Student Code of Conduct

Effective August 15, 2011

I. Introduction

Franklin University’s mission is to provide high quality, relevant education enabling the broadest possible community of learners to achieve their goals and enrich the world. To achieve this Franklin University provides educational experiences that enhance intellectual abilities and career development. The University seeks to develop creativity, flexibility and independence of thought so that students will be able to face challenges with confidence. For the mission to be accomplished, the faculty and administration of the University must be able to carry out their respective responsibilities efficiently and effectively in an atmosphere free from disruption or intimidation. In addition, students, as a condition of admission to the University, agree to comply with the Student Code of Conduct.

Students are encouraged to act on problems in a constructive manner. In general, matters dealing with classes, instructors, administrators, parking, food services and policies and procedures should be discussed directly with the persons involved or with the person in charge of that area.  The exception to this is any potential sexual misconduct or harassment. For any matter concerning these, please contact the Title IX Coordinator. Students seeking assistance in identifying the appropriate channel are encouraged to consult with their Academic Advisor.

Academic Matters
Concerns of an academic nature should be discussed with the particular instructor. If necessary, or if it is not resolved, the matter also should be discussed with the appropriate Lead Faculty or Program Chair. If the matter still needs further review, it should be directed to the Provostvia email to caoappeal@franklin.edu. However, if the matter is an academic appeal situation, either a final grade appeal or an appeal of a charge of academic dishonesty, the process stated in the Franklin University Academic Bulletin must be strictly followed or the right to appeal will be deemed waived.

Non-Academic Matters
Non-academic concerns dealing with the noncompliance under the regulations cited in the Student Code of Conduct section of the Franklin University Academic Bulletin or www.franklin.edu/go/conduct should be reported in writing to the Student Code of Conduct Coordinator at conduct@franklin.edu. See the process listed below. Anonymous reports may be submitted through www.Mysafecampus.com. All matters will be treated confidentially to the extent practical and consistent with Franklin University’s obligation under the law. 

Title IX Coordinator

Inquiries concerning the application of Title IX may be referred to the Title IX Coordinator who is the Director of Human Resources at 201 South Grant, Columbus, Ohio 43215 or by phone at 614 947-6540 or by email at HR@Franklin.edu or to the Office of Civil Rights, Cleveland Office. U.S. Department of Education, 600 Superior Avenue East, Suite 750, Cleveland, OH 44114-2611, Telephone: 216-522-4970,FAX: 216-522-2573; TDD: 877-521-2172, Email:OCR.Cleveland@ed.gov

Statute of Limitations

Allegations of misconduct should be filed as soon as possible, but no later than ninety days after the alleged misconduct is known to have occurred There is no time limitation on reporting incidents of sexual based offenses, however, The longer the period of time between the incident and the report of the incident will affect the quality of the information gathered.

II. Jurisdiction

The code applies to the conduct of all students and registered student organizations and governs all domestic locations of the University. 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-bearing experiences, such as internships or field trips;
2. Any activity sponsored, conducted, or authorized by the University or by registered student organizations;
3. Any activity that causes substantial destruction of property belonging to the University or members of the University community or causes serious harm to the health or safety of members of the University community; or
4. Any activity in which a police report has been filed, a summons or indictment has been issued, or an arrest has occurred for a crime of violence.

The University reserves the right to administer the code and proceed with the hearing process even if the student withdraws from the University, 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 University, and violations of those laws may also constitute violations of the code. In such instances, the University may proceed with University 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.

Therefore, when students apply for admission, they recognize their obligation to conform to regulations of the University. Further, it is understood and agreed to by students that failure to meet their obligations shall justify the imposition of disciplinary sanctions including, but not limited to, loss of privileges, probation, suspension, dismissal and/or restitution. Students accept the responsibility to become familiar with the Student Code of Conduct, which is provided to all new students and is available from the Office of Student Services as well as online at www.franklin.edu/go/conduct under Current Students/Student Code of Conduct.

Franklin University does, from time to time, issue rules and regulations that apply to University premises that are necessary for the effective operation of the University. The University reserves the right to make changes to the Student Code of Conduct. All changes will be posted online at www.franklin.edu/go/conduct under Current Students/Student Code of Conduct.

