STUDENT CODE OF CONDUCT

Alcoholic beverages may not be served or consumed at social events held in buildings on campus, in fraternity or sorority houses, residence halls, theme houses, or campus apartments.

Students who are required to be seen by medical personnel and/or transported to the hospital or medical facility due to excessive alcohol consumption may be required to go through individual alcohol counseling.

REGULATIONS
A.   No signs or advertisements for events being held on or off campus mentioning alcoholic beverages may be posted or used on campus property.
B.    Empty alcoholic beverage containers (e.g. beer cans, kegs, liquor and wine bottles) are prohibited.  This includes any empty beverage containers, cartons, boxes etc. that have been mutilated or changed into posters or wall hangings. 
C.   The consumption of beverages with alcoholic content and/or the possession of such beverage on campus grounds, in College buildings, or in a fraternity or sorority house are prohibited and penalties will accompany violations.
D.   Students are legally responsible to civil authorities for violations of the alcohol laws of the State of Ohio and the City of Westerville when committed in those places in paragraph C. Such violations are also considered violations of College regulations.

OTTERBEIN COLLEGE PROHIBITS ANY PERSON FROM CARRYING A CONCEALED HANDGUN OR OTHER DANGEROUS WEAPON ONTO THESE PREMISES. NO PERSON SHALL KNOWINGLY POSSESS, HAVE UNDER THE PERSON’S CONTROL, CONVEY OR ATTEMPT TO CONVEY A DANGEROUS WEAPON ONTO THESE PREMISES EVEN IF SUCH PERSON HAS BEEN ISSUED A LICENSE/PERMIT TO CARRY A CONCEALED WEAPON BY THE STATE OF OHIO.

Jurisdiction and Responsibility: The President, Vice Presidents, department chairs, directors, administrative managers and supervisors shall be responsible for assuring compliance with this policy. The Security Department and the Office of Human Resources are jointly responsible for the administration of the policy.

In the taking of examinations, any attempt to receive assistance from persons, papers, or printed materials without the permission of the faculty member constitutes dishonesty. This definition applies not only to activities within the examination room, but also any attempt to obtain beforehand copies of examination questions without the faculty member’s consent, including attempts to obtain them from students taking the exam at an earlier time during the year. In short, all such unauthorized procedures constitute dishonesty. A student who willingly provides assistance not condoned by the College to another student is also in violation, whether or not the student providing the assistance has completed the examination.

In preparing essays, reports, and other out-of-class projects, any use of the words or ideas of someone else as though they were the student's own words, constitutes plagiarism. This definition applies to the use of both printed and unprinted sources, including the work of other students or faculty. To avoid plagiarism, all borrowed materials must be fully documented. Direct quotations, however small, must be placed in quotation marks or indented beyond the regular margins, and their sources must be clearly identified. Ideas or arguments not directly quoted but paraphrased must also be documented; merely altering the wording does not make their substance a student’s own work. Facts, formulas, and other types of information which are widely known and considered common knowledge in a field do not always require documentation, but a student may not falsely claim the independent derivation or observation of such materials, nor borrow without acknowledgment someone else’s special arrangement or use of it. When in doubt, the student should consult a member of the faculty. If acceptable methods of documenting borrowed materials are not clear, the student is to consult beforehand with the faculty member who will receive the finished work.

The use of an identical or nearly identical piece of work to fulfill requirements in more than one course without the knowledge of the faculty members involved constitutes dishonesty. If a student wishes to prepare a single piece of work for more than one course, the written permission of both faculty members must be secured beforehand. If a student wishes to submit a revised version of an earlier piece of work, written permission must be secured beforehand and the earlier version must be submitted along with the final version. When in doubt, a student should check with the faculty member.

