Chapter 3337-3 Faculty Governance

3337-3-01 Faculty governance.

(A) Constitution of the faculty senate of Ohio university.

(1) Preamble. We, the members of the faculty of Ohio university, concerned that improvement of academic standards keep pace with the physical growth of the university, convinced that those directly involved in the instructional and research activities of the university can play an active advisory role to the administration and board of trustees, who alone have the responsibility to the people of Ohio for the proper conduct of university affairs, in arriving at decisions involving university policy, aware that a regularly authorized and representative agency of the faculty must serve this function if academic excellence is to be maintained and improved, do hereby establish a faculty senate of the university to constitute the official channel of faculty opinion in all matters which have a bearing upon the furtherance of academic excellence.

(2) Article I. Composition and election.

(a) The faculty senate shall be composed of faculty members with faculty status, with or without tenure. Forty-one senators shall be elected by the full-time faculty of the degree colleges and divisions of the Athens campus of the university in proportion to the number of members of such faculties eligible to serve on the faculty senate. One senator from each of the regional campuses of the university shall be elected by the full-time "'faculty of that campus, and one member will be elected "at large" from the regional campuses. The election shall be conducted in accordance with the rules of election stated in the senate by-laws.

(b) Each year members shall be elected for a three-year term, to replace those whose terms of office have expired. No member shall serve more than two terms in succession without at least one elapsed year.

(c) Elections shall be held in May of each year, and shall be conducted by secret ballot by an elections committee of the senate. Terms of office shall expire on August thirsty first new members shall assume office on June first.

(d) A presiding officer to be known as the chairman of the faculty senate shall be elected by the senate at the May meeting. Members of the senate who have served at least one year shall be eligible for election to the office of chairman. The chairman shall preside at meetings of the senate throughout the year and until a new chairman has been elected at the May meeting following his term of office.

(e) A vice-chairman shall be elected from among those members eligible for election to the office of chairman. He shall preside at meetings of the senate, and otherwise fulfill the duties and obligations of the chairman, at the request of the chairman or in the event of his absence.

(f) A secretary of the faculty senate shall be elected annually from those members eligible for election to the office of chairman. He shall be responsible for the preparation of minutes and for such other duties as may be assigned by the chairman.

(g) When vacancies occur in the membership of the senate because of death, resignation or extended absence from the campus, an interim member shall be appointed by the chairman as provided for in the rules of election. The interim member shall serve until the original term is completed (or until the absent member is able to resume his duties) and shall be eligible for reelection. The secretary shall notify the senate that a vacancy exists when he is informed of the death, resignation or extended absence of a member.

(3) Article 2. Meetings of the faculty senate.

(a) The faculty senate shall hold, at least one regular meeting each month during the calendar year. Except in circumstances specified in the by-laws, any member of the. faculty or any administrative officer of the university may attend the meetings of the senate and may express his views upon recognition by the presiding officer.

(b) The chairman, or, in his absence, the vice-chairman, shall preside over all meetings of the faculty senate.

(c) Special meetings of the senate may be called by the chairman upon his initiative, or at the request of the president of the university, or upon petition in writing to the chairman signed by five elected members of the senate. The chairman shall be responsible for advance notification to all members of the time and place of all special meetings.

(d) A quorum of any regular or special meeting of the faculty senate shall be a majority of the membership of the faculty senate.

(4) Article 3. Functions of the faculty senate.

(a) The faculty senate shall:

(i) Initiate policies relating to university-wide academic matters, recommending their approval by the president through the executive vice president and dean of faculties.

(ii) Act upon all faculty grievance matters according to policies and procedures of the faculty handbook.

(iii) Initiate policies relating to the rights and responsibilities of faculty members incident to their employment by the university, recommending their approval by the president through the executive vice president and dean of faculties.

(iv) Receive, act upon, and transmit to the president through the executive vice president and dean of faculties the views of the senate with respect to proposals initiated by the president, the executive vice president and dean of faculties, or other individuals or groups regarding policies relating to university-wide academic matters, changes and additions to the faculty handbook, and policies relating to the rights and responsibilities of faculty members incident to their employment by the university.

(v) Initiate changes and additions to the faculty handbook, recommending their approval by the president through the executive vice president and dean of faculties.

(vi) As a official channel of faculty opinion on all matters which have a bearing on academic excellence.

(b) The faculty senate shall transmit recommendations to the president of the university via the chairman. In appropriate cases, the faculty senate shall transmit recommendations to the board of trustees via the chairman and the president of the university.

(c) Upon the majority vote of the elected membership of the faculty senate, the chairman of the senate shall request the president to convene a meeting of the university faculty for the consideration of matters of general interest to the faculty.

(d) Upon written petition of one-fifth of the faculty members of Ohio university eligible to serve on the faculty senate, the chairman of the faculty senate shall request the president to call a meeting of the university faculty.

(e) The officers of the faculty senate shall be responsible for officially informing the president or the dean of faculties of the transactions of the senate and for informally discussing these and related matters with them. They shall communicate to the senate any information or request which the president or dean of faculties wishes to be communicated, except that the president or the dean of faculties, or a designated representative is privileged to present his views from the floor in any regular or special meeting.

(f) In performing the duties stated herein, the chairman shall be governed by the following stipulations:

(i) The chairman is charged with the responsibility for representing the faculty senate and with presenting the faculty senate's recommendations and views.

(ii) The chairman shall transmit all formal actions from the faculty senate to the appropriate persons in written form approved by the senate, and shall request that all formal communications to the senate by in written form.

(g) The faculty senate shall consider, in any action taken, the two major responsibilities of all persons who serve as members of the faculty of Ohio university the welfare of the citizens of Ohio and the pursuit of truth.

(h) The faculty senate shall prepare by-laws of organization and procedure for the conduct of its affairs.

(i) An amendment to the constitution may be proposed by a two-thirds vote of the membership of the senate and submitted to faculty for approval. A simple majority of those voting shall constitute an affirmative vote. The amendment shall become effective upon approval by the board of trustees of Ohio university.

(B) By-laws of the faculty senate of Ohio university.

(1) Rules of election.

(a) Each member of the faculty senate shall be elected for a three-year term beginning June first and ending August thirty first

(b) The election shall be held by secret ballot in the first week of May of each year. At least two weeks prior to the date of the election, the senate elections committee shall circulate to all faculty a call for nominations of eligible faculty members for the senate. The call shall request the faculty member

(i) To list his own name if he wishes to have his name on the ballot, and is not disqualified by the rules of election;

(ii) To list the name or names of any other eligible faculty members whom he wishes to place in nomination for election to the senate, and who are not disqualified by the rules of election.

(c) The elections committee will draw up a ballot listing all the names returned with the following exceptions:

(i) Members of the senate whose terms do not expire;

(ii) Members of the senate whose terms expire but who have been elected and who have served for two consecutive three-year terms (such persons are ineligible for election until one year has elapsed) and

(iii) Members of the faculty who will not be on the Campus for two or more quarters of the next academic year. Provisions shall also be made on the ballot for write-in votes.

(d) Every faculty member with faculty status is eligible to vote for members in his college or regional campus. The balloting shall be carried out according to the "Method of Proportional Representation." In this method, each voter's ballot is used for the candidate of his first choice unless this candidate has too few votes for his election to be possible, in which case his ballot is transferred to his second choice candidate, and so forth. Almost every voter's ballot is used to elect some representative, and thus each minority faction "will have its proper share of representatives. The ballots will be tallied as follows:

(i) Step 1. Distribute all ballots to candidates of first choice. (If a ballot does not indicate an unambiguous first choice, it is invalid and is discarded).

(ii) Step 2. Count the number of ballots distributed to each candidate.

(iii) Step 3. Add these numbers to find the total ballots. Call this "B".

(iv) Step 4. Let "n" be the number of candidates to be elected, and let "E" be the number of ballots required to elect any candidate. Compute "E" as follows: If B/(n+1) is not a whole number, then "E" is the next largest whole number. "Example: B = 100, n = 2, then B/(n+1) = 33 1/3, and E = 34. If B/(n+1) is a whole number, then E = B/(n+1) +1. Example: B - 100, n = 3, then B/(n+1) - 25, and E = 26.

(v) Step 5. If one or more candidates have at least "E" ballots, then declare elected the candidate with most ballots. Call his number of ballots "N". (In case of a tie, choose one by lot). (If no candidate has an many as "E" ballots, go to step 11.)

(vi) Step 6. Count the elected candidate's transferrable ballots (those with a second choice indicated). Call this number "T".

(vii) Step 7. Compute the value of each transferrable ballot, V = (N-E)/T to two decimals. Write this value at the top of each transferrable ballot. (Example: Smith has twenty-five ballots, of which twenty-three indicate a second choice; E is twenty. Then V = (25-20)/23, or 0.22 to two decimals.)

(viii) Step 8. Distribute all transferrable ballots to candidates of second choice.

(ix) Step 9. Compute a new total (N) for each candidate by adding the values of all his ballots. (The value of an untransferred ballot is one.)

(x) Step 10. If one or more of the remaining candidates have at least "E" ballots, repeat steps 5 through 9. In step 7, the new value of any transferred ballot is computed by: New value = old value times (N-E)/T. If none of the remaining candidates has "E" or more ballots, then go to step 11.

(xi) Step 11. Declare defeated the candidate with the fewest votes. (If two candidates are tied for low, select one by lot.) Record all defeated candidates in the sequence of their defeat, for the purpose of compiling a list of alternates.

(xii) Step 12. Distribute all ballots of the defeated candidate among the remaining candidates according to the highest choice indicated on the ballot. The value of a ballot does not change in this transfer. (If a ballot indicates no further preference among the remaining candidates, it is declared exhausted, and plays no further part in the election.)

(xiii) Step 13. Count the new totals for all remaining candidates. Repeat steps 5 through 12 until "n" candidates have been elected, or until the number of remaining candidates is just sufficient to fill the remaining positions, at which point they are declared elected.

(xiv) The election shall be carried out by the elections committee of the senate, consisting of the chairman, the vice-chairman, and the secretary of the senate, plus the other two members serving on the executive committee of the senate. The chairman of the senate or a member of the elections committee designated by him, shall serve as chairman of the elections committee.

(xv) The elections committee shall be charged with preparing and distributing the ballot, counting the votes, and notifying the new members elected. The elections committee shall also prepare a list of alternates, in order of number of votes, from each of the colleges and regional campuses. The list shall be maintained by the secretary, who shall notify the senate of any vacancy that exists in the membership of the senate and who shall aid the chairman in appointing the highest-ranking alternate to the vacancy.

(xvi) Vacancies may occur due to the death, resignation, or extended absence of a member; extended absence shall be considered to mean more than two absences from meetings without excuse during an academic year (September through May). An alternate, or interim member, shall serve until the original term is completed unless the absent member has signified a date at which he will be able to resume his duties.

(xvii) In addition to the procedures governing vacancies as described in the preceding paragraph and Paragragh (A)(2)(g) of this rule an absent senator may be temporarily replaced for a given meeting by one of the alternates from his college or branch from the list maintained by the secretary. The alternate shall, during the meeting at which he serves, have all the privileges of membership, including voting. Temporary replacement shall be accomplished in the following manner: A senator who must be absent shall notify the chairman or secretary in advance of the meeting. The chairman or secretary will then notify, if time permits, the first alternate. If the first alternate cannot serve, the second alternate will be notified, and so on. An alternate must report his presence to the secretary at the beginning of the meeting. The interim member shall be eligible for election (or re-election) as soon as his interim term expires, but he may not serve more than two elected three-year terms in succession.

(2) The election of faculty senate officers.

(a) The faculty senate shall have three elected officers: a chairman, a vice-chairman, and a secretary. The officers shall be elected in the order given above at the May meeting of the senate or, alternatively, at a special meeting held prior to the June commencement.

(b) Members of the senate who have served at least one year shall be eligible for election to office Members-elect whose terms will begin on June first shall participate in the election of officers. Members who will retire from the senate effective August thirty first shall not participate in the election of officers.

(c) The election shall be carried out by secret ballot with nominations from the floor. Election to office requires a majority of the votes cast. If no nominee has a majority of votes for a particular office, a new ballot shall be taken until a majority is achieved. The new officers shall assume office upon election.

(3) Meetings.

(a) Notice. Notice of meetings may be given by campus or U.S. mail or by telephone. Mailed notice of meetings must be given so as to be received at least twenty-four hours prior to the meeting. If the member cannot be reached personally, leaving a telephone message announcing the meeting with a responsible person at the member's house or office at least four hours prior to the meeting will constitute sufficient notice.

(b) Notice for special meetings. All business to be taken up at special meetings must be announced with reasonable particularity in the notice of the special meeting.

(c) Closed meetings. In unusual circumstances, the senate may wish to close its meeting to various persons or groups of persons for a variety of reasons. Closing may be accomplished in two ways:

(i) The chairman and/or the executive committee of the senate may announce in the notice of a meeting that the meeting or particular portions of the meeting will be closed. The chairman will ask the members of the senate, when the meeting convenes, if there is objection to closing the meeting or particular portions of the meeting. If a member so requests, a roll call vote will be taken on this question. A simple majority of those voting will close the meeting, except that if the meeting is to be closed to faculty, two-thirds majority of those voting will be required.

(ii) A motion from the floor may close a meeting or a portion of a meeting. Again, a roll call vote on the motion will be taken and a simple majority of those voting will close the meeting or portions of the meeting to whomever is named in the motion, except that if the meeting or portions of the meeting are to be closed to faculty, a two-thirds majority of those voting will be required.

(d) Any motion or recommendation to close a meeting must specify

(i) The person or persons to whom it is to be Closed,

(ii) The reasons for the closure, and

(iii) The business to be transacted during the closed period. Once the conditions in the motion or recommendation have been fulfilled, the meeting will be re-opened in accordance with the senate constitution, "Article" 2.

(e) The faculty senate shall hold at least one regular meeting each month during the calendar year. This meeting shall be on the third Monday of each month (unless members are notified of an exception) at an announced time and place. During the summer months (June, July, and August) the senate membership shall be comprised of all senators elected in May of that calendar year, those whose terms continue into the same or subsequent academic years, and those whose terms end August thirty first If necessary, the executive committee may ask alternates from the list maintained by the secretary to fill vacancies in the summer senate. These alternates shall be chosen from among those most recently elected. A quorum of the summer senate shall be a majority of the number of senators who serve during the regular academic year.

(f) If the chairman, the vice-chairman and the secretary are all absent from the campus during the summer, the chairman shall appoint a chairman pro tempore from the senate's executive committee (or from the other members of the senate if necessary).

(g) No final action on a main motion or resolution introduced at "a regular or special meeting may be taken at that same meeting. This rule may be suspended by a two-thirds majority of those voting at any regular or special meeting.

(4) Standing committees.

(a) The faculty senate shall have the following standing committees:

(i) Executive

(ii) Educational policy

(iii) Finance

(iv) Professional relations

(v) Student affairs

(vi) Promotion and tenure.

(b) All members of 'these committees shall also be members of the faculty senate, but sub-committees appointed by these standing committees should include members of the faculty who are not members of the faculty senate. The executive committee shall include among its members the chairman of the faculty senate, who shall serve as chairman of the committee, and it shall also include the vice-chairman and secretary of the senate, and two other senators appointed by the chairman. The chairman shall, in consultation with the members of the executive committee, appoint the members and chairmen of the other standing committees. It is considered desirable that each member of the faculty senate serve on one of the standing committees.

(5) Faculty initiation of proposals.

(a) Any ten faculty eligible to vote in senate elections may present any matter they wish to the senate at a regular meeting. The matter will be discussed and scheduled for vote at the next regular senate meeting or, if the senate wishes, at a special meeting called for the purpose of considering the petition or other matters.

(b) Ten per cent of the faculty eligible to vote in senate elections may present any matter to the senate at a regularly scheduled meeting, and the senate will debate and vote on the matter at that meeting, if the petitioners wish and if they state their wish in the petition itself. If the senate acts contrary to the petition or modifies it in some substantial way unacceptable to the petitioners, the petition will be considered to have met the requirements of the petition in the referendum procedure ( Paragraph (B)(6)), and a referendum of all faculty eligible to vote in senate elections will be instituted in keeping with the requirements of the procedure for a referendum.

(6) Faculty initiated referendum. A petition signed by ten per cent of the faculty calling for a referendum on any matter, submitted to the chairman of the senate, will cause the chairman to convene the elections committee, to prepare a ballot, and submit it to faculty eligible to vote in senate elections. This will be done and -the chairman will announce the results within thirty days of receipt of the petition.

(7) Recall of faculty senate members. In order to remove a senator from office, the requisite number of faculty' members from his college or regional campus must sign a petition of the form specified below. The requisite number of faculty members signing shall be at least twenty-five per cent of those eligible to vote in senate elections in his college or regional campus but no less than twenty.

(8) A petition to recall a member of the faculty senate format: The following faculty eligible to vote in faculty senate election in (giving the name of the college or regional campus) request that the elections committee of the faculty senate hold a special election to determine whether the seat in the senate held by (full name of the senator) from our (college or regional campus) shall be vacated and filled by the appropriate alternate from the list maintained by the secretary of the senate. We further request that this election be held within thirty days after the chairman of the senate receives this petition. After receiving the petition the chairman of the senate shall convene the elections committee, and the elections committee will prepare a ballot which will be distributed to all faculty eligible to vote in senate elections from the college or regional campus from which the petition comes. The ballot will refer faculty to the appropriate senate by-law, a date by which the ballot is to be returned, which will in no case be later than thirty days from the date the petition is presented to the chairman of the senate, and shall be in the following form.

(9) A ballot to recall a member of the faculty senate format: Shall (full name of senator) be retained in the faculty senate? Yes ( ) No ( ) A majority of votes will retain (senator's name) in the senate. A majority of "NO" votes will result in (senator's name) being replaced by (name of the appropriate alternate) in the faculty senate.

Provided that at least fifty per cent of those eligible to vote in the recall election cast ballots, the elections committee will count the ballots and if a simple majority of those voting vote for recall, i.e., vote , the committee will inform the senator mentioned in the petition that he has been recalled, and will inform the alternate that he serve in the senator's place. If a simple majority of those voting do not support the recall petition, i.e., vote or if less than fifty per cent of those eligible to vote have cast ballots, the elections committee will inform the senator that he has not been recalled and that he will continue to serve in ,the senate.

(10) Removal of senate officers or committee chairmen: Any officer, committee chairman or other functionary of the senate may be removed by a petition calling for his removal signed by two-thirds of all the members of the senate. Such a petition shall remove the person named from his office immediately (provided it is received by the chairman of the senate at least one week prior to the next meeting of the senate). If the petition is received less than one week before a meeting, the removal will not occur until the following meeting. The office vacated will then be filled by usual procedures at the first meeting occurring after the office has been vacated.

(11) Parliamentary authority. The parliamentary authority for conducting senate meetings will be the "Sturgis Standard Code of Parliamentary Procedure.'' The chairman of the senate will appoint a parliamentarian who will serve for each academic year.

(12) Amendments of the by-laws. The by-laws may be amended by majority vote of the senate.

(C) Ohio faculty senate. The Ohio faculty senate is an inter-institutional body composed of duly-elected faculty members of public universities, regional campuses, colleges, community and technical colleges which offer higher education in the state of Ohio, report to the board of regents, and receive substantial proportions of their financial support from the state of Ohio.

