Code of Conduct

 

  • Preamble

    Preamble

    Youngstown State University is a student-centered institution committed to the education, development, well-being, and success of students of all ages and from all walks in life. In concert with our mission to help students grow intellectually, we strive to foster their personal, social, emotional, and career growth, as well as their capacities for lifelong learning, civic responsibility, and leadership.

    As a campus community, we expect all conduct to be rooted in integrity, mutual respect, and civility. We value ethical behavior in scholarly and other endeavors; believe in the dignity and worth of all people; strive to foster an appreciation of, and respect for, differences among the human race; and celebrate the diversity that enriches the University and the world.

    As a member of a higher education community, students have an obligation to conduct themselves in a manner that is compatible with the University’s purposes as an institution of higher education. Each student is expected to be fully acquainted with all published policies, procedures, and regulations of the University and is held responsible for compliance with them. All members of the University community are expected to assume responsibility for creating an environment conducive to the educational mission and purpose of the University.

    The policies and regulations in The Student Code of Conduct have been established to ensure a positive educational experience for every student. The Student Code of Conduct serves as an official University document that outlines conditions and regulations considered essential to the effective functioning of the University.

    The student conduct process at Youngstown State University adheres to procedural due process and is intended to be part of the educational process at the University. This student conduct process provides a forum for the impartial and expedient resolution of misconduct in the University community and encourages students to live responsibly and be accountable for their actions. The student conduct process is based on the University’s commitment to developing integrity, respect, and responsibility among all students.

    Published by

    THE DIVISION OF STUDENT EXPERIENCE

    June 15, 2016

  • Article I.  Rights and Responsibilities

    Section A. Basic Rights

    The following enumeration of basic rights shall not be construed to deny or disparage other rights and privileges retained by students in their capacity as members of the student body or as citizens of the community at large:

    1. The right of free inquiry, expression, and/or assembly.
    2. The right to pursue educational goals and appropriate opportunities for learning in the classroom, on campus, and on-line.
    3. The right to be secure in their persons, living quarters, papers, and effects against unreasonable searches and seizures.
    4. The right to retain ownership of class projects/assignments authored by a student and submitted to fulfill requirements of a course, except as provided by the Revised Code, Section 3345.14.

    Section B. Basic Responsibilities

    Students, as members of the University community, shall have the following responsibilities which are inherent in the basic rights delineated above:

    1. To maintain standards of academic performance as established by their facul
    2. To be responsible for acting in such a manner as to ensure other students the rights declared in Section A. of this article.
    3. To be responsible for their actions with respect to, and to follow, all University regulations and policies.
    4. To be responsible for their actions with respect to provisions of local, state, and federal law.
    5. To conduct themselves in a manner which helps to create and maintain a learning atmosphere in which the rights, dignity, and worth of every individual in the University community are respected.
    6. To have in their possession a valid University Identification Card when on University premises.
    7. To be responsible for adhering to the Drug-Free Environment Policy.
    8. To ensure adherence to all University Board of Trustees policies that apply to students.
  • Article II.  Student Conduct Authority

    The President has delegated the authority for the University student conduct system to the Associate Vice President for Student Experience.  The Associate Vice President for Student Experience, or their designee, serves as the Student Conduct Administrator responsible for the administration and operation of The Student Code of Conduct and the student conduct process.  Members of the University seeking formal disciplinary action for student misconduct should refer to the Student Conduct Administrator.

    The Student Conduct Administrator shall determine the composition of Student Conduct Bodies and Appellate Panels.

    The Student Conduct Administrator shall develop policies for the administration of the student conduct system and procedural rules for the conduct of hearings that are consistent with provisions of The Student Code of Conduct.  The Student Conduct Officer shall be the Associate Director of Student Conduct. The Student Conduct Administrator may also appoint one (1) or more Deputy Conduct Officers to review reports of violations of The Student Code of Conduct and to conduct investigation.  Deputy Conduct Officers shall be under the supervision of the Student Conduct Officer and/or the Student Conduct Administrator.

    Section A. Jurisdiction of The Student Code of Conduct

    1. The Student Code of Conduct shall apply to conduct which adversely affects the University community or interferes with the pursuit of its mission or educational objectives and programs whether it occurs on University premises, at University sponsored activities, or on non-University premises.  It is important to note that a student and/or group/organization will be subject to the University student conduct process where the conduct has occurred on non-University premises when the conduct adversely affects the University community or interferes with the pursuit of its mission or educational objectives and programs.
    2. Students shall be responsible for their conduct from the time of application for admission through the actual awarding of a degree, even though conduct may occur before classes begin or after classes end, as well as during the academic year and during periods between terms of actual enrollment (and even if the conduct is not discovered until after a degree is awarded).  The Student Code of Conduct shall apply to a student’s conduct even if the student withdraws from the University while a matter of misconduct is pending.
    3. An incident which results in a charge under The Student Code of Conduct may also lead to a proceeding outside of the University for a violation of local, state, or federal law.  In these instances, University proceedings are not subject to challenge based on concurrent criminal or civil proceedings or that such proceeding has been or will be dismissed, reduced, withdrawn, resolved or settled.  The University will cooperate, to the extent permitted by law, with law enforcement and other agencies in the enforcement of all laws.  In all cases, hearings within the University will be held according to the procedures set forth in this policy.  Since the University Student Conduct Process is educational in nature, differing judgments may result.

    Section B. Campus Student Organizations

    Registered student organizations may exist for any appropriate purpose that does not conflict with University policies and regulations or with local, state, and/or federal laws.  The development of policies and guidelines for student organizations is the responsibility of the Associate Vice President for Student Experience or his/her designee.  The policies and regulations that apply to student groups/organizations are outlined in the Penguin Student Handbook which houses all of the student organization’s policies.  Student groups/organizations that violate any of the student organization policies may be charged with violating The Student Code of Conduct and be subject to the student conduct procedures outlined in Article IV.

    Section C. Student Conduct Authority

    1. The enforcement of regulations, policies, and guidelines that apply to students, student organizations/groups are within the jurisdiction of the Associate Vice President for Student Experience, or their designee.
    2. Student groups and registered student organizations may be charged with violations of The Student Code of Conduct in the following circumstances:
      1. An organization is responsible for its actions and shall be held responsible when the organization fails to comply with the YSU student organization’s policies, and/or University policies or regulations.

         

      2. An organization is responsible for its actions and shall be held responsible when the organization fails to comply with city, state, and federal law.

    3. A student group (as defined in the Glossary of Terms in this document) or registered student organization and its officers may be held collectively or individually responsible for violations of The Student Code of Conduct.

  • Article III.  Student Conduct Standards

    The Student Conduct Process aspires to develop and maintain conduct standards in support of character, civility, and community.  This section provides a set of expectations regarding student conduct in support of the University community.

    A student and/or group/organization may be charged with violating any student conduct standard.  In cases where a violation is committed by a member of a group/organization, the entire group/organization may be held responsible in addition to the student when those members of the group/organization not directly involved participate in the activity by encouraging, witnessing, or condoning the act in any manner.  The following behavior is subject to disciplinary action under The Student Code of Conduct.

    1. Academic Integrity
      Violations of academic integrity include:
      1. Plagiarism, which includes the use, by paraphrase or direct quotation, of the published or unpublished ideas, words, data, or work, of another person without full and clear acknowledgment; the unacknowledged use of materials prepared by another person or agency engaged in the selling of term papers or other academic materials; or the misrepresentation of another person’s work as one’s own.
      2. The use of any unauthorized assistance or tools
        (i) In taking quizzes, tests, or examinations
        (ii) When completing assignments, solving problems, or carrying out other assignments.
      3. The acquisition, without permission, of tests or other academic material belonging to a member of the University faculty or staff.
      4. Engaging in any behavior specifically prohibited by a faculty member in the course syllabus or class discussion.
      5. Inappropriate collaboration, including working together on assignments or projects to an extent not permitted by the instructor.
      6. Multiple submissions of the same work, including submitting the same or parts of the same assignment for multiple classes without permission from the instructor.
      7. Fabrication of data, including presenting fictitious data relating to experiments, changing of data obtained from sources, and citing non-existent sources.
      8. Bribes, threats, or intimidation, which includes the exchange of payment for assignments or parts of assignments, and threats to entice others to engage in academic dishonesty.
      9. Impersonation, including pretending to be another person in the completion of a quiz, exam, or other assignment.
      10. Altering or destroying the work of others unless given permission.
      11. Lying in order to obtain an academic advantage, which includes falsification of documents or other information used to request make-up work.
         
