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Junior Scholars Code of Conduct
STATEMENT OF JURISDICTION
This Code applies to all participants in the Junior Scholars
Program at Miami University. The
Code of Conduct primarily prohibits misconduct on University premises
(buildings or grounds owned, leased, operated, controlled, or supervised by
the University), but may address off-campus conduct when the behavior or the
presence of the individual, in the University's sole judgment, impairs,
obstructs, or interferes with the mission, processes, or functions of the
Junior Scholars Program or Miami University.
Junior Scholars should be aware that Miami University reserves the
right to review and take disciplinary action based on conduct occurring off
campus.
If a Junior Scholar breaks a law that also violates
the University standards of conduct, that Junior Scholar may be held
accountable by both civil authorities and the University.
The University may, at its sole discretion, elect to pursue
disciplinary action against the Junior Scholar at the same time as criminal
proceedings, even if criminal charges involving the same incident are not
complete, have been dismissed, or were reduced.
STANDARDS OF CONDUCT
In order to promote a safe and civil campus
environment, Miami University expects each Junior Scholar to follow the
standards of conduct. The
severity of the offense, prior disciplinary history, whether an offense was
committed against a person intentionally selected by reason of their race,
religion, national origin, gender, sexual orientation, disability, or age, and
other relevant circumstances, will be considered in determining the
appropriate disciplinary action.
"1219" PROCEDURES
On Jan. 1, 1974, the Ohio Campus Disruption Act, which
was originally introduced as House Bill 1219, became part of the Ohio Revised
Code. House Bill 1219 contained
sections that pertain to "control of campus violence." The
initiation of a 1219 proceeding does not prohibit the University from taking
University disciplinary action against that same individual under the Code of
Conduct for the same conduct which gave rise to the 1219 proceeding.
A Junior Scholar arrested for any of the 33 enumerated offenses in
House Bill 1219 will automatically be subject to "1219" procedures
which are summarized below.
Junior Scholars arrested for any of the offenses
enumerated in Ohio Revised Code 3345.23(D) are subject to immediate suspension
from the University, after a hearing which will be held no more than five days
after arrest (continuances may be granted, which may not exceed a total of 10
days).Junior Scholars convicted
of any of the
offenses enumerated in Ohio Revised Code 3345.23(D) are
subject to automatic dismissal from Miami University.
Junior Scholars so convicted may be readmitted or admitted to any other
Ohio tax-supported college or university, at the discretion of the college or
university's board of trustees, but only after the lapse of one calendar year
following dismissal and only upon terms of strict disciplinary probation.
(See Ohio Revised Code 3345.22 and .23 for full text of the statutes (http://onlinedocs.andersonpublishing.com/revisedcode),
and Appendix I of The Miami Bulletin: The Student Handbook for additional
information.See Appendix I for
list of enumerated offenses of violence (http://www.muohio.edu/univpubs/handbook).
CONDUCT REGULATIONS
Summary Suspension
The Program Director may summarily suspend a Junior
Scholar, prohibit the Junior Scholar from any or all appropriate portions of
University premises, University-related activities, and/or permit the Junior
Scholar to remain only under specified conditions for the interim period prior
to a disciplinary hearing. A
Junior Scholar may also be summarily suspended pending adjudication of
criminal charges.A summary
suspension may be imposed whenever the Program Director determines that the
continued presence of the Junior Scholar on the University campus poses a
significant risk of substantial harm to the health or safety of the Junior
Scholar, to others, to the stability or continuance of the Program or normal
University functions, or to property.
Before making such a determination, the Program
Director shall notify the Junior Scholar, and if the Junior Scholar is a
minor, the students parent or guardian of the reasons that the summary
suspension is being considered and provide the Junior Scholar with an
appropriate opportunity to respond to the Program Director.
The purpose of the response is to address:
1.
The reliability of the information concerning the Junior Scholar's
conduct; and
2.
Whether or not the conduct and surrounding circumstances reasonably
indicate a significant risk as described above.
PART I.
OFFENSES
SECTION 101.