(1) The purposes of the Ohio faculty senate as enumerated in its constitution, "Article" II, are:

(a) Concerted action in appropriate settings to achieve excellence in all facets of public higher education in Ohio;

(b) Collation and study of facts relating to higher education in Ohio;

(c) Consensus regarding the dominant opinions, intentions, and/or interests of the faculties of the public institutions of higher education in Ohio;

(d) General and effective dissemination and use of advice from the faculties of the public institutions of higher education in Ohio;

(e) Widespread dissemination of information about the needs, opportunities, responsibilities, and plans of higher education in Ohio;

(f) Review of any and all matters deemed important to the faculties of the public institutions of higher education in Ohio;

(g) Representation to, liaison, and cooperation with the several agents, agencies, and bodies concerned with and responsible for matters of higher education in Ohio and elsewhere.

(2) The constitution and by-laws of the Ohio faculty senate were ratified by the Ohio university faculty senate on July 21, 1969. Representatives from Ohio university are to be selected by a method deemed acceptable to the faculties or senates of the institutions represented.

(3) Rules for electing faculty representatives to the Ohio faculty senate:

(a) Eligibility for election: Any person designated as a faculty member according to the definition given in the by-laws of the faculty senate of Ohio university ( Paragraph (B)(1)) shall be eligible for election.

(b) Term of service: The terms of representatives shall be for three years. Terms shall begin on the date of election.

(c) Method of election:

(i) The election shall be carried out by secret ballot at the regular meeting of the faculty senate of Ohio university in September.

(ii) Nominations shall be made by a nominating committee appointed by the executive committee of the senate. Nominations shall also be open from the floor.

(iii) Election as a representative requires a majority of the votes cast. If no nominee has a majority, a new ballot shall be taken until a majority is attained.

(iv) The same procedure shall be repeated until all representatives are selected.

(D) Election of a faculty representative to "FACCOBR". The faculty advisory committee to the chancellor of the Ohio board of regents consists of a representative from each of the state-assisted universities of Ohio, plus representatives from some of the community and private colleges.

(1) The faculty senate will elect a faculty representative to FACCOBR, and one alternate. The alternate is expected to attend the meetings of FACCOBR with the representative.

(2) The election will be held at the regular May meeting of the senate. Nominations will be made by an ad hoc nominating committee, and from the floor. Elections will be by simple majority of those voting. Newly elected members are eligible to vote; members whose terms are expiring are not.

(3) The term of office will be for two years, starting with the time of election. A retiring representative or alternate is urged to attend, as alternate, the FACCOBR meetings during the summer following retirement.

(4) An incumbent who has served two complete terms must retire for at least one term.

(5) The representative and alternate need not be members of the faculty senate.

(6) The duties of the representative shall be:

(a) To attend the meetings of FACCOBR.

(b) To report to the chairman of the faculty senate after each FACCOBR meeting, and to the full senate when appropriate.

(c) To consult with the senate, with faculty, and with administrators in the formulation of policies to be proposed at meetings of FACCOBR.

Effective: 3/14/2015
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15
Prior Effective Dates: 3/16/1978

3337-3-03 Americans with disabilities act compliance.

The version of this rule that includes live links to associated resources is online athttps://www.ohio.edu/policy/03-003.html

(A) Overview

Discrimination on the basis of disability is prohibited. qualified persons with disabilities shall not be denied access to educational or employment opportunities at Ohio university.

This policy establishes a compliance procedure to implement and enforce the provisions of the Americans with Disabilities Act of 1990 (as amended). ADA Amendments Act of 2008 (ADAAA). Sections 503 and 504 of the Rehabilitation Act of 1973. and state disability law. This policy is also intended to provide guidance to employees and students in regards to their rights and responsibilities under the laws mentioned in this paragraph.

(B) Responsibility for university response

Ensuring an accessible and inclusive educational and work environment is the responsibility of every member of the university community.

(1) Office for equal opportunity and accessibility

The director of equal opportunity and accessibility shall serve as the university's ADA/504 cordinator. The ADA/504 cordinator shall

(a) Receive and respond to complaints of discrimination or harassment on the basis of disability and monitor Ohio university's compliance with affirmative action obligations in regards to persons with disabilities:

(b) Coordinate response to requests for accommodation or employment modification by employees:

(c) Coordinate response to issues regarding campus accessibility in collaboration with other offices.

(2) Ohio university facilities department

The Ohio university facilities department is responsible for promoting compliance with campus physical and architectural access.

(3) Office of information technology

The office of information technology is responsible for identifying, implementing, maintaining, and renewing accessible information systems, including web presence, academic support systems, administrative information infrastructure; and to ensure accessibility for students, staff, and public users.

(4) Office of student accessibility services

The office of student accessibility services is responsible for organizing the university response to requests for accommodation and provision of academic services that support the needs of students with disabilities.

(5) University human resources

University human resources is responsible for coordinating the university's response to related employment issues such as hiring processes; job performance and evaluation; benefits including vacation, personal, and sick leave; and university compliance with state and federal employment laws such as FMLA and workers' compensation.

(C) Coverage

This policy applies to current and prospective students, current and prospective employees including qualified applicants for employment, visitors, and guests on campus.

(1) Definition of disability

An individual with a disability is an individual who has a physical or mental impairment that substantially limits one or more major life activities; has a record of such impairment; or is regarded as having such an impairment.

(2) Qualified person with a disability

(a) With respect to education, a qualified person with a disability is a person with a disability who meets the academic and technical standards for admission or participation in a particular educational program or activity with or without accommodation.

(b) With respect to employment, a qualified person with a disability is a person with a disability who, with reasonable accommodation, can perform the essential functions of a particular job. This policy extends to recruitment, selection, termination, compensation, and advancement in employment with or without accommodation

(3) Essential functions of a job

Those functions actually performed in the job, the removal of which would fundamentally alter the position. To determine whether a function is essential, it must be determined whether the position exists to perform that function and whether there are other employees available to share that function, as well as the degree of expertise required to perform the function. Whether a function is essential also depends on the content of the written job descriptions, the terms of the collective bargaining agreement, the time spent performing the particular function, and the consequences of failing to require the employee to perform the function.

(4) Reasonable accommodation

(a) In regards to education: A modification or adjustment to an academic program or activity that enables a student to meet essential element of the academic program. Such accommodation is required unless it causes undue hardship on the academic unit or poses a direct threat to the health and safety of the individual or others. Undue hardship is defined as any accommodation that is substantially disruptive, administratively burdensome, unduly costly to the university, or that would fundamentally alter the nature, operations, or requirements of the educational program or activity.

(b) In regards to employment: A modification or adjustment to a job, the work environment, or the way things are done that enables a qualified individual with a disability to perform essential job functions. Such accommodation is required unless it poses an undue hardship on the employer or poses a direct threat to the health and safety of the individual or others. Undue hardship is defined as any accommodation that is substantially disruptive, administratively burdensome, unduly costly to the university, or that would fundamentally alter the nature or operation of the unit.

(D) Process for seeking accommodation for a disability

The following procedure will be used when an employee, student, applicant, or member of the public requests reasonable accommodation from an employee or representative of the university, in order to ensure compliance and to accommodate requests from individuals who have identified themselves as having a disability.

(1) Employee-initiated requests for reasonable accommodation

In regard to employment opportunity and job performance: An individual employee with a disability who seeks accommodation or other work modification will request reasonable accommodation to his or her supervisor and notify equal opportunity and accessibility (employee accommodation coordinator). The employee accommodation coordinator shall be responsible for ensuring application of a fair and consistent process for verifying a disability and providing reasonable accommodation and for maintaining the university's employment records that relate to the disclosed disability. The employee accommodation coordinator will interact with employees, supervisors, and administrative decision-makers to facilitate communication and agreement about accommodation for employees with disabilities.

The university employee accommodation coordinator shall verify that the individual is a qualified person with a disability and coordinate the university's response when determining an appropriate accommodation. Every effort will be made to balance the need for employees or representatives of the university to have information in order to fulfill an accommodation request and the disabled individual's interest in maintaining privacy of protected health information.

(2) Student-initiated requests for reasonable accommodation

Students with disabilities who seek reasonable accommodation must register with student accessibility services for assistance with identifying appropriate academic adjustments and resources. Student accessibility services shall be responsible for ensuring application of a fair and consistent process for verifying a disability and providing reasonable accommodation and for maintaining the university's educational records that relate to the disclosed disability. Student accessibility services will interact with students, faculty, and staff to facilitate communication and to coordinate accommodation and services for students with disabilities.

Student accessibility services shall verify that the individual is a qualified person with a disability and coordinate the university's response when determining an appropriate accommodation.

(3) Applicant-initiated requests for reasonable accommodation

Individuals who require reasonable accommodation to access or submit an application for employment should contact the office for equal opportunity and accessibility or university human resources.

Prospective students who require reasonable accommodation to access or submit an application for any academic program, financial aid, housing, or co-curricular program, should contact student accessibility services.

(4) Public-initiated requests for reasonable accommodation

Individuals who require reasonable accommodation to access or participate in any university program should contact the office for equal opportunity and accessibility. Concerns about physical or architectural access may be communicated to the office for equal opportunity and accessibility where it will be redirected to the appropriate university office.

(5) Review of decisions to deny requested accommodation

In the event that a reasonable accommodation cannot be agreed upon, individuals may seek review of a unit's decision to deny implementation of a requested accommodation.

(a) In regards to education: review of decisions to deny requests for accommodation in an educational program or activity may be made to the university ADA/504 coordinator, who will review and attempt to resolve the dispute informally and in consideration of the situation in its entirety. If an informal resolution is not possible, the ADA/504 coordinator shall render a final written decision in regards to the reasonableness of the accommodation under the circumstances.

(b) In regards to employment: review of decisions to deny requests for accommodation in the application process or workplace may be made to the university ADA/504 coordinator, who will attempt to resolve the dispute informally. In the event that an informal resolution is not possible, the ADA/504 coordinator shall render a final written decision in regards to the reasonableness of the accommodation under the circumstances.

(c) Although the preferred accommodation will be provided where reasonable, planning units may provide reasonable alternative accommodation where appropriate.

(d) Students, employees, and planning units may seek review of a final determination of reasonable accommodation by the ADA/504 coordinator to the executive vice president and provost within five business days of being notified of the decision.

Federal disability law requires that any accommodation be evaluated in light of the total resources and function of the university and not simply from a given department's resources or function.

(E) Campus and program accessibility

(1) Physical access

Ohio university facilities is primarily responsible for campus-wide physical access.

(2) Activities and events

Any department or organization that coordinates or sponsors an activity or event open to the university community, campus visitors, or the public:

(a) Shall promote a clear process by which an individual may request accommodation in advance of need.

(b) Shall provide reasonable accommodation for the event; examples include alternate format materials, sign language interpretation, accessible parking, etc.

(c) May work in consultation with the offices of student accessibility services or equal opportunity and accessibility to determine such a process or identify resources to meet accommodation requests.

(F) Discrimination

Individuals who believe that they have been discriminated against in any educational program or activity or employment situation at Ohio university on the basis of having a disability, a record of disability, being regarded as disabled, or having association or affiliation with a person who has a disability, may file a complaint with the office of equity and civil rights compliance pursuant to this policy and policy 40.001.

The version of this rule that includes live links to associated resources is online athttps://www.ohio.edu/policy/03-003.html

Effective: 7/17/2016
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15

3337-3-04 Sexual misconduct.

The version of this rule that includes live links to associated resources is online athttp://www.ohio.edu/policy/03-004.html

(A) Policy

Ohio university prohibits sexual misconduct in any of its employment situations or educational programs and activities.

The Ohio university sexual msconduct policy has been developed to provide a fair process for determining if a violation of this policy occurred, to remediate the effects of conduct that violates this policy, and to provide information to prevent sexual misconduct.

(B) Basis for policy

For purposes of this policy, "Sexual Misconduct" includes sexual harassment and sexual violence prohibited as unlawful discriminatory conduct under Title VII of the Civil Rights Act of 1964 (as amended), Title IX of the Education Amendments of 1972, and section 4112.02. of the Revised Code

(C) Policy Application

The rights, responsibilities, and expectations for conduct contained within this policy apply to all aspects of Ohio university's operations and programs, including regional campuses. It applies to all students, employees, volunteers, and agents of Ohio university. It applies to all visitors or guests on campus to the extent that there is an allegation of harassment made by them against university students or employees. If this policy directly contradicts any other policy or procedures related to protected status discrimination, harassment, or retaliation, this policy takes precedence.

Sexual misconduct can occur between any persons associated with the university, e.g., an employee and a supervisor; coworkers; faculty members; a faculty, staff member, or student and a customer, vendor, or contractor; students; or a student and a faculty member; etc. The requirements of this policy are applicable regardless of sexual orientation of persons engaging in sexual activity.

Any person who believes he or she has been harrned by conduct prohibited by this policy may file a complaint with the office for institutional equity. Third parties may file a complaint on behalf of persons whom they believe has been adversely affected by conduct prohibited by this policy.

Sexual misconduct committed against or by an Ohio university student, employee, or agent is prohibited through this policy, through the public criminal justice system, or, depending on the facts and the individuals involved, through the office of community standards and student responsibility or university human resources (e.g.. under policy 41.135 ). An initial choice to use one of these avenues does not preclude a later or simultaneous decision to use one or more of the others.

(D) Definition of consent

Consent must be informed, knowing and voluntary. Consent must be clear and unambiguous for each participant throughout any sexual encounter. Consent to some sexual acts does not imply consent to others, nor does past consent to a given act imply ongoing or future consent. Consent can be revoked at any time. For all of these reasons, sexual partners must evaluate consent in an ongoing fashion and should communicate clearly with each other throughout any sexual encounter.

Consent cannot be obtained from someone who is asleep or otherwise mentally or physically incapacitated, whether due to alcohol, drugs, or some other condition. Consent cannot be obtained by threat, coercion, or force. Agreement given under such conditions does not constitute consent. In order to give effective consent, one must be of legal age.

(E) Definitions of sexual misconduct offenses

Sexual harassment includes sexual advances, requests for sexual favors, and other physical or verbal conduct of a sexual nature that is unwelcome and is sufficiently severe or pervasive from both a subjective (the complainant's) and an objective (reasonable person's) viewpoint. Sexual harassment occurs under either of two circumstances, as discussed in paragraph (E)(1) and (E)(2) of this rule, .

(1) Sexual harassment by quid pro quo

(a) Submission to such conduct is made either explicitly or implicitly a term or condition of a person's employment or academic status: or

(b) Submission to or rejection of such conduct by a person is used as the basis for employment or academic decisions affecting such person.

(2) Sexual harassment by hostile environment

(a) Such conduct has the purpose or effect of unreasonably interfering with a person's work or academic performance or creating an intimidating, hostile, or offensive environment for working, learning, or living on campus.

(b) The determination of whether an environment is "hostile" is often contextual and must be based on the circumstances. These circumstances could include:

(i) The frequency of the conduct;

(ii) The nature and severity of the conduct;

(iii) Relationship between alleged harasser and subject of the alleged harassment;

(iv) Location and context in which the alleged conduct occurs;

(v) Whether the conduct was physically threatening;

(vi) Whether the conduct was humiliating;

(vii) Or whether the conduct arose in the context of other discriminatory conduct

(c) A hostile environment could be created by repeated, unwanted, sexually oriented stares (maintaining eye contact is, of course, acceptable).

(3) Non-consensual sexual intercourse

Non-consensual sexual intercourse is:

(a) Vaginal or anal penetration by any body part or foreign object;

(b) Oral copulation (mouth to genital contact or genital to mouth contact);

(c) However slight;

(d) By a man or woman upon a man or a woman;

(e) Without consent.

(4) Non-consensual sexual contact

Non-consensual Sexual Contact is:

(a) Intentional contact with the breasts, buttock, groin, or genitals;

(b) Touching another with any of these body parts, or making another touch you or themselves with or on any of these body parts;

(c) Any intentional bodily contact in a sexual manner, though not involving contact with, of, or by breasts, buttocks, groin, genitals, mouth, or other orifice;

(d) By a man or a woman upon a man or a woman;

(e) Without consent.

(5) Sexual/exploitation

Sexual exploitation occurs when a person takes nonconsensual or abusive sexual advantage of another for his or her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute one of the other sexual misconduct offenses. Examples of sexual exploitation include:

(a) Prostituting another person;

(b) Nonconsensual video- or audiorecording of sexual activity;

(c) Going beyond the boundaries of consent (such as permitting others to observe you having consensual sex with someone who is not aware of the observation);

(d) Voyeurism;

(e) Public indecency (such as exposing your genitals to others without consent);

(f) Knowingly exposing another person to a sexually transmitted infection ("STI") or human immunodeficiency virus ("HIV") without prior knowledge and consent of the person to be exposed to STI or HIV;

(g) Contact-free coercion (e.g., by threat of violence) causing a person to completely or partially disrobe.

(6) Retaliatory harassment

Retaliatory harassment is an adverse action or threat of an adverse action taken in response to an person who makes a protected disclosure under this policy by:

(a) Reporting suspected sexual misconduct to a supervisor or appropriate university official;

(b) Filing a complaint or lawsuit under federal or state law or university policy that prohibits sexual misconduct; or

(c) Participating in an investigation or proceeding under this policy.

(F) Consensual relationships

Ohio university does not intrude upon private choices regarding personal relationships when these relationships do not violate the policies of the university, cause harm to the safety and wellbeing of members of campus community, or increase the risk of harm to the safety and wellbeing of members of campus community. Consensual romantic or sexual relationships in which one party retains a direct supervisory or evaluative role over the other party are unethical, create a risk for real or perceived coercion, and are expressly a violation of this policy. Furthermore, the possibility of a future amorous relationship may distort the present instructional or advisory relationship. Therefore, persons with direct supervisory, evaluative, grading, or academic advising responsibilities who are involved in such relationships must bring those relationships to the attention of their supervisor, and will likely result in the necessity to remove the employee from the supervisory, evaluative, grading, or academic advising responsibilities.

(G) Reporting guidelines

(1) Duty to report

Employees with a duty to report violations of this policy include faculty, administrators, coaches, and staff. Graduate assistants and 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 the campus community or if they have supervisory, evaluative, grading, or advisory responsibility over other members of the campus community. Immediately upon learning of potential campus sexual misconduct, any employee with a duty to report violations of this policy who receives a complaint of sexual misconduct or who observes or learns of conduct that is reasonably believed to be in violation of this policy, is required to report the alleged conduct to the office for institutional equity.

In addition to the duty to report sexual misconduct to the office for institutional equity as identified in this rule , in some circumstances there is a duty to report allegations of criminal conduct to law enforcement. Ohio law ( section 2921.22 of the Revised Code) requires every 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 university property, call the Ohio university police department at 740-593-1911 (in an emergency, please dial 911 immediately). Incidents that occur off campus or at a regional campus should be reported to local law enforcement.

(2) Filing a formal report of violation of this policy

The office for institutional equity serves as the recipient for any formal complaint or report of sexual misconduct. Other offices may handle certain aspects of the university response, such as university human resources, dean of students office, office of community standards and student responsibility, etc. The office for institutional equity is responsible for investigating complaints of sexual misconduct under this policy, monitoring the response of other campus offices that may respond to complaints of sexual misconduct under this policy and for responding to complaints of retaliation for filing a complaint on the basis of this policy 03.004.

Walk-in or mail:

Office for Institutional equity

Executive director - Title IX coordinator

Ohio university

101 Harry B. Crewson house

Athens, Ohio 45701

Phone: 740-593-9132

FAX: 740-597-9059

E-mail:equity@ohio.edu

(3) Self-reporting of sexual offense

Persons who are victims or survivors of sexual offenses are encouraged to contact university police. Reporting an assault to university police may not require criminal prosecution; however, it does allow the university to assist and support the victim or survivor.

