpretation being pursuant to the procedures of this Code.

A. Responsibilities of conduct officer.

1. The officer shall initiate, investigate, or supervise the investigation of alleged violations of this Code that are brought to his/her attention by university officials, faculty, employees, students, or members of the general public.

2. Upon concluding the investigation, the officer shall notify the student of the charge(s), the complaint(s), the date(s) of alleged occurrence(s), the Code section(s) which is (are) alleged to have been violated, the maximum possible sanction which may be imposed, date of hearing, and the student’s rights of appeal.

a. This notice shall indicate if the hearing is to be before the officer or committee.

b. This notice may be given personally, by telephone call, or by written letter to the student, mailed to the last known address. If notice is given by means of a personal meeting or telephone conversation, the student shall be informed that a written notice will be mailed to the student at the last known address or to some other address specified by the student.

c. If the hearing is to be before the committee, this notice will afford the student the opportunity to meet with the officer at a designated time and place for a pre-hearing meeting.

B. Hearing(s) Before Conduct Officer

1. During the hearing(s) with the student, no party present shall be accompanied by legal counsel. The student may be accompanied by an advisor who may be a parent(s), legal guardian(s), another student, faculty, or staff member.

2. During the hearing(s), the officer may hear and consider any relevant information.

3. The officer shall summarize the information; and

a. Dismiss the case, or

b. Impose appropriate sanctions. Sanctions shall become operative within five days after notice (verbal or written) thereof has been given to the student. Sanctions shall be stayed in the event the student appeals to the committee in accordance with this Code (see Section C below), or

4. If the officer determines that the presence of the student at the college results in possible danger of physical harm to person or property at the University, the officer may immediately suspend the student until the committee convenes to hear the case. The maximum period of such an interim suspension shall be five working days. Imposition of an interim suspension shall not occur without a prior preliminary hearing unless it is impossible or unreasonably difficult to accord it prior to the interim suspension. An interim suspension shall be operative immediately upon receipt of notice (verbal or written) by the student of the suspension and the reasons therefore (Section 3345.24 ORC).

a. If the accused student is found not responsible for the charges, he/she will receive an excused absence for the interim suspension period.

C. Right of Appeal Beyond Conduct Officer

1. The student may appeal to the committee any finding or action of the officer.

2. Such appeal shall be submitted to the officer in writing and shall state the specific ground(s) for the appeal and shall request a review by the committee. This written appeal must be received by the officer within five (5) working days after the student has received notice (verbal or written) of the findings.

The officer shall promptly forward the appeal to the committee.

3. The committee will review the appeal request and determine whether or not to grant the appeal. Requests for appeals of suspension or dismissal actions by the conduct officer will automatically be granted by the committee.

D. Responsibilities of the Conduct Committee

1. After written notification from the officer, the chairperson of the committee shall, as soon as practicable:

a. Notify, in writing, the officer and the student of a date, place, and time for hearing with the hearing normally to be held not earlier than three (3) working days, no later than five (5) working days after issuance of notification by the committee.

b. List the names of members of the committee in the notice to the student.

c. Make arrangements for the keeping of a record of the proceedings of the committee hearing. In cases of appeal, the principals may have access to the record for purpose of review relating to the appeal. Such record shall be kept by the officer until all appeal rights have been exhausted at which time such records will be destroyed.

2. Composition of Committee

a. The committee shall consist of five members: two faculty members and one alternate faculty member appointed by the Committee on Committees of the University Faculty Senate, two student members and one alternate student member appointed by the Student Government Association, and one administrative staff member and one alternate administrative staff member appointed by the University administrative Assembly. The committee will select one of the faculty members to serve as chairperson of the committee. The committee will select a vice-chairperson to serve in the absence of the chairperson. At least one (1) student and two (2) of the other four (4) members must be present to hear a case. Each committee member will serve a two-year term commencing at the time of appointment. If an alternate member permanently replaces a member of the committee, he/she shall serve the remaining unexpired term.

b. The student accused of the violation, the officer, and the complaining witness have the right to challenge for cause any member of the committee submitting to the committee chairperson a written memorandum stating the grounds for this challenge at least two (2) days prior to the scheduled meeting. Removal of members for cause shall be within the authority and at the discretion of the chairperson of the committee or the vice chairperson if the chairperson is unable to exercise that function or is challenged for cause.

