A. The term “University” means Bowling Green State University.

B. The term “student” means an individual:

1. Who has received an offer of admission to a college of the University, or who has been accepted for enrollment in one or more classes offered by a college or other academic unit of the University, and
2. Who has either:

i) Registered for one or more classes or academic instruction to be given at the University (including Firelands and those educational institutions operating under an academic agreement with the University as part of a University-approved program of study), or
ii) Who has firmly expressed an intent to so register, either in writing or through one or more overt acts (such as attending orientation, submitting a housing deposit, or paying part or all of the relevant fees, tuition or other expenses), and
iii) Whose registration or intent to register relates to one or more classes scheduled for the current or immediately following semester (12-month period).

3. Student status continues until it is terminated upon the occurrence of one or more of the following events:

i) Graduation (without any indication of intent to pursue post graduate activities at the University during the following or the immediately following semester);
ii) Voluntary withdrawal of the student from all courses of academic instruction;
iii) Involuntary dismissal (or other withdrawal of the student initiated by the University) from all programs and activities of the University, and the exhaustion of all internal grievance procedures to redress the dismissal or withdrawal (if applicable);
iv) Unauthorized absence from the University for one or more semesters, as determined appropriate under the circumstances by the provost; or
v) Cancellation of all classes for which the student is currently registered or for which the student is seeking registration.

C. The term “Code” means the Code of Student Conduct.

D. The term “University official” includes any person employed by the University and any person serving the University in an official capacity.

E. The term “member of the University community” includes any person who is a student, University official, trustee, or any other person serving the University in an official capacity. The Vice President for Student Affairs shall determine a person’s status in a particular situation.

F. The term “University premises” includes all land, buildings, facilities, and other property in the possession of or owned, used, or controlled by the University.

G. The term “organization” means any registered student organization.

H. The terms “shall” and “will” are used in the imperative sense.

I. The term “may” is used in the permissive sense.

J. The term “day” means a day when the University is open for normal business, regardless of whether classes are in session (e.g., the day preceding Thanksgiving). In determining any deadlines as set forth in the code, references to a number of “days” prior to or after occurrence of an event shall not include the day of the event.

K. The term “Complainant” means any person filing a complaint of suspected misconduct under this code.

L. The term “Respondent” means a student or organization against whom a complaint has been filed under this code.

M. The term “health” means physical or mental well-being.

N. For the purposes of the Code of Student Conduct, the term “residence hall” means any hall, house or any other living unit owned or leased by the University for the principle purpose of providing student housing.

Any student found to have committed one or more of the following acts of prohibited conduct will be subject to sanctions.

A. Offenses Against the University Community

1) Acts of dishonesty, including but not limited to the following:

a) Furnishing false information to the University or any University official.

b) Forgery, alteration, or misuse of any University or government document, record, or instrument of identification.

c) Tampering with the election of any organization

2) Disruption or obstruction of teaching, research, administration, disciplinary proceedings, or other University activities, including its public service functions, whether on or off campus, and other authorized non-University activities which occur on University premises.

3) Failure to comply with directions of University officials, including law enforcement officers, acting in performance of their duties, and/or failure to identify oneself to these persons when requested to do so.

4) Violations of other published University policies, rules or regulations. Such policies, rules or regulations may include the Community Living Standards and Residential Living Agreement, Information Technology Network and Computer Policies, parking and traffic regulations, policies governing student organizations, and other published policies.

5) Recording a lecture or other classroom interaction, selling class notes, or being paid for taking class notes, without the permission of the instructor.

6) Videotaping, audio taping, or photographing members of the University community without permission.

B. Offenses Against Persons

1) Physical abuse, verbal abuse, threats, intimidation, harassment, sexual contact without permission, stalking, coercion and other conduct which threatens or endangers the health or safety of any person. This section is intended to include any contact or communication that threatens, harasses, or injures a person.