    2. Alcohol
      1. Use or possession of alcoholic beverages, except as permitted by law and University policy.
      2. Public Intoxication.
      3. Manufacturing, or distribution of alcoholic beverages to any person under twenty-one (21) years of age except as permitted by law.
         
    3. Bullying and Harassment
      • Unwelcome or unreasonable behavior that harasses or intimidates people either as individuals or as a group and is sufficiently severe or pervasive from both a subjective (the complainant’s) and an objective (reasonable person) viewpoint. Bullying and harassing behavior is often persistent and part of a pattern, but it can also occur as a single incident. It is usually carried out by an individual but can also be an aspect of group behavior (see University Policy 3356-2-03 “Discrimination/harassment” and Administrative Code Rule 3356-2-03 “Discrimination/harassment” for prohibited conduct based on individual’s sex, race, color, religion, national origin, age, sexual orientation, gender identity, and/or expression, disability, or veteran/military status or any other basis protected by law).
    4. Complicity
      • Allowing or enabling a violation to occur, failing to report a violation, or concealing, condoning, supporting, or encouraging a violation or an attempted violation.
    5. Student Conduct System
      Abuse of the student conduct system, including, but not limited to:
      1. Failure to obey the summons of a Student Conduct Body or University official to appear for a meeting or hearing as part of the student conduct process.
      2. Falsification, distortion, or misrepresentation of information before a Student Conduct Body.
      3. Institution of a student conduct proceeding knowingly without cause.
      4. Attempting to discourage an individual’s proper participation in, or use of, the student conduct system.
      5. Attempting to influence the impartiality of a member of a Student Conduct Body prior to or during the student conduct process.
      6. Harassment (verbal or physical) and/or intimidation of a member of a Student Conduct Body, participants, or witnesses prior to, during, and/or after a student conduct proceeding.
      7. Failure to comply with the sanction(s) imposed by the Student Conduct Body.
      8. Influencing or attempting to influence another person to commit an abuse of the student conduct system.
      9. Disruption or interference with the orderly conduct of a student conduct proceeding.
         
    6. Disorderly Conduct
      • Conduct which is disorderly, lewd, or indecent; a breach of peace; obstructs teaching, research, administration, or University activities or functions; or aids, abets, or persuades another person to engage in such conduct.
    7. Drugs
      1. Use, possession, manufacturing, or distribution of marijuana, heroin, narcotics, or other controlled substances in either refined or crude form, including the use of drug-related paraphernalia.
      2. The misuse of materials as an intoxicant.
      3. Use of prescription drugs in any way other than as prescribed. Distribution of prescription drugs to anyone other than the person to whom they are prescribed.
         
    8. Failure to Comply
      • Failure to comply with directions and/or oral or written instructions which are given by any University official, student, faculty member, or staff who is acting in an official University capacity and/or failure to identify oneself to these persons when requested to do so.
    9. Financial Obligations
      • Failure to meet all financial obligations to the University.
    10. Gambling
      • Gambling or wagering of any form except as expressly permitted by law and/or University policy.
    11. Hazing
      • Hazing is defined as an act which endangers the mental or physical health or safety of a student, or which destroys or removes public or private property, for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in a group or organization.
    12. Information Technology
      Theft or other abuse of information technology and resources, including, but not limited to:
      1. Unauthorized entry into a file, to use, read, or change the contents, or for any other purpose.
      2. Unauthorized transfer of a file.
      3. Unauthorized use of another individual’s identification and password.
      4. Use of computing facilities and resources to interfere with the work of another student, faculty member, or University official.
      5. Use of computing facilities and resources to send obscene or abusive messages.
      6. Use of computing facilities and resources to interfere with the normal operation of the University computing system originating from an on-campus or off-campus source.
      7. Use of computing facilities and resources in violation of copyright laws.
      8. Any violation of the Responsible Use of University Technology Resources Policy (4009.01).
         
    13. Non-Academic Dishonesty
      1. Furnishing false information to any University official, faculty member, or office.
      2. Forgery, alteration, or misuse of any University document, record, credit card, or instrument of identification.
      3. Tampering with the election of any University recognized student organization.
      4. Deliberately misleading or intentionally failing to maintain correct address and telephone information with the Registrar.
      5. Misrepresenting enrollment status and/or achievement at the University to non-University officials and/or on non-University documents.
         
    14. Obstruction of Traffic
      • Obstruction of the free flow of pedestrian or vehicular traffic on University premises or at University sponsored or supervised functions.
    15. Endangering Behavior
      1. Intentionally, knowingly or recklessly causing physical harm to another person or their property or engaging in conduct which threatens or causes a reasonable apprehension of harm to the health, safety, life, or property of a person including one’s self.
      2. Entering false fire alarms, bomb threats, or tampering with fire extinguishers, alarms, smoke detectors, or other safety equipment.
         
    16. Property Damage
      • Any action which damages or could reasonably damage property of the University, or property of a member of the University community, or other personal or public property, on or off campus, or acts of vandalism even if this behavior does not cause damage.
    17. Published University Policies
      • Violation of published University policies, rules, or regulations including those available electronically on the University website.
    18. Sexual Misconduct
      A broad range of behaviors including sexual assault, dating violence, domestic violence, stalking, voyeurism, and any other conduct of a sexual nature that is nonconsensual, or is carried out through force, threat, intimidation, or coercion.
      1. Sexual Assault: Any intentional, non-consensual and/or coerced sexual contact. Physical resistance need not occur to meet the definition of sexual assault.
      2. Consent: Sexual activity requires consent, which is defined as positive, unambiguous, voluntary and on-going agreement to engage in a specific activity. Consent must be freely and affirmatively given. Consent cannot be obtained from someone through coercion or from someone who is unconscious, asleep, or whose judgment is impaired by the use of a drug or alcohol, or diminished by an intellectual, mental or physical condition or disability. Consent may be withdrawn at any time.
      3. Coercion: Intimidation, physical or psychological threat, or pressure used to force another to engage in sexual acts.
      4. Stalking: Repeated behaviors or activities whether in person, online, or through any other means which threaten or endanger the safety, physical or mental health, life or property of another or creates a reasonable fear of such threat or action.
      5. Dating Violence: Violence or abusive behavior (sexual, physical, or threat of violence) committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship is determined based on a consideration of the length and type of relationship, and the frequency of interaction between the persons involved in the relationship.
      6. Domestic Violence: Violence or abusive behavior (sexual, physical or threat of violence) used to maintain control or power within a current or former relationship and which is committed by any of the following:
        • A current or former spouse or intimate partner of the victim;
        • A person with whom the victim shares a child in common;
        • A person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner;
        • By any other person against an adult or youth victim under the domestic or family violence laws of the State of Ohio (See Revised Code 2919.25 Domestic Violence).
      7. Sexual Exploitation: Sexual exploitation occurs when a person takes non-consensual or abusive sexual advantage of another for his/her own benefit or advantage or to benefit or advantage anyone other than the person being exploited, and that behavior does not otherwise constitute another form of sexual misconduct. Examples of sexual exploitation include, but are not limited to, prostituting another, non-consensual video or audio-taping of sexual activity, permitting others to secretly observe or record consensual activity, or engaging in voyeurism.
      8. Sex Offenses: See Chapter 2907 of the Revised Code which defines “Sex Offenses” under Ohio Law.
      9. Please see University Policy 3356-2-03.1/Sexual Misconduct.
         
    19. Theft
      • Attempted or actual theft, including possession of stolen property.
    20. Unauthorized EntryUnauthorized entry to or use of University premises, or unauthorized possession, duplication, or use of keys to any University premises.
      1. Unauthorized entry to or use of University premises, including access to residential spaces other than one’s own assigned space.
      2. Unauthorized possession, duplication, or use of keys to any University premises.
      3. Unauthorized entry to or use of University premises, or unauthorized possession, duplication, or use of keys to any University premises.
         
    21. Unauthorized Recording
      1. Unauthorized use of electronic or other devices to make an audio or video record or photograph of any person while on University premises without their prior knowledge or without their effective consent when such a recording or photograph is likely to cause injury or distress, except as otherwise permitted by law.
      2. Unauthorized distribution or dissemination of an audio or video recording or photograph of any person without their prior knowledge or consent, even if the recording or photograph originally had been produced with the person’s consent, when such a recording or photograph is likely to cause injury or distress, except as otherise permitted by law.
         
