STUDENT CODE OF CONDUCT
Section 4 - Code Violations – Defined
The following is a list of Code Violations. Additional Code Violations can be found under Section 7-College Policies and under the Residence Life On-Campus Housing section of this handbook. Students will be held accountable for the full expectations of the policies.
Accessory Responsibility: All members of the College community have the responsibility for enforcing rules and reporting violations. Helping, procuring, encouraging or cooperating with another person in the commission of a violation constitutes a judicial offense. Any student who is present, or is aware of, when a college policy is being violated, will be subject to the same disciplinary action as if he or she had committed the violation. This policy applies to any offense occurring anywhere on campus or any other College-owned property, or in common apartment areas.
Alcohol/Underage Drinking Policy: The State of Ohio Liquor Control law prohibits the purchase, possession, or consumption of alcoholic beverages or beer by persons under the age of 21 years. 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, equine center or campus apartments. Alcohol may be served, in conjunction with all state regulations, at the Frank Museum of Art, which is located at 39 South Vine Street, Westerville.
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, box cartons etc. which 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 B. Such violations are also considered violations of College regulations.
Please refer to Section 7-College Policies for the full Alcohol/Underage Drinking Policy.
Assault: Any action that causes or attempts to cause physical harm to another.
Calendar Scheduling Policy: All events sponsored by College organizations, departments and residence halls must be scheduled in the Student Affairs Office to avoid conflict among events. Sunday events are not to begin before 12 Noon to avoid time conflicts with worship services. Each organization must take responsibility for any accidental gathering of its members in groups large enough to appear to be an unscheduled social event. Meetings/socials that are held on Sunday through Thursday must conclude by 11 P.M.
All social events are to be calendared at: www.otterbein.edu/Home/Events/calendar_form.asp except the following:
1. Activities within a residence hall to which only a few residents are invited.
2. Casual entertainment of dates in men’s and women’s residence halls, sorority houses and fraternity houses.
The social chairman of each group has the responsibility for seeing that all events are properly scheduled. Additions or corrections on the calendar must be submitted TWO WEEKS in advance. Cancellations of events must be done no later than ONE WEEK prior to the event. If an event is not cancelled within the allotted time, a fine may be charged and a future social event may be forfeited. This is done because the date could have been used for other events.
Calendar Appeals: Any rejection of a calendar request may be appealed to the Calendar and Poster Policy Appeals Committee. Posting regulations may be found under Posters/Kiosks.
Cardinal Card Use/Abuse/ID: The Cardinal Card is your identification card for Otterbein College. The card is for all full-time and part-time students, faculty, and staff and it is valid until you leave Otterbein.
The following statements outline the uses and rules governing the Cardinal Card:
1. Students should carry their Cardinal Card with them at all times as proof that they are a student.
2. The Cardinal Card is for (a) use in the library, (b) access to your residence hall and the Clements Recreation Center, (c) admission to campus events, (d) bookstore purchases, (e) use of laundry facilities, and (f) vending machine purchases.
3. The Cardinal Card serves as meal tickets for students eating in the Dining Hall and must be shown for admission at each meal.
4. Any Cardinal Card found, or lost, should be reported to the Campus Center Office or Security Office immediately.
NOTE: IF YOUR CARD IS LOST OR STOLEN, you will only receive the stored value on the card, at the time of notification to the Campus Center Office or Security Office. Attempting to use a lost and/or stolen card, for any purpose, will be considered theft – a level III or IV violation.
Cardinal Card/ID - All residence halls are secured with a personal identity card (the Cardinal Card) system.
A. Students residing in residence halls will obtain the card from the Campus Center.
B. No one shall give out his or her card to any other student or guest. Overnight guests must be registered with the Hall Director and be escorted by the resident when entering buildings.
C. If a Cardinal Card is given out, disciplinary action will be taken against those students for endangering the personal well being of the residents. Lending or borrowing the Cardinal Card, altering it in any way or failure to present it when requested by a College official is a violation of College regulations and subjects both the lender and the borrower to disciplinary action.