III. Procedures for Non-Academic Student Misconduct Complaints

Faculty, staff, and students may file a complaint by submitting information through www.Mysafecampus.com or at conduct@franklin.edu.  Anonymous reports may be submitted through www.Mysafecampus.com. Franklin University is committed to responding in a prompt and effective manner to all complaints.  The timeframe for completing the process is dependent upon multiple factors including, but not limited to, the complexity of the investigation, the number of people involved, the nature of the complaint, and the severity and the extent of the charges.  Franklin strives to meet a thirty to sixty day window for completion with the appropriate response or adjudication to follow. Once the complaint is brought forward, the process is as follows:

1. Inquiries will be made and information will be gathered. This may include, but is not limited to, interviews with affected parties, written documentation, e-mails, bulletin board postings or other information.
2. A written notification of the complaint, violation determination, and appropriate sanctions or disciplinary actions (up to and including dismissal) will be sent to the accused party by the Student Code of Conduct Hearing Officer.  In the case of sexual harassment or misconduct, the complainant will also receive notice of the sanctions or disciplinary actions imposed upon the accused party.

University sanctions, unlike procedures of courts of law, do not require conclusive proof; instead, rely on the greater weight of the evidence.

 IV. Process for Appeal

Students who have been found in violation of charges of misconduct may appeal the hearing officer’s decision to the Dean of Students (or designee) in writing no later than fifteen (15) calendar days from the date in which the results of the investigation were received by the student. Note that in cases of sexual misconduct, both parties are entitled to file an appeal. Failure to appeal in that time frame will result in waiver of the right to appeal. The student’s written appeal must be based on one or more of the following criteria:

1. Procedural error that could result in a substantial impact on the outcome
2. Misapplication or misinterpretation of the rule alleged to have been violated
3. Finding a fact not supported by the greater weight of evidence
4. Discovery of substantial new facts not previously available that would have the potential to materially alter the decision outcome

If there is a basis for appeal, the information will be reviewed which may or may not include interviewing the involved parties or other analysis/review.  The decision for reviewing the appeal and the process to review the appeal is at the sole discretion of the Dean of Students. 

V. Rules and Regulations

A student charged under the following regulations will be subject to disciplinary action:

1. Animals

Animals, except guide, hearing and service dogs, are prohibited from all buildings on campus
unless required for research or class projects.

2. Children on Campus

To ensure that the environment of Franklin University campus classes is conducive to learning and free from distractions, children are not permitted to attend classes or to be in the University Library, Student Learning Center or computer labs. In addition, children must never be left alone in another classroom, hallway or lounge; nor should they be left anywhere unattended on campus grounds or in the parking lot.

Students and faculty should be aware that there is an attendance policy in place for all classes and that they should plan for backup in case an emergency arises with regular childcare arrangements. If a child is left unattended, the Department of Safety & Security Services will take the necessary steps to eliminate the possibility of child endangerment.

3. Communications

Within the broad context of free academic discussion and debate, communications between members of the University community (faculty, staff, and fellow students) are expected to reflect high ethical standards and mutual respect and civility. The medium of communications makes no difference. Whether the communication is through face-to-face exchange, e-mail, electronic bulletin board, chat room, telephone, audio bridge, etc., students must demonstrate respect for faculty, staff, and fellow students in all communications. Some examples of inappropriate communications include:

1. obscene, racist/sexist, ethnic, harassing, intimidating, or threatening language and/or actions,
2. any communication that threatens the health or safety of any person,
3. use of e-mail or computer networks to send unsolicited junk mail, chain letters, etc., or to further any illegal activity,
4. disrespect of or insubordination to University personnel,
5. use of oral or written profanity,
6. repeatedly contacting faculty or staff when the person contacted has indicated that a response is pending or requests not to be contacted.

Note: This list is not intended to be an all-inclusive listing of inappropriate communications.

4. Compliance with University Authority

Students must report, as instructed, to any campus office regarding University matters. Failure to comply with directives of a University official acting in the performance of his duties is prohibited. This includes failure to respond to an official summons to the office of an administrative officer within the designated time or failure to present identification upon request of any University official.

5. Copyright Policy

Students and employees are to be responsible consumers of copyrighted materials.  No student or employee may reproduce any copyrighted work in print, video, audio or digital form in violation of the law.  Use of copyrighted material requires permission from the originator of the material unless it is in the public domain or subject to “fair use” standards.  Violations of copyright laws include illegally copying, distributing, downloading or uploading information from the internet or any electronic source.  Works are considered protected even if they are not registered with the U.S. Copyright Office and even if they do not carry the copyright symbol (©).  

