All members of the University 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 University 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 University-owned property, or in common apartment areas.
This is a level III violation. 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. Otterbein, as a United Methodist related University, recognizes the merit of the United Methodist position that abstinence is a responsible form of Christian love and witness. The University believes that the consumption of alcoholic beverages enhances neither the educational process nor the quality of life. The Otterbein community functions on the basis of mutual trust and responsibility, and the consumption of alcoholic beverages is potentially disruptive of this educational environment. Otterbein recognizes the right of choice of individuals to use or refrain from the use of alcoholic beverages, but believes that the choice of use is properly exercised elsewhere than on campus grounds, in University buildings, and in fraternity and sorority houses.
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. However, Alcohol may be served, in conjunction with all State regulations, at the Frank Museum of Art, which is located 39 South Vine Street, Westerville.
Students who are required to be seen by medical personnel and/or transported to the hospital or a medical facility due to excessive alcohol consumption may be required to go through individual alcohol counseling.
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/decorations.
C. The consumption of beverages with alcoholic content and/or the possession of such beverage on campus grounds, in University 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 University regulations.
This is a level IV violation. Any action that causes or attempts to cause physical harm to another is considered assault.
This is a level I violation. All events sponsored by University 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 allow folks to attend church services. Meetings/Socials that are held on Sunday through Thursday must conclude by 1AM.
All social events are to be calendared using the Schedule an Event form which is available on My O-Zone 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.
This is a level II violation.
The Cardinal Card is your identification card for Otterbein University. 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 Otterbein Police Department 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 Otterbein Police 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 University official is a violation of University regulations and subjects both the lender and the borrower to disciplinary action.
This is a level I violation. 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 semester (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.
This is a Level III violation. 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 University official.
F. Use of computing facilities to interfere with the normal operation of Otterbein University 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 University.
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 judicial charges.
This is a level IV violation. Background: Ohio’s new concealed weapon law permits individuals to obtain a license to carry a concealed handgun onto many locations. The licensee must carry a valid concealed weapon license and valid identification when carrying the concealed handgun. Purpose: In the interest of maintaining a safe academic and working environment free of violence for all employees, students and visitors, Otterbein University prohibits the possession, transport and storage of dangerous weapons on University owned or leased property including in personal vehicles, or at any University-sponsored function, regardless of whether or not the person is legally licensed to carry a weapon. Scope: This policy applies to all University employees, students, contract employees, visitors and vendors on University property or at any University-sponsored function. This policy does not apply to any law enforcement personnel engaging in official duties. Definitions: “University property” covered by this policy includes all University-owned or leased buildings and surrounding areas such as sidewalks, walkways, driveways, and parking lots under the University’s ownership or control. This policy also applies to all University-owned or leased vehicles. “Dangerous weapons” include, but are not limited to, handguns, firearms, explosives, knives and other weapons as defined by federal, state or local laws or ordinances. If employees or students have a question regarding whether an item is covered by this policy, they should contact the Office of Human Resources or the Otterbein Police Department. Enforcement: The University reserves the right to search all personal and University-owned or leased vehicles, packages, containers, briefcases, purses, lockers, desks, enclosures, and persons entering its property, for the purpose of determining whether any weapon has been brought onto its property or premises in violation of this policy. These searches will only be conducted in the event of probable cause or reasonable suspicion, and will be conducted in accordance with legal search procedures pertaining to searches for concealed weapons. Reporting Obligations: If any employee or student believes another person covered by this policy possesses a concealed handgun or other deadly weapon in violation of this policy, the employee or student shall immediately report this belief and the basis for this belief to the Otterbein Police Department. Failure to report knowledge of the presence of any dangerous weapon shall subject the employee or student to disciplinary action. Sanctions: Violations of this policy will result in prompt disciplinary action up to and including termination of employment or expulsion from school in accordance with University disciplinary policies. Violations may be reported to local law enforcement agencies. Safety: Employees and students, including Otterbein Police personnel, should be aware that the enforcement of this policy might involve confronting individuals carrying dangerous weapons. Under no circumstances should any employee or student take any unnecessary risks or compromise his or her safety in enforcing this policy. Local law enforcement should be contacted immediately if deemed necessary. Notification: The University will publicize this policy in employee and student handbooks. A copy of the policy will be included in the Social Issues Update that is posted and updated annually and is on-line. A copy of the policy will be posted on the University’s Otterbein Police Department web site. In addition, signs may be posted at various locations that state:
OTTERBEIN UNIVERSITY 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 Otterbein Police Department and the Office of Human Resources are jointly responsible for the administration of the policy.
