Student Responsibilities

This is an archived copy of the 2013-14 catalog. To access the most recent version of the catalog, please visit http://catalog.cincinnatistate.edu.

Student Code of Conduct

Introduction and Purpose

The student code of conduct is established to foster and protect the core missions of the College, to foster the scholarly and civic development of the College’s students in a safe and secure learning environment, and to protect the people, properties and processes that support the College and its missions. The core mission of the College is to provide student focused, accessible quality technical and general education, academic transfer, experiential and cooperative education, and workforce development.

Information and/or complaints regarding academic misconduct such as cheating, plagiarism, fabrication, or other forms of academic dishonesty will be referred to the Dean of the academic division in which the course is taught. The Academic Integrity Policy and Violations Procedure is provided in the Academic Polices and Procedures section of this catalog.

Jurisdiction

The code applies to the on-campus conduct of all students and registered student organizations. The code also applies to the off-campus conduct of students and registered student organizations in direct connection with:

  1. Academic course requirements or any credit or non-credit bearing experiences, such as internships, co-ops, field trips, study abroad, or student teaching;
  2. Any activity supporting pursuit of a degree, such as research at another institution or a professional practice assignment;
  3. Any activity sponsored, conducted, or authorized by the College or by registered student organizations;
  4. Any activity that causes substantial destruction of property belonging to the College or members of the College community or causes serious harm to the health or safety of members of the College community

The College reserves the right to administer the code and proceed with the hearing process even if the student withdraws from the College, is no longer enrolled in classes, or subsequently fails to meet the definition of a student while a disciplinary matter is pending.

Students continue to be subject to city, state, and federal laws while at the College, and violations of those laws may also constitute violations of the code. In such instances, the College may proceed with College disciplinary action under the code independently of any criminal proceeding involving the same conduct and may impose sanctions for violation of the code even if such criminal proceeding is not yet resolved or is resolved in the student’s favor.

Definitions

  1. The term “COLLEGE” means Cincinnati State Technical and Community College.
  2. The term “STUDENT” includes all persons taking courses (credit or non-credit) at the College both full-time and part-time, pursuing undergraduate or professional studies and those who attend other post-secondary educational institutions at a Cincinnati State location. Persons who are not officially enrolled for a particular term but who have a continuing relationship with the College are considered “students.”
  3. The term “FACULTY MEMBER” means any person hired by the College to conduct classroom activities.
  4. The term “COLLEGE OFFICIAL” includes any person employed by the College performing assigned administrative or professional responsibilities.
  5. The term “MEMBER OF THE COLLEGE COMMUNITY” includes any person who is a student, faculty member, College official or any other person employed by the College. A person’s status in a particular situation shall be determined by the Dean of Enrollment and Student Development.
  6. The term “COLLEGE PREMISES” includes all land, buildings, facilities, and other property in the possession of or owned, used, leased, or controlled by the College including adjacent streets and sidewalks.
  7. The term “ORGANIZATION” means any number of persons who have complied with the formal requirements for College recognition or registration.
  8. The term “JUDICIAL BODY” means any person or persons authorized by the Dean of Enrollment and Student Development to determine whether a student has violated the student code and to recommend imposition of sanctions.
  9. The term “JUDICIAL ADVISOR” means the Dean of Enrollment and Student Development or a College official authorized on a case-by-case basis by the Dean of Enrollment and Student Development to impose sanctions upon students found to have violated the student code of conduct. The Dean of Enrollment and Student Development may authorize a judicial advisor to serve simultaneously as a judicial advisor and the sole member or one of the members of a judicial body. Nothing shall prevent the Dean of Enrollment and Student Development from authorizing the same judicial advisor to impose sanctions in all cases.
  10. The term “APPELLATE PANEL” means any person or persons authorized by the Dean of Enrollment and Student Development to consider an appeal from a judicial body’s determination that a student has violated the student code of conduct or from the sanctions imposed by the judicial advisor.
  11. The term “SHALL” is used in the imperative sense.
  12. The term “MAY” is used in the permissive sense.
  13. The Dean of Enrollment and Student Development (Dean) is that person designated by the College President to be responsible for the administration of the student code of conduct.
  14. The term “POLICY” is defined as the written regulations of the College as found in, but not limited to, the College catalog.
  15. The term “PRIVILEGES” includes, but is not limited to:
    1. use of College facilities (game room, fitness center, etc.),
    2. ability to be on campus outside of class times.