Within the university, sexual offenses should be reported to:

Ohio university police department

Main campus: 740 593-1911

(4) Confidential assistance for victims or complainants

Ohio university offers some confidential resources for persons who have been affected by sexual misconduct. In most circumstances, these confidential resources do not have a duty to report violations of this policy to institutional equity or law enforcement. There should be no expectation that a report to these resources puts Ohio university on notice of a violation of this policy.

The office of institutional equity shall maintain information online listing, discussing, and linking to on-campus confidential resources, as linked from the references paragraph in this rule.

(5) Privacy

Information received in connection with the filing, investigation, and resolution of allegations will be treated as confidential except to the extent it is necessary to disclose information in the course of the investigation, for the purposes of addressing conduct or practices that violate the policy, or when required to do so by law. All persons involved in the process should observe the same standard of discretion and respect for the privacy of persons involved in the process.

If the complaint contains sufficiently detailed information about conduct that may constitute a crime, then the matter will be reported to the Ohio university police department.

(6) Cooperation with investigation

A person with a duty to report will actively provide information in the time and manner deemed necessary and appropriate by the university to conduct the investigation. Failure to cooperate with the investigation process in a timely manner may compromise the university's ability to conduct an investigation and address allegations fully.

If the complaint contains sufficiently detailed information about conduct that would constitute a violation of this policy, the office for institutional equity will exercise due diligence to address the concerns identified with the affected planning unit to the extent possible with available information.

(7) Anonymous complaints

Anonymous complaints will be accepted; however, Ohio university's ability to obtain additional information may be compromised and the ability to investigate or resolve anonymous complaints may be limited.

(8) Sanctions

A person or group of persons found to have violated this policy will be subject to disciplinary action by the responsible planning unit or office. Discipline may include sanctions up to and including, termination of employment or expulsion from the university. In consultation with the office for institutional equity, responsible planning units will ensure corrective measures intended to end the prohibited conduct and prevent further violation of the policy.

(9) Filing a false complaint

Intentionally making a false complaint or report of sexual misconduct is prohibited, is a violation of this policy, constitutes misconduct subject to disciplinary action, and is also a crime. The office for institutional equity will refer evidence of intentional false complaints or reports to the office of legal affairs.

(10) Consideration of classroom and instructional settings

The classroom or other instructional setting (e.g., studio, laboratory, office hours) presents special issues because academic freedom protects the expression of ideas, even where the idea or its expression is perceived to be mature, controversial, explicit, graphic, or offensive. Nevertheless, conduct that would otherwise constitute violation of this policy will not be exempt merely because it occurs in an instructional setting. Rather, the investigation will consider the legitimate pedagogical context, and will take into account discipline-specific guidelines for professional practice as defined by the appropriate educational unit.

Accordingly, if the conduct that was the basis for the complaint occurred in an instructional context, broad deference is given to the presentation or discussion in an instructional setting of sexual topics that are mature, controversial, graphic, or explicit shall not be considered sexual harassment even if some persons find these topics subjectively offensive, when there is legitimate pedagogical basis for the presentation.

The version of this rule that includes live links to associated resources is online athttp://www.ohio.edu/policy/03-004.html

Effective: 3/16/2015
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15

3337-3-05 Academic activity policies.

(A) General

(1) Scope. The obligations of the teacher are self-evident. These obligations will be honored at Ohio university. Whenever questions arise about the relationship between faculty and student, those concerned should consult with the appropriate chairman or dean. Specific questions about administrative matters should also be addressed to chairmen or deans.

(2) Faculty absences. The teacher is expected to meet all classes for which he is scheduled. Members of the faculty who must be absent from teaching responsibilities shall have the approval of the chairman of the department and the dean of the college. If an absence can be anticipated, approval shall be obtained in advance and where possible, arrangements made for a substitute.

(3) Change of instructor, time, or place of meeting. Change of instructor, time, or place of meeting for a class as scheduled may be made only with the approval of the department chairman, the dean of the college, and the scheduling office. The dean shall report in writing all approved changes to the registration and scheduling offices.

(4) Information given class at first meeting.

(a) The call number, the descriptive title, and the department and catalog number of the course.

(b) Prerequisites to the course, if any.

(c) The name of the instructor offering the course.

(d) The penalty for dishonesty.

(e) An explanation of policy relative to absences.

(f) The basis for grading in the course.

(5) Class attendance policy.

(a) Because class attendance is an academic each instructor is responsible for his attendance policy. He will convey this policy to his students during the first week of classes each term. A written statement of his attendance policy will be transmitted to the chairman of his department. (It is noted that all classes will meet for their' full period on days immediately before and after vacation.)

(b) A student, whose name appears on a class list for a given quarter, but who has not attended the first two classes and who has not notified the instructor, may be dropped from the class roll.

(6) Class lists and record books. Faculty members shall make up their class rolls solely from the class lists issued from the registration office. Names of students who have withdrawn from class should* upon receipt of official notice of withdrawal, be crossed off the class roll. A grade of "WF" or "WP" should be submitted in accordance with instructions accompanying the notice of withdrawal.

(7) Office hours for student conferences. Members of the faculty are expected to maintain an adequate number of office hours in accordance with a posted schedule and by appointment.

(8) Texts. Textbook orders should go to the department chairmen for processing and forwarding to the bookstore services coordinator who delivers them to the bookstores. Individual faculty members are not permitted to sell textbooks or other classroom material directly to students. Duplicated materials prepared by the faculty for Sale to students are sold to students by "Logan's Book Store" and the "College Book Store" according to the agreement between the university and these stores.

(B) Final examinations and change of grade.,

(1) Final examinations.

(a) The schedule of final examinations is prepared by the scheduling office and each faculty member receives a copy through the campus mail. Deviations from this schedule can be made only with prior approval of the dean of the college and must be cleared with the scheduling office.

(b) The formal final examination, written in class, will be given in courses numbered three hundred or above at the discretion of the instructor. In its place, however, he may substitute some other method for bringing the course into focus and for evaluating the students. In either case, the instructor will continue to meet his class at the time the final examination is scheduled either to give the test or to receive the work which takes its place.

(c) If an instructor feels that the course objectives can be better met by some method other than the final examination, he will announce this plan to the class at the beginning of the quarter, and, along with his statement of attendance policy, inform the department chairman in writing of his intentions.

(d) Final examinations may not be given, nor final projects in lieu of an examination be required, at any time prior to the regular examination period. Students are entitled to this period for examination and/or project purposes, and should be so informed. If a student is made to take an examination or submit a final project prior to the stated final examination period, he should appeal to the dean of his college.

(e) In their last quarter on campus, graduating seniors may be excused from taking a final examination at the discretion of their professor. This will apply to classes below as well as above the three hundred level.

(2) Correction of grade. A grade reported to the office of records becomes official as soon as it is reported. A grade may be changed only when it can be clearly shown that an error has been made in making out or in reporting the grade. Satisfactory evidence of error in computation, copying, or recording must be presented to the director of records with the request to correct a grade.

(3) Appeals. The instructor assigned to a class has full responsibility for grading. A student may appeal through the chairman of the department to the dean of the college for redress of grievance, provided has conferred with his instructor on the subject. The appeal can then be taken to the student grievance board for its consideration and recommendation, if the student requests or the dean recommends such action. The board acts in an advisory capacity and the instructor should give careful consideration to any recommendation the board sees fit to make but the final determination of a grade or a grade change rests with the instructor. In unusual circumstances e.g., death, incapacity, or indefinite inaccessibility of the instructor-the department chairman is responsible for the final grade, subject to appeal by the student to the dean and the student grievance board.

(C) Participation in outside work.

(1) Members of the faculty are free to assist in research or scientific studies conducted by state, regional, and national educational and professional organizations, and in outside work of a professional nature. When such participation necessitates a reduction of teaching load and/or administrative responsibility, or when the expenditure of university funds is involved, it is necessary to secure official approval from the appropriate dean.

(2) All outside work of a professional nature by members of the faculty, not a part of the official duties, shall be reported to the dean of faculties and the president by the dean concerned. Members of the faculty shall, as soon as an agreement has been made or work has started, submit to their department head, dean, and the dean of faculties, reports on the nature and extent of outside work. If the outside employer requires the faculty member to sign a patent agreement, such agreement must have prior approval and must be worked out in accordance with the university policy on patents.

(3) In no case shall outside employment interfere with specified regular university duties and the effective service of the faculty member.

(4) In the event that a question arises about the conflict of outside work with effective service to the university, consultation with the faculty member shall be held by his department chairman and the academic dean. Decision by the dean, subject to review by the dean of facilities and by the president, shall be final on this point.

(5) If a faculty or staff member serving as a consultant to an outside agency or company requires the use of university facilities and/or equipment for purposes of consultantship, such usage shall be only on an occasional and brief basis, and only with permission of the department chairman or campus director. Such permission shall include agreement upon any appropriate provisions for liability and/or fees. Should more extensive or frequent usage be needed, the development of a grant or contract between the agency/company and the university would be appropriate.

(6) A student engaged in a project related to or part of a consultant's work should be paid by the consultant or the agency/company at a rate appropriate to the task and equivalent to the rate normally paid students for university-sponsored work.

(D) Course auditing privileges. Any member of the faculty may audit courses without fee, provided he has the approval of the dean of his college and the instructors of the courses.

(E) Faculty and administrator registration for graduate degrees.

(1) The dean of the graduate college and the graduate council will screen all applications for admission to graduate degree programs from faculty and administrators of Ohio university. In general, full-time faculty and full-time administrators will not be eligible to receive graduate degrees, although those persons already admitted to graduate degree-granting programs will be allowed to complete their degrees. Interpretations of this policy, and exceptions to it, shall be decided solely by the graduate council.

(2) A full-time faculty member or full-time administrator at Ohio university who (a) has already been admitted to a degree program; (b) is admitted under exceptional circumstances; or is enrolled-in a non-degree status (c) may, with the approval of his academic advisor and his supervisor, carry no more than a half-time load per quarter, as defined by the department, with the concurrence of the graduate college. Course loads taken during breaks in regular employment (such as summers for nine-month faculty) will be limited only by graduate college regulations.

(F) Travel and entertainment expense. It is the policy of Ohio university to reimburse its personnel for reasonable and necessary travel and entertainment expenses incurred in the conduct of official university business. Detailed regulations governing reporting and reimbursement of travel and entertainment expenses are published in the policies and procedures manual.

(G) Ohio university patent policy. Patentable discoveries sometimes result from research performed at Ohio university. It is the desire of the university to be as helpful as possible in protecting the patent rights of the faculty and researchers, students and employees, to the fullest extent compatible with the public interest and the rights of the university. To this end the university has set up a patents committee and has contracted for the patent management services of the "Research Corporation" and of the "Battelle Development Corporation" and has authorized the hiring of patent attorneys to file patent applications. Detailed description of university patent policies can be found in the policies and procedures manual.

(H) Course credit and grading in emergencies.

(1) In the event that an academic quarter is terminated prematurely and rule two is invoked by the board of regents, an entry on each student's record would be made indicating that the quarter has been terminated and that no credit or grades could be given.

(2) In the event that an academic quarter is terminated prematurely and rule two is not invoked by the board of regents, the following policies are in effect:

(a) Students with a record of non-attendance or who are delinquent in their work (missed quizzes, examinations, reports, etc.) at the discretion of their instructor may receive no credit or a failing grade for the term. Instructors shall notify such students of the reasons for receiving no credit or a failing grade.

(b) The amount of credit hours and the mode of completing the course shall be recommended by the instructor and approved by his department or a committee thereof. The specific grade will be assigned by the instructor.

(c) Policies developed in paragraph (H)(2)(b) above shall be placed in writing and a copy filed in the department office and in the office of the college dean, and a copy sent to each student involved. The faculty senate shall recommend a date by which course work should be completed and grades submitted.

(3) In the event that an academic quarter is temporarily interrupted and the full ten weeks of instruction are subsequently completed, normal grading policies will apply.

(I) Guidelines for sponsored research.

(1) Ohio university recognizes its responsibility to serve community (local, state, national, international) interests as it fulfills its basic educational objectives of undergraduate, graduate, and professional teaching, advanced research, and public service. It also recognizes its obligation as a center of higher learning to extend and understand knowledge in order that human life and liberty be preserved and enriched, not degraded or destroyed. The rights to engage in scholarly activity, to pursue individual intellectual inquiry, and to publish and communicate are basic to these objectives and obligations of the university and its scholars. It is in this context that the university appraises its sponsored research programs and encourages and assists its faculty through the research institute.

(2) The policies of the university with respect to sponsored research are based on the following principles:

(a) Any sponsored research that is to be undertaken must be demonstrably supportive of the instructional and research objectives of the departments, centers, and institutes in which the research is to be conducted. Proposals for research will be reviewed, weighing needs and benefits against costs and restrictions, to determine their acceptability.

(b) The university does not accept sponsored research, the restrictions on which prevent disclosure of the sponsor, the existence of the contract, or adequate review of the appropriateness of the program to academic pursuits of the university.

(c) The university, through the office of the director of research, in concert with the principal investigator, his department and college, will seek to minimize restrictions on publication and scholarly communication imposed by those research contracts that are accepted.

(d) The graduate college does not accept theses or dissertations containing material developed as part of a research project if the theses or dissertations are restricted from publication. Publications, for this purpose, includes depositing the manuscript with the graduate college, the department, and cataloging by the dean library, microfilming and distribution by university microfilms.

(e) The university will accept research contracts at the request of the federal government which go beyond the immediate research interests of faculty members and their departments only under the most pressing demands of national interest and welfare.

(f) The university does not accept sponsored programs requiring the university to be involved directly in the development of weapons or weapons systems.

(J) Policy for faculty participation in instructional t.v. production. It is the policy of Ohio university to encourage educational innovation and experimentation in the use of techniques which improve instructional effectiveness and efficiency. Television should be one of the educational tools available to the student and the teacher. Detailed description of this policy can be found in the policy and procedure manual.

Effective: 3/14/2015
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15
Prior Effective Dates: 3/16/1978

3337-3-07 Contractual policies.

(A) New appointments. New appointees to the Ohio university faculty will be given:

(1) A written statement of appointment, specifying salary arrangement. This statement shall be provided by the dean of a college,

(2) A written communication constituting and entitled "A Contract," shall include the conditions of employment and describe any and all exceptions to the conditions specified in section II of this faculty handbook. The contract shall be provided by the appropriate academic dean and shall be signed by the president.

(3) A written statement of the tenure and promotion policy of the department or school to which the faculty member is appointed.

(4) A copy of the faculty handbook.

(5) Descriptive literature, prepared by the personnel office, describing and explaining the university group life insurance plan, major medical expense insurance, and state teachers retirement system of Ohio, the university travel accident insurance plan, the Ohio university employees credit union, the tax deferred annuities program, and the twelve-month pay option.

(6) Upon receipt and return of the formal contract, or as soon as practicable after arrival on the campus following his appointment, the new appointee shall call "at the personnel office to fill out personnel cards and insurance papers and to take care of other pertinent administrative matters.

(B) Special appointments. It is recognized that in some departments and divisions of the university there are positions such as technical assistant and curator which do not necessarily require advanced degrees. Appointees to these positions will not ordinarily receive tenure. In addition to a formal contract, such appointees will be given a written statement describing the character as well as the probable minimum and maximum duration of their work.

(C) Faculty rank and status: privileges and limitations.

(1) Academic rank. A person appointed to a position as an instructor, lecturer, assistant professor, associate professor, or professor shall be recognized as holding academic rank. The position of professor shall include special titles such as distinguished professor and regents professor and appointments to endowed chairs.

(2) Appointment of faculty.

(a) All holders of academic rank shall hold this rank in an academic department ( The term "academic department" includes not only departments but also schools, and regional campus divisions. When action by a department is indicated, it is understood that such action shall be according to the established procedures of each department.) of the university. Academic departments include only those listed in the current Ohio university bulletin, undergraduate catalog, with such additions or deletions as may be recommended by the provost and approved by the president.

(b) Appointment of any faculty member to a particular department should be made by the president upon recommendation initiated by the department concerned and approved by the dean of the college involved and the provost of the university. In cases where an appointment has been recommended by the academic department and the dean of the college, but not approved by higher administrative officers, the reasons for the denial of appointment shall be conveyed in writing to the person concerned, and to the dean of the college and the department chairman.

(3) Classification of faculty.

(a) Each person holding faculty rank shall hold but a single classification (group I, II, or III) and shall be classified with respect to the campus where his teaching duties are principally performed.

(b) All persons holding faculty rank whose primary employment is by an educational institution other than Ohio university shall be classified in group II or III.

(c) All personnel holding faculty rank shall be classified according to the following groups.

(d) Group I.

(i) Group I consists of persons on full-time or part-time appointments specifically designated as group I faculty who, except when on unpaid leave granted at their request are employed in at least three quarters of a fiscal year, and who are so employed from the date of receiving an appointment in the group I category until that appointment terminates. A person may not change to group II or III categories once the initial appointment in group I is made.

(ii) Persons holding part-time appointments must have qualifications equal to those currently used by departments or regional campuses as criteria for full-time appointments.

(iii) Depending on their qualifications and experience persons holding part-time appointments in group I may be appointed as part-time professors, part-time associate professors, part-time assistant professors, part-time instructors and part-time lecturers. All appointments to group I will be reviewed according to the usual procedure by the dean and vice-provost.

(e) All faculty in group I shall be employed, in terms of their work assignments, according to the following guidelines:

(i) Faculty members may be employed on the basis of full-time or part-time appointments.

(ii) Faculty members of a given department or regional campus may negotiate a shift from a full-time to a part-time appointment, or from part-time to a full-time appointment.

(iii) A faculty member on a part-time appointment desiring, temporarily, to shift to a full-time appointment may seek a colleague holding such an appointment who wishes, temporarily, to shift to a part-time employment and, with the department's or the regional campus' approval, such an exchange of appointments may be arranged.

(iv) The intention of a faculty member to seek change in the character of his appointment (full-time to part-time, or part-time to full-time) shall be discussed with his chairman or regional campus director one year in advance.

(v) No person holding a regular full-time appointment shall be shifted to a part-time appointment without his written consent.

(vi) A person who is awarded tenure as a full-time faculty member does not lose tenure by accepting a part-time appointment. He or she reverts to full-time status when the agreed upon term of part-time service is completed.

(f) All faculty in group I and holding part-time appointments shall be subject to the following conditions of appointment and to the rights and benefits associated with such appointments:

(i) Salaries shall be negotiated at the departmental or regional campus level, the end product of negotiation to be a proportionate part, depending on work assignment, or the salary a similarly qualified full-time person would receive in the given department or on the given campus.

(ii) Tenure and promotion are both to be granted according to general university regulations and departmental or regional campus criteria currently operative as regards persons holding full-time appointment.

(g) Part-time faculty in group I shall enjoy all other rights and benefits accorded faculty members holding, full-time appointments.

(h) Group II. Group II consists of experienced persons holding part-time appointments who are primarily considered instructional personnel and who have such qualifications as enable them to teach satisfactorily the classes assigned them. Persons who have taught at Ohio university for six quarters in two consecutive years on part-time appointments shall automatically be placed in this classification unless included in group I. Other persons not included in group I and holding part-time teaching appointments may be placed in group II at the recommendation of their departments or regional campuses. Faculty members in group II are expected to perform those faculty activities agreed to in negotiations with their departments or regional campuses and shall enjoy the following rights and benefits:

(i) Salaries and teaching assignments are to be negotiated at the departmental or regional campus level, the end product of negotiation to be a proportionate part, depending on work assignment, of the salary a similarly qualified full-time person would receive in the given department or on the given regional campus. (One base for negotiations will be an annual schedule of minimum per-course rates of compensation and guidelines provided by the provost. Salary increments shall be negotiated in accordance with university policies.)

