Ohio Administrative Code|Rule 3349-10-74 | Employees & students arrested for offenses of violence ("1219" proceedings).

                                                
(A) Purpose
To establish a rule for the immediate suspension
		  and possible termination of employees arrested for offenses of violence. This
		  rule will also be used for the suspension and dismissal of matriculated
		  students arrested for offenses of violence.
(B) Scope
All employees and matriculated students of the
		  university.
(C) Definitions
(1) "Force"
			 means any violence, compulsion, or constraint physically exerted by any means
			 upon or against a person or thing.
(2) "Deadly
			 Force" means any force that carries a substantial risk that it will
			 proximately result in the death of any person.
(3) "Hearing
			 Officer" refers to the person who will preside over the hearing initiated
			 when a student or employee is arrested for an offense of violence. The hearing
			 officer shall be an attorney admitted to the practice of law in Ohio, but the
			 hearing officer shall not be attorney for or an employee of the
			 university.
(4) "Matriculated" enrolled or admitted to any
			 course of study in any one of the colleges of the university.
(5) "Offenses of
			 Violence" are those offenses set forth in section 3345.22 of the Revised
			 Code and section 3345.23 of the Revised Code, or any substantially equivalent
			 offenses under a municipal ordinance. These offenses include, but are not
			 limited to, the following offenses:
Aggravated murder, murder, voluntary
			 manslaughter, involuntary manslaughter, felonious assault, aggravated assault,
			 assault, permitting child abuse, aggravated menacing, menacing by stalking,
			 menacing, kidnapping, abduction, extortion, gross sexual imposition, arson,
			 aggravated robbery, rape, sexual battery, aggravated arson, arson, disrupting
			 public services, terrorism, robbery, aggravated burglary, burglary, inciting to
			 violence, aggravated riot, riot, inducing panic, domestic violence,
			 intimidation, intimidation of attorney, victim or witness in criminal case,
			 escape, aiding escape or resistance to lawful authority, having weapons while
			 under disability, and improperly discharging firearm at or into a habitation,
			 in a school safety zone or with intent to cause harm or panic to persons in a
			 school building or at a school function.
(6) "Physical Harm
			 to Persons" means any injury, illness, or other physiological impairment,
			 regardless of its gravity or duration.
(7) "Physical Harm
			 to Property" means any tangible or intangible damage to property that, in
			 any degree, results in loss to its value or interferes with its use or
			 enjoyment. "Physical harm to property" does not include wear and tear
			 occasioned by normal use.
(D) Procedures
(1) Duty to report. While
			 the arresting authority is required to immediately notify the president of the
			 university of the arrest of an employee or student for an offense of violence,
			 the employee or student who has been arrested is also under an obligation to so
			 report. A student's failure to report will be deemed a violation of the
			 student academic integrity and conduct code. An employee's failure to
			 report will be deemed as grounds for discipline or termination.
(2) Immediate
			 administrative suspension pending hearing. Upon receipt of the information that
			 an employee or student of the university has been arrested for an offense of
			 violence, the president or his/her designee may impose an immediate
			 administrative suspension upon the student or employee until a hearing is held
			 on the matter. The chief student affairs officer has the discretionary
			 authority to impose an immediate administrative suspension upon a student, and
			 the department of human resources has the same discretionary authority to issue
			 such a suspension to an employee. Imposition of an immediate administrative
			 suspension will only occur after there has been an in-person meeting to discuss
			 the alleged conduct, or a good faith effort upon the university to hold an
			 in-person meeting. An immediate administrative suspension may still be imposed
			 where the circumstances of the person's arrest prevent such a meeting from
			 occurring or if the person fails to acknowledge the university's request
			 for such a meeting. For students, the meeting will be held with the chief
			 student affairs officer, while employees will meet with the director of human
			 resources. The safety officer shall be present for the meeting. If an immediate
			 administrative suspension is issued following the in-person meeting, the
			 student or employee must surrender his/her university identification badge and
			 will be escorted off the university property by the safety
			 officer.
(3) Hearing to determine
			 further action. Irrespective of whether a student or employee is placed on
			 immediate administrative suspension, a subsequent hearing will be held to
			 determine if further action is necessary based on the person's offense of
			 violence.
(a) Hearing notice. An employee or student of the
				university arrested for any offense of violence shall be afforded a hearing on
				the facts of the case. The university will issue a notice of hearing within two
				business days of learning that a student or employee has been arrested for an
				offense of violence. The hearing notice will identify the time, date, and
				location of the hearing.
(b) Hearing timeframe. The hearing shall be held within not
				more than five business days after the person's arrest, subject to
				reasonable continuances for good cause shown, which continuances shall not
				exceed a total of ten business days.
(c) Hearing. The university will appoint a hearing officer
				to hold the hearing to determine whether further disciplinary measures will be
				imposed upon the employee or student. The hearing shall be held at the
				university or other location in Portage county on the time and date specified
				in the hearing notice.
