Ohio Admin. Code 3335-23-04

Current through all regulations passed and filed through November 4, 2024

Section 3335-23-04 - Prohibited conduct

Any student found to have engaged, or attempted to engage, in any of the following conduct while within the university's jurisdiction, as set forth in rule 3335-23-02 of the Administrative Code, will be subject to disciplinary action by the university. For the purposes of this rule, attempt shall be defined as conduct that, if successful, would constitute or result in the prohibited conduct.

(A) Academic misconduct.

Any activity that tends to compromise the academic integrity of the university or subvert the educational process. Examples of academic misconduct include, but are not limited to:

(1) Violation of course rules and/or assignment guidelines as contained in the course syllabus or other information provided to the student;

(2) Knowingly requesting, providing, and/or receiving unauthorized information, materials, and/or assistance during academic activities;

(3) Possession and/or use of unauthorized information, materials, and/or assistance during academic activities;

(4) Submitting plagiarized work for an academic requirement. Plagiarism is the representation, including but not limited to copying, of another's work or ideas as one's own; it includes the unacknowledged word-for-word use and/or paraphrasing of another person's work, and/or the inappropriate unacknowledged use of another person's ideas;

(5) Unauthorized use of generative artificial intelligence systems or similar technologies to complete academic activities;

(6) Submitting substantially the same work to satisfy requirements for one course or academic requirement that has been submitted in satisfaction of requirements for another course or academic requirement, without permission of the instructor of the course for which the work is being submitted or supervising authority for the academic requirement. This includes submitting the same work for courses that the student is retaking pursuant to the university's grade forgiveness rule;

(7) Falsification, fabrication, or dishonesty in creating or reporting laboratory results, research results, and/or academic activities;

(8) Serving as, or enlisting the assistance of a substitute for a student in academic activities;

(9) Alteration of grades or marks by the student in an effort to change the earned grade or credit;

(10) Alteration of academically-related university forms or records, or unauthorized use of those forms or records;

(11) Engaging in activities that unfairly place other students at a disadvantage, including but not limited to taking, hiding, or altering resource material, or manipulating a grading system;

(12) Violation of program regulations and/or policies as established by departmental committees and made available to students; and

(13) Providing falsified materials, documents, or records to a university official to meet academic qualifications, criteria, or requirements, including but not limited to submitting falsified doctor's notes and/or falsified transcripts.

(B) Endangering health or safety.

(1) Endangering behavior: Taking or threatening action that endangers the safety, physical or mental health, or life of any person, or creates a reasonable fear of such action.

(2) Stalking: Engaging in a pattern of unwanted conduct directed at another person that threatens or endangers the safety, physical or mental health, or life or property of that person, or creates a reasonable fear of such a threat or action. When stalking is sex- or gender-based, it falls under the university's non-discrimination, harassment, and sexual misconduct policy.

(3) Operating a vehicle while impaired by alcohol or drugs in a manner that endangers the safety of the university community.

(C) Destruction of property.

Actual or threatened damage to or destruction of university property or property of others, whether done intentionally or with reckless disregard.

(D) Dangerous weapons or devices.

Storage, or possession of dangerous weapons, devices, or substances including, but not limited to, firearms, ammunition, or fireworks, unless authorized by an appropriate university official or permitted by a university policy, even if otherwise permitted by law. Use or misuse of weapons, devices, or substances in a manner that causes or threatens serious harm to the safety or security of others. As required by section 2923.1210 of the Revised Code, this rule does not prohibit a student who has been issued a valid concealed handgun license from transporting or storing a firearm or ammunition when both of the following conditions are met:

(1) Each firearm and all of the ammunition remains inside the person's privately-owned motor vehicle while the person is physically present inside the motor vehicle, or each firearm and all of the ammunition is locked within the trunk, glove box, or other enclosed compartment or container within or on the person's privately owned motor vehicle;

(2) The vehicle is in a location where it is otherwise permitted to be.

(E) Dishonest conduct.

Dishonest conduct, including, but not limited to, knowingly reporting a false emergency; knowingly making false accusation of misconduct; misuse or falsification of university or related documents by actions such as forgery, alteration, or improper transfer; possession, use or manufacturing of a false identification document; submission of information known by the submitter to be false to a university official.

(F) Theft or unauthorized use of property.

Theft or the unauthorized use or possession of university property, services, resources, or the property of others.

(G) Failure to comply with university or civil authority.

Failure to comply with legitimate directives of authorized university officials, law enforcement or emergency personnel, identified as such, in the performance of their duties, including failure to identify oneself when so requested; or violation of the terms of a disciplinary sanction.

(H) Drugs.

Use, being under the influence of, production, distribution, sale, or possession of drugs, and/or drug paraphernalia in a manner prohibited under law or applicable university policy or university facility policy, such as within the Ohio stadium and the Schottenstein center. This includes, but is not limited to, the misuse of prescription drugs.

(I) Alcohol.

Use, underage intoxication, production, distribution, sale, or possession of alcohol in a manner prohibited under law or applicable university policy or university facility policy, such as within the Ohio stadium and the Schottenstein center.