(ii) Group II employees are entitled to nine-month contracts in all instances where a department's or regional campus' experience, or other factors, indicates that a faculty member will be employed for the whole of the ensuing nine-month academic year. Such contracts shall be considered the norm for persons in group II, and quarterly contracts (or contracts for two quarters) may be tendered only when a shift in enrollment patterns, or other factors, indicates that the services of a given faculty member will not be required for the whole of the ensuing academic year or, alternatively, when a faculty member requests in writing that his contract for the ensuing year be limited to one or two quarters.

(iii) All contracts issued to persons in group II are term contracts, renewable solely at the university's pleasure, but not subject to the two-year limitation on full-time, term contracts. Accordingly, those accepting such contracts' shall be considered to have received due notice that the university has no obligation to furnish them with employment beyond the expiration date of their contracts.

(iv) Part-time faculty in group II who are on nine-month contract shall be eligible for retirement according to the STRS system, group life insurance, major medical insurance, travel accident insurance, membership in the Ohio university employee credit union, tax deferred annuities, twelve month pay option, and parking places.

(i) Group III.

(i) Group III consists of persons holding part-time appointments who are primarily considered instructional personnel and who have such qualifications as enable them to teach satisfactorily the courses assigned them. Persons in group III differ from those in group II in that, because of the more recent date of their initial employment or the irregularity of their employment, their departments or regional campuses have had less opportunity to assess their work. Faculty members in group III are expected to perform those faculty activities agreed to in negotiations with their departments or regional campuses and shall enjoy the following rights and benefits.

(ii) Salaries are to be negotiated at the departmental or regional campus level, with salary increments to be granted in accordance with university policies. (One base for negotiations will be an annual schedule of minimum per-course rates of compensation and guidelines provided by the provost.)

(iii) Quarterly contracts shall be issued as early as possible and normally no later than when preregistration enrollments become available. Emergency appointments at the last minute are to be minimized.

(iv) All contracts issued to persons in group III are term contracts, renewable solely at the university's pleasure, but not subject to the two-year limitation on full-time term contracts. Accordingly, those accepting such contracts shall be considered to have received due notice that the university has no obligation to furnish them with employment beyond the expiration date of their contracts.

(j) Faculty status.

(i) All persons holding faculty appointments, both full-time and part-time, in group I shall enjoy faculty rank and status. ( The phrase "part-time faculty" as used in this document does not include in its reference undergraduate or graduate student assistants, teaching assistants, research assistants, teaching or research fellows or associates, or post-doctoral fellows.)

(ii) A person who has faculty status is recognized as being primarily an officer of instruction rather than an officer of administration.

(iii) A person who has faculty status is eligible for tenure, promotion in academic rank, professional leave, and membership in the faculty senate, and may vote in the faculty senate elections.

(iv) Faculty status is reserved for a person who has demonstrated scholarly or professional competence in a recognized academic discipline and who is engaged in teaching or research pertaining thereto, or both. Further, such status is reserved for a person whose service is primarily to the academic department to which he is appointed.

(v) A coordinator of an interdisciplinary academic program who functions at the administrative level of a department chairman and who is considered by the department in which he holds his rank as basically an officer of instruction will have' faculty status.

(vi) A person who is not a member of the Ohio university faculty who is appointed to an administrative position may be given academic rank by the president upon the concurrence of the appropriate academic department and dean, and the vice president and dean of faculties of the university. Such a person shall not have faculty status while he holds a position which is primarily administrative in nature.

(vii) An Ohio university faculty member who accepts an administrative position at Ohio university will keep his rank, and if he has tenure he will keep his tenure. Persons whose responsibilities are defined as more than fifty per cent administrative within the university and who teach part-time will fall in group II or III, unless they have attained group I status through faculty service prior to their assumption of administrative duties. An administrative officer of the university who is thus in. group I retains faculty rank but not faculty status.

(viii) Faculty members with visiting or other term appointments because of the limited duration of their appointments, are not eligible for tenure, professional leave, membership in the faculty senate, or for voting in the elections of representatives, to the faculty senate.

(ix) Each department, school, college, or regional campus shall define in writing the extent and manner of part-time faculty participation in internal decision-making processes, as well as the assignment of non-instructional duties.

(k) Promotion. All advancement in academic rank shall be made by the president upon the recommendation of the department, the dean involved, and the dean of faculties, and this recommendation shall be made upon the basis of performance associated with duties if the department in which rank is held.

(l) Faculty tenure.

(i) Eligibility for tenure shall be determined by the department concerned and is reserved for those who are engaged in academic activities, including teaching, research, or administrative duties within a department. No academic department in the university shall maintain any full-time teaching rank that is not tenurable.

(ii) Tenure shall be granted by the president upon recommendation of the department, the dean involved, and the provost of the university.

(iii) Under exceptional circumstances tenure may be granted by the president to a person who is newly appointed to an administrative position at Ohio university who has not been previously a member of the Ohio university faculty. Such a grant of tenure must have been approved by the department concerned, the dean concerned, and the provost of the university.

(m) Appointment and tenure for members of the same family.

(i) Ohio university is not opposed to the employment of more than one member of the same immediate family. "Family" here is to be understood to include husband-wife, parent-child, and sibling relationships, even if the persons involved do not live in the same household.

(ii) Each appointment is made on its own merits, whether both members are in the same department or not. Promotions and raises should not be prejudiced, favorably or unfavorably, by the faculty status of the other member of the family or by his or her activities, rank or position. Tenure is to be awarded to each person under exactly the conditions which apply to other faculty members.

(iii) A faculty member shall neither initiate nor participate in departmental decisions concerning another member of his or her family with regard to initial appointment, retention, salary, tenure, and promotion.

(iv) Only under the most unusual circumstances should a person exercise significant supervision with respect to another member of his or her family. Thus, for example, he or she should not schedule classes or other work assignments, not participate in decisions regarding leave of absence for the other person. He or she, further, should not be involved in grievance or hearing procedures at any level regarding the other family member.

(n) Adjudication and amendment. The faculty senate authorizes its standing committee on professional relations to act as a consultative agency for the adjudication of the rules and definitions pertaining to faculty rank and faculty status in such cases which, from time to time, are in need of judgment. The standing committee on professional relations will recommend refinements and amendments to these regulations as may be necessary to cover emerging situations.

(D) Appointments, tenure, and renewal of contracts.

(1) Terms of appointments.

(a) The terms and conditions of every appointment to the faculty shall be stated in writing, and a copy of the appointment document shall be supplied to the faculty member Any subsequent extensions or modifications of an appointment, and any special understandings, or any notices incumbent on either party to provide, shall be stated in writing with a copy given to the faculty member.

(b) With the exception to term appointments clearly limited to a brief association with Ohio university, and reappointments of retired faculty members on special conditions, all appointments to the ranks in which tenure may be attained (see below, section (2)) are of two kinds:

(i) Probationary appointments;

(ii) Appointments with continuous tenure.

(c) Except for faculty members who have tenure status or who are not eligible for tenure or promotion, every person with a teaching or research appointment of any kind shall be informed each year in writing of the department's evaluation of his performance and progress toward tenure.

(d) A new person may be employed by Ohio university under a term contract. The term contract is a faculty appointment for a specified period which explicitly excludes eligibility for tenure. Such appointments may be made for a total of no longer than two years, consecutive or otherwise. The regulations regarding term contracts do not apply to part-time faculty nor to ROTC instructors.

(e) Faculty members may be hired on a "visiting" or "adjunct" basis.

(i) A "visiting" title is normally reserved for a person employed at some other institution but currently employed at Ohio university on a term contract.

(ii) The "adjunct" title is reserved for a person serving Ohio university with no salary or formal contract. An adjunct faculty person is not subject to the regulations concerning term appointments.

(2) Probationary appointments.

(a) Probationary appointments may be made for one year, or for any other stated periods, subject to renewal. The total period of service prior to the acquisition of continuous tenure shall not exceed the limits defined below. A period on leave of absence normally will not count as part of the probationary period (see below, paragraph (H) "leaves of absence.''').

(b) Tenure may be "attained in the ranks of professor, associate professor, assistant professor, instructor, lecturer, and their part-time counterparts.

(c) For full-time faculty members without previous full-time teaching service in other institutions of higher learning, the maximum length of the probationary period prior to the acquisition of continuous tenure shall be determined by the rank of the initial appointment in accord with the following schedule:

(i) Professor - three years

(ii) Associate professor - three years

(iii) Assistant professor - five years

(iv) Instructor - seven years

(v) Lecturer - seven years.

(d) For full-time faculty members with previous full-time teaching service at the rank of instructor or higher, the total probationary period normally shall not exceed seven years including such full-time service to all institutions of higher learning. However, Ohio university may stipulate probationary service at this institution of as many as four years for such faculty members even if the total full-time service to the profession thereby exceeds seven years. The terms of any such extension of the probationary period shall be conveyed to the faculty member in writing at the time of the initial appointment. Failure to effect such a written agreement places the appointment under the schedule given above with all previous full-time service included in the probationary period.

(e) The probationary period for persons eligible for tenure in part-time positions shall begin with the quarter in which they are first employed on the basis of a contract explicitly designating them as faculty members in group I category.

(i) The maximum probationary period for part-time faculty will be determined by the rank of initial appointment as a group I part-time faculty member according to the following schedule:

(a) Professor - four years

(b) Associate professor - four years

(c) Assistant professor - six years

(d) Instructor - eight years

(e) Lecturer - eight years.

(ii) Tenure for a part-time faculty member entitles the holder to claim part-time employment as a tenured right. At tenurization a proportion of the normal work-load within the department will be set as the minimum employment which that specific part-time faculty person may expect. If a part-time faculty member in group is denied tenure, he or she may not continue to be employed as a group II or group III person.

(iii) When a tenured part-time faculty member shifts to a temporary full-time appointment his tenure status is still that of a part-time faculty member.

(iv) When a tenured part-time faculty member shifts to a permanent full-time appointment he automatically becomes a tenured full-time faculty member.

(v) For all group I part-time faculty, the time periods for eligibility begin on September 1, 1974, for those employed on or before that date, and on the date of initial contract for those initially employed after that date.

(f) Written notice shall be given at least one year prior to the expiration of the probationary period if the faculty member is not to be continued in service after the expiration of that period. In effect, this means that the tenure decision must be made prior to or during the penultimate year of the probationary period.

(3) Renewal of contracts for probationary appointments. Regardless of the stated term or other provisions of any appointments, written notice that a probationary appointment is not to be renewed shall be given to the faculty member in advance of the expiration of his appointment, as follows:

(a) Not later than March first of the academic year, of service, if the appointment expires at the end of that year; or, if a one-year appointment terminates during an academic year, at least three months in advance of its termination;

(b) not later than December fifteenth of the second academic year of service, if the appointment expires at the end of that year; or, if an initial two-year appointment terminates during an academic year, at least six months in advance of its termination;

(c) at least twelve months before the expiration of an appointment after two or more years of service at Ohio university. The notice of nonreappointment shall include an explanation of the basis for nonreappointment unless this has been provided in writing prior to the official notification. The basis for nonreappointment must not violate the faculty member's academic freedom.

(4) Termination of appointments by the university.

(a) Termination of a tenured appointment or of a probationary appointment before the end of the contract period, or of a term appointment before the expiration of the specified term, may be effected by the university only for adequate cause.

(b) If the termination takes the form of a dismissal of a tenured faculty member, the procedure described below under "Loss of tenure" shall be followed.

(c) If the termination is based on discontinuance of a program or department of instruction, the regulations described under "Loss of tenure" will not apply, but evidence for such a basis for termination must be provided. Before terminating an appointment because of the discontinuance of a program or department of instruction, the administration of the university shall make every effort to place the faculty member concerned in other ". suitable positions. In the event that an appointment is terminated because of discontinuance of a program, or department of instruction, the released faculty member's place will not be filled by a replacement within a period of two years unless the released faculty member has been offered reappointment and the opportunity to accept or decline it. In all cases of termination of appointment occasioned by discontinuance of a program or department of instruction the faculty member concerned will be given twelve months' terminal notice or severance salary for twelve months.

(5) Loss of tenure.

(a) If the capability or qualifications of a faculty member on tenure to continue with his usual responsibilities should be seriously questioned, his department chairman will discuss the matter with him in a personal conference. The matter may be settled by mutual consent at this point. If an agreement cannot be reached, the following procedure shall be observed: the chairman will, consult with the members of his department, and prepare a recommendation to be forwarded in writing to the dean of his college. The dean normally will then consult jointly with the faculty member and chairman: if the dean decides to recommend suspension from duty or dismissal, he will submit his recommendation in writing' to the provost, who will undertake to investigate and arbitrate the difficulty. If a settlement cannot be arrived at in this manner, the president shall be so informed, and may at his discretion initiate dismissal proceedings. If the faculty member in question should be the chairman of his department, discussion of the type described above shall be initiated by the dean of his college, the procedure otherwise remaining essentially as set forth above.

(b) Formal dismissal proceedings shall be commenced by a written statement-from the president to the faculty member concerning the grounds for dismissal, specified with reasonable particularity. The faculty member shall be further informed that if he so requests, a hearing to determine whether he should be removed from his faculty position on the grounds stated will, be conducted by a faculty committee (see below) at a specified time and place. In setting the date of the hearing, the faculty member will be allowed sixty days in which to prepare his defense. The chairman of the faculty committee, who is usually the chairman of the faculty senate, will inform the faculty member of the procedural rights accorded him. The faculty member shall state in reply whether he wishes a hearing not less than one week before the date set for the hearing.

(c) The formal hearing committee shall consist of all members of the faculty senate in the third year of their current faculty senate term, presided over by the chairman of the faculty senate. The committee shall proceed by considering in closed session the statement of grounds for dismissal already formulated, and the faculty member's response. If the faculty member has requested a hearing, the committee shall consider the case on the basis of the statements of persons possessing relevant information and other data concerning the matters set forth in the president's letter. The president, or his representative, should have the option of attending the hearing, but the committee should determine the order of events, should conduct the questioning of persons making statements, and, if necessary, should secure the presentation of important information. During the proceedings the faculty member will be permitted to have an academic advisor and, in addition, legal counsel of his own choice. The faculty member should have the aid of the committee, when needed, in securing the attendance of persons who possess relevant information. The faculty member, or his represenative, and the president, or his represenative,if have the right to confront and question all persons who make statements before the committee. The full proceedings shall be accurately transcribed, and copies of the transcription shall be sent to the faculty member, the president, and the committee.

(d) The committee should make explicit findings with respect to each of the grounds of removal as presented. The president should transmit to the trustees the full transcription of the hearing and the committee's decision. If the trustees choose to review the case, the faculty member and an advisor must be invited to appear before them. The decision of the hearing committee should either be sustained or returned to the committee with objections specified. In the latter event, the committee should reconsider, taking account of the stated objections and receiving further information if necessary. It should frame its decision and communicate it in the same manner as before. Only after study of the committee's reconsideration should the trustees make a final decision overruling the committee.

(e) Suspension of the faculty member during the proceedings involving him is justified only if immediate harm to himself or others is threatened by his continuance. If suspension is followed by dismissal proceedings the requirements for initiating and continuing such proceedings, as described herein, shall be observed, regardless of the length of the suspension. During a period of suspension, the terms of contract between a faculty member and the university remain in force pending final disposition of the matter by the board of trustees, as herein provided.

(f) Except for such simple announcements as may be required, covering the time of the hearing and similar matters, public statements about the case by the faculty member, the administration, or the committee should be avoided so far as possible until the proceedings have been completed. Announcement of the final decision to the interested parties and to others should be made through the president's office and should include a statement of the hearing committee's findings.

(g) If the appointment of a tenured faculty member is terminated, the faculty member will receive his salary or a terminal contract for at least one year. This provision for terminal notice- or salary need not apply in the event that there has been a finding that the conduct which justified dismissal involved moral turpitude. On the recommendation of the faculty hearing committee or the president, the trustees, in determining what, if any, payments will be made beyond the effective date of dismissal, may take into account the length and quality of service of the faculty member

(6) Nonreappointment grievance procedure.

(a) If a probationary faculty member feels he has cause for grievance relative to his nonreappointment and/or denial of tenure followed by a terminal contract, he is to seek recourse through his department chairman, the dean of his college, and the executive vice president and dean of faculties. His grievance can involve one or more of the following allegations: inadequate consideration, denial of due process, or denial of academic freedom. During the process of seeking resolutions of the grievance, the faculty member may at any time petition the departmental advisory committee making the original decision of nonreappointment for review of any new evidence he can provide which supports his allegation of grievance.

(b) If after departmental and administrative review ^the faculty member continues to have any of the above grounds for grievance, he may petition the standing committee on promotion and tenure of the faculty senate for consideration of his grievance. Such a request must be made to the chairman of the faculty senate prior to the date of termination of the faculty member's contract or within thirty days after the completion of his reviews if these proceedings continue beyond his contract's termination date.

(c) Insofar as the petition for review alleges denial of due process the functions of the committee shall be as follows:

(i) To determine whether a denial of due process in fact occurred.

(ii) In the event it finds a denial of due process suggest a course of action which will equitably, resolve the situation.

(iii) To provide copies of these findings and recommendations to the chairman of the faculty senate, the faculty member, the department concerned, the academic dean, and the provost.

(iv) If the matter remains unresolved after all procedures described have been followed the function of the committee shall be to decide whether or not the evidence submitted in support of the petition warrents a recommendation that a formal proceeding be conducted in accordance with paragraph (D)(6)(g) below, with the burden of proof resting upon the grievant.

(d) Insofar as the petition for review alleges inadequate consideration the function of the committee shall be the following:

(i) To determine whether the decision of the appropriate party was a result of adequate consideration in terms of relevant standards of the institution, with the understanding that the review committee is not to substitute its judgement on the merits for that of the faculty body on the question of whether the faculty member meets these standards.

(ii) To request consideration by the appropriate party when the committee believes that adequate consideration was not given to the faculty member's qualifications. (In such instances, the committee should indicate the respects in which it believes the consideration may have been inadequate.)

(iii) To provide copies of its findings and recommendations to the chairman of the faculty senate, the faculty member, the department involved, the academic dean, and the provost.

(iv) If the matter remains unresolved after all procedures described have been followed the function-of the committee shall be to decide whether or not the evidence submitted in support of the petition warrants a recommendation that a formal proceeding be conducted in accordance with paragraph (D)(6)(g) below, with the burden of proof resting upon the grievant.

(e) Insofar as the petition for review alleges denial of academic freedom, the functions of the committee shall be the following:

(i) To determine whether or not the notice of nonreappointment constitutes on its face a violation of academic freedom.

(ii) To seek to settle the matter by informal methods.

(iii) If the matter remains unresolved, to decide whether or not the evidence submitted in support of the petition warrants a recommendation that a formal proceeding be conducted in accordance with paragraph (D)(6)(g) below, with the burden of proof resting upon the grievant.

(iv) To provide copies of its findings and recommendations to the chairman of the faculty senate, the faculty member, the department involved, the academic dean, the provost.

(f) If the petition for review involves a regional campus faculty member a copy of the findings and recommendations shall be sent to the chairman of the faculty senate, the faculty member, the regional campus academic group involved, Athens campus department chairman, regional campus dean, vice-provost for regional higher education, and provost.