Interfering with, Obstructing, or Disrupting a University Function
University functions, on
or off campus, are defined to include teaching, research, administration,
disciplinary proceedings, University activities, public safety, and public
service functions. This section
also includes authorized non-university functions when the act occurs on
University premises. Actions that
interfere with, obstruct, or disrupt University functions are prohibited.
SECTION 102.
Dishonesty
Intentionally furnishing
false information or omitting relevant or necessary information to gain a
benefit, to injure, or to defraud is prohibited.
Using or possessing false or altered identification (including drivers'
licenses and Miami University identification cards) is prohibited.
Junior Scholars may not use another person's University identification
card for any purpose.Examples of
prohibited behavior include forgery, alteration, or falsification of any
University documents or records, or misrepresentation of University
credentials.These documents or
records include grade transcripts, student identification, computer records,
and other official documents.Using
a forged or altered document is also prohibited, even if someone else made the
changes.Student identification
cards are University property and must be shown or surrendered when requested
by a University official in performance of his or her duty.
SECTION 103.
Physical or Mental Abuse or Harm
Intentional or reckless
acts that do cause or reasonably could cause physical or mental harm to any
person are prohibited.Actions
that threaten or reasonably could cause a person to believe that the offender
may cause physical or mental harm are also prohibited.
Some examples of prohibited behavior include murder, assault, battery,
stalking, telephone harassment, computer harassment, sexual assault, sexual
harassment, rape, threats, intimidation, physical abuse, verbal abuse, and any
other conduct that threatens the health or safety of any person.
SECTION 104.
Damage, Loss, Theft, or Unauthorized Use of Property of the University
or of any Person or Entity
Intentional or reckless
conduct that results in damage (including tampering or defacing), loss, theft,
or unauthorized use of property of the University, or of any other person or
entity is prohibited.The
unauthorized use of University property for personal gain is also prohibited.
Junior Scholars may not use University property for any activity
prohibited by federal, state, or local law or this Code.
Examples of prohibited behavior include gambling on University
property, theft, and possession of property known to be stolen.
SECTION 105.
Possession or Use of Tobacco or Alcohol
Junior Scholars are not
permitted, under any circumstances, to possess or use alcohol.
Junior Scholars are not permitted to smoke in the triangular region
bounded by Hahne Hall, Flower Hall, and Martin Dining Hall.
SECTION 106.
Other Drug Use
The use, offer for sale,
sale, distribution, possession, or manufacture of any controlled substance or
drug, except as expressly permitted by law, is prohibited.
The use, offer for sale, sale, distribution, possession, or manufacture
of chemicals, products, or materials for the purpose of use as an intoxicant
except as expressly permitted by law is also prohibited.
Examples of prohibited behavior include huffing or sniffing glue or
paint and the use of nitrous oxide (whip-its).
Possession of drug paraphernalia is also prohibited.
Drug paraphernalia, as it applies in this section, means any equipment, product, or material of any kind that is used in
propagating, cultivating, growing, harvesting, manufacturing, compounding,
converting, producing, processing, preparing, testing, analyzing, packaging,
storing, containing, concealing, injecting, ingesting, inhaling, or otherwise
introducing a controlled substance into the human body.
SECTION 107.
Possession or Use of a Dangerous Weapon
A dangerous weapon is
defined as any instrument, device, or object capable of inflicting physical
harm or death, and designed or specifically adapted for use as a weapon, or
possessed, carried, or used as a weapon.
Possession or use of a dangerous weapon is prohibited.
Examples of dangerous weapons include firearms, explosive devices,
dangerous chemicals, knives, firecrackers, compressed air guns, pellet guns,
stun or zip guns, BB guns, and paint ball guns.
SECTION 108.
Discrimination
Discrimination in
University programs on the basis of race, ancestry, age, sex, creed, religion,
national origin, ability, veterans' status, or sexual orientation is
particularly repugnant to the mission of Miami University.
Miami University prohibits the unequal treatment in University programs
of a person on the basis of race, ancestry, age, sex, creed, religion,
national origin, ability, veterans status, or sexual orientation.
SECTION 109.
