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Code I Offenses

Code I violations are subject to a maximum sanction of expulsion or any sanction not less than probation, and in most instances, mandatory referral. Being under the influence of drugs and/or alcohol does not diminish or excuse a violation of the Student Code of Conduct.

Academic Related Offenses

  1. Academic Misconduct refers to dishonesty in examination (cheating); presenting the ideas or writing of someone else as one's own (plagiarism); knowingly furnishing false information to the college by forgery, alteration, or misuse of college documents, records, or identification. Academic dishonesty includes but is not limited to:
    1. Permitting another student to plagiarize or cheat from your work
    2. Submitting an academic exercise, written work, project, or computer program that has been prepared totally or in part by another
    3. Acquiring improper knowledge of the contents of an exam
    4. Using unauthorized material during an exam
    5. Submitting the same paper in two different courses without knowledge and consent of all faculty members involved
    6. Obtaining academic material through stealing or other unauthorized means.
    7. Falsification of research findings and methodology
  2. Disruption/Obstruction of teaching, administration, disciplinary proceeding, other hearings, or other activities on or off campus
  3. Unauthorized or Unsafe Use of any college or privately owned equipment

Alcohol Related Offenses

(Please note: The Family Educational Rights and Privacy Act, more commonly known as FERPA, allows the Office of CS&E (or designee) to notify parents of students under the age of 21 in the event of alcohol and other drug violations).

  1. Misuse of alcohol on or off the Hocking College Campus, which demonstrate danger to one's self and/or others
  2. Repeated alcohol violations

Drug Related Offenses

(Please note: The Family Educational Rights and Privacy Act, more commonly known as FERPA, allows the Office of CS&E (or designee) to notify parents of students under the age of 21 in the event of alcohol and other drug violations).

  1. Manufacture, distribution, sale, offer for sale, or possession of legal or illegal drugs or narcotics including, but not limited to:
    1. Barbiturates
    2. Hallucinogens
    3. Amphetamines
    4. Marijuana
    5. Cocaine
    6. Opium
    7. Heroin
  2. Illegal drugs or legal medications used in a fashion other than directed are prohibited
  3. Possession/Use of marijuana when such possession would constitute a minor misdemeanor
  4. Possession of drug paraphernalia
  5. Repeated drug-related violation of the Hocking College Code of Conduct

Weapon Related Offenses

  1. Unauthorized Possession of Weapons including, but not limited to:
    1. Firearms and/or Guns
    2. Dangerous Chemicals
    3. Explosive devices of any description
    4. Fireworks
      1. Unauthorized use of any not permitted for use in the State of Ohio
      2. Unauthorized possession or use of any commercial fireworks
  2. Illegal knives
  3. Other implements that could be considered as dangerous.

Mental or Bodily Related Offenses

(Please note: The college has special concern for incidents in which persons are subject to victimization because of identification with any particular group.)