(g) If the standing committee on promotion and tenure of the faculty senate has found that a formal proceeding is warranted on the evidence presented to it, the committee will so inform the chairman of the faculty senate. In consultation with the executive committee of the faculty senate, the chairman shall appoint five faculty members, three tenured and two not tenured, none of whom shall be from the grievant's department, to constitute a hearing committee. He shall designate the chairman of the hearing committee.

(h) In the discharge of its responsibilities, the hearing committee shall proceed as follows:

(i) The committee shall determine the time and place of the hearing, which shall commence not later than thirty days from the date of the committee's appointment.

(ii) No later than three days following the date of the committee's appointment, the chairman shall notify the grievant of the time and place of the hearing and inform him of the basic procedures governing the hearing, which shall be closed, unless the grievant requests an open hearing.

(iii) At the hearing, the grievant shall bear the burden of proving, by a preponderance of the evidence presented, that the action taken (a) violated due process and/or (b) was based upon inadequate consideration and/or (c) infringed upon academic freedom. The order of events at the hearing, which shall be determined by the committee shall reflect this requirement.

(iv) During the proceedings, /the grievant shall be permitted to have as advisor either a faculty member or an academic administrator of his choice. Likewise, the senior administrator responsible for the grievant's area or his designated representative shall be permitted to have as advisor either a faculty member or an academic administrator of his choice. The responsibility for presenting the grievant's case is restricted to the grievant and/or his advisor. The functions to be performed by each advisor shall be determined by the person whom he is advising. A representative of an appropriate educational organization shall be invited to be present.

(v) The grievant shall have the aid of-the committee in securing the attendance of persons who possess relevant information, and in having access to information related to the case.

(vi) The grievant and/or his advisor and the university representative and/or his advisor shall have the right to confront and question all persons who make statements before the committee.

(vii) The full proceedings shall be tape recorded by the university which, upon request, shall make a copy of the master tape or written transcript available to the grievant, the committee, or the president. Upon completion of the hearing, the committee shall submit a written report of its findings and recommendations to the president, with copies to the grievant and the university representative. The president shall then reach a final decision in the case, which decision shall be communicated in writing to the grievant, the university representative, and the committee. The president shall not make a public announcement of his decision unless requested to do so by the grievant.

(E) Recommendations for salary increases, advancements in rank, and tenure.

(1) Each year department chairmen shall evaluate all members of their faculties with regard to Reappointment, salary, tenure and promotion. The chairman shall employ an advisory committee from his department in the evaluation process must result in departmental recommendation with respect to salary increases for all faculty and with respect to the reappointment of all probationary faculty. If the evaluation process results in a decision to consider actively the award of tenure, a departmental recommendation must then be forthcoming on the question. Otherwise, no formal action is required. The faculty member should be notified by the chairman of his department's advisory committee that a recommendation is to be made regarding his promotion, and the renewal of his appointment or the granting of tenure, and should be afforded an opportunity to submit material in writing which he believes to be relevant to that decision.

(2) The chairman shall submit his recommendations and those of his department's advisory committee in writing to the dean of his college. Recommendations shall be supported with all pertinent documentation. The dean shall then confer with each chairman to discuss his recommendation.

(3) Recommendations by the deans to the provost shall be in writing, accompanied by the statements and documentation provided by department chairmen.

(4) It is the intent of these paragraphs to express the principles that action regarding salary, tenure, and promotion should originate at the departmental level, with systematic evaluation of each faculty member by the chairman with the advice of a committee from his department, and that recommendations from the department to the dean, from the dean to the provost, and from him to the president, shall be transmitted in written form, accompanied by all relevant statements and documents.

(5) If the chairman decides to recommend advancement in rank for a faculty member, the faculty member concerned shall be so informed in writing not later than December fifteenth

(6) If a departmental recommendation for advancement in rank is not accepted and implemented by the dean, the provost, or the president, the person who rejected the recommendation shall inform the chairman in writing (with copies to all the other parties involved, including the candidate) not later than February first and shall explain why the recommendation has not been accepted. Except in most extraordinary cases, in which prior approval for submission of a recommendation at some other time during the year has been obtained from the dean and the provost all recommendations for award of tenure will be submitted by the department chairman to the dean between April first and April fifteenth Such recommendations will be acted upon within forty-five days, i.e., by June. If an ordinary departmental recommendation for award of tenure is not accepted and implemented by the dean, the provost, or the president, the person who rejected the recommendation shall inform the chairman in writing (with copies to all the other parties involved, including the candidate) and explain why the recommendation has not been accepted. The chairman shall confirm the transmission of this information to the faculty member concerned no later than June first, or, in the case ' of an approved exception, no later than forty-five days after submission of the recommendation.

(7) Contracts specifying both rank and salary shall be sent to all faculty members by March fifteenth. Prior to this, and no later than February first, each faculty member will receive from his chairman a written statement indicating the percentage salary increase recomended for him by the department.

(8) If a faculty member or a department promotion and tenure committee feels that he has cause for grievance in matters relating to promotion and tenure recommendations or the implementation of such recommendations, after seeking recourse through the department chairman, the dean of the college, and the provost he may petition the standing committee on promotion and tenure of the faculty senate for review of the case.

(F) Graduate faculty.

(1) In order to ensure and maintain the quality of graduate instruction and to provide an equitable system for the participation of faculty in graduate programs, appointment to the graduate faculty is for a period of five years, according to the criteria and procedures outlined below.

(2) It is not intended that membership on the graduate faculty be considered as a factor in the determination of tenure, promotion, salary increases and teaching load.

(3) Criteria for appointment.

(a) Individual departments shall develop criteria for the participation of faculty in master's programs and doctoral programs. The graduate council will approve these criteria after formal review.

(b) General criteria are: doctoral degree and/or appropriate research or professional experience; a record of scholarly and professional accomplishments; effective teaching at the advanced undergraduate and graduate levels and/or comparable professional experience.

(4) Procedures for appointment.

(a) Each academic department offering graduate work will name those of its faculty who meet the approved departmental criteria and the general criteria to the dean of. the graduate college and the graduate council.

(b) The names submitted by the graduate committee to the dean of the graduate college and the graduate council must be accompanied by details concerning the faculty member's qualifications in terms of the established criteria and the assigned functions of the faculty member.

(c) For faculty who have not yet met the criteria specified, a three-year non-renewable provisional appointment is possible.

(d) A faculty member who wishes to be appointed to the ^"graduate faculty, but who was not recommended by the departmental graduate committee, can request a hearing by the dean of the graduate college and the graduate council.

(e) In the case of a dispute between the graduate council and the department as to the departmental criteria or to the qualifications of the particular faculty member for appointment to the graduate faculty, the graduate dean and the graduate committee chairman shall consult with the dean of the appropriate college and the provost for adjudication of the case.

(5) Termination and reappointment.

(a) At the conclusion of the five-year term, the appointment is reviewed by the departmental or program graduate committee and the graduate council for the purpose of reappointment to or termination from the graduate faculty.

(b) The termination of an appointment to the faculty of Ohio university automatically terminates the appointment to the graduate faculty of said institution. The appointment to the graduate faculty for a three-or five-year term shall not be construed to indicate an obligation on the part of the university to retain the appointee as a member of the faculty of Ohio university.

(6) Duties and privileges.

(a) Included in the duties of a faculty member are the following graduate functions performed by and restricted to members of the graduate faculty: instruction in graduate level courses, service as director of master's theses, service as director of doctoral dissertations, service as chairman of master's committees, service as chairman of doctoral committees, service as faculty representative on department graduate committees.

(b) Any faculty member, including those not members of the graduate faculty, may be selected to serve on a master's or doctoral committee (except' as chairman of the committee) if the qualifications of that faculty member are appropriate to such service. Approval of such membership rests with the committee chairman and the department graduate committee chairman.

(G) Faculty grievance committee. If a faculty member feels that he has cause for grievance in matters other than promotion and tenure recommendations (faculty handbook, II (E)(8)), after seeking recourse through the department chairman, the dean of the college and the provost, he may petition the standing committee on professional relations of the faculty senate for a review of the case. Faculty members in regional higher education programs will follow the corresponding administrative procedure.

(H) Leave of absence.

(1) Any member of the faculty may request a leave of absence ' without pay for one or more quarters for:

(a) The protection or recovery of health for an extended period of treatment or recuperation. Health concerns include maternity related disabilities caused or contributed to by pregnancy, miscarriage, legal abortion, childbirth and recovery therefrom.

(b) The direct usefulness to the individual and to the university of the work expected to be done while on leave.

(c) The professional development of the teacher and, thereby, the increased effectiveness of higher education.

(d) Military service and/or short periods of field training.

(e) Other reasons, to be approved through the procedures indicated below.

(2) Regulations:

(a) Length of leave. Normally leaves should be for no more than one academic year plus contiguous summers, nor come more often than once in three years.

(b) Selection of persons to receive leaves. A member of the faculty may request a leave of absence without pay for any good reason. Such leaves must have the approval of the chairman original campus dean, the dean and the provost.

The faculty member may appeal denials through regular grievance channels.

(c) Leave requests, with reasons, should be submitted in writing and should be granted (or denied) in writing.

(d) A presidential contract will be issued. Terms of the leave should be clearly stated in writing in the form of an agreement between the individual and the chairman or regional campus dean, dean and the provost.

Provisions in the agreement should include the following:

(i) Length of leave.

(ii) Reasons.

(iii) Whether or not the time will accrue for purposes of tenure and promotion.

(iv) What effect, if any, the leave will have on salary.

(v) Provisions for group insurance arrangements (requirement for self-payment of premiums, etc.).

(vi) Retirement system arrangements.

(e) Relations of leaves to promotion, salary increases, and tenure.

(i) Time spent on approved leave for as long as one academic year should not negatively affect salary considerations.

(ii) Time on leave may or may not count as time accrued toward promotion, depending on departmental criteria or special arrangement.

(iii) For non-tenured faculty members, unless there is a written agreement to the contrary approved by the faculty member, the department chairman or regional campus dean, the academic dean, and the provost, the period of leave will not count as part of the probationary period for tenure.

(f) Obligation to return from leave. A member of the faculty requesting a leave of absence is expected to return to service at the university after the leave of absence.

(g) Continuation of insurance and retirement provisions. Individuals may elect to continue on the university group insurance plans during the period of leave by assuming the total cost of premium for such insurance. If the individual becomes a full-time employee of another institution or organization, the employing institution, rather than the individual going on leave, may make such premium payments to Ohio university. If the individual going on leave does not elect to continue on the group insurance plan during the period of his leave, there will be no waiting period before coverage is resumed upon return of full employment. The university contribution toward retirement will continue for a member of the faculty on leave providing:

(i) The leave is consistent with the state teachers retirement system and public employees retirement system membership requirements.

(ii) The individual is willing and able to contribute his normal retirement contribution for the period of leave.

(iii) That all other avenues of funding the university retirement payments through grants or contracts to the university have been exhausted.

(iv) That the provost deems the leave to be of future benefit to the university, and gives in writing advance approval for said payment prior to the commencement of the leave.

(h) Continuation of other benefits. The individual just assume responsibility for the payroll deductions for any other benefits such as the credit union and annuities.

(i) Military leave. Military leave without pay shall be granted as required by state and federal laws to faculty members who are inducted or otherwise are required to enter active military service and/or training. Upon application within ninety days of separation from extended active duty, the individual shall be reinstated to his former position, or a similar position. A person on military leave forfeits his reinstatement rights if he re-enlists or voluntarily extends his original tour of active duty. Persons who are members of the Ohio national guard or a reserve component of the armed forces are eligible for military leave without pay for occasional periods of service or field training. Other provisions of applicable state and/or federal law will be observed in considering employee rights and benefits relating to veterans^ members of the national guard and other covered military components.

(I) Resignations. A faculty member who resigns to accept other employment at the end of the academic year shall give notice-in writing to his academic dean no later than April fifteenth or thirty days after receiving written notification of the term: of his continued employment for the following year, whicheve' date occurs later.

(J) Retirement.

(1) Faculty members. The mandatory retirement age for members of the teaching faculty is seventy. A faculty member reaching age seventy before September first calendar year may not be employed to teach for the academic year starting September first of that year.

(2) Administrative officers. The Ohio university board of trustees established the retirement age of administrative officers from their administrative duties as sixty-five. Exceptions to this rule are seldom made and then only upon recommendation of the president and approval by the trustees. An administrative officer reaching age sixty-five after June thirty permitted to complete the fiscal, year starting July first of that year.

(K) Wage rate for part-time faculty. Ho part-time faculty member shall be paid less than the minimum wage rate established by the university for comparable work loads throught all colleges of the university. This wags rate will be determined annually by the colleges in consultation with the provost.

(L) Overload compensation for contract personnel.

(1) This policy starts from the basic position that the contract issued by Ohio university to a full-time individual represents payment for full-time work. Accordingly, overload compensation is defined as payment received from or through Ohio university beyond the contract amount specified for the person's full-time services to the institution.

(2) Implementation of this policy should help to avoid the following:

(a) Inconsistencies within a budgetary unit such as a college in treatment of contract personnel (e.g., payment versus non-payment to different faculty members or administrators for the same of work).

(b) Inconsistencies among budgetary units such as colleges in treatment of contract personnel.

(c) Assurances of overload compensation at the time of appointment as opposed to indications that such compensation may be available.

(d) Failure to achieve full understanding among all concerned regarding such issues as the nature of duties for which overload compensation will be paid, the duration of an overload assignment, and the amount of compensation to be paid for each such assignment.

(3) Overload assignment compensation should be permitted when each of the following conditions is met:

(a) The proposed overload assignment is "professional" (i.e., within the contract person's area of expertise) as determined by the department chairman and dean or by other appropriate administrative officers.

(b) The proposed overload assignment serves the objectives of the university.

(c) The individual under consideration is able to complete contracted duties and assignments adequately.

(d) There are no other responsibilities of higher priority within the university which the individual is soon to assume and which would conflict with the proposed overload assignment.

(e) The proposed overload assignment cannot be handled by something other than direct monetary compensation (e.g., by reduced teaching load; by joint appointment; by trade-off of duties with other contract personnel; etc.).

(f) Funds either come from a non-university (particularly, non-state of Ohio) budget source or the proposed overload assignment is one of the set of recognized exceptions to the former (i.e., off-campus teaching; correspondence teaching; continuing education; workshops, conferences, and institutes; back studies institute; advanced-teaching examinations).

(g) There has been full communication to the department chairman and dean (or to other appropriate administrative officers) on the matter.

(h) The individual under consideration earns from all sources connected with Ohio university no more than twenty per cent beyond the contract amount specified for his full-time services to the institution through acceptance of the proposed overload assignment.

(4) If any of the conditions specified above is not met, the proposed overload assignment and the amount of compensation must have the approval of the department chairman, the dean, and the provost, or of other appropriate administrative officers.

(M) Regional campus faculty members.

(1) Persons appointed to teaching positions at the regional campus are members of the faculty of Ohio university under the terms and conditions of this faculty handbook.

(2) At each regional campus there shall be one or more academic divisions. The faculty member designated to hold administrative responsibility for a division will have the title division coordinator. The activities and responsibilities of the division (and its coordinator) shall be analogous to those of a department (and its chairman).

(3) Each appointment to a faculty position shall be designated for a specific campus and academic division as well as academic discipline (for example, assistant professor of history, division of humanities, Lancaster campus).

(4) Where policies or procedures on the Athens campus call for action by a department (or chairman), dean and the provost, analogous procedures will be followed on each regional campus with action by the division (or coordinator), dean and the vice president for regional higher education.

(5) Most part and full-time regional campus faculty members - conduct instruction in courses which are the responsibility of Athens campus academic departments. It is the mutual responsibility of the department and the regional campus faculty member to provide coordination and assure equivalence in course content and academic standards. In such cases the following will also apply:

(a) The initial appointment requires the approval of the department;

(b) The faculty member may teach only those courses for which he is approved by the department;

(c) During consideration of advancement in rank or award of tenure, the regional campus promotion and tenure advisory committee shall consult with the Athens department and the department shall provide a written statement which must be included with the documents considered by the committee and others in the review process.

(N) Relocation from one Ohio university campus to another.

(1) Relocation of a faculty member from one campus to another requires the agreement of the faculty member and appropriate approvals at the campus where the faculty member is to be employed (in the case of relocation on the Athens campus the chairman and dean must approve, in the case of relocation to a regional campus, the division coordinator and campus director must approve).

(2) Rank, tenure, and salary attained, at the previous campus are subject to negotiation as part of the relocation process.

(O) Contract graduate student grievance board.

(1) The contract graduate student grievance board is composed of four members as follows: two faculty members of the graduate council appointed by the dean Of the graduate. college, and two graduate students appointed by the president of the graduate student council. Each member of the board will serve for a period of one year. In the event that a member of the board is a representative of the college from which a grievance is being submitted for consideration by the board, that member will be replaced by a representative from another college. Such changes in board membership will be recommended by the chairman of the grievance board to the dean of the graduate college and the president of the graduate student council. The secretary of the graduate college will serve as non-voting secretary of the grievance board.

(2) The contract graduate student grievance board will consider only those cases which pertain to a graduate student's status as the holder of a graduate college contract (such as teaching assistant, graduate assistant, etc., hereinafter referred to as contract personnel). Before the contract graduate student grievance board will consider a grievance brought by contract personnel, he must have presented his grievance in writing and have fully discussed the grievance with the chairman of his departmental graduate committee or the chairman of his department, and with the dean of the graduate college without receiving satisfaction from either within a period of one month. Grievances of a purely academic nature should be referred to the student grievance board.

(3) All meetings of the grievance board will be held in closed sessions with only members and parties in a grievance present. Individuals and/or departments who are parties in a grievance heard by the board will be present at all meetings of the board at which evidence bearing on the grievance is to be heard. During the proceedings of the board, either party will be permitted to have an academic advisor and/or legal counsel of his choice. The burden of proof regarding any grievance rests upon the individual or individuals bringing the grievance.

(4) Individuals and/or departments of the university who are parties in a grievance heard by the board will be given not less than one week nor more than one month to prepare for the hearing. All parties will be notified in writing as to the time and place of the hearing. All matters upon which a decision may be based must be introduced into evidence at the proceedings before the board and decisions should be based solely on such matters.

(5) A recording and written summary will be made of all proceedings of the board. The written summary of the proceedings and the recommendations of the board will be submitted to the president of the university for final disposition. Information copies of the written summary and recommendations will also be sent to the contract personnel, the chairman of his department, the dean of the graduate college, and the provost. copy of the recording will be available on request to any of the above-named parties. The requesting party will bear the cost of the copy.

(6) Interpretations of these procedures will be made jointly by the graduate council and the graduate student council. Alterations of the procedures may be proposed by the graduate council and the graduate student council acting jointly, through normal channels, for approval by the president.

Effective: 3/14/2015
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15
Prior Effective Dates: 3/16/1978

3337-3-09 Professional leave, research grants, and awards.

(A) Faculty improvement program

(1) The purpose of the faculty improvement program is to enhance the professional skills of the faculty member through further education, study, research, or creative work. It is the spirit of the program to permit the faculty member maximum flexibility in planning, in his way, his professional development. Both faculty and students as well as the public will benefit from such improvement in professional competence.

(2) At the end of each seven-year teaching period at Ohio university, each tenured faculty member having status shall be eligible for professional leave. Department chairmen accrue time towards eligibility in the same way as other faculty members. All academic service to Ohio university will count toward eligibility regardless of the rank, campus, or overseas program at which it was performed. Every faculty member who has taken professional leave shall complete another seven years of service at Ohio university before he shall become eligible for another grant of professional leave.