This is a level III violation. 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 and/or drugs are 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.
This is a level III violation. All outside doors to the residence halls are locked 24 hours a day for the security of the residents. Entry to the halls is gained via a card reader located on one or more doors by use of the student’s personal Cardinal Card. After entering or exiting a door, residents are responsible for checking to see if the door locks behind them. Only residents of the specific hall/complex will have access to the building. Students shall keep their Cardinal Card secure and not lend it to other students. Compromising the safety of the hall, by propping open doors (a level III violation) or lending others a Cardinal Card is a violation of the Code of Conduct. Residents shall lock their individual room/bedroom door when they are sleeping or not in the room. Students failing to carry their keys and/or Cardinal Card and locked out of residence halls or their rooms may contact a Residence Life staff member for entry. A small fee will be charged for each room entry.
This is a level IV violation. Otterbein University 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 illegal use of prescriptions drugs. 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 and/or as a study aid is prohibited. The distribution, sharing or sale of prescribed medication by anyone other than a licensed physician is prohibited.
This is a level IV violation. Where there is an expectation of privacy, including but not limited to bathrooms, bedrooms and showers; persons are prohibited from engaging in any electronic exploitation of another person, including but not limited to surveillance, making or attempting to take a photograph or an audio or video recording of any person(s), and/or broadcasting the photograph and/or recording(s) without the knowledge and consent of all participants.
This is a level III violation. 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.
This is a level IV violation. Failure to complete sanctions assigned by a Residence Hall Director, Judicial Hearing Officer, Judicial Council, or Appeals Council shall constitute a Level IV violation.
This is a level IV violation. Failure to comply with directions of Otterbein University 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 is a violation.
This is a level IV violation. 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.
These are a level IV violation. 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.
Failure to Evacuate a Structure: Failure to evacuate a structure when an alarm is sounded, either automatically or manually, or vocally expressed by University 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 III violation. Students are encouraged to exercise extreme care when selecting electrical appliances for their campus housing. Each of these electrical appliances must be Underwriters Laboratory (UL) approved, in good operating condition, and not left unattended when in use. Students should remember the space limitations of many areas and the number of outlets available to them. With this in mind, students may bring items listed (under Electrical Appliances in the Residence Life and On-Campus Housing policies) into the residence halls, theme houses, and Commons apartments.
This is a level III violation. 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 University official is a level III offense. See additional information under Cardinal Card Use/Abuse/ID policy.
This is a level III violation. Students and University-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 University resources (phones, meeting spaces, computers, etc.) to facilitate gambling.
This is a level III violation. Peaceful and orderly demonstrations by members of the University on University 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 University, 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 University 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 University. Persons actually engaging in violent attacks on other persons or in the destruction of property will be subject to immediate arrest by civil authorities.
This is a level IV violation. 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 University’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.
This is a level III violation. 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 University 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.
This is a level III violation. 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.
This is a level II violation. Students shall remove trash from their rooms/suites/ apartment and place in the dumpsters provided outside. Theme house residents shall follow the trash pick-up schedule provided by the City of Westerville and use the trash cans provided. Students inappropriately disposing of trash or littering will be referred to the campus judicial board and may have damage charges assessed. Students shall not dispose of their room trash in floor restrooms or other common area trash cans.
Pictures and information posted on the internet are considered public information (including WebPages such as MySpace and Facebook). The University does not routinely monitor these sites. Pictures and information from these sources brought to the attention of University officials reasonably suggesting a violation of University policy that has taken place on campus or at a University-sponsored function off-campus will be subject to further investigation and verification by the University. Any University policy violations documented as a result of such an investigation will result in appropriate disciplinary action by the University.