Chaperones: All College organizations are encouraged, but not required, to invite their advisors and/or members of the College faculty or staff to attend social events on/off campus.
Change of Address and/or Phone Number: All students not residing in theme houses, the Commons, or residence halls are required to notify the Student Affairs Office of their address and phone number one week prior to the first day of class autumn term (or any time your address or phone number is changed). It is important for updating files and for accurate information for the Campus Directory. Failure to comply with this regulation will result in a fine and/or disciplinary action.
Computer and Internet -- Time/Theft/Abuse: Theft or other abuse of computer facilities, including but not limited to, UNAUTHORIZED:
A. Entry into a file, to use, read or alter the contents, or for any other purpose.
B. Reproduction or use of a copyrighted file(s).
C. Use of software or program that will intentionally or unintentionally alter the configuration or established format.
D. Use of another’s identification or password.
E. Use of computing facilities to interfere with the work of another student, faculty member, or Otterbein College official.
F. Use of computing facilities to interfere with the normal operation of Otterbein College computing system.
G. Use of computing facilities to harass others.
H. Any action or use that would be criminally or judicially inappropriate to the Academic Policy of Otterbein College.
In addition, all students using the Internet will be responsible to be familiar with Otterbein’s policy, “Responsible Use of Information Technology Resources” which is given to them when they received their access codes. Additional copies of this policy can be obtained in the Data Center and/or the Student Affairs Office. Failure to adhere to Computer and Internet policies can result in a Level III violation.
Concealed Weapons: 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. Please refer to Section 7-College Policies for the full Concealed Weapons Policy.
Disorderly Conduct: Disorderly conduct is any conduct or action that causes inconvenience, annoyance, or alarm to others, or which interferes with the rights of other individuals (including the right to quiet study), disturbs the public peace, endangers personal well-being or causes a risk of/or physical harm to public or private property.
Disruptive behavior while under the influence of alcohol is prohibited in all areas and places public and private. Disruptive behavior includes fighting, unreasonable noise, verbal and/or written abusive and/or insulting language, interference with accepted rights of others and damage to property. The student(s) will be held liable for damage or destruction from such behavior.
Individual students or groups who encourage or become involved in such activities are subject to disciplinary action, including restitution for damage. If the conduct or action is prejudicial in nature, the hearing body or hearing officer will consider the motive of the student(s) in issuing sanctions.
Drugs-Possession, Use, Sale and Drug Paraphernalia: Otterbein College prohibits possession, use, or possession for sale of illegal drugs except when properly authorized for medical use under state or federal law. Illegal drugs are defined as including but not limited to marijuana, barbiturates, amphetamines, prescription tranquilizers, LSD compounds, mescaline, DMT, narcotics and *doctor’s prescriptions. Drug-related paraphernalia is also prohibited.
*Prescribed medication must be used in accordance with a physician recommendation. Abusing prescribed medications for the purpose of intoxication is prohibited. The distribution or sharing of prescribed medication by anyone other than a licensed physician is prohibited. Illegal use or distribution will result in disciplinary action.
Failure to Appear Before a Judicial Body: Failure to appear before a Residence Hall Director, Judicial Hearing Officer, or Judicial Council may result in further disciplinary action by the judicial body. Repeated failure to appear will result in immediate suspension.
Failure to Comply With a Judicial Decision: Failure to complete sanctions assigned by a Residence Hall Director, Judicial Hearing Officer, Judicial Council, or Appeals Council shall constitute a Level IV violation.
Failure to Comply with College Official/Law Enforcement/False Information: Failure to comply with directions of Otterbein College officials or law enforcement officer acting and performing their duties and/or failure to identify one’s self to these persons when requested to do so, or providing false information shall constitute a Level IV violation.