3. Hearing Preliminaries

a. At any proceeding before the committee, the officer, the student, or other party to the hearing may have the assistance of an advisor. If the case involves suspension or dismissal, the student may have legal counsel present. Such assistance will be at the option of the student. That is, if the student chooses such assistance, the officer or conduct committee shall have the right to similar assistance. The role of legal counsel and/or advisors is explained in V.D.4.f.

b. The hearing shall be open except at the request of the accused student, or the complainant, to close the hearing. The committee chairperson may close the hearing in order to protect complaining witnesses or other parties.

c. If the student or the charging party (either the officer or a complaining witness) is not present at the time appointed for the hearing, the committee shall first attempt to determine the reason for that person’s absence. The committee may proceed in a normal manner or may continue the hearing to a later date. The committee may not consider the absence of a party as relevant to whether the accused committed the alleged violation of the Code.

4. Hearing Procedures

a. The responsibility for recognizing and calling persons to speak lies with the chairperson.

b. Persons disruptive to any stage of the hearing may be evicted at the reasonable discretion of the chairperson.

c. The officer shall first present the results of the investigation and/or the charges against the student.

d. The officer and/or the complaining witness may present oral testimony and/or written statements from any person including the accused student.

e. The student may then present a written documentation or oral testimony from the student and/or other witnesses.

f. At any time during the proceedings, members of the conduct committee may question witnesses or parties to the proceeding; witnesses or parties may ask questions at the discretion of the chairperson. Legal counsel or advisors may only serve in an advisory capacity to the accused student in such cases. Legal counsel or advisors may not speak on behalf of the student or otherwise participate directly in the proceedings.

g. After the presentation of all the information to the committee, each party may present statements to the committee on the applicability of this Code or the interpretation of any sections herein. At this time, the officer and the student may make recommendations to the committee as to the appropriate sanctions should a violation(s) be found to have been committed.

h. During the hearing the committee may consider any relevant information, shall not be bound by the strict rules of legal evidence, and may take into account any information, which is of value in determining the issues involved. Efforts will be made to obtain the most reliable information available.

i. After all parties present their respective information, the committee shall go into executive session to determine whether the student has committed the alleged violation and, if so, the sanction(s) to be imposed. A member should vote against the accused student only if convinced by the preponderance of the information presented that the accused student has committed the act(s) as charged. A majority vote of the committee members present and voting shall prevail. The committee chairperson is entitled to a vote.

j. Within three (3) days after the hearing is closed the committee shall inform the student in writing of the decision through the conduct officer. Any disciplinary sanctions imposed by the committee shall be operative immediately unless otherwise specified.

k. The notice to the student of the finding of the committee shall include:

(1) The facts found to be true.

(2) The section of this Code found to have been violated.

(3) The disciplinary sanction imposed or other sanction to be taken.

(4) The student’s right to appeal and a statement of the expiration date for the filing of that appeal.

E. Right of Appeal Beyond Conduct Committee

In the event the committee approves a sanction of suspension or dismissal, the student may request review by the president or his/her designee. A request for review must be made within three (3) working days as stated in the letter of notification of the sanction. The appeal shall be in writing and limited to:

1. Review of the procedures followed.

2. Appropriateness of the sanction.

The president may or may not elect to review a decision. The president or designee may mitigate any sanction to a lesser penalty. The decision of the president or his/her designee shall be final and shall be communicated to the student in writing.

Student Rights at Hearings

The hearing shall be coordinated in compliance with the Student Conduct Code; consequently, the student shall comply with the Student Conduct Code. The student shall be guaranteed the following protections:

a. The student shall be presumed not responsible until proven responsible by a preponderance of the information.

b. The accused student has the right to have an advisor with him/her, but such advisor may not be a person other than a parent or guardian, a full-time student at SSU, or a member of the faculty or staff of SSU, and legal counsel if the case involves suspension or dismissal.

c. The accused student shall be entitled to be present throughout the presentation of information and presentation of testimony of witnesses. Victims of any offense are entitled to be present at all proceedings.

d. The accused student shall not be required to speak.

e. The student shall have the right to present witnesses and information in his/her behalf.

f. The accused student shall have the right to review all material information and question the presenter.

g. In cases involving the appeal of the sanctions of suspension or dismissal, the student has the right to have legal counsel present at the hearing (students retain attorneys in such cases at their expense).

h. The student shall be entitled to an expeditious hearing of the case.

i. No accuser will be permitted to participate in a judicial body that is hearing a case except as a witness.

j. Recommendations and actions of the conduct officer or the conduct committee must be placed in the mail to the student and the vice president for student affairs no later than three attendance days after the hearing.