2) Hazing, which includes any mental or physical requirement, request or obligation placed upon any person that could cause discomfort, pain, fright, disgrace, injury or which is personally degrading or which violates any federal, state, local law or University policy. A person’s consent to hazing is not an excuse under this section.

a) No member of the University community shall participate in the hazing of another.

b) No member of the University community shall knowingly permit the hazing of any person.

c) No member of the University community shall fail to report hazing.

C. Offenses Against Property

1) Attempted or actual theft of and/or damage to property of the University or property of a member of the University community or other personal or public property. Possession of stolen property or unauthorized possession of University property or property of a member of the University community.

2) Unauthorized possession, duplication, or use of keys to any University premises or unauthorized entry to or use of University premises.

3) Theft or other abuse of computer facilities and resources, including but not limited to:

a) Unauthorized entry into a file to use, read, or change the contents, or for any other purpose.
b) Unauthorized transfer of a file.
c) Use of another individual’s identification and/or password.
d) Use of computing facilities and resources to interfere with the work of others.
e) Use of computing facilities and resources to send obscene or abusive messages.
f) Use of computing facilities and resources to interfere with normal operation of the Bowling Green State University computing system.
g) Use of computing facilities or resources in violation of copyright laws.
h) Any violation of Bowling Green State University’s Network and Computer Policies.

4) Littering on University premises.

5) Intentional setting of fire to University property, the property of a member(s) of the University community, and/or property of member(s) of the greater Bowling Green community.

D. Offenses Disrupting Order or Disregarding Health and Safety

1) Use, possession, distribution or manufacture of illegal drugs including the use of drug-related paraphernalia.

2) Use, possession or distribution of alcoholic beverages except as expressly permitted by the law and University regulations.

3) Possession of firearms, explosives, incendiary devices, or illegal or unauthorized possession of weapons, or dangerous chemicals.

4) Participation in a campus demonstration which disrupts the normal operations of the University or infringes on the rights of other members of the University community.

5) Leading or inciting others to disrupt scheduled or normal activities within any campus building or area.

6) Intentional obstruction of the free flow of pedestrian or vehicular traffic on University premises or at University sponsored or supervised functions.

7) Engaging in violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct under circumstances including, but not limited to intoxication due to the over-consumption of alcohol, in which the conduct tends to cause or provoke a disturbance or disrupts the normal operations of the University.

8) Entering false fire alarms or bomb threats or tampering with fire extinguishers, alarms, smoke detectors or other safety equipment.

9) Illegal gambling or wagering.

10) Offenses of violence as set forth in Section 2901.01 of the Ohio Revised Code, as amended, including aggravated murder,  murder, voluntary manslaughter, involuntary manslaughter, felonious assault, aggravated assault, assault, permitting child abuse, aggravated menacing, menacing by stalking, menacing, kidnapping, abduction, extortion, rape, sexual battery, gross sexual imposition, aggravated arson, arson, terrorism, aggravated robbery, robbery, aggravated burglary, burglary, inciting to violence, aggravated riot, riot, inducing panic, domestic violence, intimidation, intimidation of crime victim or witness, escape, improperly discharging a firearm at or into a habitation or school, endangering children, and felonious penetration.

11) Violations of federal, state or local law on University premises or at University-sponsored or supervised activities.

12) Violations of federal, state or local law off University premises and not related to University-sponsored or supervised activities when the violations adversely affect the University community and/or the pursuit of its objectives.

E. Violation of State, Federal or Local Laws and University Policies
Any act or omission that constitutes a violation of federal, state or local laws and University policy which is not otherwise covered in this Code.

F. Interfering with the Discipline Process, Including but not Limited to:

1) Failure to appear at a disciplinary meeting or hearing when  directed to do so.
2) Falsifying, distorting or misrepresenting information at a disciplinary meeting or hearing, or knowingly initiating a false complaint.
3) Attempting to discourage a person’s proper participation in, or use of, the discipline process.
4) Harassment or intimidation of a University official or member of a disciplinary committee, including the University Discipline Committee (“UDC”).
5) Failure to comply with sanction(s) imposed under the Code.

G. Shared Responsibility for Infractions

1) Students who act together to violate the Code may be assigned joint responsibility for such violation(s).
2) Students and organizations may be held responsible for the conduct of their guests while on University premises, at University-sponsored or supervised activities, and at functions sponsored by any registered student organization.