Firearms/Firecrackers: The possession and/or use of firearms, bows/arrows, crossbows, ammunition, fireworks, firecrackers, chemically generated explosive components (bottle bombs), dangerous chemicals including gasoline and charcoal, any item that forcefully throws a missile such as a B-B gun, pellet gun, sling shot, etc. are prohibited. See the Concealed Weapon Policy.
FIRE SAFETY– Major
Creating False Alarms: - No person shall cause the evacuation of any building or place or otherwise cause public inconvenience or alarm by circulating a warning of fire or other impending catastrophe or in any manner engage in conduct with the result being to induce public panic or alarm. This is a level IV violation.
Failure to Evacuate a Structure: Failure to evacuate a structure when an alarm is sounded, either automatically or manually, or vocally expressed by College officials or Westerville Fire or Police officials, shall constitute a Level IV judicial violation and potentially criminal charges for violation of local and state laws.
Tampering with Fire Alarms and Equipment/Fire Extinguishers: Fire extinguishers, fire detectors, and alarm equipment are for emergency use only. Tampering with fire extinguishers, detectors or alarm equipment except in the event of a fire constitutes a violation of the laws of the City of Westerville. Anyone tampering with or discharging fire extinguishers or tampering with fire alarm and detection equipment will be subject to penalties through the campus judiciary and will be referred to local authorities when deemed appropriate. This is a level IV violation.
Fire Safety – Minor: (Electrical Appliances, Fire Safety Within a Student’s Room) Refer to the Residence Life and On-Campus Housing policies.
Furnishing False ID/Information: All students are to carry their Cardinal Card with them at all times as a form of ID. Furnishing false information or ID to a college official is a level III offense. See additional information under Cardinal Card Use/Abuse/ID policy.
Gambling: Students and college-approved organizations are expected to abide by the federal and state laws related to gambling. Examples of gambling may include but are not limited to:
• Sponsoring or organizing raffles or any exchanges of money for a chance to win something;
• Charging an entry fee for any competition in which part of the fee contributes to the prize;
• Betting, wagering or selling pools;
• Playing card games for money; and
• Using Otterbein College resources (phones, meeting spaces, computers, etc.) to facilitate gambling
Group Actions and/or Demonstrations: Peaceful and orderly demonstrations by members of the College on College property are permissible if the demonstrators act in a courteous, dignified and non-disruptive manner. Should action by a group or individuals at any time become dangerous to individuals or property, or should it interfere with the regular operation of the College, the President or Vice President for Student Affairs, or their designee, is authorized to declare the group an unlawful assembly and order the individuals to disperse.
If, after a reasonable interval announced by the above administrator, members of the group have not dispersed; they will be automatically suspended as students of the College and declared guilty of trespass. If they do not then desist from their activity and disperse, they will be subject to arrest and prosecution by the civil authorities and to expulsion from the College. Persons actually engaging in violent attacks on other persons or in the destruction of property will be subject to immediate arrest by civil authorities.
Harassment: Definition: To annoy or torment repeatedly and persistently. Harassment, including harassment relating to race, sex, religion, ancestry, ethnicity, age, sexual orientation, disabling condition, political affiliation, veteran status, or marital status, is inconsistent with the College’s commitment to create and maintain an educational environment that is fair and responsible, and which supports and rewards achievement on the basis of ability, performance and other relevant factors. Harassment is a level IV violation.
Hazing: Otterbein prohibits hazing by campus groups and/or individuals. The Code of Student Conduct defines hazing as “doing, requiring or encouraging any act, whether or not the act is voluntarily agreed upon, that causes or creates a substantial risk of causing mental harm or humiliation. Hazing is further defined as doing any act or coercing another, including the victim, to do any act of initiation to any student or organization that causes or creates a substantial risk of causing mental or physical harm to any person. Any person suffering or witnessing an incident of hazing shall report the incident to the Vice President and Dean for Student Affairs.