(J) Unauthorized presence.

Unauthorized entrance to or presence in or on university premises.

(K) Disorderly or disruptive conduct.

Disorderly or disruptive conduct that unreasonably interferes with university activities or with the legitimate activities of any member of the university community.

(L) Hazing.

Doing, requiring, or encouraging any act, whether or not the act is voluntarily agreed upon, tied to initiation, continued membership, or participation in any group, that causes or creates a substantial risk of causing mental or physical harm or humiliation. Such acts may include, but are not limited to, using alcohol, creating excessive fatigue, and paddling, punching, or kicking in any form. Failure to intervene, prevent, or report acts of hazing may constitute a violation of this rule.

(M) Student conduct system abuse.

Abuse of any university student conduct system, including but not limited to:

(1) Failure to obey the summons or directives of a hearing body, as defined in rule 3335-23-10 of the Administrative Code, or university official;

(2) Falsification, distortion, or misrepresentation of information before a hearing body, as defined in rule 3335-23-10 of the Administrative Code, or university official;

(3) Disruption or interference with the orderly conduct of a student conduct proceeding;

(4) Knowingly instituting a student conduct proceeding without cause;

(5) Discouraging an individual's proper participation in, or use of, a university student conduct system;

(6) Influencing the impartiality of a member of a hearing body, as defined in rule 3335-23-10 of the Administrative Code, prior to, and/or during the course of a student conduct proceeding;

(7) Harassment and/or intimidation of a member of a hearing body, as defined in rule 3335-23-10 of the Administrative Code, or university offical prior to, during, and/or after a student conduct proceeding;

(8) Failure to comply with one or more sanctions imposed under the code of student conduct; and

(9) Influencing another person to commit an abuse of a university student conduct system.

(N) Violation of university rules or federal, state, and local laws.

Violation of other published university rules, policies, standards, and/or guidelines, including, but not limited to, those which prohibit the misuse of computing resources, rules for student groups or organizations, and residence hall rules and regulations. Students may be held accountable under the procedures described in other published rules, policies, standards and guidelines and under the provisions of this code of student conduct regardless of whether action is undertaken under this code of student conduct. Students are responsible for reviewing and understanding the rules, standards and guidelines provided to them by their academic programs and colleges. Applicable policies are found at https://policies.osu.edu.

Conviction or acceptance of responsibility - including a judicial finding of guilt, pleas of no contest or "no-lo contendere" - for state, local or federal crimes when the underlying behavior has a substantial connection or relationship to the university's property, programs or could reasonably impact the health, safety, or security of members of the university community.

(O) Riotous behavior.

(1) Participation in a disturbance with the purpose to commit or incite any action that presents a clear and present danger to others, causes physical harm to others, or damages property.

(2) Proscribed behavior in the context of a riot includes, but is not limited to:

(a) Knowingly engaging in conduct designed to incite another to engage in riotous behavior; and

(b) Actual or threatened damage to or destruction of university property or property of others, whether done intentionally or with reckless disregard; and

(c) Failing to comply with a directive to disperse by university officials, law enforcement or emergency personnel; and

(d) Making explicit or implied threats in a manner that causes a reasonable fear of harm in another; and

(e) Impeding, hindering, or obstructing a university official, law enforcement, or emergency personnel in the performance of their duties.

(3) This rule shall not be interpreted as proscribing peaceful demonstrations, peaceful picketing, a call for a peaceful boycott, or other forms of peaceful dissent.

(P) Recording or distribution without knowledge.

Using electronic or other means to make or distribute a video, audio, or photographic record of any person in a location where there is a reasonable expectation of privacy without the person's prior knowledge, when such a recording is likely to cause injury, distress, or damage to reputation. This includes, but is not limited to, taking video, audio, or photographic records in shower/locker rooms, residence hall rooms, and restrooms. The storing, sharing, and/or distributing of such unauthorized records by any means is also prohibited.

(Q) Public urination or defecation.

Urination or defecation in a place such as a sidewalk, street, park, alley or yard, residence hall space, or on any other place or physical property that is not intended for use as a restroom.

(R) Retaliation.

Any intentional adverse action against any individual who makes an allegation, files a report, serves as a witness, assists a complainant or respondent, or participates in any university investigation or proceeding.

(S) Harm to animals.

Intentional physical harm or threats of harm to animals, including but not limited to companion animals, service animals, or emotional support animals.

Lawful hunting and fishing is not prohibited by this code of student conduct. The care and use of animals involved in research activities is governed by the office of responsible research practices institutional animal care and use committee and not this code.

Ohio Admin. Code 3335-23-04

Effective: 1/25/2024
Promulgated Under: 111.15
Statutory Authority: 3335
Rule Amplifies: 3335.08
Prior Effective Dates: 03/13/1978, 11/10/1979, 12/05/1981, 11/01/1982, 03/07/1987, 04/29/1989, 04/09/2001, 08/11/2003, 08/14/2006, 01/11/2008, 06/01/2012, 06/23/2016, 03/08/2017, 11/11/2020