    22. Violation of Law
      1. Behavior which would constitute a violation of federal, state, or local law that adversely affects the University community or interferes with the University’s mission or its educational objectives and programs.
      2. If a student is charged only with an off-campus violation of federal, state, or local laws, but not with any other violation of The Student Code of Conduct, student conduct action may result and sanctions may be imposed for misconduct that adversely affects the University community or interferes with the University’s mission or its educational objectives and programs. The University, at its sole discretion, may pursue action against a student while the student is also subject to criminal or civil proceedings. In all cases, hearings within the University will be held according to the procedures set forth in ARTICLE VI. Since the University student conduct process is educational in nature, differing judgments may result.
      3. University student conduct proceedings may be instituted against a student charged with a violation of law which is also a violation of The Student Code of Conduct; for example, if both violations result from the same factual situation, without regard to the pendency of civil litigation in court or criminal arrest and prosecution. Proceedings under The Student Code of Conduct may be carried out prior to, simultaneously with, or following civil or criminal proceedings off campus.
      4. When a student is charged by federal, state, or local authorities with a violation of law, the University will not request or agree to special consideration for that individual because of that person’s status as a student. The University will cooperate, to the extent permitted by law, with law enforcement and other agencies in the enforcement of all laws.
         
    23. Weapons
      • Illegal or unauthorized possession of firearms, fireworks, explosives, other weapons, or dangerous chemicals on University premises or use of any such item, even if legally possessed, in a manner that harms, threatens, or causes fear to others.
  • Article IV.  Student Conduct Procedures

    Section A. General

    This overview gives a general idea of how the University’s campus student conduct proceedings work, but it should be noted that not all situations are of the same severity or complexity.  Thus, while consistency in similar situations is a priority, these procedures are flexible, and are not exactly the same in every situation.

    1. These proceedings are administrative procedures and do not follow the specific steps, methods, or standards of proof of evidence used in civil or criminal courts.
    2. Any member of the University community may report violations of The Student Code of Conduct alleging student and/or student group/organization misconduct.  The report shall be prepared in writing and directed to the Student Conduct Officer.  A report of a violation of The Student Code of Conduct shall be submitted as soon as possible after the incident occurs, but not later than thirty (30) days following the University becoming aware of an incident.  Exceptions to this limitation period will be reviewed by the Student Conduct Administrator and may be granted at their discretion.
    3. The Student Conduct Officer shall review reports of violation(s) and may initiate investigations of possible violation(s) of The Student Code of Conduct to determine if the charges have merit.  In reviewing the reports, the Student Conduct Officer will determine whether the alleged violation(s) may be resolved through a conduct conference or a conduct hearing.  Students or groups/organizations that might be subject to University suspension or expulsion shall automatically be provided a hearing before a Hearing Panel.
    4. The standard of proof utilized in all University student conduct proceedings shall be a preponderance of evidence, i.e., more likely than not that the alleged conduct occurred.

     

    Section B. Student Conduct Conference

    Any student, student group, or student organization (hereinafter referred to as the respondent) who has been charged with an alleged violation of the Student Conduct Standards section of The Student Code of Conduct (Article III) will first be scheduled for a Conduct Conference with the Student Conduct Officer or Deputy Conduct Officer assigned to review the allegation.  The respondent will be notified in writing of the date, time, and location of the Conduct Conference.  Written notification will include:

    1. the specific charges pending against the respondent;
    2. a brief summary of the referral;
    3. statement of rights and responsibilities; and
    4. if applicable, a statement notifying the respondent that the alleged conduct is significant enough that they may face suspension or expulsion if the charge is substantiated.

    The Conduct Conference is the first step in The Student Code of Conduct Process, and serves to provide the respondent with the opportunity to discuss the allegations that led to the referral.  The respondent will receive more information regarding the student conduct process, clarification of their rights and options, the ability to inspect and review all relevant information as well as a range of potential sanctions for the violation in question should the charges be substantiated.  After a discussion regarding the incident and review of relevant information, the respondent will have an opportunity to accept or deny responsibility for the charge(s).  If the respondent accepts responsibility for the charge(s), the Student Conduct Officer will sanction the respondent as part of the Conduct Conference.  The respondent will be asked to sign the Student Conduct Agreement, which will outline all of the sanctions offered to the respondent.  While the respondent may sign the form immediately, they have up to three (3) University working days to do so.  The respondent has the option to accept the charge but contest the sanction or agree to both the charge and sanction.  Once the respondent signs a Student Conduct Agreement, the decision is final and there is no appeal process.

    If the respondent denies responsibility for one (1) or more of the charges, the Conduct Officer will proceed to schedule a hearing for the student.

     

    Section C. Student Conduct Board Hearing

    The purpose of a hearing is to provide an equitable forum for the review of the available information regarding an alleged incident of misconduct.  The Student Conduct Board Hearing Panel will decide by the preponderance of evidence whether or not the respondent is found responsible for the charge(s).  All hearings are closed to the public, with the exception of advisors for the complainant and respondent.  All parties directly participating in the hearing (the respondent, Conduct Officer, and complainant) may remain present the entire time, excluding deliberations.

    Student Conduct Board Hearings are presided over by a panel of members of the Student Conduct Board.  Each hearing panel will include a Cahirperson (Chair).  The Chair is responsible for keeping the proceedings moving forward.  If the respondent fails to appear at a scheduled Student Conduct Board Hearing and the absence is not excused, the hearing may proceed in the respondent’s absence or may be rescheduled at the discretion of the Chair.  Each hearing panel is assigned a hearing panel advisor.  The role of the advisor is to ensure the conduct process is adhered to and to answer procedural questions posed by any party during the hearing.  The hearing board advisor will also keep the proceedings focused on issues relevant to the specific allegations.  The advisor will not participate in a determination of a finding or sanction.  However, the advisor may be summoned by the hearing panel members during deliberations to answer questions regarding the conduct process.

     

    Section D. Hearing Procedures

    1. Guidelines
      1. The Chair of the Student Conduct Board will explain the respondent’s rights and responsibilities, and, if applicable, the complainant’s rights and responsibilities.
      2. The Chair (in conjunction with the hearing panel advisor, if applicable), is responsible for assuring that these rights as well as the process described in this section are adhered to during the hearing.
      3. The respondent or the complainant (if applicable) may ask for the removal of a member of the hearing panel by providing written or verbal evidence of bias. The charge of bias is made to the Chair who will determine whether it is valid. If the charge of bias is against the Chair, the hearing advisor shall decide whether it is valid. If bias is found, the hearing will be rescheduled.
      4. The Conduct Officer may ask questions of any party at any time throughout the hearing.
      5. The Chair is responsible for determining the relevancy of questions asked during a hearing. The Chair may deem certain questions irrelevant and not allow them to be answered. In Student Conduct Board hearings, the hearing panel advisor may assist the Chair in those determinations.
      6. The Chair may exclude persons from the hearing if they are disruptive, or postpone the hearing because of disruptive behavior of participants or observers.
    2. Introduction
      1. Each party in the room will introduce themselves and explain their role in the hearing.
      2. The Chair will ask the Conduct Officer to briefly explain why they have requested the hearing.
    3. Presentation of Information
      1. Following the introduction, the Conduct Officer will provide the hearing panel with a detailed summary of the incident and, if applicable, any subsequent investigation.
      2. If there is a complainant, the complainant will then have an opportunity to provide the hearing panel with a summary of their role and perspective on the incident. The complainant may be represented by the Conduct Officer.
      3. The Chair will then ask the respondent to describe their involvement in the matter at hand as it pertains to the charges being considered in the hearing. The Student Conduct Officer may question the respondent at this time.
      4. The Conduct Officer will then present any relevant witnesses or documentary information to the hearing panel. The hearing panel, respondent, and complainant (if applicable) will each in turn have the opportunity to ask questions regarding the information presented.
      5. The respondent will then present any relevant witnesses or documentary information to the hearing panel. The hearing panel and the Conduct Officer will each in turn have the opportunity to ask questions regarding the information presented.
      6. The Conduct Officer will have an opportunity to make a summary statement.
      7. The complainant, if applicable, will have an opportunity to make a summary statement.
      8. The respondent will have an opportunity to make a summary statement.
    4. Deliberation and Finding
      1. The hearing panel will go into closed session to determine by the preponderance of evidence whether the respondent will be found in violation of the charges pending in this matter. The hearing panel determines findings by majority vote.
      2. The hearing will re-convene for the announcement of the findings. If the respondent is found not responsible for the violation(s), the case will be dismissed. If the respondent is found responsible for a violation of one (1) or more of the pending charges, the hearing will proceed to sanctioning.
    5. Sanctioning
      1. The Conduct Officer will give an overview of the respondent’s disciplinary history, if any.
      2. If the respondent was presented with a possible sanction during their Student Conduct Conference, the Conduct Officer will share that proposed sanction with the hearing panel.
      3. The hearing panel will consider the following in determining a sanction:
             (i)   statements and evidence presented at the hearing;
             (ii)  seriousness of the violation;
             (iii) prior disciplinary record of the respondent; and;
             (iv) disciplinary precedent.
      4. The hearing panel will go into closed session to determine sanction(s).
      5. The hearing will reconvene for the announcement of the sanction. In Student Conduct Board hearings, the sanction is recommended to the Associate Vice President for Student Experience or their designee, who will make the final decision. While normally the hearing panel's recommendation will be the sanction imposed, the Associate Vice President for Student Experience or their designee may impose a different sanction. The Associate Vice President for Student Experience or their designee will send the respondent written notification of the decision, copying all parties involved.

