Anti-Hazing - Policy 3358: 14-5-23
Overview
Northwest State Community College (“NSCC” or “College”) prohibits hazing as defined in this policy. The College will investigate and respond to all reports of hazing as outlined in this policy.
Hazing Incidents Reports
Philosophy
NSCC is committed to a safe and respectful campus environment that aligns with our institutional values. It is the College's belief that learning and working occurs in environments where learners, employees, and visitors feel safe, secure, and welcome.
The College acknowledges that as part of the higher education experience that learners and some employees participate in various extra- and co-curricular groups and organizations with different purposes and processes for affiliation. The College supports traditions within organizations that match the College’s core values. Hazing is antithetical to our institutional mission and has no place at NSCC
The College recognizes that a student organization or group may belong to a national oversight organization that also holds students accountable to expectations and standards (e.g., the national organization for a local fraternity chapter). NSCC is committed to partnering with these outside affiliates to address hazing allegations and will communicate with them as appropriate.
Definitions
Hazing
As defined in Ohio Revised Code 2903.31, hazing is defined as:
"doing any act or coercing another, including the victim, to do any act or 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 3719.0113719.011 of the Revised Code."
Hazing is a form of power-based violence. Hazing can occur with power differentials in all types of relationships regardless of membership status, including an initiate, an individual seeking reinstatement, a current member, or a current student with inactive status. In part, hazing is an attempt to exert control or influence from one person to another. What constitutes hazing is a dynamic and changing set of circumstances that requires a situational response.
Therefore, NSCC further defines hazing to include:
- Any action or situation which recklessly or intentionally endangers the mental, emotional, or physical health or safety of a student for the purpose of initiation or admission into, or affiliation with, any student organization or group regardless of the person's consent to participate.
- Brutality of a physical nature including but not limited to paddling, whipping, beating, branding, forced calisthenics, or exposure to the elements.
- Coerced consumption, including but not limited to any food, alcoholic beverage, liquid, drug, or any other substance that subjects the student to an unreasonable risk of harm.
- Acts intended to cause mental stress, including but not limited to sleep deprivation, transportation or abandonment, confinement to a small space, forced exclusion from social contact, forced conduct which could result in embarrassment, any forced activity that is designed to shame or humiliate, or any action of harassment (as defined in the "Student Code of Conduct").
- Coerced activities, including but not limited to violation of local, state, or federal laws, violation of College policies, rules, or regulations, and personal servitude.
- Acts of sexual harassment and other sexual misconduct as defined by NSCC POLICY 14-3-35.
Members of the College community
Faculty, staff, learners, volunteers (e.g., advisors and volunteer coaches), organizations, groups, alumni, and consultants are members of the College community for purposes of this policy
Organization
An organization consists of a number of persons who are associated with each other and have registered with the College as a student organization (such as clubs, club sports, or fraternities and sororities).
Groups
A group consists of a number of persons who are associated with the College and each other, but who have not registered, or are not required to register, as a student organization (including but not limited to athletic teams, musical or theatrical ensembles, academic or administrative units, and clubs not registered as student organizations).
Scope
The College holds students accountable for their behavior both on and off-campus and addresses behavior that is a violation of the "Student Code of Conduct." This policy applies to hazing that takes place between two or more people who are affiliated with the institution regardless of if it occurs at sanctioned or non-sanctioned events. This policy applies to student organizations, groups, and individuals and is effective from matriculation to commencement, including breaks in the academic year.
Outcomes and consequences
Hazing is a serious offense of the College "Student Code of Conduct" and, therefore, is subject to the full range of sanctions (reprimand, disciplinary probation, suspension, and expulsion). In addition, other educational activities may be required as conditions of the sanction. An individual, organization, or group may be subject to other outcomes in accordance with the applicable outside constituents, academic processes, group in which the student is involved, or their governing bodies. The College has the right to act regardless of the actions of a governing body.
Hazing as defined, as well as some of the specific acts involved, may also violate local, state, or federal laws or regulations; for example, the use of force (including the threat of force) may subject the perpetrator to criminal charges of simple, felonious, or aggravated assault. Punishment upon conviction or plea will be as the court decides, and is independent of any decisions made by the College under this policy.
The victim/s of any hazing may file a civil action against one or more individual perpetrators, or against the local or governing organization. Such suits may result in sanctions as the court directs, independent of any decisions made by the College under this policy.
Individuals who participate in hazing or recklessly permit the hazing of another may also face criminal penalties in accordance with Ohio Revised Code sections 2903.31 and 2903.311. These penalties are in addition to sanctions imposed by the College under this policy.