  1. Abuse of others includes, but is not limited to:
    1. Verbal, written, graphic, or electronic abuse
    2. Bullying, defined as the repeated use of written, verbal, or electronic/cyber expression and/or communication and/or a verbal, electronic or physical act or gesture or any combination thereof directed at a member of the college community that:
      1. Causes physical, psychological and/or emotional harm to a college community member or damage to his/her property
      2. Places a college community member in reasonable fear of harm to him/herself or damage to his/her property
      3. Creates a hostile, threatening, intimidating, humiliating or abusive environment (at the college) for a college community member or substantially interferes with his/her educational performance, opportunities or benefits. For purposes of this section, bullying may include, but is not limited to:
        • Social exclusion or isolation
        • Humiliation or degradation
        • Threats
        • Intimidation
        • Harassment
        • Stalking
        • Theft and/or damage/destruction of property
      4. The perpetuation of any of the conduct listed in this section by inciting, soliciting, or coercing others to demean, embarrass, humiliate or cause emotional, psychological or physical harm to a member of the college community.
    3. Taking any reckless, but not accidental, action from which bodily or mental harm could result to any person
    4. Causing a person to believe that the offender may cause harm to another or the property of another
    5. Any act, which demeans, degrades, or disgraces any person including one's self
    6. Disorderly, lewd, or indecent conduct refers to behavior that a reasonable person believes to be offensive, degrading, or insulting.
    7. Harassment
      In general, harassment is unwelcome verbal or physical conduct, based upon race, color, religion, sex, sexual orientation, gender, national origin, age, disability, status as a military veteran or protected activity (e.g., opposition to prohibited discrimination or participation in the statutory complaint process), that unreasonably interferes with the person's work or educational performance or creates an intimidating or hostile work or educational environment. Violations of this policy are very serious and will subject the offender(s) to more serious levels of sanctioning.
      1. Attempting or threatening to subject another person to unwanted physical contact.
      2. Pursuing, stalking or following another person in or about a public place or places.
      3. Non-consensual communication, including but not limited to: initiating or attempting contact by any means with no purpose of legitimate conversation; written letters; e-mail; text messaging; instant messaging; voicemail; unwanted gifts; surveillance or other types of photographing or observation; trespassing; vandalism; and non-consensual touching.
      4. Directing obscene language or gestures at another person or group of people.
      5. Directing verbal abuse at another person because the individual is carrying out duties and responsibilities associated with his/her role as faculty, staff or student staff at the college.
      6. Distributing information about another individual without their consent using paper, electronic or telecommunication devices. Examples include but are not limited to: on-line journals, blogs, instant messages, text messages, and digital recording devices.
      7. Making any unauthorized video or photographic images of a person in a location in which that person has a reasonable expectation of privacy including but not limited to showers/locker rooms, residence hall rooms and restrooms is prohibited. Also prohibited is the storing, sharing and/or other distribution of such unauthorized images by any means.
    8. Endangering Behavior - conduct demonstrating that the student constitutes a threat to others or to the proper functioning of the college.
    9. Inappropriate Sexual Behavior/Sexual Violence Sexual misconduct offenses include, but are not limited to:
      1. Sexual Harassment
        • unwelcome, gender-based verbal or physical conduct that is,
        • sufficiently severe, persistent or pervasive that it,
        • unreasonably interferes with, denies or limits someone's ability to participate in or benefit from the college's educational programs and/or activities, and is
        • based on power differentials (quid pro quo), the creation of a hostile environment, or retaliation
        (Examples include: an attempt to coerce an unwilling person into a sexual relationship; to repeatedly subject a person to egregious, unwelcome sexual attention; to punish a refusal to comply with a sexual based request; to condition a benefit on submitting to sexual advances; sexual violence; intimate partner violence, stalking; gender-based bullying)
      2. Sexual Assault
        • With penetration, defined as the oral, anal, or vaginal penetration by an inanimate object, penis, or other bodily part without consent The act of penetration will be considered without consent if there is a condition of which the offending student was or should have been made aware, such as drug and/or alcohol intoxication, coercion, and/or verbal or physical threats, including being threatened with future harm.
        • Without penetration, defined as the unwanted touching of the intimate body parts of another (for example: breasts, buttocks, groin, genitals, or the clothing covering them) or the unwanted touching of a body part not usually considered intimate such as massage). These acts will be considered unwanted and without consent if the victim was unable to give consent due to a condition of which the offending student was or should have been aware, such as drug and/or alcohol intoxication, coercion, and/or verbal or physical threats, including being threatened with future harm.
      3. Sexual Misconduct
        • Any unwanted act that is intended in a sexual nature. Examples include, but are not limited to:
        • Exposing one's genitals or other intimate body parts to a particular person or to the general public
        • Repeated sexually charged verbal abuse related to one's gender
        • Repeated obscene phone calls or mail
        • The viewing, filming, and/or disseminating any recording of any type of sexual acts, partial or full nudity, inappropriate materials, sounds, or images of another person without the knowledge and expressed permission of all parties involved
      4. Non Consensual Sexual Contact (or attempts to commit same)
        • Any intentional sexual touching however slight with any object by a man or a woman upon a man or a woman that is without consent and/or by force
      5. Non Consensual Sexual Intercourse (or attempts to commit same)
        • Any sexual intercourse however slight with any object, by a man or a woman on a man or a woman, that is without consent and/or by force
      6. Sexual Exploitation
        Occurs when a student takes non-consensual or abusive sexual advantage of another for his/her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute one of other sexual misconduct offenses. Examples include, but are not limited to:
        • invasion of sexual privacy
        • prostituting another student
        • non-consensual video or audio recording of sexual activity
        • going beyond the boundaries of consent (such as letting your friends hide in the closet to watch you have consensual sex)
        • engaging in voyeurism
        • knowingly transmitting and STI or HIV to another student
        • exposing one's genitals in non-consensual circumstances; inducing another to expose their genitals
        • sexually-based stalking and/or bullying may also be forms of sexual exploitation

      Additional Applicable Definitions

      • Consent: Consent is clear, knowing and voluntary. Consent is active, not passive. Silence, in and of itself, cannot be interpreted as consent. Consent can be given by words or actions, as long as those words or actions create mutually understandable clear permission regarding willingness to engage in sexual activity. Consent cannot be given by a person who is mentally or physically incapacitated.
      • Incapacitation: A state where someone cannot make rational, reasonable decisions because they lack the capacity to give knowing consent. Incapacity can result from mental disability, sleep, involuntary physical restraint, or by alcohol or other drug use, unconsciousness or blackout. Sexual activity with someone who one should know to be - or based on the circumstances should reasonably have known to be - incapacitated constitutes a violation of this policy.
      • Force: force is the use of physical violence and/or imposing on someone physically to gain sexual access. Force also includes threats, intimidation (implied threats) and coercion that overcome resistance or produce consent.
      • Coercion is unreasonable pressure for sexual activity and differs from seduction based on the type of pressure someone uses to get consent from another. When someone makes it clear to you that they don't want sex, that they want to stop, or don't want to go past a certain point, continued pressure can be coercive.