Copyrighted works include, but are not limited to: printed articles from publications, TV and radio programs, movies, videotapes, music performances, photographs, video games, audio materials, video games, images, software programs, databases and World Wide Web pages. In general, the laws that apply to printed materials also apply to visual, audio and digital formats such as diskettes, CD-ROMs and Internet pages.  Therefore, it is against the law to copy software without the permission of the copyright holder or which is not distributed as “freeware”.

Students should be aware that the University makes use of a plagiarism detection service. In detecting instances of plagiarism this system can also identify examples of breach of copyright or misuse of copyright material. In order to avoid issues arising out of plagiarism and copyright breach, students should ensure that they follow the Franklin University Copyright Policy.

Summary of Civil and Criminal Penalties for Violation of Federal Copyright Laws

Copyright infringement is the act of exercising, without permission or legal authority, one or more of the exclusive rights granted to the copyright owner under section 106 of the Copyright Act (Title 17 of the United States Code). These rights include the right to reproduce or distribute a copyrighted work. In the file-sharing context, downloading or uploading substantial parts of a copyrighted work without authority constitutes an infringement.

Penalties for copyright infringement include civil and criminal penalties. In general, anyone found liable for civil copyright infringement may be ordered to pay either actual damages or "statutory" damages affixed at not less than $750 and not more than $30,000 per work infringed. For "willful" infringement, a court may award up to $150,000 per work infringed. A court can, in its discretion, also assess costs and attorneys' fees. For details, see Title 17, United States Code, Sections 504, 505.

Willful copyright infringement can also result in criminal penalties, including imprisonment of up to five years and fines of up to $250,000 per offense.

For more information, please see the Web site of the U.S. Copyright Office at www.copyright.gov, especially their FAQ's at www.copyright.gov/help/faq.

Copying or making use of materials other than in accordance with this policy, even if unintentional, may lead to disciplinary action and may subject students to civil and criminal liabilities.

6. Destruction/Removal of Property

Theft, destruction, defacement or misuse of University property is prohibited.

7. Discrimination

Discrimination is prohibited. Franklin University does not discriminate based on race, religion, color, gender, age, national origin, non-disqualifying disability, veteran status or any other legally protected class in admission of students, educational programs and policies, employment or other activities.

8. Dishonest Conduct

Acts of dishonesty are prohibited. Such conduct may include, but is not limited to,

1. knowingly reporting a false emergency,
2. knowingly making false accusations of misconduct,
3. knowingly filing a false complaint,
4. misuse or falsification of University documents by actions such as forgery, alteration or improper transfer; and/or submission to a University official of information known by the submitter to be false or incomplete.

9. Disorderly Conduct

Conduct which interferes with University-authorized activities and the normal functioning of the University, including teaching, research, administration or other activities conducted, sponsored or permitted by the University, is prohibited.

10. Disruption

Disciplinary action will be taken when a person engages in conduct that disrupts or prevents University-authorized activities.  Such conduct includes, but is not limited to, speech, communication, or action which:

1. interferes with teaching, research, or administration,
2. interferes with the learning activities of other students,
3. impedes the delivery of services,
4. has a negative impact in any learning environment,
5. is disrespectful, offensive, and/or threatening,
6. is  physically, verbally or psychologically harassing, threatening, or acting abusively toward an instructor, staff member, or toward other students in any activity authorized by the University,
7. obstructs lawful movement on campus; occupation of buildings, employment or threat of force;
8. damages equipment or property.

11. Drugs or Alcohol

The University’s policy is that the unlawful use, purchase, consumption, manufacture, distribution, dispensing and/or possession of any controlled substance (drug) and/or the misuse of a prescription drug is absolutely prohibited on any University property or at any University-sponsored event. The use, purchase, consumption, manufacture, distribution, dispensing or possession of alcohol is prohibited on University property. The use of alcohol at University sponsored off campus events is prohibited unless specifically approved in writing by the University President. This includes University sponsored off-campus events.

Appearing on any University premises while intoxicated and/or while under the influence of an illegal substance is prohibited.

12. Emergencies

The full cooperation of all students is mandated in emergency situations. Failure to cooperate with the directives of University officials or civil authorities will subject a student to University discipline.