This is a level III violation. Definition: To make timid, frighten, to inhibit or discourage by or as if by threats. The University 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.
This is a level III violation. Students are issued a room key when checking into the residence halls. Students in theme houses and Commons apartments receive a room key and apartment/house door key. Students shall keep the key(s) on their person at all times to assure others do not use it. Students shall not lend the key to others nor duplicate the key(s). Unauthorized possession, duplication or use of keys is a Level III violation of the Student Code of Conduct. Students who lose their key may request a re-core of their room lock and new key from their hall director or the Otterbein Police Department. A damage charge will be assessed for each lock re-core and added to the student’s University bill if a student loses or fails to return their key(s) at the end of the year, or when they permanently leave the residence (whichever comes first).
This is a level IV violation. Any willful conduct or action causing physical damage to public or private property will be considered malicious destruction of 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 I violation. For purposes of health and sanitation, only aquarium fish, hermit crabs, and small turtles are allowed in any residential area with the agreement of roommate(s). Students are permitted one fish tank of 20 gallons or less per residential room. Residents shall care for their pets and provide a clean, healthy living environment for them. During breaks, students are required to take home any pets. Tanks with lights and pumps must be unplugged during breaks and tanks must be emptied and cleaned. The University reserves the right to mandate the removal of any living creature or plant at the discretion of University officials including the hall director and staff.
This is a level IV violation. It is necessary to ascertain with accuracy an individual’s strengths and weaknesses in order to prepare a proper academic program for students and to evaluate their work. Thus the “high standard of personal integrity” in the classroom means that an individual will not receive credit for work which is not their own.
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 University 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 ones 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; 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, Section 4, Line 821 of the University 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 University official, faculty member or office.
B. Forgery, alteration or misuse of any University 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.
Acts of dishonesty as aforementioned constitutes a Level IV violation, and will be referred to Judicial Council. See Section 4 - The Honor Code (For additional information.)
This is a level II violation. 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. After the event, please remove all posters as soon as possible. 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 80 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.
This is a level III violation. Any public performance or any activity presented by a student or group in the name of the University 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.
This is a level I violation. In order to make the atmosphere conducive to living and learning, conditions which encourage this have been established and these apply to all residence hall. “Quiet Hours” will be established by each residence hall living unit at the beginning of the school year. Each residence hall will establish 24-hour quiet hours during exam week. During the “Quiet Hours” all areas of the residence halls are kept as quiet as possible so that those who wish to study have may do so without distraction. TV’s, radios, tape recorders, stereos, and musical instruments may be played quietly as long as no one is being disturbed. Consideration also needs to be given to person outside the residence hall if the window is open. If one student asks another to be quieter for the purpose of study or sleep, this request is to be honored. Any student violating quiet and courtesy hours will be subject to disciplinary actions. The playing of sports in the halls is prohibited due to the noise and possible damage.
This is a level III violation. Any conduct or action recklessly causing physical damage to public or private property.
This is a level IV violation. 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 University encourages individuals who believe they have been the victims of a sexual assault to pursue on campus and criminal action against the alleged perpetrator.
Sexual Assault Policy: General Policy - The mission of Otterbein University is to educate the whole person in a context that fosters the development of humane values. Otterbein University expects that all members of the university community will conduct themselves in a responsible manner that shows respect for others and for the community at large. As a part of the larger community,
Otterbein University is subject to, abides by, and supports federal statutes, Ohio state statues and local ordinances regarding criminal conduct. Otterbein University 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 University 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 University 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 activity 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. An incapacitated person is unable to give consent. A person may be physically or mentally incapacitated as a result of alcohol/or drug consumption, or other factors. Being incapacitated includes not only being unconscious, but being conscious and unaware of what is going on around the person, due to severe intoxication (black-out condition), or other conditions. One may not engage in sexual activity with anyone when said person is incapacitated. An individual may not engage in sexual activity with another whom one knows or should reasonably know to be physically or mentally incapacitated. It is not an affirmable defense to sexual assault charges to claim the accused was intoxicated, impaired, or incapacitated at the time of the offense.