Prohibited Conduct

Any student found to have engaged, or attempted to engage, in any of the following conduct while within the College’s jurisdiction, will be subject to disciplinary action by the College.

Level I Prohibited Behaviors – First Time Misconduct or Minor Violations

Level I Prohibited Behaviors may include the following sanctions, or other appropriate sanctions as determined:

  • Written warning
  • Temporary loss of privileges
  • Monetary restitution
  • Referral to counseling
  • Attendance at selected workshops
  • An educational assignment, and/or
  • Work/service restitution
  1. Disruption of, or interference with, any College activity, including teaching, administration, or other public service functions on or off campus, or other authorized non-College activities, when the act occurs on College premises and does not involve bodily injury to any person;
  2. Public intoxication or the use, possession, sale, attempted sale, barter, exchange, gift or distribution of alcoholic beverages except as expressly permitted by law and College regulations;
  3. Attempted or actual theft of and/or damage to property of the College or property of a member of the College community or other personal or public property on campus, the total value which does not exceed $100.00;
  4. Misuse or misappropriation of College funds which does not exceed $100.00;
  5. Gambling, including unlawful games of chance for money or anything of value and the sale, barter, or other disposition of a ticket, order, or any interest in a scheme of chance by any name;
  6. Solicitation, distribution, selling or promotion of materials on Cincinnati State owned or controlled property. Exceptions include recognized student organizations after registering with the appropriate College official or permission from the event scheduling office.
  7. Violation of a College rule, a city, county ordinance or a federal or state misdemeanor offense involving no bodily injury or threat of bodily injury to any person;
  8. Failure to comply with the directions of College officials or law enforcement officers acting in the performance of their duties, and/or failure to identify oneself to these persons when requested to do so;
  9. Participation in a campus demonstration or unauthorized assembly that disrupts the normal operations of the College and infringes on the rights of other members of the College community; leading or inciting others to disrupt scheduled activities in any campus building or area; or intentional obstruction that unreasonably interferes with freedom of movement, either pedestrian or vehicular, on campus;
  10. Permitting another to use his or her College identification card, impersonating another, or misrepresenting authorization to act on behalf of another;
  11. Knowingly instituting a false charge against another person;
  12. Unauthorized use, alteration or in any way tampering with fire equipment, safety devices or safety equipment;
  13. Permitting someone other than a registered student or other authorized person to be in classrooms, labs, or other instructional facilities. Children who are in any campus facility must be supervised by a responsible person at least 16 years of age or older.
  14. Abuse of the judicial system, including but 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. institution of a judicial proceeding knowingly without cause.
    5. attempting to discourage an individual’s proper participation in, or use of, the judicial system.
    6. attempting to influence the impartiality of a member of a judicial body prior to, and/or during, and/or after a judicial proceeding.
    7. harassment (verbal or physical), and/or intimidation of a member of a judicial body prior to, during and/or after a judicial proceeding.
    8. failure to comply with the sanction(s) imposed under the student code.
    9. influencing or attempting to influence another person to commit an abuse of the judicial system.
  15. Violation of published College policies, rules or regulations.
  16. Using electronic or other means to make a video 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 or photographic images in shower/locker rooms or restrooms. The storing, sharing, and/or distributing of such unauthorized records by any means is also prohibited.
  17. Engaging in online behavior that violates the College’s Student Code of Conduct described above. Such conduct if it is brought to the attention of a College official will be treated as any other violation of the Student Code of Conduct.