Fire - When a fire alarm sounds, all persons inside a building must move quickly to the nearest building exit or to the exit noted on posted emergency instructions. If no University official is present, the Department of Safety & Security Services should be contacted at Ext. 6902 or 614.374.6169 from any University phone.

Medical - If a potentially life-threatening medical emergency arises, call 911Emergency Medical Service and notify the Department of Safety & Security Services at Ext. 6902 or 614.374.6169. Do not attempt treatment unless properly trained.

Tornado - When information regarding tornado warnings affecting the campus area are received, University officials and the Department of Safety & Security Services will cooperate to notify campus community members. The cooperation of all persons in moving to a safe area is required.

13. Entry, Search and Seizure

A designated University official has the right to enter any part of the University premises to perform reasonable custodial, maintenance and repair services, to inspect for damages or cleanliness, or in case of emergency. A designated University official may enter and search University premises if there is reason to believe that the premises are being used for an illegal purpose or a purpose that violates health or safety regulations or interferes with normal University operation. Evidence found in such a search may be confiscated and used in disciplinary and/or criminal proceedings.

14. Firearms and Weapons

The use, storage, control, or possession of firearms, ammunition, deadly weapons or military ordnance of any kind on the University property or at University functions is expressly forbidden, including storing any said item in vehicles, even if otherwise permitted by law. Firearms are defined as any gun, rifle, pistol, or handgun designed to fire bullets, BBs, pellets, or shots (including paintballs), regardless of the propellant used. 

Other weapons are defined as any instrument of combat or any object not designed as an instrument of combat but carried for the purpose of inflicting or threatening bodily injury.  Examples include, but are not limited to, knives with fixed blades or pocket knives with blades longer than three inches, razors, metal knuckles, blackjacks, hatchets, bows and arrows, nun chukkas, foils, or any explosive or incendiary device.

Possession of realistic replicas of weapons is also prohibited.

15. Hazing

“Hazing,” which is defined by Section 2903.31 of the Ohio Revised Code  as “doing any act or coercing another, including the victim, to do any act of initiation into any student or other organization that causes or creates a substantial risk of causing mental or physical harm to any person” is prohibited.

16. Infliction of Bodily Harm

Infliction or threat of infliction of bodily harm, whether done intentionally or with reckless disregard, including threat or action in retaliation for making allegations of misconduct, is prohibited.

17. Information Technology Standards

Franklin University encourages the use of electronic communication, technology and computing resources for the purposes of University instruction, advancement, administration, research and study. The rules and obligations described in this document apply to all users (students and alumni), wherever they may be located. All users must comply with the Computing and Network Resources Agreement when using University resources. The University has the responsibility of securing its computing systems to a reasonable and economically feasible degree against unauthorized access and/or abuse, while making them accessible for authorized and legitimate uses. This responsibility includes informing users of expected standards of conduct and the consequences for not adhering to them. Standards of conduct may include, but is not limited to the following:

1. Limitations of privacy in electronic communication

   Users expressly waive any right of privacy to anything they create, store or send on any University computer or through the University’s network. The University may access and disclose, as circumstances may warrant, faculty, student or staff electronic communications; therefore, privacy and/or confidentiality should never be assumed. Franklin University may use human or automated means to monitor the use of its resources. Users should respect the privacy of others through the application of normal academic ethics and polite conduct in their use of University computing resources.

2. Ethical, efficient and appropriate use of resources and communication tools

   Users have special responsibilities when handling sensitive data (e.g. electronic data containing Social Security numbers, PINs, passwords of any nature, health, medical and psychological records, police records and/or final grades). Hence, users must be considerate of any legal or privacy laws and business ethics when including such critical data in electronic correspondence.

   While Franklin University aspires to provide the highest quality computing environment, during peak periods (class project times, for example) the demand for computing resources may, at times, exceed the supply of workstations or network connections. Responsible computing requires users be sensitive to the needs of all who seek to use University resources. During such peak periods, users must limit their use of computing technology to performing only the most essential tasks. Users of open labs and user facilities must comply with the posted and published practices with regard to time limits, appropriate academic conduct, etc.

   Users should be aware that electronic communication has different concerns and behaviors than traditional forms of communication. Electronic information does not carry the same body language or voice inflection of regular verbal, face-to-face communication. In fact, electronic communication often requires more thought and details to ensure the intended meaning is received by the recipient of the communication.

