About ‘1219 violations’
What is a 1219 violation?
The Ohio Campus Disruption Act, commonly referred to as a “1219”, is codified in Ohio Revised Code sections 3345.22 and 3345.23. The purpose of the law is to protect university students, faculty, staff, and other members of the campus community from crimes of violence committed in the vicinity of the university or upon people or property at the university.
A “1219” hearing is appropriate when a student is arrested for a crime of violence committed on or near the University. If a student is convicted of an offense of violence that occurred on or near the University, the student will be automatically suspended under R.C. 3345.23.
What is considered to be a crime of violence?
There are over 30 crimes of violence that would be considered violations of the “1219” law including, but not limited to, the following:
|Gross Sexual Imposition||Robbery|
|Inciting to Violence||Sexual Battery|
|Inducing Panic||Voluntary Manslaughter|
How does a 1219 work?
If a student is arrested for a crime of violence listed in the law, he/she may be temporarily suspended from the University under University Rule 3359-41-01, which is referred to as a Presidential Suspension. The Presidential Suspension will last during the process of the 1219 hearing and continues until the student meets with Student Conduct and Community Standards. The results of the “1219” hearing discussed below do not alter the student’s status under a Presidential Suspension.
A “1219” hearing, which is distinctly separate from a fact-finding meeting or a hearing board, will be held shortly after a student’s arrest for a crime of violence. The hearing can be continued for good cause. The purpose of the “1219” hearing is to determine by a preponderance of the evidence whether the student committed an offense of violence.
If the Referee, as appointed by the University, finds that the student did commit an offense of violence on or near the University, the Referee will then determine if the student should be under strict probation or suspended from the University pending the outcome of the criminal case. However, as noted above if the student is under a Presidential Suspension, the student will remain suspended, even if they only receive strict probation from the Referee, until the conclusion of the conduct process administered by the Department of Student Conduct and Community Standards.
Following the “1219” hearing, the criminal case outcome will determine the student’s status under R.C. 3345.23. If the student is convicted of an offense of violence in the criminal case the student will be suspended from the University for at least one year.
Upon acquittal, or upon any final judicial determination not resulting in conviction of an offense of violence, the "1219" suspension automatically terminates, and the person suspended shall be reinstated and the record of the "1219" suspension expunged from the person’s University record.
What will the “1219” hearing be like?
The “1219” hearing will be an adversary proceeding. Unlike a Student Conduct hearing, a “1219” hearing will be conducted by a Referee appointed by the University. A University attorney will present the evidence at the hearing on behalf of the University. The student has the right to:
- Be represented by an attorney
- To cross-examine witnesses called by the State
- Call upon his/her own witnesses
- To present evidence
- To give a statement (but is not required to do so)
If the student does not appear at the hearing the student will be suspended. In the absence of a waiver of the right against compulsory self-incrimination, the testimony of a person whose suspension is being considered, given at the hearing, shall not subsequently be used in any criminal proceeding against the person.
What is the purpose of a “1219” hearing?
The purpose of the "1219" hearing is to remove students from campus that may be a threat to the safety and security of the student body and campus community.
What does preponderance of the evidence mean?
Preponderance of the evidence, also known as balance of probabilities, is met if the proposition is more likely to be true than not true. Effectively, the standard is satisfied if there is greater than 50 percent chance that the proposition is true. The Referee must find that the student committed the offense by a preponderance of the evidence.
If found responsible in the 1219 hearing, will the student be found guilty at the criminal trial?
The criminal process and "1219" hearing are separate. The outcome of the "1219" hearing has no bearing on the criminal case.
Will the student be allowed to return to school if found not guilty in the criminal trial?
Maybe, as noted above, if the student is found not guilty of the offense of violence the "1219" suspension will automatically terminate and the "1219" will be expunged from the student’s University record. The key to remember is that the “1219”process is distinctly different than the criminal process and the Student Conduct fact finding or hearing board processes.
This means that upon conclusion of the “1219” hearing and possibly while the criminal case is still underway, the University may, and in nearly all cases will, initiate the University conduct process. The student may also be under the restriction of a Presidential Suspension. Unless the student is under a Presidential Suspension or has been found responsible of a violation of the Code of Student Conduct, the student would be permitted to return to school.
What if the student is found guilty at the criminal trial?
If the student is found guilty at the criminal trial for an offense of violence on or near the University, he/she will be dismissed from the University of Akron for the period of one year.
The student will receive a written notice of the dismissal from the Department of Student Conduct and Community Standards.
The student must receive approval from the Board of Trustees to be permitted to return to the University.