Chapter 3341-5 Administrative Staff Policies

3341-5-01 Accident reporting policy.

(A) Policy statement and purpose

To set out the university policy governing accident reporting by university faculty, employees and students.

(B) Policy

For any serious accident or injury that occurs on campus or as a part of an employee's work assignment. 911 is to be called. Any employee (faculty or staff) injury or campus accident, regardless of the judged severity, is expected to also be reported to environmental health and safety on the main campus or the office of budget and operations on the Firelands campus. Employees are to report injuries and/or accidents using the injury report form. This form, complete with all required signatures, is to be submitted within twenty-four hours of the accident and/or injury, environmental health and safety will conduct accident and injury investigations as needed.

Date: January 1. 2014

Effective: 3/17/2015
Promulgated Under: 111.15
Statutory Authority: 3345
Rule Amplifies: 3345

3341-5-02 Acting/interim appointment.

(A) Policy statement and purpose

The standard practice for filling vacant administrative positions at Bowling Green state university is to conduct as broad a search as possible, to attract the best qualified candidates, and to comply with the spirit and letter of equal employment opportunity legislation. In those situations where circumstances prohibit the utilization of a search process, an alternative staffing strategy is the appointment of an acting/interim replacement until an appropriate search can be conducted.

Situations that require appointing an individual in an acting or interim capacity represent an ideal opportunity to utilize women, minorities, veterans and the disabled in positions of increased responsibilities for both evaluative and professional developmental purposes. Strong efforts should be made to ensure that acting/interim appointments fulfill the university's goal of achieving a culturally diverse working and learning environment.

The purpose of this policy is to establish uniform procedures definitions and guidelines for the selection of acting and interim appointments at Bowling Green state university.

(B) Policy definitions

(1) Acting: A temporary appointment to a position vacated by an incumbent who is expected to return to the position at which time the acting appointment will return to his/her former position.

(2) Interim: A temporary appointment to a vacant position until a permanent appointment is made.

(C) Policy

(1) Procedures

(a) A written request with the rationale explaining the extenuating circumstances that prohibit a department or office from conducting a formal search should be placed in writing and forwarded to the appropriate vice president or as necessary, to the president for approval. The rationale should identify the candidate(s) in consideration (if any).

(b) If approved by the vice president the request shall be forwarded to the president for review along with appropriate paperwork (e.g., new contract, addendum, announcement, resume, position authorization and appointment activity record), if necessary.

(c) After review and approval, the initiating department may extend the offer to the appointee.

(2) General provisions

(a) The president, vice presidents or deans are authorized to make acting and interim appointments with or without an internal search process.

(b) Interviews may be conducted if more than one individual is in consideration for an acting or interim appointment.

(c) Acting and interim appointments shall be made in accordance with affirmative action guidelines.

(3) Duration of appointments

The length of an acting or interim appointment should normally be one year.

(4) Restrictions

Individuals serving an interim appointment shall be restricted from participating in the search committees.

(5) Contracts

Individuals selected or appointed to an acting or interim appointment shall receive a contract addendum or receive a new contract that clearly outlines the terms and conditions of employment (e.g., salary, title etc.).

If an interim appointee is restricted from applying for the permanent position for any reason, this stipulation should be clearly explained to the individual and written into the employee contract.

Date: January 1, 2014

Effective: 3/17/2015
Promulgated Under: 111.15
Statutory Authority: 3345
Rule Amplifies: 3345

3341-5-03 Administrative staff compensation.

(A) Policy statement and purpose

In order for Bowling Green state university (BGSU) to attract and retain qualified administrative staff employees, it is BGSU's policy to maintain fair and competitive grade levels and pay ranges without regard to race, sex, sexual orientation, color, national origin, ancestry, religion, age, marital status, disability, status as a special disabled or Vietnam-era veteran, or genetic information.

(1) The purpose of the administrative staff compensation plan is to establish a system that reflects:

(a) Relationships between positions and their worth

(b) The principles of equitable compensation

(c) Competition with the external employment market

(2) Policy scope

These policies and procedures apply to all occupied administrative staff positions and supersede all previous written or unwritten practices. The ongoing responsibility for the administration of the administrative staff compensation plan (plan) is assigned to the chief human resources officer.