A faculty member who suspects the student may have committed an act of academic dishonesty shall:
A. So inform the student and the Office of the Vice President for Academic Affairs in writing that a violation has occurred.
B. If the Office of the Vice President for Academic Affairs informs the faculty member that this is a first violation, then the faculty member may be authorized to determine whether an act of academic dishonesty occurred. Such a final determination may be made only after the student has been given an opportunity for a personal meeting with the faculty member and a representative from the Office of the Vice President for Academic Affairs to discuss the allegation and to present relevant evidence. This meeting shall be conducted in a timely fashion.
C. Proceedings in first-time violations as resolved by faculty members are informal. The Office of the Vice President for Academic Affairs will provide the accused student with a written notice of the scheduled meeting at least three days in advance. The purpose of the meeting will be to review and discuss the charges before a final decision is reached. The faculty member could rely upon documentary evidence and written statements as long as the student is allowed to respond to them in the meeting. Students may also be allowed to bring relevant witnesses who are members of the Otterbein community; legal counsel will not be permitted to participate. The faculty member and the representative from the Vice President for Academic Affairs Office who hear the case shall determine whether the student is responsible or not responsible for the act of academic dishonesty. The Office of the Vice President for Academic Affairs shall impose the sanction in consultation with the faculty member and the chair of the department. Wherever it indicates a violation of the code, the following sanctions may be imposed: failure on the given assignment or a failing grade for the course. The student may appeal such action through the Vice President for Academic Affairs to Appeals Council.

A second violation will be reviewed by Judicial Council and may subject the student to suspension or dismissal as determined by the council.

Decisions of the Judicial Council are subject to appeal to the Appeals Council according to the procedures in Article VIII of the College Bylaws.

DISHONESTY - in addition to acts of plagiarism and cheating, acts of dishonesty include, but not limited to the following:
A. Furnishing false information to any College official, faculty member or office.
B. Forgery, alteration or misuse of any College document, record or instrument of identification.
C. Falsification, distortion, or misrepresentation of information before a judicial body.
D. If a student provides false information related to his/her housing arrangements, he/she will be expected to pay for housing costs for the entire academic year and be charged with falsifying records.

Otterbein College is committed to fostering a safe and supportive environment conducive to the academic pursuit and healthy personal development of all students. It is the intent of the College to provide safety and support to victims of sexual assault. Reports of sexual assault will be taken seriously and incidents will be responded to appropriately and in a timely manner.

This policy strictly prohibits sexual assault by a student, faculty or staff member against any student, faculty or staff member, whether occurring on or off campus. Otterbein College encourages individuals who believe they have been the victims of a sexual assault to pursue on campus and criminal action against the alleged perpetrator.   

What is Sexual Assault? - Sexual Assault is defined as sexual contact without consent and includes intentional touching, either of the victim or when the victim is forced to touch, directly or through clothing, another person’s genitals, breast, thigh or buttocks; sexual intercourse without consent (whether by an acquaintance or a stranger); attempted rape; sodomy (oral sex or anal intercourse) without consent; or sexual penetration with an object without consent.

Effective consent is informed, freely and actively given, mutually understandable words or action, which indicate a willingness to engage in mutually agreed upon sexual activity.

Lack of consent is the absence of effective consent and/or sexual activity committed by force, intimidation or through use of the victim’s mental incapacity or physical helplessness, including intoxication.

A physically incapacitated person is unable to give consent. A person may be physically incapacitated as a result of alcohol and/or drug consumption. Physical incapacitation includes being unconscious, unaware or otherwise physically helpless. One may not engage in sexual activity with another whom one knows or should reasonably know to be physically incapacitated

Verbal conduct of a sexual nature is not defined as sexual assault. Verbal conduct of a sexual nature may constitute sexual misbehavior, which is prohibited under a separate College policy.

Sexual assault can occur in circumstances in which one may erroneously assume consent, including but not limited to the following:

• the attacker is someone known to the victim/survivor
• the assault happens on a date
• the individuals have engaged in consensual sexual touching and kissing
• prior to the assault
• the individuals have had consensual sexual intercourse in the past
• the individuals are married
• the individuals are under the influence of alcohol or other drugs
• there was not a weapon involved
• there was no evidence of a struggle or resistance
• there are no other witnesses

Action Process - students, faculty, and staff may make reports of sexual assault and sexual violence to Campus Security who in turn will notify the Westerville Police Department or the appropriate police agency. Victims will be asked to file a report with Campus Security and the police. Reports will be taken in a private location. Campus Security incident reports are available with the name(s) of the survivor deleted.

Third party reports will not be documented. Westerville Police reports are accessible by the public.

The Student Affairs Office will provide a support person for each the accuser and the accused student. The role of the support person is to provide assistance and serve as a resource of information.