1) Any person may file a complaint against a student or organization suspected of violating this Code. A complaint shall be in writing and directed to the Associate Dean of Students or designee.

2) A Complainant is normally expected to participate in the disciplinary meeting or hearing and to present relevant information.

3) Complaints should be submitted as soon as possible after the event takes place, preferably during the semester in which the event took place.

4) The Associate Dean of Students or designee may conduct an investigation to determine if the complaint has merit and/or if it can be disposed of by mutual consent of the persons involved on a basis acceptable to the Associate Dean of Students or designee. Such disposition shall be final and there shall be no subsequent proceedings. If the complaint has merit and cannot be disposed of by mutual consent, the Associate Dean of Students or designee may participate in any subsequent disciplinary meeting or hearing to resolve the complaint. The Associate Dean of Students or designee reserves the right to reject a complaint where it is not feasible for the University to pursue it.

5) The Associate Dean of Students or designee will conduct a preliminary review of the complaint to determine whether the alleged misconduct may result in suspension or expulsion from the University. The Associate Dean of Students or designee will also determine whether the Respondent disputes the facts that form the basis of the complaint. Respondents not subject to expulsion and those who do not dispute the facts of the complaint are entitled to an informal disciplinary meeting with the Associate Dean of Students or designee. Respondents subject to expulsion and those disputing the facts of the complaint are entitled to a hearing before the University Discipline Committee. The Vice President for Student Affairs reserves the right to refer any complaint to a University official or committee other than the Associate Dean of Students or University Discipline Committee.

Respondents not subject to expulsion and those not disputing the complaint are entitled to a disciplinary meeting with the Associate Dean of Students or designee. Respondents meeting with the Associate Dean of Students or designee will receive:

1) Written notice of the complaint at least three (3) days prior to the disciplinary meeting.
2) Reasonable access to the complaint file prior to and during the disciplinary meeting.
3) An opportunity to be assisted by an advisor of their own choice and at their own expense. Advisors are not allowed to speak or participate in the meeting. Advisors may not appear in lieu of the Respondent.
4) An opportunity to respond to the complaint and to present relevant and necessary witnesses.
5) Written notice of the determination, including any sanction(s).

Respondents subject to expulsion and those who dispute the complaint are entitled to a hearing before the UDC.

1) Composition of the UDC

a) The UDC shall be composed of at least three (3) full-time faculty, six (6) full-time students, and three (3) full-time administrative staff members. Members shall be appointed for a one (1) year term and may be reappointed.
b) The Associate Dean of Students or designee shall chair all UDC hearings. Five (5) members, one each from the faculty and administrative staff members, and three (3) from the student members, are necessary to hear a complaint. The chair shall not vote except in the event of a tie.
c) The Associate Dean of Students or designee is responsible for coordinating hearings and assigning complaints.
d) The Vice President for Student Affairs may remove a member from the UDC when the member has failed or refused to perform his or her duties or responsibilities. Student members found in violation of this Code may be removed from the UDC.
e) A Complainant or Respondent may challenge a UDC member on the grounds of a conflict of interest that might affect impartial consideration of the complaint. UDC members may be disqualified upon a majority vote of the remaining members of the UDC conducted by secret ballot.

2) UDC Hearing Procedures
The following procedures are followed in UDC hearings:

a) The Respondent will receive written notice of the complaint and hearing date at least seven (7) days prior to the hearing.

b) On a date specified by the Associate Dean of Students or designee, the Complainant and Respondent will submit to the Associate Dean of Students or designee a list of witnesses for the hearing, a summary of the information each witness is expected to provide, and any document(s) the Complainant and Respondent expect to present at the hearing. The Associate Dean of Students or designee will make copies of this information available to the Complainant, Respondent, and the UDC prior to the hearing.