(a) Objectives

It is the intent of the administrative staff compensation plan to

(i) Administer the plan in accordance with the general policies of the university

(ii) Provide a compensation plan that is internally equitable (as determined by comparing similar university positions) and externally competitive with the market. When appropriate, this plan will be determined by comparing salary ranges within the university with salary ranges for similar positions outside the university.

(iii) Ensure equitable compensation for positions requiring similar educational levels, experience levels, skills, effort, working conditions, and levels of responsibilities

(iv) Ensure that the administration of the position evaluations and grade level assignments is consistent and uniform throughout the university

(v) Ensure that the administration of the position evaluations and grade level assignments is consistent and uniform throughout the university

(vi) Provide for a review process that will address inequities

(vii) Allow for the maintenance of competitive grade levels

(viii) Provide policies and procedures which ensure that the plan will be equitably and efficiently administered

(3) Policy definitions

(a) Administrative staff advisory team members

The administrative staff (AS) advisory team consists of sixteen administrative staff members selected by the administrative staff council (ASC) executive committee. Team members serve three-year terms (September" one August thirty -frist and with five or six new members joining the team each year. Team members must be inactive for one year after completion of their three-year term before they can be considered for re-appointment. If a committee member cannot complete his/her term. ASC's executive committee will appoint a member from the same functional area to complete the term. Membership to this committee should include representatives from all functional areas.

The team's primary responsibility is to collaborate with human resources in the re-evaluation of job analysis questionnaires (JAO). Human resources and past members of the administrative staff advisory team train team members to analyze, evaluate, and recommend a grade level (numeric ranking) for currently occupied administrative staff positions.

Each time an administrative staff position is re-evaluated, human resources selects four members from the team to participate in the process, attempting to rotate participation equally among members. One team member must be from the same vice-presidential area as the position being re-evaluated. The other three team members should be from different vice-presidential areas. If one member of the four-person team feels it is necessary to recuse him/herself the process can continue with a three-member team. If more than one team member wishes to be recused, a new team may be assigned. The chief human resources officer appoints two members of the human resource staff to serve as committee members.

Administrative staff team members also participate in the conciliation/appeals process, but individual team members may not participate in both the re-evaluation and the appeals process for the same position.

Administrative staff advisory team member rotation: The administrative staff advisory team consists of sixteen administrative staff members selected by the ASC executive committee for staggered three-year terms.

(i) Members will begin service on September one and serve for three years, ending on August thirty -frist.

(ii) Each year, five or six new members will be appointed to replace the five or six who are completing their service.

(iii) Membership to this committee should represent all of the functional areas. If the university structure changes, the next members appointed should address any committee inequities resulting from the new structure.

(iv) If a committee member cannot complete his/her term. ASC'S executive committee will appoint a member from the same functional area to complete the term.

(v) No members shall serve consecutive three-year terms.

(b) Grade level

The grade level is the numeric ranking of administrative staff positions from five to twenty-three

(c) Human resources/administrative staff advisory team (HR/AS advisory team)

Two members of the human resources staff and the four members selected from the administrative staff advisory team comprise the HR/AS advisory team. This combined team is responsible for analyzing, evaluating, and recommending a grade level whenever an occupied administrative staff position is re-evaluated.

(d) Job analysis questionnaire (JAO)

The job analysis questionnaire is the instrument used to describe the position responsibilities. This questionnaire is used by the HR/AS advisory team and/or human resources to determine the grade level of an administrative staff position based upon the level of knowledge and work experience, problem solving, impact on operations (the consequence of action and autonomy), communications (the degree of interaction and nature of contact), supervision and level of authority. The job analysis questionnaire must be completed in order for any administrative staff position to be created and/or changed.

(e) Pay range

The pay range is the compensation for a particular grade level. Each pay range has a designated minimum, midpoint, and maximum.

(f) President's compensation working group

The president's compensation working group is comprised of administrators appointed by the president. This group routinely reviews issues regarding the plan and decides the outcome of the appeals process.