     

    Section E. Student Rights and Responsibilities

    The following rights and responsibilities apply to those involved in a matter being addressed by the student conduct process.

    1. Rights of Respondent – All respondents in the student conduct process have the following rights:
      1. Written notice of the charge(s) made against them and the basis of the allegation that led to the charge(s).
      2. In matters that could result in a sanction of suspension or expulsion, the above mentioned notification will alert the respondent to the possible severity of the outcome.
      3. The right to an advisor.
      4. To request reasonable accommodations due to disability, as outlined in Article IV. F.
      5. Reasonable access to inspect and review their own case file, which includes all information that would be used during the conduct process, to the extent permitted by confidentiality laws.
      6. Explanation of the resolution options available to them through the conduct process.
      7. To be presumed not responsible for a violation of prohibited conduct until found in violation by a preponderance of the evidence.
      8. To speak or not speak on their own behalf.
      9. The opportunity to respond to information used as part of the decision-making process.
      10. To deny responsibility for the charge(s) facing them and request a hearing.
      11. To question any witness that participates as part of a hearing.
      12. The right to appeal.
      13. To waive any of the above stated rights provided that the waiver is made freely and in writing.
    2. Rights of the Complainant – All complainants in the conduct process have the following rights:
      1. To pursue criminal or civil charges where a legal case exists (without University assistance).
      2. Explanation of the resolution options available to them through the conduct process.
      3. To be free from harassment and intimidation from respondent(s) and others as they engage in this process.
      4. The right to an advisor.
      5. To request reasonable accommodations due to disability can be found under Article IV. F.
      6. To provide information for consideration during the conduct process, and to know the results of the process to the extent allowed under federal laws and University policies.
      7. The opportunity to appear at any hearing that may take place in order to provide relevant information.
      8. The opportunity to submit a written impact statement for use in a hearing, even if the complainant chooses not to attend the hearing.
    3. Responsibilities of respondents, complainants, and witnesses – All respondents, complainants, and witnesses in the conduct process have the following responsibilities:
      1. To be honest and forthright in all information they provide during the conduct process. Presenting false and misleading information during this process is a violation of Student Conduct Standards as outlined in Article III. 5. b.
      2. To attend all scheduled meetings, conferences, or hearings, unless alternate arrangements are made in advance.
      3. To refrain from disruption of the hearing process. Disruption of this process is a violation of Student Conduct Standards as outlined in Article III. 6.
      4. Respondents have the responsibility to prepare and present their entire case as well as secure the presence of any witnesses who will speak on their behalf.

     

    Section F. Reasonable Accommodation for Students with Disabilities

    Any student with a disability involved in this process has the right to request reasonable accommodations in order to ensure their full and equal participation.  Students wishing to request reasonable accommodations should make those requests directly to the Center for Student Progress (CSP) Disability Services.  Students do not have to disclose information about the complaint or charge to CSP Disability Services to request reasonable accommodation, except to the extent that it may assist in the determination of reasonable accommodations.  Accommodations are determined on an individual basis by CSP Disabilities Services staff and implemented in consultation with the Office of Student Conduct.  Examples of reasonable accommodations include, but are not limited to, sign language interpretation, real-time communication access during hearings, large print documents, extended time to review documents, or assistance with transcribing questions during interviews or hearings.

     

    Section G. Sanctions

    If the student or student group/organization is found responsible for a violation of a policy sanctions will be issued.  A conduct sanction imposed or other action taken by any Student Conduct Body shall become effective upon written notification to the respondent. The notification will be sent to the respondent’s official University email account. In cases involving a student group/organization notification will be sent to the official University email account for the President or student group/organization leader. The decision of a Student Conduct Body may be appealed, as outlined in ARTICLE IV. I. of this document. If the respondent files a request for appeal, and if the appeal is denied, the sanction shall take effect upon exhaustion of the appeals process and shall be retroactive to the effective date stated in the original notification to the respondent.  

    1. The following sanctions may be imposed upon any student who has been found responsible for a violation of The Student Code of Conduct. Sanctions are typically issued in a progressive fashion, however each situation differs, and many factors, including the severity of the violation and the impact of the violation on the campus community will be taken into consideration in determining sanctioning.
      1. Warning: A written notification statement that the student is violating or has violated The Student Code of Conduct. Continuation or repetition of inappropriate conduct may be cause for increased sanctioning.
      2. Conduct Probation: Notice in writing that the violation of The Student Code of Conduct is serious and that any subsequent violation of University regulations may result in imposition of additional restrictions or conditions, suspension, or expulsion.
      3. Conduct Probation with Restrictions: Notice in writing that the violation of University regulations is serious and that any subsequent violation of The Student Code of Conduct may result in suspension or expulsion. In addition, an order preventing the student from holding University elective office, student employment, participating in any intercollegiate activity or sport, participating in any University sponsored program/organization, or representing the University in any other manner will be attached to this sanction.
      4. Restitution: Compensation for loss, damage, or injury. This may take the form of appropriate service, or monetary or material replacement.
      5. Educational Sanctions: Other sanctions may be imposed instead of, or in addition to, those specified above. These may include community service, counseling, educational assignments, or other similar sanctions designed to assist the respondent in reflecting upon their behavior and the impact of their behavior on self or others.
      6. Deferred Suspension: Separation of the student from the University and/or residence halls is deferred for a specified period of time. If the student is found responsible for any subsequent violations of The Student Code of Conduct, the suspension takes effect immediately and may not be appealed.
      7. Residence Hall Suspension: Separation of the student from the residence halls for a specified period of time after which time the student is eligible to return. During the suspension period, the student is prohibited from accessing any University housing facilities. This may include residential dining facilities.
      8. University Suspension: Separation of the student from the University for a specified period of time after which time the student is eligible to return. During the suspension period, the student does not have access to the University, including any campus facilities, any campus programs or activities, and any class sessions. This may include residential dining facilities.
      9. Residence Hall Expulsion: Permanent separation of the student from the residence halls. An expulsion denies the student access to all University housing facilities on a permanent basis. This may include residential dining facilities.
      10. University Expulsion: Permanent separation of the student from the University. An expulsion denies the student access to the University, including any campus facilities, any campus programs or activities, and any class sessions on a permanent basis.
      11. Revocation of Admission and/or Degree: Revocation of admission to or awarding of a degree from the University for fraud, misrepresentation, or other violation of University standards in obtaining the degree, or for serious violations committed by a student prior to graduation.
      12. Withholding Degree: Withholding the awarding of a degree otherwise earned until the completion of the process set forth in The Student Code of Conduct, including the completion of all sanctions imposed, if any.
      13. Fines: Fines for violations of The Student Code of Conduct will be assessed and charged to the student’s account. A list of fines for all violations will be determined at the discretion of the Associate Vice President for Student Experience, who will submit a list of the fines structure to the YSU Board of Trustees for approval on an annual basis. The fines structure must be included as a part of The Student Code of Conduct when published and presented to students.
    2. More than one of the sanctions listed above may be imposed for any single violation.
    3. The following sanctions may be imposed upon student groups/organizations:
      1. Those sanctions as outlined in ARTICLE IV. G. 1. (a) through (m) of this document.
      2. Deactivation: Loss of all privileges, including University recognition, for a specified period of time.
    4. In each case in which a Student Conduct Body determines that a student or student group/organization has violated The Student Code of Conduct, the sanction(s) shall be determined and imposed by the same Student Conduct Body. The Student Conduct Administrator shall be responsible for ensuring that sanctions imposed by hearing panels and Conduct Officers are consistent with the violation and sanctions imposed for similar violations in other similar cases.