c) The Complainant and Respondent may be assisted by an advisor of their own choice and at their own expense. Advisors are not permitted to speak or to participate in a hearing. Complainants and Respondents who choose an attorney as their advisor shall notify the Associate Dean of Students or designee of the attorney’s name and telephone number at least three (3) days prior to the hearing. Advisors may not appear in lieu of the Complainant or Respondent; however, an advisor may consult with the Complainant or Respondent during a hearing and may assist with preparation for the hearing.

d) In the event that the University chooses to proceed through legal counsel, the Respondent will be notified three (3) days prior to the hearing and also shall have the right to proceed through counsel. Counsel may not appear in lieu of the Complainant or Respondent.

e) If a Respondent fails to appear for a hearing, the hearing may proceed without the Respondent’s presence.

f) Witnesses, other than the Complainant and Respondent, may be excluded from the hearing during the testimony of other witnesses.

g) The chairperson will exercise control over the proceedings. Any person disrupting a hearing or who fails to abide by the decisions of the chairperson may be excluded from the hearing.

h) Violations will be determined on the basis of whether it is more likely than not that the Respondent violated the Code.

i) The chairperson shall determine what information the UDC will consider. Information will be considered if it directly relates to the facts of the complaint or appropriateness of a particular sanction. Formal rules of evidence shall not apply.

j) The Complainant, Respondent, and UDC may examine the information accepted by the chairperson and may question all witnesses.

k) Respondents may speak on their own behalf; however, they will not be forced to speak against themselves and their silence shall not be used to their detriment.

l) The Complainant and Respondent may submit or present relevant information regarding possible sanction outcomes during the final statement portion of the hearing. The Respondent’s prior disciplinary record may be considered only to recommend an appropriate sanction.

m) Recommendations by the UDC shall be by majority vote.

n) The hearing will be tape-recorded and the tape recording will remain the property of the University.

o) Within three (3) days of the hearing, the UDC’s recommendation will be forwarded in writing to the Dean of Students with a copy to the Respondent. The Dean of Students will advise the Respondent of his or her decision in writing.

1)The ARB shall be composed of the director of the Counseling Center or designee; the director of the Student Health Service or designee; the Director of Residence Life or designee when the hearing involves a residential student; the director of Disability Services or designee when the hearing involves a non-residential student; and the Associate Dean of Students or designee.

2) The Associate Dean of Students or designee shall chair all ARB hearings. All members, except the chair, shall have voting rights.

3) The Associate Dean of Students or designee is responsible for coordinating ARB hearings and assigning complaints.

4) All committee members hearing a case should not have a direct, firsthand knowledge of the case before the ARB.

1) The Respondent will receive written notification of the complaint and hearing date, time and location at least (3) days prior to the hearing.

2) The Respondent must provide to the Associate Dean of Students within one (1) day of the ARB hearing, any evidence and a witness list being presented at the hearing.

3) The Respondent may be assisted by an advisor of their own choosing and at his/her own expense. Advisors are not permitted to speak or participate in a hearing. Respondents who choose an attorney as their advisor shall notify the Associate Dean of Students or designee of the attorney’s name and telephone number at least one (1) day prior to the hearing. Advisors may not appear in lieu of the Respondent.

4) If a Respondent fails to appear, the hearing may proceed without the Respondent’s presence.

5) Witnesses may be excluded from the hearing during the testimony of other witnesses.

6) The chairperson will exercise control over the hearing. Any person disrupting a hearing or who fails to abide by decisions of the chairperson may be excluded from the hearing.

7) The Respondent and members of the ARB may examine the information presented and may question all witnesses.

8) Respondents may speak on their own behalf; however, they will not be forced to do so and their silence may not be used to their detriment.

9) The recommendation of the ARB will be put in writing by the chair of the ARB and sent to the Dean of Students within two days of the completion of the hearing.

10) The Dean of Students shall render the final decision. The decision will be put in writing to the Respondent.

11) Appeals shall be made to the Vice President for Student Affairs in writing stating the grounds of the appeal within three (3) days of receipt of the decision letter. The decision of the Vice President for Student Affairs or designee is final. Grounds for appeal are found in Section 11 Letter D of the Code of Student Conduct.

