Ohio Admin. Code 3335-23-09
In a case where a respondent admits to a violation(s) in writing, the student may request in writing to have a decision as to appropriate sanction made administratively by a hearing officer rather than have the charges referred to a hearing body. In such situations, the student waives the right to a hearing and the related procedural guarantees provided by a hearing body. Administrative decisions in academic misconduct cases involving graduate students may be made in consultation with the graduate school. Following an administrative decision, the student retains the right to request an appeal (see rule 3335-23-18 of the Administrative Code) of the original decision. Appeals following an administrative decision may only be requested, on the ground that the sanction is grossly disproportionate to the violation committed.
When a respondent fails to respond to the initiation of charges and information exists to support finding a violation, the hearing officer may issue an administrative decision so long as sanctions do not include suspension or dismissal. In this circumstance, the respondent retains the right to request an appeal of the decision under all grounds found in rule 3335-23-18 of the Administrative Code. If the respondent is suspended or dismissed in a subsequent case, the respondent may appeal both the outcome in the subsequent case and an administrative decision issued due to a failure to respond.
Ohio Admin. Code 3335-23-09
Promulgated Under: 111.15
Statutory Authority: 3335
Rule Amplifies: 3335.08
Prior Effective Dates: 11/01/1982, 03/07/1987, 04/09/2001, 08/14/2006, 01/11/2008, 06/01/2012, 06/23/2016, 11/11/2020