Level II Prohibited Behaviors – Repeat Misconduct or More Serious Misconduct

Level II Prohibited Behaviors may include the following sanctions, or other appropriate sanctions as determined:

  • Written warning
  • Temporary loss of privileges
  • Written reprimand
  • Monetary restitution
  • Work/service restitution
  • Referral to a counselor
  • Educational assignment
  • Withdrawal from current classes
  • Probation
  • Suspension (including specific conditions for readmission) and/or, Permanent loss of privileges
  1. Physical abuse, verbal abuse, threats, intimidation, stalking, coercion and/or conduct that threatens or endangers the health and safety of any person;
  2. Use, possession, sale, attempted sale, barter, exchange, gift or distribution of narcotic or other controlled substances, or drug paraphernalia, except as expressly permitted by law;
  3. Attempted or actual theft of and/or damage to property of the College or property of a member of the College community or other personal or public property, the total value of which equals or exceeds $100.00;
  4. Misuse or misappropriation of College funds which equals or exceeds $100.00;
  5. Acts of dishonesty, including, but not limited to, the following:
    1. Furnishing false information to a College official or faculty member,
    2. Forgery, alteration, or misuse of any College document, record, or instrument of identification,
    3. Tampering with the election of any College recognized student organization.
  6. Hazing of any individual or organization. Hazing is defined as an act that endangers the mental or physical health or safety of a student, or that destroys or removes public or private property, for the purpose of initiation, admission into, affiliation with, or as a condition of continued membership in a group or organization, for which the acts do not result in bodily injury to any person;
  7. Theft or abuse of computer time, including, but not limited to:
    1. Unauthorized entrance into a file to intentionally damage, disable or impair computing or telecommunications equipment or software,
    2. Acquisition or use of software that does not adhere to applicable software licenses and copyright laws or is not consistent with College computer use policies,
    3. Introduction of viruses or other destructive software in College computer facilities,
    4. Unauthorized transfer of a file.
    5. Unauthorized use of another individual’s identification and password.
    6. Use of computing facilities to interfere with the work of another student, faculty member, or College official.
    7. Use of computing facilities to interfere with the normal operation of the College computing systems.
    8. Any violation of the Cincinnati State acceptable use of Information Technology Policy found in the College catalog.
    9. Library: For more information see course catalog and web site.
    10. Use of computer facilities to send obscene messages and/or images.
    11. Unauthorized access to secured computer labs.
  8. Unauthorized or fraudulent use of the College name, seal, emblem, nickname, mascot, or motto;
  9. Unauthorized entry and/or occupancy of College facilities, including unauthorized possession, duplication, or use of keys to any College facility;
  10. Harassment. Violations of this policy include, but are not limited to:
    1. Any act, display, or communication that would cause a reasonable person to fear for his or her personal safety. This includes, but is not limited to, physical coercion and/or restraint.
    2. Any act, display, or communication that causes substantial injury and/or distress on the part of the person or persons to whom it is specifically directed that results in the individual being deprived of educational activities or opportunities. This includes, but is not limited to, unwanted sexual advances and/or request for sexual favors.
    3. Any attempt to repeatedly make contact, either in person or electronically, with a person over his/her stated objections, when such contact serves no legitimate purpose. This includes, but is not limited to, intentionally following another person in or about a public place or places.
  11. Conduct which is disorderly, lewd, or indecent; which constitutes a breach of peace; or which is aiding, abetting, or procuring another person to breach the peace on College premises or at functions sponsored by, or joined by, participated in by, the College.
  12. Trespass on College grounds – unauthorized entry into restricted areas, entry into College buildings when College is closed to the public.
  13. A second violation of any Level I Offense by the same student.

Level III Prohibited Behaviors – Major Misconduct

Level III Prohibited Behaviors may include the following sanctions, or other appropriate sanctions as determined:

  • Temporary loss of privileges
  • Written reprimand
  • Educational assignment
  • Monetary restitution
  • Work/services restitution
  • Referral to counseling
  • Probation and permanent loss of privileges
  • Withdrawal from current classes
  • Suspension (including specific conditions for readmission), and
  • Dismissal (no readmission permitted)
  1. Use, possession, or carrying of firearms (including, but not limited to, pistols, rifles, shotguns, or ammunition), incendiary devices, smoke devices, knives, explosives or other dangerous weapons while on College owned or controlled property, or at College sponsored or supervised activities, except by College and other police officers and other persons specifically authorized by the College;
  2. Any action that causes or attempts to cause a fire, explosion, or other damage; any threats (such as bomb threats, or intentionally false reporting of a fire; any tampering with safety devices; or the failure to leave College buildings during a fire alarm;
  3. The denial of services or access to activities to an individual because of his or her race, religion, age, national origin, gender, marital status, sexual orientation or disability;
  4. Battery or physical abuse of any person resulting in bodily injury;
  5. Violation of a federal or state felony offense law or any off-campus illegal activity that could pose an imminent threat to the safety of any member of the College community;
  6. Sexual harassment of any person. (See Sexual Harassment Policy in College Catalog)
  7. Any Level I or Level II Offense that results in death or bodily injury to any person;
  8. A second violation of any Level II Offense by the same student;
  9. A third violation of any Level I Offense by the same student.