All membership-related activities must be approved by the chairman of the group and the adviser to the group prior to the activity, and shall be kept within properly reserved space. The activity must not interfere with the rights and activities of others and shall reflect the best interests of the members of the organization it represents as well as the College community as a whole.
Officers of organizations violating hazing policies will be held responsible for the group actions. They may be referred to Judicial Council and tried as individuals, even though disciplinary action is taken against the organization.
Illegal Entry/Trespassing: Unauthorized entry into any campus building or room constitutes illegal entry/trespassing. Documentation of persons authorized to use keys should be on file with the person in charge of each building. Violators will be referred to the campus judiciary when appropriate and/or may be referred to the civil authorities.
Intimidation: Definition: To make timid, frighten, to inhibit or discourage by or as if by threats. The College prohibits and will not tolerate any acts of intimidation, sexual intimidation, harassment, or abuse. Such behaviors violate the privacy and dignity of individuals, and are a violation of federal and state laws. Any action or speech causing another to believe his/her personal safety or personal property may be at risk or harm. Violation of this policy constitutes a Level III violation.
Keys: Unauthorized possession, duplication or use of keys.
Malicious Destruction of Property: Any willful conduct or action causing physical damage to public or private property. If the conduct or action is prejudicial in nature, the hearing body or hearing officer will consider the motive of the student(s) in issuing sanctions. This is a Level IV violation.
Plagiarism, Cheating and Dishonesty: Please refer to Section 7-College Policies for the full policy.
Poster/Kiosk Policy: All posters must be approved for the calendar and stamped in the Student Affairs Office or the Campus Center. Posters are to be hung on bulletin boards only, and are not allowed on walls, windows, or stairways. Posters should be removed as soon as possible following the event. No signs or advertisement mentioning the sale/use of alcohol may be posted or used on campus property. The distribution of promotional materials door-to-door in the residence halls is prohibited except for events sponsored by the Office of Residence Life and distributed by the residence life staff. Individuals are not permitted to send personal literature/information/requests across campus. All posters must represent an organization with a purpose and reason and must be approved. Posters are limited to 85 per event (60 for residence halls and 20 to post around campus). Biased comments and inappropriate humor, as well as intimidating and threatening comments will not be tolerated. See the Flier Policy for Student Mailboxes for more information on this service. Kiosks are provided at Towers (Continuing Studies entrance) and the Campus Center for additional posting. Posters hung on the kiosk do not need to be approved.
Public Performance by Students/Organizations: Any public performance or any activity presented by a student or group in the name of the College should be approved by the faculty chairman of the department concerned or by the adviser of the group before the performance or activity is presented.
Reckless Destruction of Property: Any conduct or action recklessly causing physical damage to public or private property. This is a Level III violation.
Sexual Misbehavior: Sexuality is an important attribute of a human being. It deserves to be treated, in one’s self and others, with dignity, respect, decency, and responsibility. Offensive sexual behavior which is exploitive of the other person or in violation of the law may result in disciplinary action up to and including dismissal.
Sexual misbehavior includes, but is not limited to, unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when: (1) submission to such conduct is made either explicitly or implicitly as a term or condition of an individual’s advancement; (2) submission to or rejection of such conduct by an individual is used as the basis for decisions unreasonably interfering with an individual’s performance or creates an intimidating, hostile, or offensive environment.
Sexual misbehavior also includes any violation of Ohio Revised Code Section 2907.07 Importuning Solicit Underage Sex via a computer, or by any other means of communications. In addition, a violation of Ohio Revised Code Section 2907.321 Pandering Obscenity Involving a Minor via a computer, or by any other means of communication will be considered Sexual Misbehavior.
See Section 7-College Policies for further information.
Sexual Assault and Sexual Violence: 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. Please refer to Section 7-College Policies for the full Sexual Assault and Sexual Violence Policy.