(i) The hearing officer
				  may administer oaths, issue subpoenas to compel the attendance of witnesses and
				  the production of evidence, and enforce the subpoenas, as well as preserve the
				  order and decorum of the proceedings over which the hearing officer presides,
				  by means of contempt proceedings in the court of common pleas as provided by
				  law.
(ii) The hearing shall be
				  adversarial in nature and shall be conducted fairly and impartially, but the
				  technical rules of evidence applicable to civil and criminal cases shall not
				  apply. A person whose suspension is being considered has the right to be
				  accompanied by counsel, but counsel will not be furnished for the person. The
				  person also has the right to cross-examine witnesses against the person, to
				  testify, and to present the testimony of witnesses and other evidence in the
				  person's behalf. 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. The hearing officer may require the
				  separation of witnesses and may bar from the proceedings any person whose
				  presence is not essential to the proceedings.
(iii) The person subject
				  to the hearing may appear with another person, who may serve only in an
				  advisory capacity during the hearing. If serving as an advisor to the
				  student/employee, that person may not participate directly in the hearing or
				  address the hearing officer on behalf of the student/employee unless a
				  communication difficulty exists that is sufficiently severe so as to prevent a
				  fair hearing.
(4) Sanctions. Upon
			 hearing, if the hearing officer finds by a preponderance of the evidence that
			 the person whose suspension is being considered committed any offense of
			 violence, the hearing officer may:
(a) Order a university suspension, whereby the person
				suspended from further employment or matriculation; or
(b) After consulting with university officials and making a
				determination that the good order and discipline of the university will not be
				prejudiced or compromised by the person's continued presence, permit the
				person to return to the university on terms of strict disciplinary probation.
				Subsequent violation of the terms of the probation automatically affects a
				suspension.
(5) Failure to appear. A
			 person afforded a hearing pursuant to this section who does not appear at the
			 hearing will be issued a university suspension by the hearing
			 officer.
(6) Waiver. A person
			 afforded a hearing pursuant to this section may waive the right to the hearing
			 by responding in writing to the university official designated in the hearing
			 notice. Waiver of the hearing will result in the automatic imposition of a
			 university suspension or disciplinary probation.
(7) Campus access. Campus
			 security shall escort the person subject to a university suspension from the
			 premises following the imposition of such a sanction and the suspended person
			 must surrender their university identification badge. That name of the
			 suspended person will be provided to campus security and that person shall be
			 denied access to any university property until the sanctions ordered under this
			 rule have been lifted.
(8) Duration of the
			 suspension. A university suspension under this section is in effect until the
			 person is acquitted or convicted of the crime, or a crime related to the same
			 facts for which the person was arrested. If the person is convicted of the
			 crime or a crime related to the same facts, the university suspension will
			 remain in effect for the duration of any criminal sentence imposed by the
			 court. Should the person plead guilty to or be convicted of a lesser charge
			 related to the same facts, the university suspension will remain in effect
			 under the terms originally imposed by the university.
If the person is acquitted or there is a final
			 judicial determination that does not result in a conviction related to the
			 charges for which a person is suspended pursuant to this rule, the university
			 suspension will automatically terminate, and the person suspended shall be
			 reinstated. The record of the suspension shall be expunged from the
			 person's personnel or academic record held by the university.
(9) Appeals. A person
			 ordered to a university suspension under this rule may appeal from the order of
			 a hearing officer on questions of law and fact to the court of common pleas in
			 Portage county, within twenty calendar days after the date of the order. If the
			 court to which an appeal is taken determines that the good order and discipline
			 of the university will not be prejudiced thereby, it may permit the person
			 suspended to return to the university on terms of strict disciplinary
			 probation.
(10) Petitions for
			 reinstatement after a suspension. Upon completion of the criminal sentence
			 imposed, the person may petition the university, in writing, for re-entry into
			 the curriculum or return to employment. Students petitioning to re-enter their
			 curriculum must submit their petition to the committee on academic and
			 professional progress "CAPP". The petition will then be reviewed by a
			 standing subcommittee appointed by phase two "CAPP". Employees
			 petitioning to be reinstated to their position of employment must submit their
			 petition to the director of human resources for review by the president and/or
			 the board of trustees. Decisions on reinstatement to the university will be
			 based on a review of the following considerations:
(a) The nature of the student's profession or
				employee's position; 
(b) The person's present and past disciplinary
				record;
(c) The nature of the offense;
(d) The severity of any damage, injury, or harm resulting
				from the person's conduct;
(e) The continued threat posed to campus personnel or
				property should the person return;
(f) The risk of harm to the health and safety of the
				university and its students and employees.
Students or employees petitioning for
				reinstatement may appear accompanied by another person. That person cannot,
				however, be a relative or an attorney. 
students or employees reinstated following a suspension may be
				placed on strict disciplinary probation for a period of at least one year and
				may face restrictions, including but not limited to, limitations on facility
				use.