Judicial Procedures

Initiation and Investigation of Code Violations

Initiation – Person(s) witnessing or experiencing what they believe to be a possible non-academic code violation should provide the information to the Dean of Enrollment and Student Development. In cases where the alleged activity may involve a violation of criminal law in addition to a violation of code, information and/or complaints should be provided to the Cincinnati State Police. The College will review all information and/or complaints received and may conduct a preliminary investigation of the alleged violation.

Investigation – The Cincinnati State Police shall have primary responsibility for the investigation of acts that involve suspected violation of federal, state, local laws or applicable College policies. The Dean of Enrollment and Student Development or his/her designee is authorized to investigate alleged violations other than those involving academic misconduct. The Dean of the academic division is authorized to investigate allegations involving academic misconduct. During the investigation, the student allegedly involved in misconduct will be sent a letter describing the alleged violation, requesting the student to make an appointment to discuss the matter, and specifying a date by which the appointment must be made. Upon receipt of a Student Code of Conduct report, a registration hold will also be placed in the student’s record in the student information database. Any person believed to have information relevant to an investigation may also be contacted and requested to make an appointment to discuss the matter. Upon completion of an investigation, the Dean will decide upon an appropriate course of action, which may include, but is not limited to, taking no further action, deferring further action with or without conditions, or initiating charges with the appropriate College judicial body.

Emergency Removal for Threatening or Disruptive Behavior. There will be occasions when, in the opinion of the instructor/staff member or other students, inappropriate classroom behavior by a student involves an imminent threat to safety or threatens to disrupt the classroom education process. If this action is prompted by a physical altercation or an arrest because of an on campus incident, the student is to be immediately referred to the Dean of Enrollment and Student Development and is not to return to class without permission from the Dean.

In these circumstances the instructor should immediately contact Cincinnati State Police and have the student removed from the class. The Cincinnati State Police will develop an incident report and will forward the report to the Dean of Enrollment and Student Development for Student Conduct Code review. The instructor/staff member is also required to complete a Student Incident Report/Referral form outlining their perspective of the incident.

Threatening and/or disruptive behavior can be described in many ways. The definition will be left to the discretion of the classroom instructor and/or students at the time of the incident. In cases of uncertainty it is recommended to err on the side of safety.

Interim suspension. When the Dean of Enrollment and Student Development or his/her designee has reasonable cause to believe that the student’s presence on College premises or at a College-related or registered student organization activity poses a significant risk of substantial harm to the health or safety of others or to property, the student may be immediately suspended from all or any portion of College premises, College-related activities or registered student organization activities. This interim suspension will be confirmed by a written statement and shall remain in effect until the conclusion of a full hearing or administrative decision, without undue delay, in accordance with the rules of the College. The student may, within three (3) working days of the imposition of the suspension, petition the Dean of Enrollment and Student Development for reinstatement. The petition must be in writing, and must include supporting documentation or evidence that the student does not pose, or no longer poses, a significant risk of substantial harm to the health or safety of others or to property. A hearing on such petition will be conducted without undue delay by the Dean of Enrollment and Student Development or his/her designee.