     

    Section H. Interim Measures

    In certain circumstances, the Associate Vice President for Student Experience may impose an interim measure prior to a hearing or student conduct conference, which may include, but is not limitied to, University or Residential Suspension.

    1. Interim suspension may be imposed only:
      1. to ensure the safety and well-being of members of the University community or to preserve University property;
      2. to ensure the student’s own physical or emotional safety and well-being;
      3. if the student poses a threat of disruption or interference with the normal operations of the University; or
      4. if a student is charged with the commission of a criminal offense as defined in the Revised Code, Section 2901.01.
    2. In the event that an interim suspension is imposed, the student or group/organization will be notified either in person, or by regular US or certified mail of the cause for suspension. The student will also be notified by email to their current University email address. The interim suspension becomes effective immediately upon notification. A hearing panel will convene as expeditiously as possible to review the case. The hearing will follow the procedures outlined in Article IV. D. and may proceed before, during, or after any criminal proceedings.
    3. During the interim suspension, the student or group/organization shall be denied access to all residential facilities, and/or to the campus (including classes), and/or all other University activities, and/or privileges for which the student or group/organization might otherwise be eligible, unless determined otherwise by the Student Conduct Administrator.

     

    Section I. Appeals

    1. The decision or sanction imposed by a Student Conduct Body may be appealed by the respondent or complainant (“the Appellant”) within seven (7) days of notification of the decision.  If an appeal is not received within this time frame, the decision reached by the Student Conduct Body will be final.
    2. Appeals shall be in writing and shall be mailed or delivered to the Office of Student Conduct.  The request for appeal should indicate the grounds on which the decision is being appealed referencing at least one (1) of the grounds for the appeal (see below) along with supporting information.
    3. Once a request for appeal has been submitted, until the appeal decision has been communicated to the Appellant (the person or entity requesting the appeal), all sanctions, except any issued as interim measures, including interim suspensions, will be held in abeyance.  The burden of proof rests with the Appellant.
    4. Appeals are not a re-hearing of the student conduct case.  Except as required to explain the basis of new evidence, an appeal shall be limited to review of the record of the initial hearing and supporting documents for one (1) or more of the following grounds:
      1. A claim that the original hearing was conducted in violation of procedural requirements set forth in The Student Code of Conduct, and to determine whether these violations could have affected the outcome of the hearing.
      2. A claim that the decision reached regarding the respondent did not have a reasonable basis, and that it was not based on proof by a preponderance of the evidence.
      3. A claim that the sanctioning was disproportionate and without basis based on the violation of The Student Code of Conduct for which the respondent was found responsible.
      4. A claim that there is new information sufficient to alter a decision, or other relevant facts not brought out in the original hearing, because such information and/or facts were not known by the Appellant at the time of the original hearing.
    5. The Appellant may, in preparing the request for appeal, have access to records of the case which must be reviewed in the Office of Student Conduct.
    6. Appeals of decisions or sanctions imposed by a Conduct Officer will be reviewed by the Student Conduct Administrator. Appeals of decisions or sanctions by a hearing panel will be reviewed by an appellate panel. An appellate panel is composed of three (3) members from the Student Conduct Board, as selected by the Student Conduct Administrator.
    7. The appellate panel or the Student Conduct Administrator will review the appeal to determine whether one (1) of the grounds listed above has been met.
    8. If an appellate panel or Student Conduct Administrator determines that an appeal has met the grounds, the following options are available:
      1. The case may be remanded for reconsideration.
      2. The appellate panel may reverse the finding of responsibility, in whole or in part.
      3. The appellate panel may uphold, reduce, or increase the sanctions.
      4. The appellate panel may dismiss the appeal if the appeal is not based upon one (1) of the grounds listed above.
    9. The decision of the appellate panel or Student Conduct Administrator after an appellate review is final.

     

    Section J. Conduct Procedures for University Housing

    Deputy Conduct Officers have been designated by the Student Conduct Administrator to review misconduct cases originating within University Housing.

    1. The responsibility for the enforcement of rules and regulations governing student conduct in the residential facilities, as outlined in the Resident Handbook, is delegated by the Student Conduct Administrator to a Deputy Conduct Officer.
    2. Any student, faculty member, or University official may file a written report against any student  for misconduct within the residential facilities, campus dining facilities, or at any residential function.
    3. Upon receipt of a written report, the Deputy Conduct Officer will conduct an investigation to determine whether there is reasonable cause to believe that a violation of The Student Code of Conduct may have occurred.  If so, the Deputy Conduct Officer will follow the procedures outlined in Article IV. Section D of The Student Code of Conduct.

     

    Section K. Student Conduct Record

    The Office of Student Conduct shall maintain all student conduct records of information received and action taken by the respective Student Conduct Bodies.

    1. Conduct sanctions shall not be made part of the student’s academic record but shall become part of the student’s conduct record.  Student conduct records shall be expunged seven (7) years after final disposition of the case with the exception of residential expulsions, university suspension of a student, and revocation or withholding of a degree which shall be expunged fifteen (15) years after final disposition of the case. University expulsion and  university suspension of a student organization conduct records shall be kept indefinitely.  Upon graduation, the student may petition the Student Conduct Officer for removal of all files contained in his or her student conduct records.  The student may appeal a negative response of the Student Conduct Officer and/or the Student Conduct Board to the Student Conduct Administrator.
    2. All material gathered from a substantiated conduct case (residential, academic, and other) shall become part of any new case against the same individual(s) after the new charges have been substantiated.
    3. Student conduct records are maintained only in the names of students found to have violated The Student Code of Conduct.

     

    Section L. Special Procedures

    To ensure continued participation of students, faculty, and administration in the student conduct process, and to ensure speedy disposition of conduct cases, the President of the University is empowered to develop a subcommittee structure in the event of a large number of student conduct cases.  Such subcommittee shall be empowered to hear and dispose of cases in accordance with the provisions of The Student Code of Conduct and shall ensure that all elements of procedural due process delineated in this article are observed.

  • Article V.  Academic Integrity

    Academic honesty is essential to the educational process and serves to protect the integrity of the University community. Therefore, all members of the University community have a responsibility for maintaining high standards of honesty and ethical practice. Cheating, plagiarism, and other forms of academic dishonesty constitute a serious violation of University policy, as outlined in ARTICLE III. 1. of this document. Students should consult with the faculty member if they are not sure what may constitute a violation of the academic integrity policy.  

    Students suspected of violations of the academic integrity policy may be charged with a violation of University policy under the Student Conduct Standards, as outlined in ARTICLE III. 1. of this document.  Cases of alleged violations of the academic integrity policy shall be resolved as outlined below.

    The process outlined below is the only approved process by which faculty members can address alleged violations of the academic integrity policy. Failure to follow this process or use of any process other than this will result in nullification of any charges against the student and nullification of any sanctions levied against the student. If, following nullification of the charges and sanctions, the faculty member refuses to rectify any impacted grades or assignments, the student has the right to file a grievance against the faculty member. Any internal college, department, or program processes used to address alleged violations of policy or concerns about student conduct are secondary to the processes outlined herein.

     

    Section A. Academic Integrity Conference

    1. After the faculty member has gathered evidence of a possible violation, they shall notify the student within 48 hours in writing, via University email, of the allegations and invite the student to participate in an academic integrity conference. The faculty member and student may hold the conference without written notification. The academic integrity conference shall occur within five (5) University working days of the written notification to the student.
      1. The academic integrity conference is the first step in this process, and serves to provide the student with the opportunity to discuss the allegations made by the faculty member. During this meeting, the student should have the opportunity to address the allegations, and to review all relevant information and documentation to the allegations.
      2. In situations where the course is taught primarily online and/or where the student is unable to be physically present for the academic integrity conference, the meeting may be conducted via email, phone, or Skype, as appropriate. The faculty member may consult with the Judicial Chair of the Academic Grievance Subcommittee or the Office of Student Conduct for direction in such situations.
    2. If, after meeting with the student, the faculty member determines that no violation of the academic integrity policy occurred and/or the student is not responsible for a violation of the academic integrity policy, the faculty member can dismiss the charges by not filing the Academic Integrity Form.
    3. If the faculty member concludes that the student is responsible for a violation of the academic integrity policy, the faculty member shall select an appropriate sanction, as outlined in ARTICLE V. 3. of this document, and will complete the Academic Integrity Form. While the student may sign the form immediately, they have up to five (5) University working days to do so. The student has the option to accept the charge but contest the sanction, or they can agree to both the charge and sanction.
      1. If the student signs the Academic Integrity Form, acknowledging responsibility for the alleged violation and accepting the sanction, the decision is final and there is no appeal process.
      2. The student will return the form to the faculty member. The faculty member will sign the form, and will submit copies of any documentation or statements with the Academic Integrity Form.
      3. The faculty member will forward the form to the departmental chairperson for their signature, acknowledging the case has been brought to their attention. The chairperson has the option to submit a written statement to be included with the Academic Integrity Form.
      4. The chairperson will then forward the form and all documents to the dean for their signature, acknowledging the case has been brought to their attention. The dean has the option to submit a written statement to be included with the Academic Integrity Form.
      5. The dean will then forward the form and all documents to the Office of Student Conduct to be placed in the student’s file.
      6. The dean of the College of Graduate Studies will be notified and provided a copy of the form and all documents for cases involving graduate students.
    4. No further action is required unless the recommended sanction includes program removal, suspension, or expulsion. In cases where one of these sanctions is recommended, the case will be forwarded to the Judicial Chair of the Academic Grievance Committee for review.