Reporting
Duty to report
Immediately upon learning of potential hazing, all employees, volunteers, advisors, consultants, and alumni have a duty to report any alleged violation of hazing. This obligation extends to reporting what someone tells you and/or what you observe. Each mandated reporter must report to the College and to law enforcement. Student employees have a duty to report violations of this policy of which they become aware in the course of their duties when these duties include responsibility for the safety and wellbeing of other members of campus community or if they have supervisory, evaluative, grading, or advisory responsibility over other members of the campus community.
Separate from and in addition to any administrative duty to report hazing, Ohio Revised Code section 2903.0311 states that "[n]o administrator, employee, faculty member, teacher, consultant, alumnus, or volunteer of any organization, . . . who is acting in an official and professional capacity shall recklessly fail to immediately report the knowledge of hazing to a law enforcement agency in the county in which the victim of hazing resides on in which the hazing is occurring or has occurred."
Further, section 2921.22 of the Ohio Revised Code requires any person who knows that a felony has been or is being committed to report it to law enforcement. It is a criminal offense to knowingly fail to make the report. If you suspect or have knowledge of criminal activity occurring on College property, call the NSCC Police Department ("NSCC PD"). NSCC Police Department may be reached by dialing “3” from any campus telephone or by dialing 419-267- 1452. The NSCC Police Department is located in A191 in the Atrium. Persons who wish to report crimes or other incidents at other College sites or from their homes should contact the police department of jurisdiction by calling 9-1-1. Incidents that occur off-campus or at a regional campus should be reported to local law enforcement by calling 9-1-1 or the nonemergency telephone number specific to that jurisdiction.
Filing a report of violation of this policy
The Vice President of Enrollment Management & Student Affairs (“VPEMSA”) serves as the recipient for any complaint or report of hazing. If the report involves criminal conduct, the VPEMSA shall notify law enforcement. If the report involves allegations of sexual misconduct, the provisions of NSCC POLICY 14-3-35 may also apply. In certain instances, the VPEMSA will notify other appropriate agencies, such as children's services.
Walk-in or mail:
Vice President of Enrollment Management & Student Affairs
Northwest State Community College
22600 State Route 34
Archbold, Ohio 43502
Telephone:
419-267-1349
Submit an incident report:
Anonymous complaints
The College is committed to reviewing all reports of hazing. Anonymous reports are accepted; however, the College 's ability to obtain additional information may be compromised and the ability to investigate anonymous reports may be limited.
Rights of the reporting party
In order to encourage reporting of alleged hazing, the reporting party may not face conduct referrals for action under the "Student Code of Conduct" with respect to his or her own unlawful or prohibited use of alcohol or drugs during the incident when the alleged hazing occurred. Further, if the reporting party is found to have violated the "Student Code of Conduct" with respect to hazing, then the act of reporting will be taken as a mitigating factor during the selection of sanction.
Investigation process
The VPEMSA will review all reported allegations of hazing, and where appropriate, investigate. The VPEMSA shall coordinate the investigation of all hazing allegations. When appropriate, other College offices may handle certain aspects of the College response, such as Title IX, College human resources, or an academic college/department, etc. Additionally, the VPEMSA will assess the need for interim measures will also be assessed (e.g., partial or full cease and desist of organizational activities). Every effort will be made to complete the investigation in a timely manner. The hazing allegation will be investigated and resolved in keeping with the "Student Code of Conduct" process for student respondents. When a formal conduct charge is made against an organization, the national or oversight organization, if any, shall be notified. Criminal investigations resulting from a report to law enforcement will be handled by the appropriate law enforcement agency.
Community Education
In addition to posting this policy as part of the policy manual, the College will provide a link to this policy to each recognized organization within the College. The College is further committed to educating all NSCC learners, faculty, staff, and volunteers, about what hazing is, how to recognize it and steps to address it. All learners, employees, and volunteer advisors and coaches are required to complete hazing education as part of being a member of our community. Further, all recognized organizations must conduct mandatory training on hazing for any volunteer who has contact with students.
Further Guidance
Any learner who does not complete the educational program may not participate in any organization or group on campus including groups/organizations, athletics teams, intermural sports, and/or musical ensembles until the training is complete. Continued failure to complete the training may result in a referral to the community standards process.
For all others, failure to comply will be addressed through the appropriate College disciplinary process based on an individual's classification. Disciplinary action may vary, up to and including termination of employment or the individual's volunteer position