Section 3358:11-3-69 - Anti-hazing policy(A) Policy statement and purpose. Owens community college strictly prohibits hazing in any form as prescribed in section 2903.31 of the Revised Code. Any member of the campus community, or individual(s) associated with an organization recognized by or operating under the sanction of the college, found responsible for violating this rule may face disciplinary action from the college. Violations may also be subject to civil and criminal penalties under Ohio law.(B) Application. This rule applies to conduct that occurs on or off-campus, between two or more people who are affiliated with the college, or any student or other organization associated with the college.(C) Definitions. (1) Hazing. Is defined as doing any act or coercing another, including the victim, to do any act of initiation into any student club or other organization or any act to continue or reinstate membership in or affiliation with any student club 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.(2) Recklessly. Is defined as, with heedless indifference to the consequences; the person disregards a substantial and unjustifiable risk that the person's conduct is likely to cause a certain result or is likely to be of a certain nature.(D) Prohibited behavior. No college employee, student, consultant, alumnus, or volunteer of any student club or organization, shall engage in the following prohibited behaviors.(1) Recklessly participating in the hazing of another.(2) Recklessly permitting the hazing of any person associated with a student club or organization.(3) Recklessly participating in the hazing of another when the hazing includes coerced consumption of alcohol or drugs of abuse resulting in serious physical harm to the other person.(4) Recklessly permitting the hazing of any person associated with a student club or organization when the hazing includes coerced consumption of alcohol or drugs of abuse resulting in serious physical harm to that person.(E) Reporting an allegation. (1) Campus safety is a top priority and the college will take all report of misconduct seriously to protect everyone's health and well-being. Owens community college depends on community members to identify and report behaviors of concern so that the college can provide distressed students and employees with appropriate support services and resources. Every individual is responsible for campus safety.(2) Alleged violations of this rule shall be reported to the executive director of human resources, assistant dean student life, director of athletics, department of public safety, or online at the college website, student conduct, report an incident. 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.(3) An individual must immediately report knowledge of hazing as defined in paragraph (B) of this rule to the college through any of the means as stated. An individual who is obligated to report and fails to make a timely report may be subject to appropriate discipline. Each of the following is considered an individual who is obligated to report hazing. (a) Any full or part-time employee of the college (including an adjunct, student worker).(b) Any volunteer acting in an official capacity who advises or coaches a student organization and/or a student group and who has direct contact with a student.(c) Any employee who is required by law to protect confidentiality is exempt from this requirement.(4) The college recognizes that an individual may be reluctant to report hazing activity due to the fear of potential consequences for their own conduct. Therefore, anyone who makes a report under this rule will not be charged with other minor rule violations that are brought to light in the course of the investigation that arose out of, or were committed as a direct result of, the incident under investigation as long as those behaviors do not represent a threat to the health, safety or wellbeing of others. The college may follow up with the individual regarding the behavior in a non-disciplinary manner.(F) Investigation.(1) The college will promptly notify the appropriate law enforcement agency when an allegation of hazing has been reported and will document that the notification was made. Once an allegation(s) is received, it will be promptly and thoroughly be investigated by the office of student life, department of human resources and/or local law enforcement authority having jurisdiction. The college will also determine if interim measures are needed to protect the safety and well-being of others.(2) During the course of the investigation the student and/or student organization may request to enter information into the record and may recommend specific witnesses to the investigator(s). However, the determination of the relevance of information and or witnesses will be made by the investigator(s).(G) Sanctions. (1) The implied or expressed consent of an individual to hazing is not a defense to a student code of conduct violation and/or other college rule or procedures. Furthermore, retaliation against any person who reports hazing or who participates in a hazing investigation pursuant to this rule is in violation of the student code of conduct and/or other college rule or procedures and is subject to disciplinary action.(2) An individual (including but not limited to employees and students), student club or organization that violate this rule may be subject to disciplinary sanctions in accordance with the student code of conduct and/or other college rule or procedures, including but not limited to, fine, suspension, or expulsion. Violation of this rule by an employee may result in corrective action and/or discipline, up to an including termination, in accordance with applicable college rule or procedures and/or collective bargaining agreement.(H) Enforcement. (1) The office of student life and/or human resources shall coordinate the investigation of all hazing allegations. When appropriate, other college offices may handle certain aspects of the college's response (i.e., human resources, department of public safety, etc.)(2) Additionally, the office of student life and/or human resources will assess the need for interim measures (i.e. suspension of current group activity). Every effort will be taken to complete the investigation in a timely manner. The hazing allegation will be investigated and resolved in keeping with the student code of conduct procedures and/or other college rules. At the point when a formal conduct charge is made against an organization, the national or oversight organization, if any, shall be notified. Criminal investigations resulting from a report to law enforcement will be handled by the appropriate law enforcement agency. Owens community college may charge an individual or a group with violation of this rule via the student code of conduct and/or other college rules, regulations or policies.(3) A sanction applied to an organization and/or an individual will be imposed in accordance with the severity of the violation and will be determined by the office of student life and/or human resources.(I) Report of reported incidents. The college will maintain a report of all violations of this rule that are reported to the college and which result in a charge of violation of this rule. The college will update the report bi-annually on July first of each year and will post the updated report on the college website.(J) Training and education. Owens community college shall provide annually at least one program/training on hazing intervention and prevention education to all members, prospective members and anyone who is employed by or volunteers with an organization. The education may be provided in person, electronically, or both. The college will maintain a record of individuals who have completed the program/training. Failure to complete the program/training will result in the student being denied the ability to join any recognized organization or group.(K) Supplements. This rule supplements and supports Owens community college rule 3358:11-3-11 of the Administrative Code (student conduct), rule 3358:11-4-17 of the Administrative Code (anti-discrimination and harassment), rule 3358:11-5-50 of the Administrative Code (zero tolerance/workplace violence), rule 3358:11-5-52 of the Administrative Code (standards of conduct and disciplinary process).(L) Implementation. The chief student affairs officer or designee(s) will implement procedures, guidelines, forms, and operational processes, which are consistent with the provisions of this rule.Ohio Admin. Code 3358:11-3-69
Effective: 5/15/2022
Promulgated Under: 111.15
Statutory Authority: 3358.08
Rule Amplifies: 3358.08