(3) Leaves of absence supported by other programs, such as baker awards, research grants, fellowships, etc., and leaves for the purpose of employment by another school or company will not be considered as substitutes for professional leave. However, the period spent on such special leaves of absence will not count as part of the accrual period for professional leave.

(4) Professional leave may consist of one quarter at full pay, two quarters at three-fourths pay, or three quarters at two-thirds pay. These rates are to be applied to the pay the faculty member normally would receive during the quarter(s) in which he is to be on leave.

(5) Professional leave may be granted for a maximum of three quarters. Faculty on nine-month contracts will be granted leave only during the quarters covered by a contract. Professional leave may not be taken during the summer or other off quarter, though such quarters do count toward eligibility for professional leave. Faculty members on twelve-month contracts will be granted leave at any time during the twelve-month period of the contract, with the combined summer sessions concidered be one quarter.

(6) A faculty member on professional leave will not hold a paid position unless that position can be shown to assist him professionally. Should he hold such a paid position during the period of the leave, however, the sum of the professional leave salary and additional funds in the form of grants, stipends, gifts, or pay shall not exceed the salary the faculty member would have received for that year without leave, excluding such funds as are applied to the special expenses of the leave for equipment, books, professional travel, services, higher cost of living elsewhere, etc. Should the sum exceed that amount, the university's contribution to his professional leave salary may be reduced accordingly.

(7) A faculty member who does not wish to apply for professional leave the year he becomes eligible or who is denied leave for any reason, will not lose his eligibility and may apply in the following years. If a faculty member is denied leave for the convenience of the department, in spite of the fact that his proposal merits approval, every effort will be made to ensure that this denial is not continued another year.

(8) Upon completion of professional leave, a faculty member starts accruing time toward eligibility for the award of his next professional leave as of the date of his resumption of normal academic duties. He does not begin to accrue time toward another leave while the leave for which he is already eligible is delayed either voluntarily or through denial of leave.

(9) Professional leave shall be considered as part of university service. No faculty member shall, by virtue of being on professional leave, suffer a reduction or termination of his regular employee retirement or insurance benefits or of any other benefit or privilege he receives as a faculty member at Ohio university. Whenever such a benefit would be reduced because of a reduction in the faculty member's salary during the period of professional leave, the faculty member shall be given a chance to have the benefit increased to its normal level. Ohio university will continue to pay its portion of pension and insurance policies.

(10) Faculty members will be expected to teach at Ohio university for at least three quarters after completion of their professional leave.

(11) Application for professional leave is to be made in writing to the department chairman ordinarily no later than the first day of the winter quarter preceding the summer and/or academic year in which-the leave is to be taken. The decision by the president on his application is to be made known to the faculty member in writing no later than March 1, though this decision is subject to trustee approval at their next meeting. The application must include a well-considered plan, presented with a reasonable degree, of specificity, showing how the leave will contribute to the professional effectiveness of the applicant and the best interest of the university, e.g., teaching efficacy, research, and creativity.

(12) The department will evaluate the faculty members' applications and the chairman will send all the applications and his recommendations to the appropriate dean. The dean will review all applications in his college and send them and his recommendations to the provost, who will review them and make recommendations to the president for final approval or disapproval, subject to confirmation by the board of trustees. If the evaluation process results in a decision not to approve the application, the faculty member will be given, no later than March first, written notification of the action and all reasons for the action. The written statement will be made by the person in the review process who first recommends disapproval of the application.

(13) If a faculty member believes that his leave proposal has been denied unjustly, he will have the right to appeal the decision to his chairman, to the dean, to the provost, and then to an appeal board which shall be the professional relations committee of the faculty senate. This committee will normally interview the faculty member, his chairman, and his dean, and then make recommendations to the provost for final action. The grounds for the appeal may be allegations of, (a) inadequate consideration, (b) denial of due process, or (c) personal bias or discrimination.

(14) A report on the completed professional leave activities shall be submitted in writing through the same channels as the request for leave within three months following the return of the faculty member to his teaching duties at Ohio university. The department will evaluate the report. Evaluation of this report will- play a significant role in the granting of future professional leaves

(15) No professional leave may be granted that requires a corresponding addition to the permanent faculty of Ohio university. Departments and regional campuses are expected to arrange for professional leaves on a "break even" or "no cost" basis; in some cases a "no cost" program may be desirable on a college wide basis. Duties of persons on professional leave normally will be assumed by the remaining faculty. If a faculty member is on leave with less than full salary, the remaining part of his budgeted salary may be used toward replacement of his services. The department chairman will describe how the proposed loss of teaching services will be compensated for, without impairment of the quality of the department's work. Faculty members of small instructional units and other singularly specialized faculty shall have equal opportunity for leave with all other faculty.

(16) Regional campus faculty members shall submit request for professional leave to the division coordinator. The division coordinator may forward the faculty member's application to the appropriate department at the Athens campus or to the most closely related department if no corresponding department exists. He shall take such action at the faculty member's request. The Athens department shall give advice on the merit of the faculty member's proposal and return it to the division coordinator, who shall take this advice into consideration in making his recommendations to the regional campus dean. The regional campus dean shall review all applications at his campus. He will send applications and his recommendations to the provost, who will review them and make recommendations to the president for final approval or disapproval, subject to confirmation by the board of trustees. If the evaluation process results in a decision not to approve the application, the faculty member will be given written notification, no later than March first. The written statement will be made by the person in the review process who first recommends disapproval of the application. The appeal procedure shall be through the division coordinator, the regional campus dean, the provost, and then to the professional relations committee of the faculty senate.

(17) When more applications are received than a department can recommend for implementation for the coming year, it is suggested that decisions on which faculty members shall be recommended for leave be based on; the merit of the proposal and the longevity of service to Ohio university since the last professional leave or since the beginning of employment at Ohio university if the faculty member has had no previous leave. Precedence over the above guidelines may be given in the following exceptional circumstances: a previously approved proposal which could not be implemented for the sake of departmental convenience or because of the discontinuation of a previous sabbatical leave program should be given the highest priority if resubmitted: special programmatic needs of a department, and special opportunities available to a faculty member at a particular time.

(B) The John C. Baker fund. The John C. Baker fund, endowed as an "incentive to quality" in the name of former Ohio university president Dr. John C. Baker, is the gift of university alumni Mr. and Mrs. Edwin L. Kennedy. The "Baker fund" provides

(1) distinguished professorship awards, initiated in 1959 for faculty members who have made significant contributions in their fields,

(2) the Edwin and Ruth Kennedy lecture series, and

(3) grants supporting faculty research projects upon which a substantial beginning has already been made and for which there is a definite need in terms of the university's programs.

(C) The distinguished professor award. Selections for the distinguished professor award are made by the president and committee composed of four faculty members named by the faculty senate. Although the award is not necessarily made annually, the committee will meet annually to More than one award may be made per year. consider candidates.

(1) Recipients of the distinguished professor award will be chosen on the basis of outstanding artistic, literary historical, or scientific achievement, or other worthy accomplishments attaining wide recognition. Funds for the leave and honorarium are donated to Ohio university by Mr. and Mrs. Edwin L. Kennedy.

(2) No set amount will be established for the honorarium, and a recipient may receive a cash stipend or a leave of absence of one quarter with full pay or both. In addition, every distinguished professor has the right each year to appoint one undergraduate to a one-year full-tuition scholarship.

(3) To be considered for the award, a faculty member must have tenure and a minimum of five years' service at the university. In addition, only projects already completed will be considered in the committee's examination of distinguished achievements. If a leave of absence is granted, the time when the leave is effective must be approved by the department chairman, the appropriate dean and the vice president and dean of faculties.

(4) Faculty members are invited to submit the names of candidates for the award to the president's office.

(D) Leaves of absence and reduction of teaching load for support of research.

(1) The university supports a program of leaves of absence, including professional leaves, either full-time or part-time, for research and productive scholarship.

(2) Chairmen of departments and deans of colleges may recommend to the vice president and dean of faculties reduction of teaching loads and/or leaves of absence for faculty members who have a research or writing project under way which requires a concentration of time and effort for its completion. Summer appointments for conducting research may be provided.

(E) Ohio university research committee.

(1) The Ohio university research committee provides support for research or creative effort in any field of study. The committee provides such support in response to formal proposals which are invited periodically during the academic year. Funds can be awarded for any bona fide research expenditure, including salary for the principle investigator, stipends or wages for graduate and undergraduate students, equipment, supplies, and travel.

(2) A restricted number of discretionary awards of up to one hundred dollars can be provided by the chairman of. the committee at any time without going through the formal, periodic review process.

(3) Guidelines for proposal preparation may be obtained from the chairman of the committee or from the research institute.

(F) Emeritus status.

(1) Except in very unusual circumstances, emeritus status is conferred only upon retiring or retired members of the faculty. Emeritus status is confered upon a faculty member if, in the judgment of his department or regional campus, and with the concurrence of appropriate administrative officers, some special recognition has been earned. This judgment should be based on any or all of the following factors:

(a) length of service;

(b) quality of teaching;

(c) quality of research;

(d) contribution to the university in administrative and committee work; and

(e) services to society beyond the university. Except in unusual circumstances, emeritus status shall be conferred only on someone who has taught at Ohio university ten or more years.

(2) An emeritus faculty member is granted parking and library privileges as if he were an active faculty member, and may be offered the use of other facilities such as office and laboratory space when they are available.

(G) University professor.

(1) To acknowledge outstanding undergraduate teaching, students of Ohio university participate in the naming of from one to ten university professors each year. University professors are group I faculty who have demonstrated superior teaching ability and who have insight into the educational process. Students suggest to the university professor selection committee the names of faculty members who they feel should serve. The committee screens the suggestions and nominates from the suggested faculty members those who best exemplify the concept of the university professorship.. The vice president and dean of faculties appoints the university professors from among those nominated by the committee. Each professor is given freedom to teach courses of his or her choosing and is awarded a one thousand dollar honorarium during the academic year of the appointment. At the present time this program is operational only on the Athens campus.

(2) Procedures used by the university professor selection committee are outlined in the undergraduate catalogue and the university college bulletin. For additional information contact the office of the dean of the university college.

(H) Research institute fellows.

Those, faculty work have demonstrated outstanding research accomplishments at Ohio university are recognized through designation as research institute fellows. Nominations are submitted by faculty and academic deans and final selections are made by a committee under the chairmanship of the director of research. Each fellow receives a research fund that may be used to support any research activity other than personal salary.

Effective: 3/14/2015
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15
Prior Effective Dates: 3/16/1978

3337-3-11 Constitution of the Ohio university administrative senate.

(A) Preamble. We, the members of the administrative staff of Ohio university, concerned with the growth and development of the university, the broad scope of educational issues confronting the administration, the professional development of this administrative staff, and with the responsibilities delegated to the administrative staff by the board of trustees and president of Ohio university, do hereby establish the administrative senate of Ohio university. The purpose of the administrative senate is to promote and enhance the profession of university administration and, specifically, the profession at Ohio university. The administrative senate will be committed to providing a collective and independent voice to those having administrative responsibilities in the conduct of the educational mission of the university. The senate will provide the administrative staff of the university with a legitimate and necessary role in the governance of the university through a public forum where the individual and representative voices of the staff will be heard, and will be one of equal participation with other representative groups in university decision making. The administrative senate holds the conviction that it can assist in the further growth and development of Ohio university through its own growth, development and operation.

(B) Article I. Membership and composition.

(1) Membership.

(a) For the purpose of electing senators, the university will be divided into districts as described in the bylaws.

(b) An "administrator" is defined as a full-time contract employee of Ohio university who spends fifty per cent or more of his time in administrative duties, excluding the president and those who report directly to the president, those who have faculty status and those who are members of of the dean's council.

(2) Composition. The administrative senate will be composed of thirty elected representatives with some senators elected from districts and some elected at-large.

(C) Article II, Amendments. The constitution of the administrative senate may be amended by a majority vote of the representatives to the administrative senate and must be approved by the president of Ohio university and the trustees of Ohio university.

Effective: 3/14/2015
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15
Prior Effective Dates: 3/16/1978

3337-3-13 Bylaws of the ohio university administrative senate.

(A) Article I. Senators.

(1) Section 1. Eligibility. Any person who is an administrator as defined in paragraph(B)(1) of the constitution of the administrative senate of Ohio university is eligible to be elected to the administrative senate.

(2) Section 2. Districts. Senators shall be elected from each of fifteen districts composed of approximately equal members of constituents, established annually by the elections committee with approval of the senate, and from each of fifteen at-large positions.

(3) Section 3. Length and conditions of terms.

(a) Senators shall begin their terms of office with the last regular senate meeting in May and shall continue in office for three years, except that senators elected to fill positions vacated by resignation or for other reasons shall serve in office only for the length of the unexpired term of the senator being replaced.

(b) Alternates may be designated by any senator who finds that attendance at a senate meeting is not possible. Alternates must be chosen from the constituency represented by the senator and must be identified to the chairman prior to the beginning of the meeting. An alternate so chosen and so identified may participate in discussion, initiate motions, and vote on all issues, save those involving amendment to the constitution or the bylaws.

(c) Positions vacated by resignation or for other reasons prior to the date of the annual election shall be filled by the executive committee by appointment from the constituency represented by the vacated position. Such appointments shall be ratified by the senate, and shall continue until the next regular election.

(d) Senators who are absent from two consecutive regular meetings, or who are absent from there of five consecutive regular meetings, and who have not offered for such absences reasons acceptable to the executive committee, shall be designated by the executive committee as delinquent. After the delinquent senators have been notified by the secretary of their designation as delinquent, their names shall be placed before all the senators at any regular meeting. At that time, a vote-of two-thirds of those present shall be sufficient to remove the delinquent senator from office.

(4) Section 4. Method of election.

(a) The elections committee will prepare and circulate ' applications and will announce open positions three weeks prior to election day. The applications will be made available at a central place and the elections committee will take appropriate measures to inform all, administrators of application and election procedures.

(b) To be a candidate for senator, an eligible administrator must complete and submit the application form authorized by the elections committee and must declare which district or at-large position he or she is seeking.

(c) The elections committee shall certify each application submitted. Certification shall include insuring that the applicant is eligible to hold office under the provisions of the bylaws. Such certification shall be completed no later than one week prior to election day.

(d) The elections committee shall prepare the ballots to be distributed on election day. The names of all candidates for at-large positions whose applications have been certified shall appear on each ballot. Ballots for district positions will include instructions to the voter telling how many persons to vote for in all categories.

(e) The election day will be the first Wednesday in Hay in each year.

(f) On election day, the elections committee shall mail to each eligible administrator the ballots necessary. Each ballot shall be mailed with a return envelope. The voter will clearly mark his or her choice(s) and will place the ballot in the return envelope. After signing the envelope to validate the ballot, the voter will return both to the elections committee.

(g) The elections committee shall review envelopes to insure that votes are cast only by eligible administrators. Valid ballots will be removed from their envelopes and the envelopes will be kept apart from the ballots until the election has been certified.

(h) Ballots will be accepted by the elections committee for one week after election day; no ballots will be accepted after five p.m. on the second Wednesday in May.

(i) The elections committee shall count the votes cast and shall declare the results to the senate at the first regular senate meeting following the close of election. The senate shall validate the conduct of the election and shall vote to certify the election. When the election is certified, the elections committee shall destroy the envelopes and the ballots and shall transmit a report containing the tabulation of votes cast to the secretary of the senate.

(B) Article II. Officers.

(1) Section 1. Officers. The following officers shall be elected at the first regular meeting after the election of senators: chairman, vice-chairman, secretary, and treasurer. These officers shall serve for one year and may succeed themselves in office for one year.

(2) Section 2. Duties of officers.

(a) The chairman shall preside at meetings of the administrative senate, act as chairman of the executive committee, which is made up of the elected officers, and appoint standing and ad hoc committees in consultation with the executive committee.

(b) The vice-chairman shall preside in the absence of the chairman, coordinate the standing and ad hoc committees established by the senate, and carry out such additional duties as may be assigned by the chairman.

(c) The secretary shall record and distribute minutes of the senate, keep a record of attendance and of votes where a roll call vote is requested, be responsible for correspondence, maintain the senate archives, and carry out such additional duties as may be assigned by the chairman.

(d) The treasurer shall prepare and supervise the operating budget of the senate, approve expenditures of the senate funds, and carry out such additional duties as may be assigned by the chairman.

(3) Section 3. Election of officers.

(a) The election committee shall administer the elections of officers.

(b) Nominations and elections of officers shall be conducted in the following order: chairman, vice-chairman, treasurer, and secretary. Nominations may be closed by a vote of a simple majority of senators. Election will be by secret ballot with ballots of distinctive color for each office. Individuals nominated will be excused during discussion of their qualifications but will return to cast their ballots.

(c) In order to be elected, a candidate must have a majority of the votes cast; in the case of an election where a candidate does not receive a majority, there will be a run-off vote between the two (or more) with the highest plurality.

(d) The votes will be counted and certified by the elections committee; if a member of this committee is a candidate for an office, the chairman shall appoint a substitute.

(e) In case of a tie vote, a re-vote will be taken. If a tie occurs a second time, the winner will be determined by the toss of a coin. Records of the election will be maintained for the duration of the term of office.

(4) Section 4. Resignation of officers. In the event of of resignation of an officer of the administrative senate, a special election to fill the unexpired term of office will be held at the first regular meeting after the effective date of the resignation.

(C) Article III. Voting.

(1) Section 1. Voting by members. Each member of the senate including the chairman has one vote. Normally voting is done by voice vote. A request for a roll call vote may be made by any senator on any motion on the floor. The record of a roll call or written ballot vote shall be kept by the secretary and included in the minutes, unless excluded by special vote.

(2) Section 2. Voting on motions. All substantive motions shall receive a reading at two consecutive meetings prior to voting. A vote of two-thirds of the members present is necessary to suspend this rule.

(3) Section 3. Attendance for voting. Voting on all substantive motions, and on amendments to the constitution and bylaws shall require the presence of a senator unless otherwise specified.

(D) Article IV. Meetings.

(1) Section 1. Regular meetings. The senate shall meet at a time and place determined by the senate on a date in alternate weeks; each senator is expected to be present for each meeting. If a senator must be absent, he or she must, prior to the meeting, notify the chairman of his or her expected absence. Senate meetings are open meetings unless especially designated as executive sessions.

(2) Section 2. Special meetings. At the request of the chairman of the administrative senate, executive committee, or five senators (submitted in writing), a special meeting may be called. The agenda for the special meeting should be sent out with the notice of the meeting and, if possible, at least three days in advance of the meeting. Circumstances may warrant emergency meetings with little or no advance notice.

(3) Section 3. Election meeting. The first regular meeting following the election of senators shall be designated as the meeting at which officers shall be elected.

(E) Article V. Committees.

(1) Section 1. Executive committee.

(a) The executive committee shall be composed of the chairman, vice-chairman, secretary, and treasurer.

(b) The executive committee shall have the power and authorization to act for the senate between senate meetings and shall discharge those responsibilities and duties vested in the committee by the bylaws and by action of the senate.

(c) The executive committee shall act as liaison between the senate and other campus governance groups, the university administration, and other related groups and agencies.

(d) Argumented by the chairman of the standing committees, the executive committee shall annually develop a statement of goals and priorities for presentation to the senate during the first meeting in October.

(2) Section 2. Standing committees.

(a) There shall be the following standing committees, with the chairman of each a member of the administrative senate:

1) personnel;

2) professional growth and development,

3) administrative policies; and

4) communications. The membership of each committee may include administrative staff persons who are not senators.

