Section 3361:40-05-06 - Conduct, rights and responsibilities: anti-hazing policy(A) Statement on hazing. Hazing is intolerable and presents a serious risk to the health and safety of students. University of Cincinnati prohibits hazing as set forth in this antihazing policy and the laws of the state of Ohio.
(B) Application. This anti-hazing policy applies to all members of the university community, including faculty, staff, students, organizations, alumni, volunteers, as well as visitors and other licensees and invitees. "Organization" means registered student organizations; students seeking to register as a student organization; intramural, club and varsity athletic teams; fraternities, sororities; and other student groups.
(C) Jurisdiction. This anti-hazing policy applies to conduct that occurs on or off campus, between two or more people who are affiliated with the university or any student or other organization associated with the university.
(D) Definition. "Hazing" means doing any act or coercing another, including the victim, to do any act of initiation into any student or other organization or any act to continue or reinstate membership in or affiliation with any student or other organization that causes or creates a substantial risk of causing mental or physical harm to any person, including coercing another to consume alcohol or a drug of abuse, as defined in section 3719.011 of the Revised Code.
(1) It shall not be a defense to a charge of hazing that an individual consented to the conduct in question.(2) Actions and activities which constitute "hazing" include, but shall not be limited to, the following: (a) Any activity that creates a substantial risk of physical or mental harm to the individual.(b) Enduring brutality of a sexual or physical nature, including, whipping, paddling, beating, branding, calisthenics, or exposure to the elements.(c) Wearing anything designed to be degrading or to cause discomfort.(d) Depriving individuals of sleep or proper and adequate means, or access to means, of maintaining body cleanliness.(e) Activities that interfere with an individual's academic efforts by causing exhaustion, or loss of reasonable study time.(g) Eating or drinking foreign or unusual substances, including alcohol or anything an individual chooses not to eat or drink.(h) Having any object or substance thrown at, poured on, attached to or otherwise applied to the bodies of individuals.(i) Any activity or game that makes an individual the object of amusement, ridicule, or intimidation or which cause the individual to be degraded or humiliated.(j) Kidnapping, transporting and/or stranding anyone.(k) Interrogations or audible stress such as yelling or loud noises.(l) Activities that violate federal, state, or local law, regardless of whether an arrest is made, or criminal charges are brought.(m) Activities which are contrary to the policies and rules of the university.(E) Reporting hazing (1) Mandatory reporting to law enforcement. Per Ohio law, an administrator, employee, faculty member, teacher, consultant, alumnus, or volunteers of any organization, who is acting in an official and professional capacity, shall immediately report the knowledge of hazing to a law enforcement agency in the county in which the victim of hazing resides or in which the hazing is occurring or has occurred.(2) Mandatory reporting to the university. A mandatory reporter must immediately report knowledge of hazing, as defined in paragraph (D) of this anti-hazing policy, to the university. A mandatory reporter who fails to make a timely report may be subject to appropriate discipline. Each of the following is considered a mandatory reporter: (a) Any full or part-time employee of the university (including student employees and graduate assistants).(b) Any volunteer acting in an official capacity who advises or coaches an organization and who has direct contact with students.(c) Employees who are required by law to protect confidentiality are exempt from this requirement.(3) Individuals may report hazing to the university by contacting any of the following: (a) The office of student conduct and community standards;(b) The university of Cincinnati police division or other local law enforcement; or(c) EthicsPoint anonymous reporting hotline. The university will review and take appropriate action on anonymous reports, but please note that the university's ability to investigate anonymous reports may be limited.(4) Reports made pursuant to this anti-hazing policy do not supersede or replace other reporting obligations.(F) Procedure (1) A copy of this anti-hazing policy will be provided to each organization within the university and will be posted on the university's website.(2) Any violation of this anti-hazing policy by a student or student organization shall be handled pursuant to the student code of conduct, rule 3361:40-05-5 of the Administrative Code, including determining if interim measures are needed to protect the safety and/or well-being of others. Any violation of this anti-hazing policy by faculty, staff, alumni, volunteers, as well as visitors and other licensees and invitees, shall be handled pursuant to applicable university policies, collective bargaining agreements, or other agreements.(3) If the local organization is a chapter of a national organization, the appropriate administrative unit shall inform the national headquarters of the alleged violations and of any conduct action taken.(4) The office of student conduct and community standards will always notify the appropriate law enforcement agency or agencies when a report of hazing is received and document that the notification was made. Hazing is a criminal offense in Ohio.(5) Hazing is a serious offense. Students and student organizations are subject to the full range of sanctions set forth in the student code of conduct, rule 3361:40-05-05 of the Administrative Code, including but not limited to educational activities, reprimand, probation, suspension, and expulsion. Faculty, staff, alumni, volunteers, as well as visitors and other licensees and invitees, are subject to the full range of sanctions set forth in applicable university policies, collective bargaining agreements, or other agreements, including but not limited to, training, written reprimand, probation, suspension, termination, and contract termination.(G) Reporting data The office of student conduct and community standards will maintain a report of all violations of this anti-hazing policy that are reported to the university and which result in a charge of violation of this anti-hazing policy. The university will update the report bi-annually on January first and August first of each year and will post the updated report on the university's website. The university shall retain reports for the current academic year as well as for five consecutive academic years, or as otherwise consistent with applicable law.
(H) Training and education (1) The office of fraternity and sorority life, in partnership with the center for student involvement, will provide all faculty, staff, and volunteers that advise or coach a university known organization, and have direct contact with students, with mandatory training on hazing.(2) The university will provide all students with an educational program on hazing. Students will have an opportunity to complete the program during new student orientation.(3) The university will verify each student's attendance at the educational program on hazing. Students who do not complete the program are prohibited from participating in an organization until the student completes the program. An organization shall not accept or initiate any person who has not completed the program.(4) An organization is required to conduct mandatory training on hazing for any volunteer who has contact with students. Replaces: 3361:40-03-12
Ohio Admin. Code 3361:40-05-06
Effective: 7/21/2023
Promulgated Under: 111.15
Statutory Authority: 3361.
Rule Amplifies: 3361.
Prior Effective Dates: 07/08/2023, 12/21/2023