3. Responsibility for use

   Computing tools are shared and often essential to the instructional, research and/or administrative functions of the University. The continued availability of these expensive and sometimes fragile resources requires they be used legitimately and treated with care and good sense. Reasonable care should be exercised when using any University computing resource. Some user recommendations are noted below:

   1. Users should follow PC power up and shutdown procedures to reduce maintenance and breakage,
   2. Users must not attempt to subvert the restrictions or mechanisms associated with their computer accounts,
   3. Users are responsible for the use of the computing accounts assigned to them,
   4. Users must use their accounts only for their intended purposes.

   All students and users are encouraged to take advantage of the University’s Technology Help Desk when uncertain about accessing or using computing resources on campus or online in the context of fulfilling course requirements.

4. Misuse or Unauthorized of University Resources

   Users should use computing and network resources efficiently and effectively. Activities which are direct violations of Franklin University's Information Technology Student Computing and Network Resources Standards include:

   1. Keeping unnecessarily large files on shared systems and/or storing numerous or large files beyond the scope required for current coursework,
      
   2. Utilizing computer time and/or network services (Internet, e-mail, etc.), for unauthorized commercial or private purposes,
      
   3. Sending unauthorized or unsolicited, frivolous or excessive e-mail, including chain e-mail, scams and pyramid schemes,
      
   4. Surfing inappropriate sites on the Internet which includes the viewing of pornography,
      
   5. Use of inappropriate or unlawful material,
      
   6. Unauthorized deliberate action which damages or disrupts a computing system alters its normal performance or causes it to malfunction,
      
   7. Modification of system files,
      
   8. Downloading of any software application,
      
   9. Unauthorized dissemination of course material and/or software,
      
   10. Propagating e-mail viruses,
       
   11. Attempting to access unauthorized systems,
       
   12. Attempting to hide one’s true identity by changing one’s username or real name,
       
   13. Use of an account not owned by the assigned user,
       
   14. Unauthorized use of computing resources/facilities,
       
   15. Peer-to-peer file sharing
       
   16. Personal usage,
       
   17. Game playing,
       
   18. Theft of any University property, intellectual or otherwise.

   This list is not exclusive and other items may be added or changed as needed. If you are in doubt of the appropriateness of an activity, you are encouraged to contact the University Technology Help Desk at helpdesk@franklin.edu for guidance.

   Using Franklin University’s information technology system to distribute unauthorized copyrighted material, including peer-to-peer file sharing is strictly prohibited.  Violators of this policy are subject to disciplinary action and may also be subject to civil and criminal liabilities.

5. Passwords

   Users are responsible for maintaining a secure password and for safeguarding their passwords for access to Franklin University’s resources. Individual passwords should not be printed, stored online or given to others. Users are responsible for all transactions made using their passwords. No user may access University resources with another user’s password or account. Use of pass-words does not imply an expectation of privacy.

18. Intimidation/Harassment//Stalking/Cyber-stalking/Bullying

1. Intimidation, harassment, stalking, cyber-stalking and/or bullying is strictly prohibited. If you believe you are being intimidated, harassed, stalked, or bullied by a campus community member or by someone else on campus property, you may enlist the help of the Department of Safety & Security Services and/or Student Services. 
2. Harassment, including bullying, creates a hostile environment when the conduct is sufficiently severe, pervasive or objectively offensive so as to interfere with or limit a student’s ability to participate in or benefit from services, activities or opportunities offered by Franklin University.
3. Stalking is a pattern of behavior directed at a specific person that would cause a reasonable person to feel fear.
4. Cyber stalking occurs when a person, through a pattern of conduct which includes the use of electronic communication, causes another physical or mental distress.
5. Bullying fosters a climate of fear and disrespect that can seriously impair the physical and psychological health of its victims and create conditions that negativelyaffect learning, thereby undermining the ability of students to achieve their full potential. Bullyingthat is directed toward a member of a protected class must be addressed in a prompt and effective manner designed to stop the bullying, remedy the effects of the bullying and respond in a manner reasonably designed to prevent the recurrence.

19. Means of Expression

The University may establish, publish and enforce rules and regulations, including the regulation of sound equipment, rallies, parades, demonstrations or other assemblies, to ensure safety of persons and property and to prevent disruption of the educational process.