VICTIM’S RIGHTS AT HEARINGS

The hearing shall be held in compliance with the guidelines in the Student Conduct Code. The victim shall be guaranteed the following rights/protections:

a. The victim may have an advocate appointed by the Vice President for Student Affairs to assist the individual in understanding the rights and options available as well as provide support throughout the disciplinary hearing process.

b. The victim shall be entitled to be present throughout the presentation of information and the presentation of testimony of witnesses at the conduct hearing.

c. The victim shall not be required to testify.

d. The victim shall have the right to present witnesses and information through the conduct officer.

e. The victim shall have the right to review all material information presented in the hearing.

f. The victim is entitled to a written copy of the disciplinary action taken as a result of the hearing.

g. The victim has no right of appeal of the decision of the Conduct Committee.

h. If there is an appeal of the decision of the Conduct Committee to the President of the University the victim may submit a written statement to the President.

DISCIPLINARY FINES

For Violations of the Student Code of Conduct

Violation of the Student Code of Conduct/University Policies may result in fines being assessed for the below listed behaviors. These fines are in addition to restitution and additional sanctions that may result from disciplinary action. The fines are designed to provide deterrents to prospective violators, and to assign accountability to actual violators. The violations in the following list represent behaviors that contradict the mission of the University and often result in damage to University property or hazards to individual safety. This list is not exhaustive, and may be amended at the discretion of the Vice President of Student Affairs.

* Moving a fire extinguisher or tampering with any safety related system,

i.e. fire suppression system, sprinkler heads, smoke detectors, carbon

monoxide detectors, etc. $100.00

* Discharging a fire extinguisher. $150.00

* Creating a false fire alarm. $200.00

* Misuse of University telephone system (e.g. unauthorized use of an

access code, telephone harassment, obscene greetings or messages

on voice mail, etc.). $100.00

* Misuse of University campus computer network (e.g. unauthorized use

of passwords, e-mail harassment, unethical conduct, computer lab

violations, etc.). $100.00

* Violation of cafeteria rules and regulations. $15.00

* Defacing University property (e.g. painting on walls, etc.). $50.00 - $200.00

* Failure to follow proper check-in/check-out or room change procedures. $25.00 - $50.00

* Violation of visitation policy. $25.00

* Violation of alcohol policy $25.00 first violation (increases by $25.00 increments

for each additional violation).

* Violation of noise policy. $10.00 first violation increases by $10.00 increments

for each additional violation).

* Pets in campus living units. $25.00 (per day of

Violation)

* Failure to properly dispose of trash inside living quarters or in the

immediate outside area. $15.00 - $40.00

Subject to change with 14 day notice to all students.

Academic Misconduct

Academic misconduct is defined as any activity that tends to compromise the academic integrity of the institution or subvert the education process.

Examples of academic misconduct include, but are not limited to:

1. Violation of course rules as contained in the course syllabus or other information provided the student;

2. Providing or receiving information during exams and quizzes or providing or using unauthorized assistance in the laboratory, at the computer terminal, or on fieldwork;

3. Plagiarism, whether it occurs in the classroom (i.e., through the use of term papers or laboratory reports from any source other than the student’s own work) or anywhere else within the Shawnee State community;

4. Serving as, or enlisting the assistance of, a “ringer” or substitute for a student in the taking of examinations;

5. Alteration of grades or marks by the student in an effort to change the earned grade or credit;

6. Alteration of university forms used to drop or add courses to a program or unauthorized use of those forms; and

7. Failure to report incidents of academic misconduct.

Any charge of plagiarism outside the classroom may be brought by the administrator, faculty advisor, or faculty representative affiliated or otherwise involved with the organization or activity within which the plagiarism allegedly took place.

When a faculty member decides to bring a charge of academic misconduct, the faculty member shall notify the chairperson of his/her department, or if no chairperson exists, his/her dean, before entering the charge against the student. Such chairperson or dean shall be available to consult with and advise the faculty member throughout the subsequent proceedings.

Academic misconduct may result in dismissal from a class with appropriate grades or a major program depending on the individual case and the decision of the faculty member. A student charged with academic misconduct may appeal the decision of the faculty member to an appeals committee.

The appeals committee is composed of five faculty members representing the College of Arts and Sciences and the College of Professional Studies. Three faculty members will represent the college in which the student is enrolled and two committee members represent the remaining college. The appeals committee also includes the provost (or designee) who will act as chairperson and who will have tie breaking voting power.

If the student disagrees with the committee’s decision, the student may request a hearing before an Academic Misconduct Hearing Panel.