      Victim's Rights as Related to Sexual Misconduct

      Because the college values the dignity of each member of its community, the college wants to ensure the individual rights of anyone from this community who reports sexual assault or rape. Therefore, the college endorses and upholds the rights listed in the Victim's Rights Section.

    10. Discrimination refers to intentional public discrimination against a person on the basis of race, color, religion, sex, sexual orientation, political persuasion, national origin, ancestry, age, handicap, or veteran's status.

Theft, Misuse, Destruction, and Trespass Related Offenses

  1. Negligent Destruction of Property refers to the intentional or reckless, but not accidental, damage, destruction, defacement, or tampering with college property or the property of any person while on college premises or during any college-related function.
  2. Theft refers to the theft of property or services of the college or members of the Hocking College community.
  3. Possession of Stolen Property refers to possessing property reasonably suspected to be stolen that may be identified as property of the college or a member of the Hocking College community.
  4. Forcible Entry to Trespass refers to forcible or unauthorized entry into any building, structure, or facility.
  5. Misuse or Abuse of Computers and Communication Equipment refers to misuse or abuse of any computing, resources including: computer system, service, program, data, or communication network, software and host files. (See Computer and Network Usage Policy)
  6. Misuse of Electronic Resources and Social Media refers to electronic systems or methods (for example, email, mobile phone, instant messaging, chat rooms and message boards, video-hosting sites, webcams, social networking sites, virtual learning environments) to steal, misrepresent, threaten, harass, or bully (including cyber bullying), sending inappropriate comments, images, or videos, or violations of the Computer and Network Usage Policy and/or any other computer or system use.
  7. Misuse of Safety/Security Equipment refers to unauthorized use or alteration of firefighting equipment, safety devices, smoke alarm detectors, security cameras, or other emergency safety/security equipment.
  8. Repeated Occurrences of Financial Irresponsibility refers to students who repeatedly fail to meet financial responsibility to the college, including but not limited to the writing of checks on accounts with insufficient funds, and failure to meet financial obligations due to the college.
  9. Arson refers to intentionally engaging in the open burning of any material or substance on any part of the college property without privilege or expressed authorization, such as part of an instructional class or session.

College Policy, Criminal Law, and Judicial Process Related Offenses

  1. Insubordination includes, but is not limited to the act of willfully disobeying an authority figure.
  2. Dishonesty includes but is not limited to:
    1. Furnishing false information to the college by forgery, alteration, or misuse of, among other things, college documents or records
    2. Furnishing to the college a written or verbal false statement
    3. Furnishing false identification to a college official
  3. Violation of Probation refers to the violation of the Student Code of Conduct while on probation, or violation of the terms of probation.
  4. Impeding refers to the obstruction of the free flow of pedestrian or vehicular traffic on college premises or a college sponsored function.
  5. Civil Disturbance refers to any conduct that involves disturbing the peace. Disturbing the peace can include, but is not limited to:
    1. Disorderly conduct
    2. Failure to comply with the directives of Campus Safety or other college officials
    3. Failure to comply with an order of dispersal
    4. Other such conduct, which can reasonably be construed to involve disturbing the peace and good order of the college community
    5. If the conduct is deemed to be of a lesser magnitude, the Director of CS&E (or designee) may charge the student with a lesser charge of Disturbing the Peace (Code 2).
  6. False Reporting of an Emergency refers to causing, making, or circulating a false report or warning of a bomb, fire (including activation of the fire alarm), explosion, crime, or other emergency.
  7. Conduct in Violation of Federal, State, or Local Laws refers to conduct, which could be perceived as a violation of federal, state, or local laws.
  8. Abuse of the Judicial System includes, but is not limited to:
    1. Failure to obey the summons of a judicial body or college official
    2. Falsification, distortion, or misrepresentation of information before a judicial body
    3. Disruption or interference with the orderly conduct of a judicial proceeding
    4. Attempting to discourage an individual's proper participation in or use of the judicial system
    5. Attempting to influence the impartiality of a member of a judicial body prior to and/or during the course of the judicial proceeding
    6. Verbal or physical harassment and/or intimidation of a member of the judicial body prior to and/or during the course of the judicial proceeding
    7. Harassment (verbal or physical) and/or intimidation of a student member of a Conduct Board prior to, during, and/or after a student conduct code proceeding.
    8. Failure to comply with the sanctions imposed under the Student Code
    9. Influencing or attempting to influence another person to commit an abuse of the judicial system
  9. Aiding or Abetting refers to helping, procuring, or encouraging another person to engage in the violation of a Code I offense.
  10. Joint Responsibility refers to everyone present when and where one or more policy violations is/are occurring, who choose to remain there.
  11. Disruption/Obstruction refers to the disruption or obstruction of activities related to supporting a safe and orderly campus.
  12. Repeated Violation of Residence Hall Policies refers to members of or visiting members of the Residence Life Community who repeatedly fail to abide by the rules and regulations set forth by the Residence Life Policy Handbook.