The College recognizes that any decision to report and/or pursue charges for sexual assault through on-campus disciplinary and/or criminal channels is the right of the victim. The College Judicial Officer and support persons will inform the victim and the alleged perpetrator of her/his rights, options of criminal prosecution, medical assistance, and the College’s complaint process. The support person will assist the student with these contacts if requested.

Confidential counseling, support resources, academic assistance, and alternative housing assignments will be discussed as appropriate and requested. Campus Security and other College personnel will provide assistance in preserving materials considered relevant to the internal complaint process and, when requested by the Westerville Police, provide assistance in obtaining, securing, and maintaining evidence needed for criminal prosecution. At the request of the accusing student, appropriate measures will be taken to avoid retaliatory action if it appears that the safety or security of an individual is in jeopardy. This may include changes in class schedules and/or housing assignments. Students may be required to sign a “No Contact Order” to restrict any form of contact between the victim and alleged perpetrator.

A person who has been assaulted is encouraged to seek professional counseling. Information that is disclosed to a professional counselor is confidential. The College and the Columbus community offer a variety of support services. Appointments to see a counselor through the College can be made by contacting the Student Affairs Office. Another resource in the Columbus area is SARNCO (Sexual Assault Response Network of Central Ohio), (614) 267-7020. This is a 24-hour help line.

Judicial Process - Campus Security will investigate all reported sexual assaults. A student may or may not decide to pursue charges. Students who decide to pursue charges may do so through the College judicial process and/or the Westerville Police. The Director of Campus Security, or his designee, and/or a Westerville Police Officer, as appropriate, will interview the victim. If this inquiry results in an investigation and action is taken, the accused will be given the opportunity to respond to the allegations. Persons with information relevant to the allegation may also be interviewed. Upon completion of the investigation, if sufficient evidence indicates that a sexual assault may have occurred, the matter will be referred to Judicial Council if the accused is a student at Otterbein College. The same judicial procedures and practices specified in the Campus Life Handbook will be followed in cases of sexual assault. In addition, the victim may choose to be separated from the alleged perpetrator by a screen during a judicial hearing. The Judicial Board Chair may also allow breaks as needed by the accusing and accused students during the hearing. Upon completion of the judicial proceeding, both the accuser and the accused will be informed of the decision resulting from the hearing.

A person reporting a sexual assault may request to terminate the proceedings at any time by notifying the Judicial Officer in writing. However, the College may continue the proceedings if necessary for the well being of the College community.

Members of the Judicial Board will receive training including basic information on sexual assault, victim reaction to sexual assault, academic implications for victims, questions to ask in a hearing, and ways to interact with both the accusing and accused student in a hearing. The training should also include the impact of the judicial process on the accused student.

Reporting Information - Given that sexual assault is a felony, disclosure by a survivor of an assault to any College official will be passed on to Campus Security and Westerville Police. A survivor can make decisions about his/her level of involvement in an investigation and potential criminal or campus judicial action.

For reporting purposes Otterbein College utilizes sex offense definitions from the National Incident Based Reporting Systems edition of the Uniform Crime Reporting Program which are as follows: Sex offenses - forcible: a) rape, b) sodomy, c) sexual assault with an object, d) forcibly fondling; and sex offenses - non-forcible: a) incest, b) statutory rape.

Education and Training - Responsibility for educating the College community about sexual assault and sexual violence will rest with the Office of Vice President for Student Affairs and the Director of Human Resources. Through various areas of the campus, educational materials and programs will be designed to assist members of the campus community in recognizing and preventing sexual assault and sexual violence.

Consensual Relationships - The College recognizes the possibility of consenting relationships between faculty or administrators and students, or between supervisors and employees. While acknowledging the possibility, the faculty and administrators are cautioned about the potential ramifications. Given the respect and trust accorded a professor or administrator by a student, as well as the power exercised by the professor or administrator in giving praise, blame, grades, recommendations, etc., the student’s freedom of choice and clarity in decision making may be diminished. The same is true for all superior/subordinate relationships on campus be they between administrators and faculty or staff, faculty and staff, staff and students, or faculty and students. Any College employee who enters into a sexual relationship with a student or subordinate where a professional power differential exists must realize that, if a charge of sexual assault is subsequently lodged, the fundamentally asymmetrical nature of the relationship will make it exceedingly difficult to prove mutual consent.