(11) Student appeals from
			 the denial of a petition for reinstatement. A student who has petitioned for
			 reinstatement may appeal the decision of the phase two "CAPP"
			 subcommittee on the following grounds:
(a) The student sets forth significant new information,
				which was not available at the time the subcommittee reviewed the petition;
				or
(b) The student identifies a procedural error that occurred
				when the subcommittee was reviewing his/her petition.
Any such appeal shall be directed to the
				associate dean for academic affairs within five business days of the phase 2
				"CAPP" decision. The associate dean for academic affairs will make a
				determination as to whether the matter will be further reviewed by the
				"CAPP" executive review committee. Sshould the "CAPP"
				executive review committee determine that the new information brought forth or
				procedural error alleged had a substantive effect on the decision of the phase
				two "CAPP" subcommittee, the matter will be resubmitted to the
				subcommittee for further consideration and the same process, including the
				right to an appeal of that decision, will ensue.
(12) Dismissal of
			 employees or students upon conviction of certain offenses.
(a) If convicted, the person is dismissed from the
				university pursuant to section 3345.23 of the Revised Code.
(b) A tenured faculty member dismissed pursuant to this
				section is not entitled to the protections set forth in appendix "D"
				to the rules of the faculty.
(c) Upon conviction of a university employee or student for
				any offense of violence, the court shall immediately notify the president of
				the university of such conviction. The university registrar or the human
				resources department shall immediately notify such person of the person's
				dismissal and provide a copy of the dismissal letter to the university general
				counsel. The notice shall be in writing and shall be mailed by certified mail
				to the person's address as shown in both the court and the university
				records. If such person has been suspended pursuant to this rule, and not
				permitted to return to the university, the period of the person's
				dismissal shall run from the initial date of the university
				suspension.
(d) No degrees or honors shall be conferred upon, no
				instructional credit or grades shall be given to, and no student assistance,
				scholarship funds, salaries, or wages shall be paid or credited to any employee
				or student, during the period such person is properly dismissed pursuant to
				this section or under a university suspension pursuant to this
				rule.
(e) A dismissed person may later seek readmission or
				re-employment pursuant to division (a) of section 3345.23 of the Revised
				Code.
(f) Without limiting the grounds for dismissal, suspension,
				or other disciplinary action against a student or employee of the university,
				the commission of an offense of violence or a substantially equivalent offense
				under a local, state or federal law, which offense is committed on or affects
				persons or property of the university, or which offense is committed in the
				immediate vicinity of the university with respect to which an emergency has
				been declared and is in effect pursuant to section 3345.26 of the Revised Code,
				is cause for dismissal pursuant to this rule.
(g) If a final judicial determination results in an
				acquittal, or if the conviction is reversed on appeal, the student or employee
				shall be reinstated and the university shall expunge the record of the
				student's or employee's dismissal from the student's or
				employee's university records, and the dismissal shall be deemed never to
				have occurred.
(E) Additional authority of the
		  university
(1) Section 3345.22 of
			 the Revised Code and section 3345.23 of the Revised Code and all other sections
			 provided for in this rule shall be applied and followed, notwithstanding any
			 rule, regulation, or procedure of the university, but such sections shall not
			 be construed to limit any duty or authority of the university to take
			 appropriate disciplinary action, through such procedures as may be provided in
			 the rules and rules of the university.
(2) Section 3345.22 of
			 the Revised Code and section 3345.23 of the Revised Code and all other sections
			 provided for in this rule shall not be construed as modifying or limiting the
			 duty or authority of the university to summarily suspend a student or employee,
			 when necessary to preserve the good order and discipline of the university
			 under other existing rules.
(3) To the extent that
			 section 3345.22 of the Revised Code and section 3345.23 of the Revised Code and
			 all other sections provided for in this rule conflict with civil service
			 requirements and procedures, persons otherwise subject to disciplinary action
			 pursuant to such sections, but who are employees in the classified civil
			 service, shall be disciplined according to civil service requirements and
			 procedures.
(4) Dismissed or
			 suspended person are not to enter university premises. No employee or student
			 under dismissal or suspension from the university pursuant to section 3345.22
			 of the Revised Code or section 3345.23 of the Revised Code or this rule, shall
			 enter or remain upon the land or premises of the university from which he or
			 she was suspended or dismissed, without the express permission of the
			 university.
(5) Pursuant to Section
			 1092(f) of The Jeanne Clery Disclosure of Campus Security Policy and Crime
			 Statistics Act, 20 U.S.C., upon receipt of a written request from an alleged
			 victim of an offence of violence (as that term is defined in this rule and in
			 section 16 of title 18, U.S.C.) or that victim's next of kin, the
			 university will issue a report of the result of the disciplinary proceeding
			 instituted against the alleged perpetrator of the act.