Violation of Law
Conduct which violates
any federal, state, or local law is prohibited.
The University will review any conduct reported by members of the
University community, law enforcement personnel, or citizens as being in
violation of the law.If in
review the University determines, in its sole judgment, that the alleged
conduct interferes with the University's exercise of its mission, processes,
or functions, appropriate disciplinary action will be taken.
SECTION 110.
Failure to Comply/False Reports
Failure to comply with
the directions of law enforcement or University officials, failure to comply
with an order of dispersal, incitement to panic or riot, riot, false alarms or
reports of emergency are prohibited.Initiation
of any false report, warning, threat of fire, or threat of explosion or other
emergencies on University premises or at any University-sponsored activity is
also prohibited.Examples of
prohibited behavior include tampering with, impairing, disabling, or misusing
fire protection systems such as fire detectors, sprinklers, alarms, and
extinguishers.
SECTION 111.
Theft or Other Abuse of Computer Resources
Computing resources
include hardware, software, and data owned, licensed, or developed by Miami
University, students, or employees. Theft
or other abuse of computer resources is prohibited.
Examples of prohibited behavior include:
a.
Unauthorized entry into a file to use, read, or change the contents, or
for any other purpose; or unauthorized transfer of a file.
b.
Unauthorized access to, use of, or control of computing resources
including circumvention of computing system safeguard.
c.
Unauthorized use of another individual's identification or password.
d.
Use of computing resources to interfere with the work of another Junior
Scholar, student, faculty member, or University official.
e.
Unauthorized copying of computer software that is owned or licensed to
the University.
f.
Use of computing resources to interfere with normal operation of the University computing system or educational process.
g.Violation
of software copyrights, license agreements, or trade secrets.
h.
Activities for personal financial gain except as provided for by other University policy.
SECTION 112.
Disorderly Conduct
Conduct which is
disorderly, lewd, or indecent or which breaches the peace (e.g., causes alarm,
annoyance, or nuisance) is prohibited.
SECTION 113.
Complicity
Conspiracy to commit,
solicitation of another to commit, aiding or abetting the commission of, or
attempting to commit any offense is prohibited.
SECTION 114.
Leaving Campus
Leaving
Campus is prohibited except as described below.
a.
Junior Scholars are permitted to leave campus to go into Oxford;
however, there is no public transportation available for such excursions.
b.
Under no circumstances are Junior Scholars permitted to be inside of a
bar, dance club, or sports bar. Examples
of such establishments are Attractions (after 10:00 p.m.), The Balcony, First
Run, Hole in the Wall, Mac & Joe's, Stadium, and Top Deck.
(This list should not be viewed as exhaustive.)
If it is unclear to you whether an establishment falls into one of the
above categories, then subscribe to this adage: When in doubt, stay out!
c.
Junior Scholars may leave Oxford only with written permission of a
parent or guardian. A note of
permission should be mailed to: Junior Scholars Program, Miami University,
Oxford, OH 45056-3414, faxed to (513) 529-1498, or e-mailed to JuniorScholars@MUOhio.Edu.
Verbal permissions will not be honored.
A note of permission must include the following information:
»The
Junior Scholar's name.
»
The day, date, and time of the Junior Scholar's departure from campus.
»
The day, date, and time of the Junior Scholar's return to campus.
»
The name of the person(s) picking up and returning the Junior Scholar.
»
The Junior Scholar's destination.
SECTION 115.
Motor Vehicles
Junior
Scholars are not permitted to bring a motor vehicle to campus.
Junior Scholars may not operate a motor vehicle on campus.
Junior Scholars may not ride in or on a motor vehicle in Oxford unless
accompanied by a parent, or are in transit into or out of Oxford with written
permission from a parent or guardian.
SECTION 116.
Violation of Sanctions
Violation of any terms of
disciplinary restrictions, probation, or suspension is prohibited.
PART II. RESIDENCE
HALL RULES
A.
Curfew
1.
If a Junior Scholar is to be away from the residence hall after 9:00
p.m., the Scholar must sign out with the Junior Scholars Bell Desk Person (JSBDP)
indicating
» time
of departure,
» expected
time of return, and
» destination.