20. Parking

University parking lots provide free parking for students while attending class or using University facilities. Parking lots are conveniently located on the campus near all University buildings. Handicapped parking is available and enforced. Students using the parking lots must register their vehicles and obtain a parking permit annually at fall trimester. All students must obey parking lot signage. Students using Franklin University parking lots when not attending classes or when not using University facilities will be subject to City of Columbus parking fines. A comprehensive description of the University’s parking policy is distributed with the issuance of each parking permit. Violators of parking rules may have their parking privileges revoked, their vehicles towed, or other sanctions may be imposed.

21.   Sexual Harassment

Franklin University strictly prohibits sexual harassment. Gender-based harassment is also prohibited.  This includes acts of verbal, nonverbal, or physical aggression, intimidation, or hostility based on sex or sex-stereotyping even if those acts do not involve conduct of a sexual nature.  Sexual harassment is defined as unwelcome sexual advances; requests for sexual favors; or other physical conduct, verbal, non-verbal, or written communication of a sexual nature when:

1. submission to or rejection of such conduct or communication is a term or condition of education benefits, academic evaluations or opportunities or;
2. the submission to or rejection of such conduct or communication has the effect of  interfering with or limiting a student’s ability to participate in or benefit from the school’s programs or;
3. the conduct of such is sufficiently severe, persistent, or pervasive that it denies or limits a student’s ability to participate in or benefit from the education program or that it creates a hostile or abusive educational environment.

Sexual harassment violates University policy as well as state and federal law. Any incidents of sexual harassment should be reported immediately to the Director of Human Resources by phone at 614 947-6540 or by email at HR@Franklin.edu, 201 South Grant, Columbus, Ohio 43215 or to the Office of Civil Rights, Cleveland Office. Anonymous reports may be submitted through www.Mysafecampus.com.

Allegations of sexual harassment will be investigated thoroughly and expeditiously, and appropriate corrective actions will be taken, which may include discipline or dismissal of the harassing party.

Title IX Coordinator

Inquiries concerning the application of Title IX may be referred to the Title IX Coordinator who is the Director of Human Resources at 201 South Grant, Columbus, Ohio 43215 or by phone at 614 947-6540 or by email at hr@franklin.edu or to the Office of Civil Rights, Cleveland Office.

U.S. Department of Education, 600 Superior Avenue East, Suite 750, Cleveland, OH 44114-2611, Telephone: 216-522-4970,FAX: 216-522-2573; TDD: 877-521-2172, Email: OCR.Cleveland@ed.gov

Retaliation and False Reporting

The University prohibits retaliatory action against any person filing a complaint of sexual harassment or against any person cooperating in the investigation of any charge of sexual misconduct.  This includes any form of intimidation, threats or harassment.  The university also prohibits an individual knowingly filing false charges of sexual misconduct.  Acts of retaliation and of knowingly filing false charges of sexual misconduct constitute violations of the Student Code and will result in disciplinary action.

Reporting

A significant benefit to timely reporting is the documentation and preservation of evidence should the victim determine at any point to report the matter for adjudication, either criminally, civilly or through university student code of conduct procedures.  Any student alleging sexual harassment by faculty, staff or another student should advise the Title IX Coordinator at hr@franklin.edu or at 614 947-6540. Anonymous reports may be submitted through www.Mysafecampus.com. Complaints will be promptly investigated. Each complaint will be treated confidentially to the extent practical and consistent with Franklin University’s obligation under the law. If a determination is made that this policy has been violated, appropriate disciplinary action will be taken.

22.  Sexual Misconduct

Sexual misconduct is a broad term encompassing any non-consensual physical contact of a sexual nature that is committed either by force or intimidation or through the use of the victim’s mental or physical incapacity, including through consumption of drugs or alcohol.  Sexual misconduct may vary in its severity and consists of a range of behavior or attempted behavior including, but not limited to the following examples:

1. Non-Consensual Sexual Contact
2. Forced Sexual Activity
3. Non-Consensual Sexual Intercourse
4. Forced Sexual Intercourse
5. Sexual Exploitation
6. Sexual Harassment

Non-Consensual Sexual Contact is:

1. Any intentional sexual touching;
2. however slight;
3. with any object;
4. by a man or a woman upon a man or a woman;
5. without effective consent.

 

An example of non-consensual sexual contact would be, “The touching of an unwilling or non-consensual person’s intimate parts (such as genitalia, groin, breast , buttocks, mouth, and/or clothing covering them); touching an unwilling person with one’s own intimate parts; or forcing an unwilling person to touch another’s intimate parts.”