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
Verbal conduct of a sexual nature is not defined as sexual assault. Verbal conduct of a sexual nature may constitute sexual misbehavior, or disorderly conduct (depending on circumstances) which are prohibited under separate University policies.
Immediate Assistance: A student who is a victim of sexual assault should immediately report the assault to the police and seek immediate medical and emotional assistance. In addition to contacting Otterbein University Police (emergency: 911/non-emergency: 614-823-1222), the student is encouraged to call on residence hall staff or other University faculty/staff which she/he feels most comfortable seeking immediate assistance from. Otterbein’s Police Department will assist with transportation to the hospital as needed. Until the victim has met with authorities, it is important not to bathe, shower, change clothes, douche, or disturb any of the physical evidence which may be necessary in the event of a disciplinary or criminal proceeding.
Reporting Process: Students, faculty, and staff should make reports of sexual assault to Otterbein Police who will investigate the report or notify the appropriate police agency. Otterbein faculty and staff will assist notifying authorities when requested by a victim. A victim of sexual assault has the option of pursing criminal charges and/or judicial sanctions against a suspect. Police reports are public information and thus accessible to the public. Judicial hearing reports are not accessible to the public as they are protected under the Family Educational Rights and Privacy Act. Should a victim decide not to pursue any charges criminally or judicially, the University reserves the right to conduct a judicial investigation and impose sanctions for the protection of the campus community. 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.
Support Process: The University 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 University 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 University’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. Otterbein Police and other University personnel will provide assistance in preserving materials considered relevant to the internal complaint process and will obtain, secure, and maintain evidence needed for criminal and/or judicial proceedings. 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 University and the Columbus community offer a variety of support services. Appointments to see a counselor through the University 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.
Criminal Process: A student may or may not decide to pursue judicial and/or criminal charges. Students who decide to pursue charges may do so through the University judicial process and/or the criminal justice system. Unless the victim decides not to pursue an investigation, a complete and thorough investigation and examination of the circumstances, evidence and statements related to the sexual assault will be conducted. Upon completion of the investigation, the case will be presented for consideration of charges to the prosecutor’s office with jurisdiction over the case for potential filing of criminal charges. Should the victim advise they do not want an investigation of the sexual assault, no criminal investigation of the sexual assault will be conducted. If a criminal investigation has already been initiated and the victim advises they do not want to pursue the investigation any further; any criminal investigation initiated will cease and the report along with the victim’s statement declaring their desire to discontinue the investigation will be forwarded to the prosecutor’s office for review.
Judicial Process: Upon completion of the investigation, if sufficient evidence indicates that a violation of the Student Code of Conduct has occurred, the matter will be referred to Judicial Council if the accused is a student at Otterbein University. The judicial procedures and practices specified in the Campus Life Handbook will be followed in cases of a violation of the Student Code of Conduct; specifically, the victim and the accused are entitled to the same opportunities to have others present during a disciplinary hearing. 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 judicial proceedings at any time by notifying the Judicial Officer in writing. However, the University may continue the proceedings if necessary for the well-being of the University 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. The Student Affairs person in charge of the judicial process shall ensure the training was conducted.
Potential Judicial Sanctions: Sexual assault is a Level IV Judicial violation. Potential sanctions that may be imposed following a sexual assault disciplinary hearing are as follows: Monetary Fine; Restitution; Restricted Access; Living Unit Probation; Living Unit Dismissal; Disciplinary Probation; Disciplinary Probation with Restrictions; Alcohol/Drug/Anger Assessment; Suspension; or Dismissal.
Requirement to Report Information: Given that sexual assault is a crime, disclosure by a survivor of an assault to any University official will be passed on to Otterbein 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 University utilizes sex offense definitions from the National Incident Based Reporting Systems edition of the Uniform Crime Reporting Program which are as follows: Forcible Sex Offenses: a) rape, b) sodomy, c) sexual assault with an object, d) forcibly fondling; and Non-Forcible Sex Offenses: a) incest, b) statutory rape.
Education and Training: Responsibility for educating the University community about sexual assault will rest with the Office of Vice President for Student Affairs and the Director of Human Resources. All Otterbein employees receive on-line training addressing sexual assault. Additionally, students, faculty and staff are provided several educational opportunities through printed materials and programs designed to assist members of the campus community in recognizing and preventing sexual assault.