The
Scholar is to sign in with the JSBDP upon returning to the residence hall.
There is no "lights out" time for Junior Scholars.
2.
A Junior Scholar leaving the residence hall on Sunday through Thursday
is expected to return no later than 11:00 p.m.
A Junior Scholar leaving the residence hall on Friday or Saturday is
expected to return no later than 1:00 a.m. the next morning.
B.
Residence Hall Security
1.
The only unlocked entrance to our residence
hall is the main entrance. All
other doors are locked but can be opened before curfew using your ID.
A Bell Desk Person (BDP) will be stationed at the entrance of the
residence hall 24 hours a day, 7 days a week.
2.
The JSBDP will be stationed on one of our floors from 2:00 p.m. to 1:00
a.m. Sunday through Thursday, and from 2:00 p.m. to 3:00 a.m. Friday and
Saturday. The JSBDP will have the
authority to challenge and remove any unauthorized person from the residence
hall.
3.
In addition to the JSBDP, a counselor will be on call 24 hours a day.
This counselor will have the medical records and a pager that can be
accessed by telephone and e-mail.
4.
Any person outside of the Junior Scholars or CAMAS Programs who wishes
to gain entry into the Junior Scholars corridors must first call the party he
or she wishes to see. If the
party is in and if visitors are allowed at that time of day, then the party
would escort that person through the Junior Scholars corridor.
5.
Flames of any kind are forbidden in the residence hall.
C.
Quiet Hours
Living
in a residence hall requires an element of mutual respect and courtesy.
One aspect of this respect and courtesy is to ensure a quiet atmosphere
for study and sleep during the evening and overnight.
Accordingly, quiet hours in the corridors will be enforced from 7:00
p.m. to 9:00 a.m. Sunday through Thursday; and midnight to 9:00 a.m. Friday
and Saturday. Any noise which
impedes or disrupts study or sleep of your fellow residents will be a breech
of the quiet hours.
D.
Visitation and Guests in Junior Scholars' Rooms
1.
A guest in a room is defined to be anyone who does not reside in that
room.
2.
Guest or mixed gender visitation is permitted in the residence hall
during certain hours. For the
Junior Scholars Program, these hours are as follows: noon to midnight Sunday
through Thursday, and noon to 2:00 a.m. Friday and Saturday.
3.
The visitation program is intended for social or academic interaction,
and not for cohabitation or overnight guests.
4.
Visitation in any room requires the consent of each resident of the
room for each visitation period.
5.
Quiet hours shall not be abused during visitation periods.
In the event of widespread or repeated abuse of the privilege, a
resident, residents, or an entire corridor may lose visitation privileges for
an extended period of time.
6.
If a resident has a guest who is not a Junior Scholar, then this guest
must be escorted to and from the Scholar's room by the Scholar.
The Scholar is responsible for the guest's conduct.
7.
The Head Resident Advisor or person in charge has the authority to
require a guest or guests to leave the premises of the hall for violation of
University rules.
8.
The Living, Recreation, and Waiting Rooms on the ground and first
floors are available for gathering without a time constraint.
These areas are not subject to the quiet hours described above;
however, unreasonable noise levels in these areas will not be tolerated.
Sleeping is not allowed in these rooms.
E.
Vacating the Residence Hall
Junior
Scholars must vacate the residence hall by seven p.m. (7:00 p.m.) on the day
of their last final, unless their last final is on Friday, in which case the
Junior Scholars must vacate the residence hall by five p.m. (5:00 p.m.)
Exceptions to this rule may be granted to scholars with special travel
constraints.
PART III.
ADDITIONAL RULES
a.
Any University rule, policy, or procedure not covered in this Code will
be governed by the Miami Bulletin, The Student Handbook 2000-2001 Edition.
In particular, we call your attention to the Policies on Grades and
Scholarship, Examinations, and Academic Misconduct.
A copy of The Miami Bulletin, The Student Handbook 2000-2001 Edition is
available at www.muohio.edu/univpubs/handbook/.
b.