Filing of Complaint and Initiation of Charges

Every formal complaint of a non-academic violation of the Student Code of Conduct shall be handled in accordance with the procedures described herein:

  1. Any student, faculty member, staff member or College administrator may file a formal complaint against a student alleging a violation of the Student Code of Conduct. To be treated as a formal complaint, the complaint must be in writing and signed by the complainant. Any verbal complaint not placed in written form may be handled and disposed of by the Dean of Enrollment and Student Development or designee in any informal manner that they deem to be appropriate. A written complaint alleging a violation of the student code of conduct should be filed with the College as soon as possible following the discovery of the alleged violation. The written complaint must be filed within thirty (30) calendar days from the date upon which a College official becomes aware of the alleged violation and identifies the student(s) who allegedly committed the violation. Absent extraordinary circumstances, the College must initiate charges, if any, within one year of the filing of the complaint.
  2. All formal non-academic complaints will be referred to the Dean of Enrollment and Student Development for investigation, mediation, and/or possible resolution. After interviewing the accused student and all appropriate witnesses in the matter, and reviewing documentary and other evidence related to the matter, the Dean may take the following actions:
    • Determine that no or insufficient grounds exist to believe that a violation occurred and dismiss the complaint.
    • Determine there are grounds to believe that a violation occurred, then discuss a resolution with the accused student, which may include the imposition of any or all Level I, II, or III sanctions.
    • Determine that sufficient grounds exist to believe that a violation occurred and forward the issue to the Student Conduct Hearing Panel to conduct a formal hearing of the complaint. Prepare a report, including a summary of the complaint and the issues involved, and list of potential witnesses and other persons believed to have information about the complaint.
  3. If the Dean of Enrollment and Student Development was involved either in the alleged violation incident, or previously counseled the accused student or the complainant about the matter, the Dean may appoint a designee to hear the case.
  4. If the matter is not resolved by the Dean in accordance with item 2, then the Student Conduct Hearing Panel will be convened within thirty (30) calendar days, following notification to the accused student.

Notice of charges. Students shall be notified of College charges in writing, unless a more effective form of notification is deemed appropriate. Charges may be presented in person, by email to the accused student’s official College email address or by mail to the accused student’s local or permanent address on file with the Registrar’s Office. All students are required to maintain an accurate and current local and permanent address with the College registrar. Following notification of charges, students are strongly encouraged to and shall be afforded the opportunity to meet with a College official, Dean or designee for the purpose of explaining the College judicial process and discussion of the charges. Failure of the accused student to respond to the initiation of charges or schedule a preliminary meeting shall in no way prevent the College from scheduling and conducting a hearing in the absence of the accused student.

Standard of Evidence. For Level I, II, and III Offenses, the standard of evidence used to determine responsibility is a “preponderance” (“more likely than not”) of evidence. This determination is based on the greater weight of evidence and does not require a standard beyond a reasonable doubt.

Due Process. In all situations students and student organizations will be assured of fair and equitable treatment through consistent adherence to the due process procedure as described herein:

  • Be notified of any complaint filed against the student.
  • Be heard in an unbiased non-threatening environment.
  • Know the identity of the complaining party (unless it will cause a clear and present danger to the complainant).
  • Be notified of any sanctions or actions in writing.
  • Be notified of the appeals process.

Administrative Withdrawal. The removal of a student from course enrollment based on behavior, emergency or otherwise, is not an action that can be taken without due process as described in the Student Code of Conduct.

Administrative Decision. In all cases, a student charged with one or more violations of the student code has the right to a hearing. Depending on the nature of the offense, the hearing will be with the Dean or the Hearing Panel. However, in a case where a charged student admits such violations verbally or in writing, the student may request in writing to have a decision as to appropriate action made administratively by the Dean or designee. Following an administrative decision, the student retains the right to request an appeal of the original decision, but may do so only upon the grounds that the sanction is grossly disproportionate to the offense committed.

Hearing Panel. If the Dean chooses to refer the case to a Hearing Panel, the Panel will consist of:

  • The Dean of Enrollment and Student Development or designee
  • One (1) student and one (1) alternate appointed by the Student Government and confirmed by the Dean of Enrollment and Student Development or designee for one (1) year term.
  • Four (4) members that include two (2) from faculty and two (2) from staff are appointed by the Dean.

The Dean of Enrollment and Student Development or designee will serve as the panel chairperson. The chairperson will not vote on a decision unless there is a tie. Note: No hearing shall take place without a minimum of one (1) student, two (2) faculty/staff members and the non-voting chairperson.