     

    Section B. Failure to Appear, Respond, or Sign

    1. If the student fails to respond to the faculty member’s request for an academic integrity conference, or fails to attend an academic integrity conference within five (5) University working days of notice by the faculty member, the following will occur:
      1. The faculty member will complete and sign the Academic Integrity Form without the student’s signature. They will then submit the form along with copies of any documentation or statements to the chairperson for their signature, acknowledging the case has been brought to their attention. The chairperson has the option to submit a written statement to be included with the form.
      2. The chairperson will then forward the form and all documents to the dean for their signature, acknowledging the case has been brought to their attention. The dean has the option to submit a written statement to be included with the form.
      3. The dean will then forward the form and all documents to the Office of Student Conduct to be placed in the student’s file. The Office of Student Conduct will then forward the Academic Integrity Form and all documents to the Judicial Chair of the Academic Grievance Committee for further action, as outlined in ARTICLE V. C. of this document (below).
    2. If the student declines to accept responsibility for the charges, and/or declines to accept the sanctions selected by the faculty member, the faculty member should complete the form as outlined above in ARTICLE V. B. 1. (a) to (c). The case will then be forwarded to the Judicial Chair of the Academic Grievance Committee for further action, as outlined in ARTICLE V. C. of this document (below).

     

    Section C. Academic Grievance Committee Referrals

    1. If the student declines to accept responsibility for the charges, and/or declines to accept the sanctions selected by the faculty member, the case will be referred to the Office of Student Conduct and forwarded to the Judicial Chair to initiate a hearing before the Academic Grievance Committee.
    2. Regardless of whether the Academic Integrity Form is signed, in cases where program removal, suspension, or expulsion is recommended by the faculty member, the case will referred to the Office of Student Conduct and forwarded to the Judicial Chair to initiate a hearing before the Academic Grievance Committee.
    3. A representative from the Office of Student Conduct must be present at all such hearings to serve in an advisory capacity.

     

    Section D. Academic Grievance Subcommittee Membership

    1. Judicial Chair: Associate Provost for Academic Administration or designee appointed by the Provost.
    2. Faculty members are appointed by the Academic Senate and serve a two (2) year term. One (1) faculty member shall be selected from each of the six (6) colleges. At least three (3) of these appointees will have graduate faculty status.
      1. In cases involving graduate mattes, only graduate faculty will be appointed. Six (6) faculty members with graduate faculty status will be appointed by graduate council to hear cases involving graduate students.
    3. Undergraduate student members are appointed by the Associate Vice President for Student Experiences and serve a two (2) year term. In addition, six (6) graduate students (preferably one from each college) will be appointed by the graduate council to hear cases involving graduate students.
      1. Students must complete an application, available through the Office of Student Conduct.
      2. One (1) undergraduate member is selected from each of the six (6) Colleges.
      3. Students must have a minimum GPA of 2.5 for undergraduate students and 3.0 for graduate students.
      4. Students must not have a previous student conduct record.
      5. Students should be sophomore status or above.

     

    Section E. Academic Grievance Committee Hearing Procedures

    1. In cases where the student failed to respond to a request from the faculty member for an academic integrity conference, cases where the student failed to return the signed Academic Integrity Form to the faculty member within the given timeframe, cases wherein the student disputes the charges or sanctions, or in cases when the faculty member recommends program removal, suspension, or expulsion, a hearing by the Academic Grievance Committee is initiated.
    2. Within five (5) University working days of receiving the Academic Integrity Form and any supporting documentation or evidence from the faculty member, the Judicial Chair shall contact the student involved and request a statement and any documentation or evidence they would like to have considered in the hearing. The student will have five (5) University working days to submit these items to the Judicial Chair.
    3. Within two (2) University working days of receiving the statement and evidence, the Judicial Chair shall distribute copies of the Academic Integrity Form and any documentation or evidence produced by the student and faculty member to the Academic Grievance Committee members, the student, faculty member, department chairperson, and appropriate dean. The Academic Integrity Form, course syllabus (submitted by the faculty member, student, or both), and any documentation or evidence produced by the student, faculty member, chairperson, or dean compose the Academic Integrity Packet.
    4. A date, time, and location for the Academic Grievance Committee hearing will be established by the Judicial Chair. Academic Grievance Committee members shall have a minimum of three (3) University working days to review all written materials in the Academic Integrity Packet. The hearing notice shall be sent to the parties directly involved in the grievance procedure, excluding advisors and witnesses.  The parties directly involved include:
      1. Faculty/Student: The party who files the Academic Integrity Form and the party who is alleged to have violated the academic integrity policy. If either party cannot or refuses to attend the hearing, they may provide written statements to be submitted for evidence. Faculty members are permitted to have a substitute who will exercise all the rights and responsibilities of the absent faculty member.
      2. Department Chairperson: The chairperson of the department in which the faculty member resides. The chairperson’s attendance is optional. If the chairperson is in attendance, they will be brought in to speak to the hearing panel after the presentation of information by the faculty member and student, and without the faculty member or student present. The chairperson’s role in the hearing is to provide information on any knowledge they have of the case, as well as to provide insight into and clarify any questions regarding the particular culture of the department or expectations of students in the department.
      3. Dean: The dean of the college in which the faculty member’s department is housed. The dean’s attendance is optional. If the dean is in attendance, they will be brought in to speak to the hearing panel after the presentation of information by the faculty member and student, and without the faculty member or student present. The dean’s role in the hearing is to provide information on any knowledge they have of the case, as well as to provide insight into and clarify any questions regarding the particular culture of the department or expectations of students in the department.
      4. Academic Grievance Committee hearing panel members: Derived from the membership of the Student Academic Grievance Committee of the Academic Senate. At minimum each hearing panel consists of three (3) faculty members, three (3) students, and the Judicial Chair. In hearings involving allegations against a graduate student, the graduate college representatives shall be included as members of the hearing panel. The hearing panel conducts the hearing and renders a decision..
        • No member of a hearing panel will hear a case directly involving themselves
      5. Advisors: The student and the faculty member may each avail themselves of the services of an advisor throughout the process. An advisor may be drawn from within or outside the University community. Advisors may not present testimony or speak on behalf of the party whom they are advising. They are permitted, however, to give notes or whisper instructions/advice to the party whom they are advising. The advisor for the faculty member or student may not be the chairperson or dean for the college in which the faculty member or student is housed. In situations where a graduate assistant is considered the instructor of record and is the party who submitted the Academic Integrity Form, the chairperson may serve as an advisor to the graduate assistant and is permitted to stay throughout the hearing.
        • In cases where the student is a dually enrolled high school and YSU student (through Youngstown Early College or the College Credit Plus program) the student may have both a parent and a secondary advisor present for the hearing.
      6. Witness(es): Witnesses who have something to add to the hearing either in support of the faculty member or student are permitted. While the number of witnesses is not limited, the number that present repetitive testimony may be limited at the discretion of the Judicial Chair.
    5. If the student or faculty member is unable to be physically present for the hearing, then both the faculty member and student will be made available for the hearing through the same electronic means in order to provide equal treatment to all parties. This may include either teleconference or Skype, as deemed appropriate by the Judicial Chair.