Consensual Relationships: The University 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 University 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.
This is a Level III Violation. 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 byan 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.
This is a Level II Violation. 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 University owned fraternity or sorority houses. In addition, students who smoke are expected to maintain a 20-foot distance between themselves and any University 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.
This is a level II violation.
1. 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.
2. 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.
3. 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 University and not receiving prior approval from the Vice President for Student Affairs shall not be permitted on campus.
4. Door-to-door promotion of non-residence life sponsored events/services is not permitted in the residence halls.
5. Sales by individuals for profit shall not be permitted within the residence halls, theme houses or Commons apartments.
6. Recognized student organizations may sponsor moneymaking events by having a person or organization outside the University 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.
7. Any moneymaking events must be in compliance with Federal, State and Local laws, and University gambling policies. (See Gambling Policy for more information.)
This is a level II violation. 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 University 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.
These are a level III violation.
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 Otterbein Police Department 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.
In keeping with Otterbein’s commitment of educating our student to become responsible community citizens, the University will address student misconduct, both on and off campus. The University 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 University may contact the student to further investigate and/or initiate formal University judicial charges as deemed necessary.
These are a level II violation. All hall lounges with external entrances/exits have a 24-hour visitation policy, unless the Hall Council chooses to reduce the hours. Residents and guests are responsible for knowing the hours. Hall Council will post signs in the lounge if it does not have 24 hour visitation. Visitation is prohibited in all hall areas except 24-hour lounges during non-visitation hours. Hall lounges without external entrances/exits (located on residential floors and only accessible by walking through the floor) will have visitation hours for guests the same as the residential floor. Residents of the floor may use the lounges 24 hours a day.
Traditional and Suite-Style Residence Hall, residents may have guests of the opposite sex visit their rooms daily from 9 a.m. until 2 a.m.
Theme Houses, Fraternity and Sorority House residents may have guests of the opposite sex visit their rooms daily from 9 a.m. until 2 a.m.
Commons Apartment residents may have guests of the opposite sex visit their apartments 24 hours a day as long as all apartment residents agree.
Overnight Visitation – Overnight guests may reside with the student in his/her residence hall room, theme house or Commons apartment provided the roommate/house/apartment mates of the resident agree, the overnight guest agrees to follow all housing and campus policies and the resident registers his/her overnight guest with the hall director and/or Office of Residence Life. Residents shall take full responsibility for the actions of their guests including any violations of campus policies. Traditional and Suite-Style Residence Halls, Theme Houses, Sorority and Fraternity Houses residents may only have overnight guests of the same sex (except during Little Sibs Weekend when the policy is slightly adjusted.) Guests may stay for a maximum of two nights in a row with only the approval of their room/suite/house/apartment mates (guest must still be registered with the hall director). Special written permission from the hall director is required for a guest staying up to four nights. Guests staying longer than four nights must have written permission from the Director of Residence Life for a stay up to seven consecutive nights. To request permission, students should email the Director of Residence Life with the name of their guest and dates of requested visitation at least 48 hours before the visit is to begin. Guests may not stay longer than seven nights in the residence halls, theme houses or Commons apartments at any one period of time or stay for more than two periods of seven consecutive nights during an academic year.
Escort Policy - Residents are responsible for any guest they invite into the building and remain with the guest for their entire stay in the hall. Residents shall meet their guests at the building entrance. Telephones on the exterior of the building are provided so guests can call the resident to meet them at the door. Anyone not living in the building is considered to be a guest, including other students, faculty, staff and parents. Residents are responsible for assuring their guest is fully aware of and follows all policies while in the building. Any unescorted guest will be asked to leave the building immediately. The guest and the resident they are visiting will be held responsible for violating the Code of Conduct. Residents are encouraged to assure their safety by inquiring if someone does not appear to be a hall resident and reporting any unescorted guests to the hall staff and/or University Security/Police.
View the Residence Life and On-Campus Housing Policies for additional policies for residence halls, theme houses and Commons Apartments.