Notice of hearing. If a hearing is to be held, the Dean will schedule a date and time for the Hearing Panel to convene to hear the complaint, taking into consideration the class schedule of the accused student and the availability of potential witnesses and Hearing Panel members. If at all possible, the Hearing should take place within thirty (30) calendar days following the referral of the matter to the Dean. Written notification of the Hearing may be hand delivered; sent by email to the accused student’s official College email address; or mailed to the last known address of the student, either by certified mail or first class mail, no fewer than ten (10) calendar days prior to the hearing. Unless already provided to the student, the notification will include the charge(s), date, time, and location of the hearing, the designated Dean or designee or panel, a tentative list of potential witnesses, a statement of the student’s rights, and information on the hearing procedures. The accused student may request a postponement for reasonable cause, or a hearing separate from other accused persons. A request for a postponement for reasonable cause must be made in writing, include supporting rationale and be received by the person sending the hearing notification at least two (2) business days before the scheduled hearing.

Hearing procedures. Although the procedural requirements are not as formal as those existing in criminal or civil courts of law, to ensure fairness, the following procedures will apply and, unless already provided to the student, be included within the hearing notice:

  1. Attendance at hearings is limited to those directly involved or those requested by the Dean or designee or panel to attend. The Dean or designee or panel will take reasonable measures to assure an orderly hearing, including removal of persons who impede or disrupt proceedings.
  2. The accused student may have an advisor throughout the hearing. The advisor may only counsel the student and may not actively participate in the hearing, unless clarification is needed as determined by the Dean or designee or panel.
  3. The accused may submit a written statement, may invite relevant factual witnesses to attend, may invite character witnesses to submit written statements, may, as approved in advance by the Dean or designee, invite character witnesses to testify in person, may ask questions of witnesses called by others, and will be notified of potential witnesses to be called. The accused must also submit a list of potential witnesses and identify those who are character witnesses only to the Dean or designee at least two (2) business days prior to the hearing. The College may present witnesses as well as question those presented by the accused.
  4. Written statements may be used if, for good reason, a fact witness (i.e., not a character witness) cannot attend the hearing.
  5. In cases requiring special expertise, the panel coordinator may appoint individuals with appropriate expertise to serve as consultants to the panel. The consultants may be present and provide information as called upon during the hearing but will not vote.
  6. Students are entitled to a presumption of innocence. Therefore, a student will not be found in violation unless a preponderance of the evidence supports the charge(s).
  7. At the conclusion of hearing and review of all the information, including testimony, the accused student will be given the opportunity to make a closing statement. After the closing statement, the Hearing Panel will decide, by majority vote, outside the presence of the accused student and any other non-Hearing Panel members, whether the student violated the College Student Code of Conduct. At that time the Dean will provide information to the panel about any prior misconduct by the student. Based upon the panel deliberations and any additional information presented, the panel will decide on what appropriate sanctions will be imposed.
  8. Sanctions should be commensurate with any the violation(s) found to have occurred. In determining the sanction(s) to be imposed, the Dean or designee or panel should take into account any mitigating circumstances and any aggravating factors including, but not limited to, any provocation by the subject of the conduct that constituted the violation, any past misconduct by the student, any failure of the student to comply fully with previous sanctions, the actual and potential harm caused by the violation, the degree of intent and motivation of the student in committing the violation, and the severity and pervasiveness of the conduct that constituted the violation. Misconduct, other than constitutionally protected expression, motivated by bias based on age, color, disability, gender identity or expression, national origin, race, religion, sex, sexual orientation, or veteran status may be considered an aggravating factor for sanctioning. Impairment resulting from voluntary use of alcohol or drugs (i.e., other than medically necessary) will also be considered an aggravating, and not a mitigating, factor. The Hearing Panel may recommend any sanction commensurate with the level of the violation as described above.:
    • Level I
      • Written warning
      • Temporary loss of privileges
      • Monetary restitution
      • Referral to counseling
      • Attendance at selected workshops
      • An educational assignment, and/or
      • Work/service restitution
    • Level II
      • Written warning
      • Temporary loss of privileges
      • Written reprimand
      • Monetary restitution
      • Work/service restitution
      • Referral to a counselor
      • Educational assignment
      • Withdrawal from current classes
      • Probation
      • Suspension (including specific conditions for readmission) and/or, Permanent loss of privileges
    • Level III
      • Temporary loss of privileges
      • Written reprimand
      • Educational assignment
      • Monetary restitution
      • Work/services restitution
      • Referral to counseling
      • Probation and permanent loss of privileges
      • Withdrawal from current classes
      • Suspension (including specific conditions for readmission), and Dismissal (no readmission permitted)
  9. A recommendation for suspension or dismissal of the student must be referred to the Dean for approval and final disposition. The decision of the Hearing Panel shall be placed in writing, and the Dean will provide documentation that due process has been followed. The Dean will notify the student formally by registered mail of the decision. In the same notification, the student shall be informed of the procedure by which to appeal the decision.