     

    Section F. Rights of Hearing Participants

    1. The following rights are guaranteed to the student and the faculty member:
      1. The right to be present.
      2. The right to be accompanied by an advisor of their choice.
      3. The right to speak in support of their argument.
      4. The right to bring witnesses in support of their case.
      5. The right to present any pertinent information directly supporting the written items in the Academic Integrity Packet, including oral testimony.
      6. The right to refute information presented.
      7. The right to consult with the Judicial Chair or the Office of Student Conduct regarding the hearing, their testimony, or the presentation of any information in support of their case.
    2. The Judicial Chair has the right to:
      1. Limit the amount of time testimony is presented by any given individual.
      2. Remove disruptive individuals from the room.
      3. Ensure that only the members of the hearing panel, student, faculty member, and appropriate advisors are present in the room.
      4. Ensure that all witnesses remain outside the hearing room and are brought in and dismissed after their testimony is presented.
      5. Extend the timeline for the hearing process.

     

    Section G. Deliberation and Findings

    1. The hearing panel shall meet in closed session to review the information presented and reach a decision.  The hearing panel shall vote using secret ballots tallied by the Judicial Chair. The Judicial Chair will only vote in circumstances of a tie among the hearing panel members.
    2. If the hearing panel determines that the student is responsible for a violation of the academic integrity policy, the hearing panel may consider previously resolved cases (on file with the Office of Student Conduct) involving the student when assigning an appropriate sanction. The Judicial Chair will present such information to the hearing panel only after a determination of responsibility on the case in question has been reached.
      1. The standard of proof utilized in all University student conduct proceedings shall be a preponderance of evidence. Preponderance of the evidence is known as the balance of probabilities, met if the proposition is more likely to be true than not true. Effectively, the standard is satisfied if there is greater than 50 percent chance that the proposition is true.
    3. Both parties shall be informed of the hearing panel’s decision in writing within three (3) University working days. This statement shall be prepared and signed by the Judicial Chair and forwarded to the Office of Student Conduct, Graduate School Dean when appropriate, Provost, and all parties directly involved in the hearing, except advisors and witnesses.
      1. Notice of the hearing panel’s decision ends the Academic Grievance Committee's involvement in the disposition of the case.
    4. A file of all pertinent documents for all hearings shall be kept by the Office of the Provost and the Office of Student Conduct.
    5. Any change of grade as a result of the hearing panel’s decision should be made by the faculty member and signed by the respective chairperson and/or dean within five (5) University working days. If the faculty member, chairperson and/or dean refuse to sign the grade change form, then the Provost will do so.

     

    Section H. Appeals

    1. Only students may appeal the decision of the Academic Grievance Committee for cases involving alleged violations of the academic integrity policy. The appeal can only be based on procedural violations and must be submitted within five (5) University working days from the date on which the student was notified of the hearing panel’s decision. The request for an appeal is submitted in writing to the Judicial Chair.
    2. The Judicial Chair will forward the written appeal to the Academic Senate Executive Committee within two (2) University working days.
      1. If the Academic Senate Executive Committee determines that no procedural violations occurred, or that any procedural violations were minor and did not affect the original hearing panel’s decision, the original hearing panel’s decision is upheld and the case is closed.
      2. If the Academic Senate Executive Committee determines that procedural violations may have occurred and were potentially substantive enough to have affected the hearing panel’s decision, the case will be referred to a three-person appellate hearing panel consisting of one (1) student and two (2) faculty members. This appellate hearing will take place within twelve (12) University working days of receipt of the written appeal.
    3. Appellate Hearing Panel
      1. No member of the appellate hearing panel will hear a case directly affecting themselves.
      2. Prior to the appellate hearing, members of the appellate hearing panel shall review all relevant documents.
      3. The chair of the appellate hearing panel shall inform both parties of the decision as soon as reasonably possible. A written statement of the decision shall be prepared and signed by the chair of the appellate hearing panel, forwarded to the student, faculty member, Office of Student Conduct, and the Office of the Provost within five (5) University working days of the decision via University email.
      4. A file of all pertinent documents for all appeals shall be kept by the Office of Student Conduct and/or the Office of the Provost.
      5. The decision reached by the appellate hearing panel is final and may not be appealed.
    4. At the discretion of the chair of the appellate hearing panel, the timeline under the appeal process may be extended.
    5. If the appeal results in a grade change, the grade change form should be completed by the faculty member and signed by the respective chairperson and/or dean within three (3) University working days. If the faculty member, chairperson, and/or dean refuse to sign the grade change form, then the Provost will do so.

     

    Section I. Sanctions

    A list of possible sanctions and guide to selecting sanctions is available in the appendices. Sanctions for violations of the academic integrity policy may include, but are not limited to, the following:

    1. Issuing an official warning.
    2. Lowering the grade on the exam, paper, or assignment in question.
    3. Lowering the final grade for the course.
    4. Requesting additional action from the Academic Grievance Committee, including removal from a course, removal from an academic program, University suspension, or expulsion.
    5. Other sanctions, as deemed appropriate by the faculty member. The faculty member may consult with the Judicial Chair, Office of Student Conduct, chairperson, or dean regarding appropriate sanctions.

     

    Section J. Role of the Student Conduct Administrator

    The Student Conduct Administrator or designee has the following responsibilities with regards to all cases involving alleged violations of the academic integrity policy:

    1. To create/maintain a student conduct file containing the completed Academic Integrity Form and all supporting documents.
    2. To expunge all records as outlined in ARTICLE IV. K. of this document.
    3. In cases where the Academic Integrity Form is completed by all parties, they will acknowledge receipt of this form by emailing the student, faculty member, chairperson, and dean with a letter that details the resolution of the case.
    4. In cases where the student already has been found responsible for a previous academic integrity violation, any additional violations will result in a review of all cases by the Office of Student Conduct for possible additional charges and sanctioning.
  • Article VI.  Ohio Revised Code Section 3345.22: “1219” Hearing Process

    Section A. Background: Disruptive Behavior and the “1219” Procedure

    The Ohio Campus Disruption Act, also known as Ohio House Bill 1219, is codified in Revised Code sections 3345.22 and 3345.23.  The purpose of the law is to protect University students, faculty, staff, and other members of the campus community from crimes of violence committed in the vicinity of the University or upon people or property at the University.

    A “1219” hearing is appropriate when a student is arrested for a crime of violence committed on or near the University.  If a student is convicted of an offense of violence that occurred on or near the University, the student will be automatically suspended under Revised Code 3345.23.  The purpose of the "1219" hearing is to remove students from campus that may be a threat to the safety and security of the student body and campus community.

     

    Section B. Definition of a Crime of Violence

    There are over 30 crimes of violence that would be considered violations of the “1219” law including, but not limited to, the following:  Arson, Assault, Burglary, Domestic Violence, Discharged Firearm, Felonious Assault, Gross Sexual Imposition, Inciting to Violence, Inducing Panic, Intimidation, Kidnapping, Menacing, Murder, Rape, Riot, Robbery, Sexual Battery, and Voluntary Manslaughter.

     

    Section C. Jurisdiction of the “1219” Hearing

    1. If a student is arrested for a crime of violence listed in the law, he/she may be temporarily suspended from the University according to The Student Code of Conduct, ARTICLE IV Section H, which is referred to as an Interim Suspension.  The Interim Suspension will last during the process of the “1219” hearing and continues until the student meets with the Office of Student Conduct.  The results of the “1219” hearing discussed below, does not alter the student’s status under an Interim Suspension.
    2. A “1219” hearing, which is distinctly separate from a Student Conduct Conference or a Student Conduct Hearing, will be held shortly after a student’s arrest for a crime of violence.  The hearing can be continued for good cause.  The purpose of the “1219” hearing is to determine by a preponderance of the evidence whether the student committed an offense of violence.
    3. If the Referee, as appointed by the University (Office of the General Counsel), finds that the student did commit an offense of violence on or near the University, the Referee will then determine if the student should be under strict probation or suspended from the University pending the outcome of the criminal case.  However, as noted above if the student is under an Interim Suspension, the student will remain suspended, even if they only receive strict probation from the Referee, until the conclusion of the conduct process administered by the Office of Student Conduct.
    4. Following the “1219” hearing, the criminal case outcome will determine the student’s status under Revised Code 3345.23.  If the student is convicted of an offense of violence in the criminal case, the student will be suspended from the University for at least one (1) year.
    5. Upon acquittal, or upon any final judicial determination not resulting in conviction of an offense of violence, the "1219" suspension automatically terminates, and the person suspended shall be reinstated and the record of the "1219" suspension expunged from the person’s University record.  The criminal process and "1219" hearing are separate.  The outcome of the "1219" hearing has no bearing on the criminal case.
    6. When a student is found not guilty, he or she may return to school but upon conclusion of the “1219” hearing and possibly while the criminal case is still underway, the University may, and in nearly all cases will, initiate the student conduct process.  The student may also be under the restriction of an Interim Suspension.  Unless the student is not under an Interim Suspension or has been found responsible of a violation of The Student Code of Conduct, the student would be permitted to return to school.
    7. If the student is found guilty at the criminal trial for an offense of violence on or near the University, he/she will be dismissed from Youngstown State University for the period of one (1) year.  The student will receive a written notice of the dismissal from the Office of Student Conduct.  The student must receive approval from the Board of Trustees to be permitted to return to the University.  This one-year suspension will still be imposed even if the student is found not responsible under The Student Code of Conduct.