Forced Sexual Activity is:

1. Sexual activity by force or against the will of the victim
2. Force includes:  the use of physical means, violence, threats, intimidation or coercion;
3. However slight;
4. With any object;
5. By a man or woman upon a man or woman

Sexual activity includes:   Intentional contact with the breasts, buttock, groin, or genitals, or touching another with any of these body parts, or making another touch you or themselves with or on any of these body parts; any intentional bodily contact in a sexual manner, though not involving contact with/of/by breasts, buttocks, groin, genitals, mouth or other orifice.

Non-Consensual Sexual Intercourse is:

1. any sexual intercourse (anal, oral or vaginal);
2. however slight;
3. with any object;
4. by a man or a woman upon a man or a woman;
5. without effective consent.

An example of Non-consensual Sexual Intercourse is:  “Unwilling or non-consensual penetration (oral, anal or vaginal) with any object or body part.  This includes, but is not limited to penetration of a bodily opening without consent through the use of coercion.

Forced Sexual Intercourse

1. Sexual intercourse (anal, oral or vaginal) by the use of force or against the will of the victim
2. Force includes:  the use of physical means, violence, threats, intimidation or coercion;
3. However slight;
4. With any object;
5. By a man or woman upon a man or woman

An example would be:  Penetration (oral, anal, or vaginal) with any object or body part that is attained by use of force, violence, threat, or intimidation against the will of the victim.

Sexual Exploitation:

Occurs when a student takes nonconsensual, unjust 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 non-consensual sexual contact, non-consensual sexual intercourse or sexual harassment.  Sexual exploitation includes:

1. Prostituting another student
2. Non-consensual video or audio taping of any form of sexual activity
3. Voyeurism
4. Knowingly transmitting an STI or HIV to another student
5. Sexual based stalking

Sexual misconduct may vary in its severity, and consists of a range of behavior or attempted behavior including, but not limited to, the following examples of prohibited conduct:

Unwelcome sexual touching
The touching of an unwilling or non-consensual person's intimate parts (such as genitalia, groin, breast, buttocks, mouth, and/or clothing covering them); touching an unwilling person with one's own intimate parts; or forcing an unwilling person to touch another's intimate parts."

Non-consensual Sexual Assault
Unwilling or non-consensual penetration of any bodily opening with any object or body part. This includes, but is not limited to penetration of a bodily opening without consent through the use of coercion.

Forced Sexual Assault
Unwilling or non-consensual penetration of any bodily opening with any object or body part that is committed either by force, threat, intimidation, or through exploitation of another’s mental or physical condition of which the assailant was aware or should have been aware.

Consent

Consent is informed, 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 permission regarding the conditions of sexual activity. 

Consent to one form of sexual activity cannot imply consent to other forms of sexual activity.

Previous relationships or consent cannot imply consent to future sexual acts.

Consent cannot be procured by use of physical force, compelling threats, intimidating behavior, or coercion.  Coercion is unreasonable pressure for sexual activity.  Coercive behavior differs from seductive behavior based on the type of pressure someone uses to get consent from another.  When someone makes clear to you that he or she does not want sex, that they want to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive. 

In order to give effective consent, one must be of legal age. 

If you have sexual activity with someone you know to be--or should know to be—mentally or physically incapacitated (by alcohol or other drug use, unconsciousness or blackout), you are in violation of this policy.  Incapacitation is a state where one cannot make a rational, reasonable decision because they lack the ability to understand the who, what, when, where, why or how of their sexual interaction.

This policy also covers someone whose incapacity results from mental disability, sleep, involuntary physical restraint, or from the taking of a so-called “date-rape” drug.  Possession, use and/or distribution of any of these substances, including Rohypnol, Ketomine, GHB, Burundanga, etc. is prohibited, and administering one of these drugs to another student for the purpose of inducing incapacity is a violation of this policy.  More information on these drugs can be found at www.911rape.org/

Use of alcohol or other drugs will never function to excuse behavior that violates this policy.

Title IX Coordinator

Inquiries concerning the application of Title IX may be referred to the Title IX Coordinator who is the Director of Human Resources at 201 South Grant, Columbus, Ohio 43215 or by phone at 614 947-6540 or by email at hr@franklin.edu or to the Office of Civil Rights, Cleveland Office.