(b) The executive committee shall appoint the chairman of each committee. The chairman shall, in consultation with the executive committee, appoint senators and others to committee membership.

(c) The duties and responsibilities of the standing committees shall be as follows:

(i) Personnel committee shall concern itself with the relationships which exist between administrators and the university as an employer. In particular, the committee shall review, study, and recommend senate action in regard to such matters as performance, evaluation, and fringe benefits.

(ii) Professional growth and development committee shall concern itself with efforts to aid and encourage professional growth and development in administrators. In particular, the committee shall review, study, and recommend senate action in regard to such matters as professional leave, continuing education and recognition of professional achievement.

(iii) Administrative policies committee shall review, study, and recommend senate action in regard to those policies and procedures which affect the ability of administrators to function in their positions.

(iv) Communications committee shall develop and, with senate approval, implement means of providing information regarding the administrative senate to members of the senate, the constituency of the senate, the university community, and the public.

(d) A written report of each committee's activities shall be prepared and submitted by the chairman to the senate during the last meeting in May.

(3) Section 3. Ad hoc committees. There shall be such ad hoc committees as are needed for the conduct of special business; these shall be appointed by the chairman and/ or the executive committee of the senate.

(4) Section 4. University committees. With the advice and consent of the administrative senate, the chairman shall appoint representatives of the senate to serve on the university committee on committees, the budget advisory committee, and other major committees which require a representative from the administrative senate.

(5) Section 5. Elections committee.

(a) An elections committee composed of three continuing senators shall be appointed by the executive committee no later than the last Wednesday in March.

(b) The elections committee shall discharge those responsibilities and duties vested in the committee by the bylaws.

(c) The elections committee shall provide a report covering its activities to the senate during the last meeting in May. At that time, the elections committee shall present the results of the election and any other pertinent information.

(F) Article VI. Finances.

(1) Section 1. Budget. The treasurer shall annually prepare the administrative senate budget, according to the process as established by the university. The budget shall be submitted to the senate for approval prior to its submission to the university.

(2) Section 2. Approval of expenditures. The treasurer and the chairman shall cosign all expenditures of the administrative senate funds.

(G) Article VII. Official university liaison. A member of the university senior administrators shall be appointed by the university president to meet with the senate regularly. The president of the university shall have a standing invitation to meet with the senate.

(H) Article VIII. Quorum. For the conduct of business a quorum shall consist of a majority of the membership of the senate.

(I) Article IX. Parliamentary authority. "Robert's Rules of Order," revised shall govern procedure at all meetings of the administrative senate in all cases not otherwise provided for in the constitution or bylaws.

(J) Article X. Amendments. Amendments to the bylaws shall be presented in writing to the senators at least one meeting in advance of a requested vote. A two-thirds vote of the senators shall be necessary to amend the bylaws. The vote may be made by mail or at a regular meeting of the senate.

Effective: 3/14/2015
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15
Prior Effective Dates: 3/16/1978

3337-3-15 Policies and procedures for staff.

(A) Introductory statement. The purpose of this section is to specify general practices regarding the employment of administrators.

(1) The university has the right to define its purposes and priorities and to require high standards of performance by each administrator in accordance with both institutional objectives and an agreed-upon statement of his or her responsibilities. The university has the responsibility to provide to the best of its ability employment conditions which enhance the opportunity for achieving its goals at least in part, through the personal and professional efforts of its administrators.

(2) The administrator has the right to express his or her professional beliefs. He or she has the duty to conduct himself or herself as a responsible citizen and to uphold the highest possible personal and professional standards. The administrator should be free to participate in any lawful on-campus or off-campus activity in accordance with university policies, provided that in so doing he or she is not compromising the ability of the university to maintain its programs or attain its goals.

(3) Administrative status. All full-time contract personnel have either faculty or administrative status. Those who have faculty status are those who are eligible for membership in the faculty senate. The procedures and policies contained herein govern those who have administrative status except members of the deans' council, those designated as senior administrators by the president, and the president.

(B) New appointments. The rights, privileges and responsibilities of administrators of Ohio university are governed by statements contained in the administrator's handbook and appropriate sections of the Ohio university policy and procedure manual. New appointees to the administration of Ohio university will be given:

(1) Written statements indicating the general nature of their duties, which statements shall be appended to and become a part of the standard contract of university. The understanding of and acknowledgment of the contract shall be indicated by the appointee's signing and returning their copies of the contract according to the instructions.

(2) Literature compiled by the personnel office, describing and explaining the university group life insurance plan, major medical expense insurance, the public employees retirement system of Ohio, the university travel accident insurance plan, the Ohio university employees credit union, the tax deferred annuities program, and the administrator's handbook.

(C) Special appointments. It is recognized that in some areas of the university there are positions dependent upon financial support from sources other than university general operating and auxiliary funds. Appointees to such positions will be provided with a written statement clearly setting forth the nature of their appointments and their dependence upon outside funding. The contract covering such an appointment will indicate that it is a "Special Appointment". In cases of termination for financial reasons, the provisions of paragraph (E), contract termination, do not apply to such special appointments. Written notice of termination for financial reasons should be given as far in advance of the anticipated termination date as circumstances permit.

(D) Term appointments. In some cases it is necessary to make appointments of a temporary nature without intention of continuing employment. Such appointments may be made for specified periods of time, not to exceed twelve months, and shall be called "Term Appointments". Appointees to such positions will be provided with written statements clearly setting forth the transitory nature of their appointments. The contract covering such an appointment will indicate that it is a "Term Appointment". The provisions of paragraph (E), contract termination, do not apply to term appointments. Term appointments may be extended or renewed once for an additional period not to exceed twelve months but only if the scope or time schedule of the original assignment was not fully known initially and an extension is necessary for completion of the project. If the term of the initial appointment covers portions of two fiscal years and therefore two separate contracts are issued, this shall not be considered a renewal.

(E) Contract termination (non-renewal).

(1) It is the intent of Ohio university to provide reasonable procedures and policies with respect to the termination of contract status. As Missed herein, contract termination refers to decisions that have been made that preclude the renewal of a contract for the following fiscal year. This section does not apply in cases of suspension or dismissal as outlined in paragraph (F), although the reason(s) for failure to renew a contract for the succeeding fiscal year may include one or more of the reason(s) specified in paragraph (F).

(2) The notice of termination shall include a written statement of the reason(s) for the decision that has been made. Except in the case of a termination based on the discontinuance of a position, such notice shall be forwarded no later than March fifteenth of the current fiscal contract year.

(3) If the termination is based on the discontinuance of a position either for budgetary reasons or because the function is eliminated, the notice of termination shall include a written statement of the reason(s) for discontinuing the position. Such notice shall be forwarded no later than fifteen days following the final action by the board of trustees on the university's budget for the next fiscal year. The employment termination date will be effective ninety calendar days from the date of mailing, except in cases where an administrator has a contract for a period of less than twelve months.

(4) The ninety-day notice is intended to apply from date of notice to the beginning date of what would have been an administrator's expected contract period for the following fiscal year. For example, an administrator normally employed for twelve months would require notice by April second, the university would continue payment of the administrator's present contract rate following June thirty of that year for whatever part of the ninety day notice period remained. An administrator normally employed for nine months (September fifteenth thru June fifteenth, for example) would require termination notice by June seventeenth to avoid continued employment and pay beyond September fifteenth In no case shall an administrator who is on less than a twelve-month contract receive payment for the period in which work is not normally performed by the administrator.

(5) In all cases where the termination period extends into the following fiscal year and payment to the administrator is to be made after June thirty, for services, a term contract shall be issued at the same rate of pay that the employee received during the year of termination. The terminated employee is still entitled to accumulated sick leave and/or vacation benefits. The terminated employee may elect to take his/her vacation during the ninety day period or be paid his/her vacation in a lump sum at the end of the ninety day period.

(6) Prior to the termination on an appointment due to the discontinuance of a position, the administration of the university shall make every effort within the confines of affirmative action policies to place the person in another suitable position within the university. If an appointment is terminated due to the discontinuance of a position, the position will not be filled by a replacement for a period of two fiscal years unless the released person has been offered reappointment.

(7) The administrator being terminated may appeal notice of a contract termination decision as outlined in paragraph (E) under the provisions of paragraph (G) hearing procedure. The above provisions do not apply to either special appointments ( paragraph (C)) which are terminated for financial reasons or term appointments paragraph (D)).

(F) Suspension or dismissal. When appropriate, an administrator may be suspended or dismissed forthwith. Suspension or dismissal procedures must include written notification and grounds for such action. The administrator has the right of appeal ( paragraph (G) - hearing procedure). The grounds or causes for such suspension or dismissal are as follows:

(1) Action(s) of a probably felonious nature when such action is prejudicial to the administrator's ability to properly perform his/her assigned tasks and responsibilities or is prejudicial to good order in the university. When the action is only probably felonious, the suspension may be an "interim" one, pending a legal ruling. When an action is ruled legally felonious, the suspension may become a dismissal.

(2) Any conduct occurring in the performance of one's assigned responsibilities, which causes or could potentially cause serious interference in the ability of the administrator concerned or in the ability of other employees to carry on their duties and responsibilities.

(3) Insubordination, which refers to a willful refusal to obey, or knowledgeable disregarding of, the directions and/or supervision of a properly authorized supervisor acting in an appropriate capacity through the issuance of orders reasonably related to the fulfillment of his university responsibilities, without reasonable justification for such refusal.

(4) Serious breach of professional ethics.

(5) Gross incompetence, referring to a situation where an administrator is, from the beginning of his or her employment, or becomes, at sometime thereafter, essentially unable to fulfill the requirements of his or her position.

(6) Flagrant or consistent failure to conform to the rules or regulations of the department, office or agency to which one is assigned.

(G) Hearing procedures.

(1) If an administrator facing termination (suspension, dismissal for cause, or contract non-renewal) elects to pursue the internal review options available to him or her, he or she may begin by appealing the termination decision through the administrative chain of recourse, beginning with his or, her immediate supervisor and ending with the appropriate senior administrator.

(2) If, after following the procedures outlined in paragraph (G), above, the administrator facing termination (grievant) remains unsatisfied, he or she may request that the appropriate committee of the administrative senate privately and informally investigate the facts surrounding his or her case. In no case shall any member of the committee be an employee in the grievant's area, i.e., the administrative sub-unit or department in which the grievant is employed. The committee, upon completion of its investigation, shall submit a written report of its finding and recommendations to the grievant and to the appropriate senior administrator, who shall then reconsider the case and submit a written report of his conclusions to the committee and the grievant.

(3) If, upon conclusion of the procedures outlined in both paragraphs (G)(1) and (2), the grievant remains unsatisfied, he or she may request, in writing, that the president authorized a formal hearing for the purpose of according the grievant an opportunity to prove that the stated reason for his or her termination is without foundation. The president, at his discretion, shall grant the request if he concludes that a further review of the case is warranted.

(a) Should the president grant the grievant's request for a hearing, he shall, following consultation with chairpersons of the administrative and faculty senates, appoint a hearing committee consisting of five persons, four of whom shall be contractual employees with administrative status and one of whom shall be a contractual employee with faculty status. The president shall designate one of the administrative members as chairman of the committee. No member of the committee shall be an employee, in the grievant's area, i.e., the administrative sub-unit or department in which the grievant is employed.

(b) In the discharge of its responsibilities, the committee shall proceed as follows:

(i) The committee shall determine the time and place of the hearing which shall commence not later than thirty days from the date of the committee's appointment.

(ii) No later than three days following the date of the committee's appointment, the chairman shall notify the grievant of the time and place of the hearing and inform him or her of the basic procedures governing the hearing, which shall be closed.

(iii) At the hearing, the grievant shall bear the burden of proving, by a preponderance of the evidence presented, that the stated reason for his or her termination is without foundation. The order of events at the hearing, Which shall be determined by the committee, shall reflect this requirement.

(iv) During the proceedings, the grievant shall be permitted to have an advisor of his or her choice. Likewise the senior administrator responsible for the grievant's area or his or her designated representative (the university representative) shall be permitted to have an advisor present. The functions to be performed by each advisor shall be determined by the person whom he or she is advising.

(v) The grievant shall have the aid of the committee in securing the attendance of persons who possess relevant information.

(vi) The grievant and his or her advisor or both and the university representative and his or her advisor or both shall have the right to confront and question all persons who make statements before the committee.

(vii) The full proceedings shall be tape-recorded by the university, which, upon request, shall make a copy of the master tape available for a reasonable period to the grievant, the university representative, the committee, or the president.

(c) Upon completion of the hearing, the committee shall submit a written report of its findings and recommendations to the president, with copies to the grievant and the university representative. The president shall then reach a final decision in the case, which decision shall be communicated in writing to the grievant, the university representative, and the committee. The president shall not make a public announcement of his decision unless requested to do so by the grievant.

(d) If the grievant was suspended or dismissed from his or her position during all or any part of the appeal procedures outlined above in paragraphs (G)(1), (2), or (3) and if, during such period, a final decision not to uphold the termination is made by the appropriate senior administrator or, following a hearing, by the president, the grievant shall be reinstated in his or her position and compensated for all salary and fringe benefits lost during the appeal procedures.

(H) Recommendation for salary status and contract renewal. It is the intent of these paragraphs to express the principle that action regarding salary status and contract renewal should originate at the departmental level, with systematic evaluation of each administrator by the department head.

(1) Prior to February fifteenth each year, the immediate supervisor shall review the performance records of all administrators on his or her staff and shall invite each administrator to an appraisal/apprisal interview. The results of interviews involving marginal or unsatisfactory performance are to be forwarded in writing by March first to the supervisor's immediate superior, with a copy to the employee. A brief letter verifying satisfactory performance and eligibility for salary increase by March first is adequate for employees performing satisfactorily.

(2) Within fifteen working days after tenative expenditure levels for the next fiscal year have been assigned to each administrator by the president, the immediate supervisor shall submit, in writing, his or her recommendations regarding contract renewal and salary status for all administrators on his or her staff to the supervisor's immediate superior, with a copy to the employee. If a supervisor recommends non-renewal of a contract due to the discontinuance of a position either for budgetary reasons or because the function is eliminated, notice of termination shall be forwarded to the employee when the supervisor's immediate superior has approved the recommendation. Such notice will begin the termination notice period specified in paragraph (E).

(3) Contracts for the next fiscal year, specifying both position and title for administrators whose contracts are to be renewed shall be sent to such persons within fifteen days of final action by the board of trustees on the university's budget for the next fiscal year.

(a) Term contracts for administrators who have received notice of termination as a result of paragraph (H)(2), and who are to receive pay during the next fiscal year, shall be for/awarded to such persons within fifteen days of final action by the board of trustees on the university's budget for the next fiscal year. Such contracts shall be issued in compliance with the termination notice provisions specified in paragraph (E).

(b) If trustee action on the university's next fiscal year budget necessitates the non-renewal of contracts that were not provided for in paragraph (H)(2), notice of termination and a contract for the next year shall be forwarded to such persons within fifteen days of final action by the board of trustees on the university's budget for the next fiscal year. Such contracts shall be issued in compliance with provisions specified in paragraph (E), including the termination notice period.

(I) Contract acceptance or resignation.

(1) Contracts should be formally accepted or declined within thirty days of the date of mailing of the contract. Contracts which have not been accepted or formally declined within thirty days shall be declared null and void.

(2) Contract personnel should give thirty days advance written notice of resignation.

(J) Familial appointments. Each appointment is made on its own merits, whether members of one immediate family are in the same department or not. Decisions on promotion, salary status, or termination are to be made for each under exactly the conditions which apply to other administrative staff members. Only under the most unusual circumstances should one member of an immediate family have a significant supervisory role with respect to another member(s) of that family.

(K) Retirement. The Ohio university board of trustees established the mandatory retirement age of administrative officers from their administrative duties at age sixty-five. Exceptions to this rule are seldom made and then only upon recommendation of the president and approval by the trustees. An administrative officer reaching the age of sixty-five after June 30 is permitted to complete the fiscal year starting July 1 of that year. Retirement before age sixty-five is possible.

Effective: 3/14/2015
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15
Prior Effective Dates: 3/16/1978

3337-3-21 Classified employees job abolishment and layoff on basis of seniority.

(A) Background. Amended Substitute Senate Bill 243, which became law in July, will have significant influence on the university's procedures regarding job abolishment and layoff. This bill amends appropriate sections of the Ohio Revised Code relative to appealing job abolishments. It provides that layoffs or job abolishments are to be made on the basis of seniority.

(B) Right to appeal. The state personnel board of review shall hear appeals of employees in the classified service relative to reduction in pay or position, job abolishments, layoff, suspension, discharge, assignment or reassignment to a new or different position classification. The board may affirm, disaffirm or modify the decision and the decision of the personnel board of review is final

(C) Layoff jurisdictions. The state of Ohio consists of four types of layoff jurisdictions:

(1) district,

(2) county,

(3) university and

(4) institutional.

Each of the layoff jurisdictions is an autonomous unit and layoff procedures will apply only to the jurisdiction affected by the layoff. Ohio university is an autonomous layoff jurisdiction.

(D) Retention points. Retention points, to reflect systematic consideration of seniority and relative efficiency for all employees, will be assigned by the Ohio university personnel department. Seniority is determined by the length of continuous university service. Continuous service is not interrupted by an approved leave of absence; by a layoff of less than twelve months; or by military leave or disability termination, provided reinstatement to university employment is properly accomplished. Retention points will be determined as follows: Each full-time classified employee will receive six retention points for each year of continuous university service (one-half retention point per month). The employee will receive one additional retention point or ten per cent of total points, whichever is less, for "satisfactory performance" as evidenced by successful completion of the initial probationary period. Example: an employee with ten years of service will have sixty-one retention points (10 x 6 = 60 + 1 = 61). If one of two employees with equal retention points must be laid off, the employee with the greatest university seniority will be retained. If one of two employees with equal retention points and equal university seniority must be laid off, the employee with high average on the two most recent performance evaluations will be retained. If two (or more) employees are still equal after applying the above procedures, their names will be arranged alphabetically by last name.

(E) Order of layoff. When a layoff is necessary, the appointing authority will decide in which classification or classifications the layoff(s) will occur and the number of employees to be laid off within each affected class. Intermittent, probationary, part-time and seasonal employees will be laid off before permanent, full-time employees. The layoff within the classification will proceed by laying off the employee(s) with the least number of retention points within the classification.

(F) Displacement. A laid off employee in the classified service has the right to displace the employee with the least retention points in a lower classification in the same classification series. A classification series is any group of classification titles that has the identical name but different numerical designations (cook I, II and III for example) or identical titles except for designated levels of supervision (custodial worker II and custodial work supervisor for example). Any employee displaced by an employee shall have the right to displace another employee in a lower classification of the same classification series if he has more retention points. This procedure shall continue until the employee with the least retention points in the lowest classification of the classification series has been reached and, if necessary, laid off.

(G) Recall. Employees who have been laid off will be placed on appropriate layoff lists by classification title. Those employees with the most retention points will be placed at the top of the recall list followed by employees ranked in descending order. An employee who is laid off will remain on the recall list for a period of one year from the layoff date. Employment will be terminated if an employee is not recalled within one year or refuses a recall assignment.

(H) Summary. Much of the new state procedure is similar to our previous layoff procedures. However, there are two basic differences as follows:

(1) University seniority is now the dominant seniority in determining layoffs. In any classification series, the employees who have been with the university the longest will have the most retention points.

(2) Laid off employees may now move across department lines to displace more junior employees in the same classification series in another department. Although a layoff situation may originate in one department, the eventual layoff will be within a classification series over the entire university.