     

    Section D. “1219” Hearing Process

    The “1219” hearing will be an adversary proceeding.  Unlike a Student Conduct Hearing, a “1219” hearing will be conducted by a Referee appointed by the University.  A University attorney will present the evidence at the hearing on behalf of the University.  The student has the right to:

    1. Be represented by an attorney.
    2. To cross-examine witnesses called by the State.
    3. Call upon his/her own witnesses.
    4. To present evidence.
    5. To give a statement (but not required to do so).

    If the student does not appear at the hearing, the student will be suspended.  In the absence of a waiver of the right against compulsory self-incrimination, the testimony of a person whose suspension is being considered, given at the hearing, shall not subsequently be used in any criminal proceeding against the person.

     

    Section E. Burden of Proof

    Preponderance of the evidence is the standard use for all “1219” hearings.Preponderance of the evidence is known as the balance of probabilities, met if the proposition is more likely to be true than not true. Effectively, the standard is satisfied if there is greater than 50 percent chance that the proposition is true.  The Referee must find that the student committed the offense by a preponderance of the evidence.

  • Article VII.  Parental/guardian Notification Policy

    Youngstown State University is committed to an educational environment that promotes the safety, responsible decision-making, and social and intellectual development of all students.  Furthermore, the University is concerned with taking a proactive approach in regards to students who may be experiencing problems with alcohol or other drugs.  It is the policy of Youngstown State University to notify parents of students under 21 years of age if such students have been found responsible for violating institutional policies regarding alcohol or other drugs, in an effort to create a positive support network for students.

    1. Parameters
      1. This policy will be applied in situations where students under the age of 21 have been found responsible for a violation of University conduct regulations regarding drugs or alcohol.
      2. The Office of Student Conduct shall be responsible for administering all procedures of the Parental/Guardian Notification Policy.
    2. Procedures
      1. Parents/guardians shall be notified when the underage student is found responsible for drug or alcohol violations.
      2. The Associate Vice President for Student Experience, or designee, may make an exception to the Parental/Guardian Notification Policy if in his/her judgment it is determined that harm would come to the student as a result of parental/guardian notification.
      3. The notification will be provided in writing from the Office of Student Conduct and will be mailed to the student’s home address.
      4. The notification letter will inform parents or guardians that their student has been found responsible for a violation of alcohol or other drugs. Included with the letter will be answers to frequently asked questions. Parents or guardians will be encouraged to discuss the incident with the student.
      5. The Office of Student Conduct will be responsible for responding to questions from parents/guardians. If a parent or guardian is interested in reviewing his/her student’s conduct file, the student generally must sign a waiver to release information. There are exceptions to this that will be determined on a case by case basis.
  • Article VIII.  Interpretation and Revision

    Any question of interpretation or application regarding The Student Code of Conduct shall be referred to the Student Conduct Administrator for final determination.

    The Student Code of Conduct shall be reviewed every three (3) years under the direction of the Student Conduct Administrator.  Any member of the University community may recommend a change to The Student Code of Conduct to the Associate Vice President for Student Experience.  The Associate Vice President for Student Experience shall distribute the recommendation to the appropriate areas and gather feedback.  If the change is endorsed by the Associate Vice President for Student Experience, the change shall be presented to the Board of Trustees for adoption.

    The Student Code of Conduct was adopted by the YSU Board of Trustees on June 15, 2016.

  • Glossary of Terms

    When used in The Student Code of Conduct:

    1. The term “accused student” or “respondent” shall mean any student accused of violating The Student Code of Conduct.
       
    2. The term “appellate panel” shall mean any person or persons authorized on a case-by-case basis by the Student Conduct Administrator to consider an appeal from a Student Conduct body’s determination that a student has violated The Student Code of Conduct or from the sanctions imposed by the Student Conduct body.
       
    3. The terms “can,” “may,” or “should” specify a discretionary provision of The Student Code of Conduct.
       
    4. The term “complainant” shall mean any person who submits a referral alleging that a student violated The Student Code of Conduct.
       
    5. The term “faculty member” shall mean any person employed by the University to conduct classroom or teaching activities or who is otherwise considered by the University to be a member of its faculty.  In certain situations, a person may be both “student” and “faculty member.”  One’s status in a particular situation shall be determined by the relevant circumstances.
       
    6. The terms “file” or “records” means information relating to a current or former student which is stored in a fashion that facilitates recovery of that information by reference to the individual in whatever form or medium such gathering of information is created, kept, or maintained.
       
    7. The term “function” shall mean all student activities or events occurring at the University or sponsored by registered student organizations, groups, or members of the academic community.
       
    8. The term “group” shall mean a number of students who are associated with each other and who have not complied with University requirements for registration as an organization.
       
    9. The term “Student Conduct Officer” refers to the Associate Director of Student Conduct, who is the University Official assigned to serve as the primary charging administrator by the Student Conduct Administrator to review complaints, determine responsibility, and impose sanctions upon students found to have violated The Student Code of Conduct.
       
    10. The term “Deputy Conduct Officer” shall mean a University official authorized on a case-by-case basis by the Student Conduct Administrator to serve as a charging administrator to review complaints, determine responsibility, and impose sanctions upon students found to have violated The Student Code of Conduct.
       
    11. The term “Student Conduct Administrator” is the Associate Vice President for Student Experience, or their designee, who shall be responsible for the administration of The Student Code of Conduct and the University student conduct process.
       
    12. The term “Student Conduct Body” refers to the Student Conduct Officer, any Deputy Conduct Officer, or the Student Conduct Hearing Panel authorized by the Student Conduct Administrator to determine whether a student has violated The Student Code of Conduct and to recommend imposition of sanctions.
       
    13. The term “may” is used in the permissive sense.
       
    14. The term “member of the University community” shall include any person who is a student, faculty member, University official, any other person employed by the University, or any person lawfully present on University premises.
       
    15. The term “misconduct” means student behavior that violates codified or explicitly stated University rules and regulations, including but not limited to those in The Student Code of Conduct.
       
    16. The term “organization” shall mean a University-registered student organization which has complied with formal requirements of official registration.
       
    17. The term “policy” shall be defined as the written regulations of the University as found in, but not limited to, The Student Code of Conduct, Resident Handbook, Penguin Student Handbook, the University website, undergraduate/graduate catalogs, University policies, and Board of Trustees policies.
       
    18. The terms “shall,” “must,” “will,” or “is required” specify a mandatory requirement of The Student Code of Conduct.
       
    19. The term “student” shall include all persons registered for courses, seminars, and workshops at the University, either full-time or part-time, pursuing undergraduate, graduate, professional studies, or continuing education programs.  Also included are those individuals accepted for admission or living in the residence halls, whether or not actually enrolled at the University.
       
    20. The terms “University” and “institution” means Youngstown State University and collectively, those responsible for its operation.
       
    21. The term “University premises” shall be defined as all land, buildings, facilities, and other property in the possession of or owned, used, or controlled by the University including adjacent streets, sidewalks, and parking lots.
       
    22. The term “University official” shall mean any person employed by, appointed to, authorized to act on behalf of or performing administrative or professional work for the University.
       
    23. The term “University working day” refers to any day of the week excluding Saturdays, Sundays, or official holidays.
       
    24. The term “weapon” shall have the same meaning as in the University Guidebook, Policy No. 7001.03, Possession of Weapons on Campus.
       
    25. All other terms have their natural meaning unless the context otherwise dictates.
     
  • Appendix A.

    Youngstown State University Academic Integrity Form pdf*

    The  printable pdf form above must be printed, completed and turned into Student Conduct.

  • Appendix B.

    2016 Student Conduct Agreement.PDF*

    The  printable pdf form above must be printed, completedand turned into Student Conduct.