Undergraduate Catalog > Student Rights and Responsibilities Statement > VII. Types of misconduct of a non-academic nature which may subject a student to suspension or dismissal.

VII. Types of misconduct of a non-academic nature which may subject a student to suspension or dismissal.

1. It should be readily understood that misconduct of a non-academic nature which the laws of the land treats as punishable crimes (which may be loosely defined as wrongs against society) usually involve also an element of harm to some individual or group within the broader context. A complex organization such as a university community requires rules and regulations peculiar to its own situation and internal means of enforcing their observance independently from public authority for the protection of itself and its subgroups and individual members, keeping in mind the principle that discipline should have the primary aim of promoting the welfare of the person who is subject to it and that punishment as a matter of law enforcement is incidental and secondary.
2. The following offenses on the part of a student, when committed on University-owned or -controlled property or against such property or when the offense is against a fellow student or other member of the University family or its invited guests, are considered to be of a nature, depending on the circumstances of the particular case, as to warrant disciplinary action up to the possible level of temporary suspension or permanent dismissal.
   1. Attempting or committing physical violence or acts of sexual harassment against any student, faculty member, administrative officer, employee, guest of the University; or against any other person on University-owned or -controlled property.
   2. Malicious destruction, damage, or theft of personal or University property, including incidents of arson, vandalism, larceny, burglary, breaking and entering, robbery, or embezzlement.
   3. Obstructions or disruption of teaching, research, administration, disciplinary procedures, or other authorized activities on University-owned or -controlled premises.
   4. Alteration, forgery, or misuse of University documents or records including fraudulent misuse of identification cards or furnishing false information to the University with intent to deceive.
   5. Violation of published University policies, rules, and regulations concerning fraternities, sororities, and other student organizations; use of University facilities; or concerning the time, place, and manner of meetings and demonstrations on University-owned or -controlled property. (Protection of right of lawful assembly and protest are covered in Section 1, (8) of this joint statement.)
   6. Possession or use of firearms, air guns, explosive devices, or materials of any description, or deadly weapons, in violation of civil laws and ordinances and in violation of University regulations concerning safekeeping of lawful firearms.
   7. Unlawful possession, use, or distribution of marijuana, narcotics, hallucinogens, barbiturates, amphetamines, prescription drugs, or any other illegal substance.
   8. Possession, use, or distribution of beer, wine, or intoxicating liquor.
   9. Gambling.
   10. Tampering with or misuse of fire alarms or fire-fighting equipment.
   11. Disorderly conduct of aggravated degree, incitement, enticement, verbal abuse, or lewd, indecent, obscene, or racist conduct or expression on Universityowned or -controlled property or at University-sponsored or -supervised functions.
   12. Conduct not herein above specifically listed which is classified as a felony under the provisions of the Ohio Revised Code or Federal Statutes.
   13. Refusal to comply with lawful directions of University officials acting in the performance of their duties.
   14. Infractions of on-campus housing policies and/or University policies as detailed in this catalog, involving a third appearance before a hearing officer are subject to be treated as a single offense subject to disciplinary procedure under this section.

       Earlier sections of this joint statement describe the procedures designed to assure every student who is charged with misconduct of a non-academic nature of fair and impartial consideration and treatment. The penalties referred to, directly or by inference, in those sections range all the way from simple reprimand and minor social probation through restitution, strict disciplinary probation, temporary suspension, and up to the ultimate point of permanent dismissal. It might appear at first glance that it would be well to prescribe a very particular punishment for infraction of each particular rule. There are good reasons for not so attempting: (1) What should be a brief, understandable statement of principles would become a complex, rigid, selfdefeating code stressing the negative approach to social interaction; (2) More importantly, substantial inequities would be certain to result from the fact that many given acts of misconduct do vary greatly as to seriousness and appropriate kind and degree of punishment depending on intent and surrounding circumstances which cannot, in the nature of things, all be foreseen and allowed for. Consequently, the real protection against the harshness and inequities inherent in such a system lies in the adoption of a flexible framework within which administration involving the peers of the accused is provided and the right of meaningful appeal is protected.

3. With respect to serious public offenses committed by students off campus and not directly involving the University or member of the University family, or under circumstances not specifically covered above, the following policy shall apply: It is not the function or the intention of the University to attempt to substitute itself for or duplicate the work of the duly constituted civil authority in dealing with violations of the law and ordinances enacted for the protection of the public. It is understood that the University should not assess additional punishment or penalties, as such, for such infractions. In these cases, when the unique and distinct interests of the University are not involved, its role shall be that of a counselor to the end of helping the student achieve an acceptable adjustment under which he or she can continue his or her education. However, a student who has been formally charged in a civil court with a criminal act of so serious a nature and under such circumstances that the student’s presence on campus is deemed to constitute a real threat to the safety of property of the University or of the persons or property of members of the academic community or whose presence under the circumstances is clearly deleterious to the avowed purposes of the institution, may be suspended for a temporary stated period or pending final determination of the case by the courts. The question of possible dismissal of the student in case of admitted or legally determined guilt shall not be considered or decided pending action in the courts.