12) Guidelines for the implementation of sanction(s) are outlined in Section 11 Letter E of the Code of Student Conduct.

 A. The following sanctions may be imposed upon any student found to have violated the Code:

1) Warning—Notice, orally or in writing, that continuation or repetition of prohibited conduct may be cause for additional disciplinary action.

2) Disciplinary Probation—A written reprimand specifying the violation for which the student is held responsible. Students on probation are not considered to be in good standing with the University. Probation is for a designated period of time and includes the probability of more severe disciplinary action if the student is found in violation of any University policy during the probationary period.

3) Restrictions and Loss of Privileges—Denial or restriction of certain privileges for a designated period of time.

4) Restitution—Compensation for loss, damage, or injury. This may take the form of appropriate service and/or monetary or material replacement.

5) Discretionary Sanction—Work assignments, service to the University, or other related discretionary assignments.

6) Residence Hall Suspension—Separation of a student from one or more of the residence halls for a definite period of time, after which the student is eligible to return. Conditions for readmission may be specified.

7) Residence Hall Expulsion—Permanent separation of a student from the residence halls.

8) Suspension—Separation of the student from the University for a definite period of time, after which the student is eligible to return. Conditions for readmission may be specified.

9) Expulsion—Permanent separation of the student from the University.

B. The following sanctions may be imposed on any organization found in violation of the Code:

1) Any of the sanctions listed in Section 10 A above.

2) Loss of registration as a registered student organization. The Office of Campus Activities shall notify any national or regional governing body with which the organization is associated or which sponsors social, academic, or sports events when such action is taken.

3) Loss or withdrawal of all student general fee dollars or other University funding for the remainder of the academic year.

C. More than one of the sanctions listed above may be imposed for any single violation.

D. Violations involving persons or organizations intentionally targeted because of their race, sex, sexual orientation, color, national origin, ancestry, religion, age, marital status, disability, or status as a veteran may result in enhanced sanctions.

1) Appeals must be based on the issue of substantive or procedural errors which are prejudicial and which were committed during the disciplinary meeting or hearing.

2) The specifics to be addressed on appeal are:

a) Were the procedures of the Code of Student Conduct followed?
b) If a procedural error occurred, were the rights of the student or organization violated to the extent that the student or organization did not receive a fair hearing?
c) Was the meeting or hearing conducted in a way that permitted the student or organization adequate notice and the opportunity to present its version of the facts?
d) Was the information presented at the meeting or hearing sufficient to justify the decision reached?
e) Was there information existing at the time of the meeting or hearing that was not discovered until after the hearing?

The Vice President for Student Affairs or designee may impose a University or Residence Hall Suspension on a student prior to a disciplinary meeting or hearing. The Vice President for Student Affairs may suspend the registration of an organization prior to a disciplinary meeting or hearing.

A. Interim suspension may be imposed only:

1) To ensure the safety and well-being of members of the University community or preservation of University property;

2) If the student or organization poses a definite threat of disruption or interference with the normal operations of the University;

3) If a student or organization is charged with one or more of the following offenses of violence: aggravated murder, murder, voluntary manslaughter, involuntary manslaughter, felonious assault, aggravated assault, assault, permitting child abuse, aggravated menacing, menacing by stalking, menacing, kidnapping, abduction, extortion, rape, sexual battery, gross sexual imposition, aggravated arson, arson, terrorism, aggravated robbery, robbery, aggravated burglary, burglary, inciting to violence, aggravated riot, riot, inducing panic, domestic violence, intimidation, intimidation of crime victim or witness, escape, improperly discharging a firearm at or into a habitation or school, endangering children, and felonious penetration

B. During an interim suspension, a student may be denied access to a living unit and/or to the campus, including classes, and/or all other University activities or privileges for which the student might otherwise be eligible. An organization shall discontinue all activities during an interim suspension.

C. An interim suspension takes effect immediately upon issuance. A student or organization will receive written notice of the interim suspension, including a description of the suspected misconduct. A hearing will take place within ten (10) days or such other time as maybe specified in the notice of interim suspension of the student or organization’s receipt of written notice of interim suspension.