Smoking: Smoking has been shown to be very hazardous to an individual’s health with such consequences as reduced life expectancy and increased chances of contracting diseases such as lung cancer, heart disease and emphysema. New research findings indicate that non-smokers who are regularly exposed to tobacco smoke are also at increased risk of illness and death. For these reasons, the Trustees have prohibited the sale of tobacco on the campus. Also, smoking is NOT permitted in the residence halls, rooms, lounges, or rest rooms.
Fire regulations also prohibit smoking in the Rike Center, the Clements Recreation Center, the equine facility, the stadium, athletic fields, theme house, Commons apartments, any area in a residence hall, and in any College owned fraternity or sorority houses. In addition, students who smoke are expected to maintain a 20-foot distance between themselves and any College building to assure compliance with the State smoking law. Students are asked to cooperate in observing these restrictions. Failure to comply could result in a judicial violation since smoking is considered a level II violation. In extreme situations, students could be cited for Failure to Comply which is a level IV violation.
Because of fire regulations, smoking is restricted to the following areas: Campus Center Theatre (Pit Area) - as necessary for the theatre production only and Cowan - Stage area - as necessary for the theatre productions.
Solicitation and Sales on Campus:
- Officially-recognized campus organization, including sport teams, with the written approval of the Vice President for Student Affairs or his/her delegated representative, may engage in moneymaking projects for the benefit of worthwhile purposes of the organization and, upon application to the proper building authorities, may have a sale area where designated. Most campus sales will be held in the Campus Center, and/or areas where students are not a “captive audience” (i.e. the residence halls, the dining hall, etc.) No harassment is permitted.
- Moneymaking events sponsored by campus organizations and held off-campus must also be approved to avoid conflicts. This enhances the opportunity for a successful project.
- Door-to-door sales and fundraising shall not be permitted in the residence halls, theme houses or Commons apartments.
- Distribution of hand leaflets must receive prior approval from the Office of Student Affairs.
- Sales by individuals or companies not associated with Otterbein College and not receiving prior approval from the Vice President for Student Affairs shall not be permitted on campus.
- Door-to-door promotion of non-residence life sponsored events/services is not permitted in the residence halls.
- Sales by individuals for profit shall not be permitted within the residence halls, theme houses or Commons apartments.
- Recognized student organizations may sponsor moneymaking events by having a person or organization outside the College supply the product for the sale. Such sales must be given final approval by the Vice President for Student Affairs and will be limited. Twenty percent (20%) or more of the profit must go to the organization.
- Any moneymaking events must be in compliance with Federal, State and Local laws, and College gambling policies. (See Gambling Policy for more information )
Telephone Misuse or Abuse: Any student who accepts collect calls or makes third party billed calls to an Otterbein number will be subject to judicial action for fraudulent expense of College funds. Any student, who damages, alters or removes any part of a telephone instrument or wiring will be subject to judicial action for telephone abuse, and will be required to pay for damages incurred. No student shall make a telephone call to harass, abuse, or annoy another person.
Theft, Attempted Theft, Possession of Stolen Property:
Theft - to obtain or exert control over property or services of another without the owner’s consent.
Attempted Theft - any attempt to commit a theft.
Possession of Stolen Property - being in possession of any property obtained illegally.
Because theft is also a violation of the law, a student or organization will be subject to action by the authorities when appropriate. All thefts should be reported to the Director of Security who forwards the report to the Student Affairs Office. Most insurance companies require that a report of this type be completed before they will honor an insurance claim.
Violation of Local, State and/or Federal Laws: In keeping with Otterbein’s commitment of educating our student to become responsible community citizens, the college will address student misconduct, both on and off campus.
The college may receive the name and type of offense students are arrested and/or cited for from the police department, from other law enforcement jurisdictions, newspaper articles, personal observations, or from other sources that indicate an Otterbein students’ involvement in an off-campus violation. This information will be reviewed and the college may contact the student to further investigate and/or initiate formal college judicial charges as deemed necessary.
Additional Policies for Students Living in Housing: See Residence Life and On-Campus Housing for additional policies for residence halls, theme houses and Commons apartments.
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