Questions about The Code of Conduct for Junior Scholars or any other
rules should be directed to the Director or any Junior Scholars Staff member.
DISCIPLINARY PROCEDURES
Commission of an offense or violation of the Residence
Hall Rules will result in disciplinary action.
Serious or multiple violations will result in expulsion from the Junior
Scholars Program. More than one
sanction may be imposed for a single violation.
SECTION 1.
Complaint and Notice
A.
Complaint. Any person,
agency, organization or entity may make a complaint to the Program Director
alleging misconduct by a Junior Scholar.
A Miami or Oxford Police citation constitutes a complaint.
B.
Notice. The Program
Director or designee, after reviewing a complaint or on the Directors own
initiative, may initiate the disciplinary process by giving the accused Junior
Scholar, and if the Junior Scholar is a minor, the students parent,
guardian, or custodian written notice of the
alleged violation(s). The written
notice shall describe the alleged misconduct and inform the Junior Scholar
about the reported circumstances underlying the alleged misconduct.
The notice shall state the date, time, and place of the hearing.
SECTION 2. Procedural
Meeting
The purpose of the procedural meeting is to review
the charges, provide an explanation of the disciplinary process, discuss the
Junior Scholar's options, and advise the Junior Scholar of the potential
sanction(s) for the alleged misconduct. The
accused Junior Scholar shall attend the procedural meeting, which will be held
by the Program Director or designee.
The Program Director or designee shall determine
whether the alleged misconduct may result in expulsion and so advise the
Junior Scholar during the procedural meeting.
If an accused Junior Scholar fails to appear at the Procedural Meeting,
a Hearing may be scheduled. Procedural
Meetings may be rescheduled at the discretion of the Program Director or
designee.
SECTION 3. Selection
of Hearing Option
A Junior Scholar must, no
later than two University working days from the time of the procedural
meeting, notify in writing the Program Director or designee who conducted the
Procedural Meeting whether the Junior Scholar;
1.
Admits to the charge(s) and agrees to accept the imposition of sanction
by the Program Director or designee; or
2. Requests
a Hearing.
If the accused Junior Scholar fails to timely notify the
Program Director or designee of the option selected, a Hearing will be
scheduled.
SECTION 4. Hearing
A University administrative
hearing officer will schedule and conduct the hearing, and will determine from
the weight and credibility of the statements and evidence presented whether
the student has violated the Code of Conduct for Junior Scholars.
1.
The hearing shall commence not sooner than three University working
days after the request for a hearing.
2.
In the event that criminal charges are pending against the Junior
Scholar, the Junior Scholar is entitled to bring an attorney, at his or her
own expense, to the hearing. The
attorney may act as an adviser to the Junior Scholar, subject to the
constraints imposed by the administrative hearing officer.
3.
If there are no criminal charges pending, the Junior Scholar is
entitled to be advised at the hearing by another person of his or her choice,
provided such person is not separately compensated for his or her role in the
proceedings and provided she or he is not an attorney.
4.
The hearing shall be closed to the public.
Both the complainant and the accused are entitled to bring two family
members (or guardians) to the hearing.
5.
The administrative hearing officer shall have the right to determine
the acceptability of testimony and other evidence during the hearing and may
place time limitations on testimony and on closing arguments.
6.
The hearing shall be recorded on equipment supplied by the University
7.
In rare instances, the
University may elect to present the case using a licensed attorney.
In that event, the Junior Scholar will be given notice and an
opportunity to be represented by an attorney at the Junior Scholar's own
expense.
8.
The only persons entitled to be present at the hearing are the
complainant, the accused Junior Scholar and his or her attorney or advisor, as
applicable, family members and witnesses.
If the administrative hearing officer determines
that a violation of the Code of Conduct for Junior Scholars has occurred, he
or she will impose the appropriate sanction(s).
If an accused student fails to appear at a scheduled administrative
hearing and the absence is not excused, the hearing may proceed without the
presence of the accused. Hearings
may be rescheduled at the discretion of the administrative hearing officer.
The decision of the administrative hearing officer is final.
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