U.S. Department of Education, 600 Superior Avenue East, Suite 750, Cleveland, OH 44114-2611, Telephone: 216-522-4970,FAX: 216-522-2573; TDD: 877-521-2172, Email:OCR.Cleveland@ed.gov

Retaliation and False Reporting

The University prohibits retaliatory action against any person filing a complaint of sexual misconduct or against any person cooperating in the investigation of any charge of sexual misconduct.  This includes any form of intimidation, threats or harassment.  The university prohibits an individual knowingly filing false charges of sexual misconduct.  Acts of retaliation and of knowingly filing false charges of sexual misconduct constitute violations of the Student Code and will result in disciplinary action.

Reporting

A significant benefit to timely reporting is the documentation and preservation of evidence should the victim determine at any point to report the matter for adjudication, either criminally, civilly or through university student code of conduct procedures.  Any student alleging sexual harassment by faculty, staff or another student should advise the Title IX Coordinator at hr@franklin.edu or at 614 947-6540. Anonymous reports may be submitted through www.Mysafecampus.com. Complaints will be promptly investigated. Each complaint will be treated confidentially to the extent practical and consistent with Franklin University’s obligation under the law. If a determination is made that this policy has been violated, appropriate disciplinary action will be taken.

Interim actions to protect students

The Dean of Students has the authority take interim action, such as interim suspension, to protect the safety of the university community.  The university similarly has the authority to issue a no-contact order if continued contact between a complaining student, an accused, or witnesses would be prejudicial to any of the parties’ welfare.  The university may also consider other interim action depending on the circumstances, which could include modifying class or work schedules or other arrangements.

23. Solicitation

Solicitation by non-affiliated persons or groups is prohibited. Student organizations wishing to participate in fundraising projects must secure approval from the Dean of Students. Off-campus organizations are referred to the Dean of Students to determine on-campus solicitation or representation.

24. Smoking

Smoking is prohibited in all University buildings. In accordance with the Ohio Revised Code (ORC) 3794.01 which took effect December 7, 2006, students may not smoke near immediate entrances or areas that would allow smoke to enter ventilation systems or building(s).

25. Student Contact Information

Students are responsible to keep current address, telephone, e-mail and contact information on file with the University. Students are provided an opportunity to update this information each time they register. Telephone number and e-mail changes must be reported to Student Services either face-to-face or via e-mail through the info@franklin.edu mailbox. Only those requests made through the student's Franklin email address will be accepted. Address changes can be made online via myFranklin site.

26. Theft/Unauthorized Use of Property

Theft, or attempted theft, or the unauthorized use or possession of University property or services, or the property of others while on University premises is prohibited.

27. Unauthorized Presence

Unauthorized entrance, or attempted entrance, to or presence in or on University premises is prohibited.

VI. Violation of Laws and the University Student Code of Conduct

Violations of the University Student Code of Conduct will be taken seriously and students who are found in violation of University regulations, policies or rules, or any other violation of local, state or federal law may be subject to disciplinary action including loss of privileges, suspension or dismissal from the University, and/or civil and criminal liability.

VII. Sanctions

The follow list includes possible sanctions that may be imposed as a result of violations of the Student Code of Conduct rules and regulations.  The sanctions include, but are not limited to:

1. Informal word of warning – an oral or written word of caution resulting from the student’s misconduct. No formal charges or notice is required before the issuance of an informal word of warning.
2. Letter of corrective action – a written letter issued by a hearing officer resulting from the student’s misconduct and subsequent review of the circumstances. This is an official notification of unacceptable behavior and a violation of the student code of conduct
3. Loss of privileges – this may include privileges such as using book vouchers, computer labs, meeting spaces, parking, Franklin email account, tutoring, proctored tests, etc.
4. Restitution – reimbursement for costs of damages to a person or property or for a misappropriation of property.  Restitution may take the form of appropriate services to repair or otherwise compensate for damages.  Restitution may be imposed in combination with any other penalty.
5. Probation – permits continuation of enrollment, but may impose certain requirements on the student for a specified period of time.  Any further violations by the student under probation will likely result in progressively severe sanctions.
6. Suspension – is the loss of privileges of enrollment at Franklin University for a designated period of time and prohibits a student from being present without permission on any property of Franklin University.
7. Dismissal – is the permanent loss of privileges of enrollment at Franklin University and prohibits the student from ever being present without permission on any property of Franklin University.

Revised July 2011