Record of proceedings. A single record consisting of written notes, tape recording, or other method selected by the hearing panel or officer, will be made of all hearings. Such record will remain the property of the College but will be made available to the accused for review during the appeal period. A written notice of the decision and, if found in violation, information regarding appeal procedures will be provided to the accused student.

Failure to Appear. If a student fails to appear for a scheduled conduct hearing with the Dean or an appearance before the Student Conduct Hearing Panel, the case may be adjudicated and a sanction imposed. The Dean of Enrollment and Student Development or Student Conduct Hearing Panel will consider the facts presented when making their decision. The student’s absence will not be a factor in the determination. The Dean of Enrollment and Student Development will then notify the student of the decision in writing. If the student is found in violation of the Student Code of Conduct and a sanction is applied, the sanction must be completed by the student in the allotted time or a HOLD will be placed on the student’s record in the student database.

Failure to Complete a Mandatory Sanction. Failure to complete a required sanction is a serious offense at Cincinnati State. It is considered an additional violation of the Student Code of Conduct, and will usually result in more serious sanctions being imposed. Within two weeks of a student’s failure to complete a sanction, a HOLD will be placed on the student’s record in the student database, and any pre-registration activity may be deleted. Thus, it is very important for students to complete sanctions on time and avoid a HOLD being placed on their academic records or registration. Students refusing to complete sanctions also place themselves at risk of being disciplinarily suspended or dismissed from the College.

Appeal Process

Right to Appeal. A student found to have violated this code has the right to appeal the original decision. An appeal of a decision must be submitted in writing and postmarked or hand delivered to the Dean of Enrollment and Student Development, or sent via email, as provided below, within ten (10) calendar days after the date on which written notice of the decision is sent to the student. Each student shall be limited to one appeal. The decision of the appeal panel is final.

Grounds for appeal. An appeal may be based only upon one or more the following grounds:

  • Procedural error;
  • Misapplication or misinterpretation of the rule alleged to have been violated;
  • Findings of facts not supported by a preponderance of evidence;
  • Discovery of substantial new facts that were unavailable at the time of the hearing;
  • That the disciplinary sanction imposed is grossly disproportionate to the violation committed.

Appellate panel. The appellate panel will consist of:

  • Four (4) members of faculty and staff appointed by the Dean
  • Three (3) members of the College community appointed by the appealing student

One member of the Appellate Panel will be designated by the Dean of Enrollment and Student Development to serve as the panel chairperson. The chairperson will not vote on a decision unless there is a tie. An alternate co-chair will be selected from the panel members.

Appeal proceedings

  • The appellate panel shall dismiss the appeal if the appeal is not based upon one or more of the grounds set forth in Section (B) above.
  • The appellate panel may decide the appeal based upon a review of the record.
  • The appellate panel may request additional written information or an oral presentation from any relevant person(s) and then decide the appeal based upon the enhanced record.
  • The appellate panel may, after a review of the record, uphold the original sanction, dismiss the original sanction, or impose a lesser sanction. A student and Dean or designee may agree in advance to minor deviations from procedure. Such deviations are not then subject to appeal. Other minor deviations are acceptable as long as such deviations are not found upon appeal to be unreasonably harmful to the student.

Confidentiality. Disciplinary matters are kept confidential to the extent required by law.

Retention of Records

All non-academic student disciplinary records are maintained in the office of the Dean of Enrollment and Student Development for a period of five (5) years. Expulsion records are kept forever, all other files are purged after five years.

Questions about the Code of Conduct should be directed to the Office of the Dean of Enrollment and Student Development, Main Building Room 163, Cincinnati State, 3520 Central Parkway, Cincinnati, OH 45223-2690, (513) 569-1640.