Effective: 3/14/2015
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15
Prior Effective Dates: 3/16/1978

3337-3-31 Sick leave program - faculty and administrative staff.

(A) Sick leave defined

(1) "Sick leave" is the authorized absence from duties due to:

(a) Personal illness, injury, or temporary disability.

(b) Exposure to contagious disease which could be communicated to other members of the university family, or

(c) Illness, injury or death in the individual's immediate family. "Immediate family" is defined as: spouse, son, daughter, mother, father, brother, sister, grandparent, grandchild, father-in-law, mother-in-law, daughter-in-law, son-in-law, brother-in-law, sister-in-law, and a legal guardian or other person who stands in place of a parent (in loco parentis). Sick leave granted for a death in the immediate family shall not exceed five working days.

(d) Medical, dental, psychological, or optical examination or treatment of an employee or a member of his or her immediate family.

(2) Sick leave is granted on the approval of the department chairman or the manager to whom the individual reports; such a request should be made on the first day of absence or in advance if possible. The individual, upon Veturn to work, must complete a sick leave request form. The university reserves the right to require the individual to:

(a) Furnish medical evidence of illness,

(b) Provide medical verification of ability to return to work.

(3) A consecutive period of sick leave includes all institutional teaching days for faculty. For administrative personnel it includes all normally scheduled work days except holidays observed by the university. No contract employee shall be charged with more than five sick leave days in any seven day period.

(B) Accumulation of sick leave benefit

(1) On July 1, 1976, the accumulated benefit for each participant will be-computed as follows:

(a) Those individuals with ten or more years of total full-time service will be credited with one hundred fifty days of sick leave.

(b) Those individuals with less than ten years of full-time service will be credited with the product of the number of years of service times fifteen days (or the number of months of service times one and one-fourth days).

(2) Starting with July 1, 1976, the benefit will accumulate at the rate of one and one-fourth days per calendar month or fifteen days per year for all full-time contract employees. ("Full-time contract employee" for purposes of this policy, is defined as anyone holding a regular nine-, ten-, eleven, or twelve-month contract.) Accrual of sick leave will be unlimited. Time spent on vacation, paid military leave, paid professional leave, or sick leave will count toward accumulation of benefits. There will be no accumulation of benefits while on unpaid leave of absence.

(3) Part-time group I and group II faculty and group I administrators are eligible for sick leave accrual and use. The decimal fraction F.T.E,. on an annual basis appearing on the faculty or administrative contract shall be multiplied by fifteen days to determine sick leave days earned.

(4) An employee who transfers from one public agency to another, or who is reappointed or reinstated, or who transfers from one state department to another will be credited with the unused balance of accumulated sick leave--up to the maximum of the sick leave accumulation permitted in the public agency to which the employee transfers and provided the time between separation and reappointment does not exceed ten years. Written proof of sick leave credits must be furnished by the department that the individual is leaving to the new department.

(C) Period covered

(1) Period covered by the accumulated sick leave benefit for teaching faculty is all institutional teaching days, during (a) the contract year period of nine months and (b) the specific period of a summer appointment.

(a) The contract year period for nine month employees shall be from the class schedule adjustment day of the fall quarter through the day in the spring quarter when grades are due in the registrar's office.

(b) The period of summer appointment is the individual's actual scheduled teaching time.

(2) Period covered by the accumulated sick leave benefits for administrative personnel is their normally scheduled work days exclusive of the university's holidays. Vacation time may be substituted for sick leave.

(D) Sick leave benefits will be paid at (1) the contract amount during the fiscal or academic year, and (2) the summer contratual rate during a summer period except for those specifically assigned to the summer, as one of their regular quarters.

(E) Retirement benefits for accumulated sick leave. With the exceptions noted below, faculty and administrative personnel upon retirement with ten or more years of service with the state (service years as defined by STRS and PERS shall be compensated in an amount not to exceed one-fourth of accrued but unused sick leave credit, up to one hundred and twenty" days, based on the individual's annual rate of compensation at the time of retirement. The maximum payment shall not exceed thirty days. For purposes of determining retirement benefits, the effective date of this policy is July 1, 1974. Individuals who retired by June 30, 1975, are entitled to be paid for one-fourth of their accumulated sick leave days; the maximum payment shall be one-fourth of fifteen days. Individuals who retired by June 30, 1976, are entitled to be paid for one-fourth of their accumulated sick leave days up to a maximum of thirty accumulated days. Individuals who retire by June 30, 1977, are entitled to be paid for one-fourth of their accumulated sick leave days, up to forty-five days. The maximum number of days on which the retirement benefit will be paid until the one hundred and twenty days is reached is listed in the following schedule:

Year

Max. Days Accumulated

Max. Days Paid At Retirement

June 1977

45

11.25

June 1978

60

15.00

June 1979

75

18.75

June 1980

90

22.50

June 1981

105

26.25

June 1982

120

30.00

For purposes of determining the retirement benefit the following schedule shall be used. Individuals on nine, ten, eleven , or twelve-month contracts shall have their salary divided by the respective number of months they are under contract. This monthly salary shall in turn be divided by twenty-two to determine the per diem rate for calculating retirement benefits. The payment of sick leave under this policy eliminates all leave credit of the faculty member at the time of retirement and payment will be made only once to any individual. Sick leave conversion does not apply to any termination or separation other than retirement. An employee who returns to the university service after retiring may accumulate and use sick leaves as before, but may not (under state law) convert the unused sick leave at the time of the second retirement.

(F) Record keeping. The university will establish and maintain a process to assure accurate records associated with this sick leave policy.

Effective: 3/14/2015
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15
Prior Effective Dates: 3/16/1978

3337-3-33 Policy for ownership and utilization of university-sponsored educational materials.

To provide a policy governing the ownership and utilization of university-sponsored educational materials.

(A) Introduction. It is the policy of Ohio university to encourage educational innovation and experimentation in the use of techniques which improve instructional effectiveness and efficiency. To this end, the university has several offices which support and assist in the development and improvement of educational materials. The university recognizes the merit of developing improved educational materials. Such contributions rank high when matters of salary, promotion and work load are considered. All such activities are regarded as scholarly research or as service to the university.

(B) Definition of university-sponsored educational materials.

(1) Educational materials are university-sponsored only when:

(a) a faculty or staff member's responsibilities specifically include a written assignment that such materials are to be produced or

(b) when a special contract for such production has been made. These contractual arrangements are appropriate:

(a) If the author(s) will use in his/her developmental work without charge to him/her, the equipment, materials, and staff services of Ohio university which assist in the development of educational materials; or

(b) If the author(s) will receive support in the form of money, released time, or other resources from a department, a college, or any other unit of the university; or

(c) If the author(s) will be commissioned by the university or one of its colleges, school, departments or units to develop the materials and in their production, will use some part of the time for which he/she will receive compensation from university support budgets, grants, contract budgets administered by the university, or budgets based on special legislative appropriations.

(2) Educational materials to which this policy is applicable include, but are not limited to, productions such as video or audio recordings, motion pictures, slides, transparencies, charts, film strips, programmed and self-instructional materials, and computer programs.

(3) Educational materials to which this policy does not apply include non-university sponsored materials, such as textbooks or related printed instructional materials, e.g., study guides and instructor's manuals, and printed materials such as monographs, book or journal articles prepared for the purposes of disseminating scholarly research.

(C) Ownership.

(1) The developer(s) or author(s) of the educational materials they produce are the sole and exclusive owner of the literary, scholarly, or creative idea and concept involved in the educational materials. The developer(s) or author(s) are responsible for warranting the originality of the idea or concept and that such use is not improper; and they will be responsible for seeking and obtaining all necessary releases, permissions, and authorizations for use of any nonoriginal material.

(2) The university retains the ownership, subject to paragraphs (D)(E) of this rule over the actual tangible university-sponsored educational material so produced, unless there is a contractual arrangement between the university and the developer(s) or author(s) granting to the latter ownership rights in the actual tangible educational material.

(3) A contract employee may enter into a contract relationship with his/her senior officer regarding the creation, ownership, use, remuneration, or any other matter relating to educational materials no£ consistent with this policy.

(D) Internal use. The design and development of university-sponsored educational materials does not change the basic privileges of academic freedom. The author has the same degree of autonomy and freedom in selecting content, organizing its presentation and otherwise managing courses that use university-sponsored materials as pertains to all other courses. The entire university community will have access to university-sponsored educational materials unless their use is restricted agreement.

(E) External use. University employees, sponsoring departments or regional campus divisions primarily involved in the preparation of materials distributed externally will share in any net income received from the sale or rental of these materials,. All duplication and distribution costs will be returned to the university before the net income from sale or rental is distributed. The actual distribution of compensation for external use should be determined on a case by case basis for prior to the initiation of the project, using a formula such as the one recommended below.

Author

Sponsoring Department or Regional Campus Division

Instructional Development Fund

50%

25%

25%

It is recognized that grant-funded materials may require external distribution in a manner specified by the granting agency.

(F) Educational materials require periodic review and revision. The agreement between the author(s) and the university will not use the materials until they have been reviewed. If the material is being used exclusively by the author(s), determination of its use beyond the specified utilization period is his/her responsibility. If the material is being used by others within the university, its use beyond the terms of the agreement will require written approval of the author(s).

Effective: 3/14/2015
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15
Prior Effective Dates: 3/16/1978

3337-3-35 Patent policy.

(A) Patentable discoveries sometimes result from research performed at Ohio university. It is the desire of the university to be as helpful as possible in protecting the patent rights of the faculty and researchers, students and employees, to the fullest extent compatible with the public interest and the rights of the university. To this end the university has set up a patents committee and has contracted for the patent management services of the "Research Corporation" and of the "Battelle Development Corporation" and has authorized the hiring of patent attorneys to file patent applications.

(B) Section 3345.14 of the Revised code, the state law governing patent rights of Ohio university personnel states:

(1) "Rights to discoveries or inventions to be property of university or center; disposition of income therefrom. All rights to and interests in discoveries or inventions, including patents thereon which result from research or investigation conducted in any experiment station, bureau, laboratory, or research facility of any state college, university, or agricultural research and development center shall be the sole property of such college, university, or center. No person, firm, association, corporation, or governmental agency which uses the facilities of such college, university, or center in connection with such research or investigation and no faculty member, employee, or student of such college, university, or center participating in or making such discoveries or inventions, shall have any rights to or interests in such discoveries or inventions, including income therefrom, except as may, by determination of the board of trustees of college or university, or by determination of the board of- control in case of such center, be assigned, licensed, transferred, or paid to such persons or entities. As may be determined from time to time by the board of trustees of any state college, university, or by the board of control in case of the agricultural research and development center, the college or university, or center may retain, assign, license, transfer, sell, or otherwise dispose of, in whole or in part and upon such terms as the board of trustees or board of control may direct, any and all rights to, interests in, or income from-any such discoveries, inventions, or patents which the college, university or center owns or may acquire. Such dispositions may be to any individual, firm, association, corporation, or governmental agency, or to any faculty member, employee, or student of the college, university, or center, as the board of trustees or board of control may direct. Any and all income or proceeds derived or retained from such dispositions shall be applied to the general or special use of the college, university, or center, as determined by the board of trustees of such college, university, or by the board of control in the case of such center. History: 129v1665, 1 (effective October 26, 1961); 131vII 64, 1, effective July 28, 1965."

(2) The board of trustees of Ohio university, on April 17, 1962, authorized the president of Ohio university, "to assign, license, or transfer to any government agency furnishing funds for research and investigation, any discoveries or inventions including patent rights thereon, resulting from investigation, or research supported in whole or in part by the said government agencies, providing the president finds it advisable to assign these patent rights in order to obtain the contract", and on January 29, 1965, "to assign, license, or transfer to any individual, firm, association, corporation, or governmental agency furnishing funds for research and investigation, any discoveries or inventions including patent rights thereon, or any portion of patent rights, resulting from investigation, or research supported in whole or in part by said individual, firm, association, corporation, or governmental agency, providing the president finds it advisable to assign these patent rights or portion of the patent rights in order to obtain the contract".

(C) For purposes of classification under this policy, the following types of research and development efforts are recognized.

(1) Wholly supported by Ohio university as to time, facilities and equipment.

(2) Partly supported by Ohio university as to time and/or facilities and/or equipment.

(3) Not supported by Ohio university as to time or facilities.

(4) Government supported contract research and development.

(5) Government and university jointly supported contract research and development.

(6) Privately supported- contract research and development.

(7) Jointly supported by Ohio university and private sources.

(8) Government supported grants.

(9) Private grants.

(10) Ohio university supported grants.

(11) Other.

(D) The rights of the inventor in each of the support situations outlined in three above shall be determined as follows:

(1) When support is wholly by Ohio university, the university shall at its option, process the discovery through its patent management agencies, or through other agencies not specified in paragraph (A) or permit the inventor to process his discovery or publish it to safeguard the public interest.

(2) When Ohio university support has been fifty per cent or more or over two thousand dollars in fair value paragraph (D)(1)(above) applies. Otherwise, as in paragraph (D)(3).

(3) When Ohio university has contributed neither time nor facilities nor equipment the idea may, at the option of the inventor, be submitted to the patent management agency with the stipulation that action must be taken within six months or the invention will revert to the inventor on his request. Otherwise, the idea is and remains the property of the inventor. It is his prerogative to patent, sell, license, or otherwise utilize as he may choose.

(4) Government supported contract research shall be treated as in paragraph (D)(1) where the contract permits and with such exceptions as are required by the contract.

(5) As in paragraph (D)(4)(above).

(6) As specified in the contract.

(7) As specified in the contract.

(8) As specified in the grant.

(9) As specified in the grant.

(10) As specified in the grant.

(11) To be determined on the basis of prior agreement and/or by action of the director of research in consultation with the patent committee.

(E) The inventor's share.

(1) In cases covered by paragraph (C)(1) and (D)(1) (above), if the university elects to have the invention processed by either of its patent management agencies the inventor shall receive fifteen per cent of the gross in case per cent of the net (fifty per cent of the university share) in case "Battelle Development Corporation" is used. If the university elects to act as its own patent management the inventor shall have the option either to receive twenty-five per cent of the net returns after payment of the cost of prosecuting domestic and foreign patents, the cost of work to develop the invention and the cost managing the patent or fifteen per cent of the gross royalties. If the university chooses to let the inventor process his own idea, the inventor shall retain ninety per cent of the' net proceeds. If the discovery or invention is processed by agencies not specified in paragraph (A), fifty per cent of the net proceeds to the university will constitute the inventor's share. If the invention results in a joint disclosure by a member of the faculty and a student, the royalty income due under one of the specified options shall be divided two-thirds to the faculty member and one-third to the student unless mutually agreed otherwise by the faulty member and the student.

(2) In the cases covered by paragraphs (C)(2) and (D)(2)(above) the director of research will determine (and if necessary submit to the patent committee for arbitration) the per cent of support from Ohio university. The inventor shall in case "Research Corporation" handles the patent, receive fifteen per cent of the gross plus a per cent of the proceeds to the university corresponding to his share of the support as determined above. If he bears the expense of processing, he shall receive ninety per cent of the net after repayment of the university support. If the discovery or invention is processed by agencies not specified in paragraph (A), fifty per cent of the net proceeds to the university will constitute the inventor's share.

(3) In the case of no university support, as in paragraphs (C)(3) and (D)(3)(above), if the inventor elects to use the Research Corporation as patent management agency, he shall receive fifteen per cent of the gross plus eighty per cent of the university share. If Battelle Development Corporation's the agency he shall receive forty-five per cent of the net. If he elects to process his own idea he shall receive one hundred per cent (Ohio university will make no claims).

(4) These cases, covered in paragraphs (C)(4) to (C)(10) and paragraphs (D)(4) to (D)(10)(above) shall be determined by the contract or grant or by the appropriate paragraph (E)(2), or (E)(3) where the contract or grant permits.

(5) Cases falling under paragraphs (C)(11) and (D)(11)(above) will be determined by action of the director of research in consultation with patent committee.

(6) In all cases falling under paragraphs (C) and (D) the inventor or discoverer will receive one hundred per cent of any finder's fee offered by the patent management agency.

(F) Administration of the patent policy.

(1) The control of patents is vested in the board of trustees of Ohio university by law.

(2) In the board of trustees meeting held on December 12, 1968 the following resolution was adopted:

"Whereas, section 3345.14 of the Ohio Revised Code vests in the Ohio university all rights to and interests in discoveries or inventions including patents thereon which result from research or investigation conducted in any experimental station, bureau, laboratory or research facility of Ohio university, and; Whereas, the board of trustees of Ohio university deem it desirable to encourage members of the student body, academic and administrative staff to engage in research and investigation, and;

Whereas, the board-of trustees believes that such interest and activity by members of the student body, academic and administrative staff can best be encouraged by recognizing that the person responsible for the development of a discovery or invention including patents thereon should participate in the financial rewards incident to the development, sale, assignment, transfer and/or distribution of the discovery or invention, and;

Whereas, the board of trustees are aware that the research and development projects of the university, its students, employees, agents and representatives are numerous, and;

Whereas, the position of the director of research has been established at Ohio university. Now, therefore, be it hereby resolved, that the board of trustees hereby determines that it desires to encourage members of the student body, academic and administrative staff in connection with their research and development activities and desires to permit the assignment, license, transfer or sale of rights and interests in the discoveries and inventions including patents thereon that may result from the activities of members of the student body, academic and administrative staff.

And be it further resolved, that the power, authority, and responsibility of the board of trustees of Ohio university as defined in section 3345.14 of the Ohio Revised Code be and the same hereby is delegated and confided in the director of research of Ohio university, subject, however, to the following:

(a) The developer, inventor or other person either a member of the student body or on the academic or administrative staff responsible for any discovery or invention including patents thereon shall have a right of participation in the financial rewards incident to the sale, assignment or license to use such discovery or invention including patents thereon in some reasonable amount as determined by the director of research.

(b) The Ohio university shall retain a right of participation in the financial rewards incident to the sale, license, assignment or transfer of rights to or interest in any discovery, invention or patents thereon which may hereafter be developed by members of the student body, academic or administrative staff.

(c) The director of research is hereby given and granted the authority to contract with respect to, to sell, assign, license or transfer rights in and to discoveries and/or inventions and the patents thereon and to determine the division of the income or sale proceeds generated thereby as between the university and the originator or inventor of the discovery or patentable matter.

(d) The director of research shall make a report to the board of trustees once each calendar quarter in which he would set forth all actions by him taken or authorized by him, pertaining to this grant of authority,' during the preceding quarter and failure of the board of trustees to direct a revision, recision amendment or other change in connection with the matters reported upon within sixty days of the receipt of such report, shall cause the same to become binding and obligatory upon the board of trustees of the Ohio university with respect to the matters covered therein."

This resolution delegates to the director of research the authority to negotiate and contract for the sale or licensing of inventions and to determine the division of income between the university and the inventor.

(3) The director of research shall appoint a committee on patents consisting of seven members, four from the faculty, one graduate student and two from administration to study ideas for patentable, inventions and make recommendations to the director of research.

(4) Disclosures must be submitted in writing to the director of research and will be acknowledged in writing by him within thirty days.

(5) At monthly intervals after the submission of a disclosure, the inventor is to be informed in writing by the director of research about the progress and disposition of his idea. If the university takes no action within a six-month period the invention shall become the property of the inventor.

(G) Personnel patent agreement. Each employee of the university who is involved in a project that might become patented is asked to sign an agreement embodying the patent policy of the university as stated.

Effective: 3/14/2015
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15
Prior Effective Dates: 3/16/1978