(4) Policy

(a) New administrative staff hire

New administrative staff generally is hired between the minimum and midpoint of a grade level. A salary assigned above the midpoint requires prior approval by the vice - president, after consultation with the offices of human resources and equity and diversity.

(b) Upgrade

Definition: A position is re-evaluated and assigned to a higher-grade level as a result of significant expansion in the position's existing duties and responsibilities. The incumbent is guaranteed at least a five per cent increase in salary or the minimum salary for the new level, whichever is greater.

(c) Promotion

Definition: An incumbent moves from a position requiring a certain level of skill, effort, and responsibility to a position requiring a significantly greater degree of skill, effort, and responsibility. When an employee is promoted, she/he is guaranteed at least a five per cent increase in salary or the minimum salary for the new level, whichever is greater.

(d) Interim/acting positions

Definition: A staff member is assigned to a position on an interim/ temporary/ acting basis. If the assignment is longer than thirty calendar days and is in a higher grade level, the staff member receives a premium for the time served equal to at least a five per cent increase in salary or the minimum for the interim grade level, whichever is greater.

(e) Demotion

Definition: An incumbent staff member moves from a position requiring a certain level of skill, effort, and responsibility to another position in a lower grade level requiring a lesser degree of skill, effort, and responsibility. When a demotion occurs, the incumbent's salary is reduced to a level in the lower pay range equivalent to his/her level in the original pay range. (Approved by board of trustees, September 13, 1996) The president, in consultation with the vice-president and human resources, must approve any exceptions to this policy.

(f) Downgrade

Definition: A position is reassigned to a lower grade level as a result of significant reduction in the position's existing duties and responsibilities. When a position downgrade occurs, the incumbent's salary is reduced to the level in the lower pay range equivalent to his/her level in the original pay range. The president, in consultation with the vice-president and human resources, must approve any exceptions to this policy.

(g) Transfer

Definition: An incumbent staff member moves from a position requiring a certain level of skill, effort and responsibility to another position requiring the same degree of skill, effort, and responsibility that is assigned to the same grade level. When a transfer occurs, normally the incumbent's salary will not be adjusted. The president, in consultation with the vice-president and human resources, must approve any exceptions to this policy.

(h) Market exceptions

Definition: A market exception is a special salary premium established for particular positions when unusual market conditions exist, causing excessive turnover, salary midpoints well below market average, and/or failure of current salary to attract qualified candidates. A special market salary premium may be paid for these positions.

(i) Pay above maximum

Administrative staff salaries are capped at the maximum or above the maximum of a pay range. However, staff members whose salaries are currently at or above the maximum are exempt for a period of three years. Effective July 2000, the salaries of any staff still above maximum MAY be frozen until such time as those salaries are within his/her range. If, at any time during the three years, a staff member's salary should fall within range, the exemption ceases to apply to that staff member and the capped maximum will be enforced.

Staff at the maximum will be considered for a merit increase not to exceed the per centage adjustment of the pay range.

Staff above the maximum is eligible each year for a one-time, merit-based bonus not to exceed the per centage of the salary pool designated for merit each year. This will occur only when the board of trustees authorizes bonuses and will not be added to base salaries.

(j) Progression through the pay range

Definition: Progression through a pay range is the method by which an incumbent moves through his/her assigned pay range. Staff progress through pay ranges based on meritorious performance.

(k) Title revision

Title changes may be requested to more accurately reflect position responsibilities. A job analysis questionnaire is completed and forwarded to human resources in accordance with established procedures. If the proposed title accurately reflects the responsibilities, the HR/AS advisory team may recommend that the title be changed regardless of any change in the grade level. No title change occurs without approval from the supervisor, vice-president, and human resources.

(l) Salary range adjustments

Effective 1997-98, the ranges for each grade level will be adjusted in a three-year recurring cycle. In the first two years of the cycle, the pay range of each grade level will move up annually by an amount that is one per cent less than the average salary increase paid to staff that year. Every third year beginning with 1999-2000, the university will re-evaluate the ranges in light of current market conditions, as well as other relevant factors, and adjust the ranges in accordance with that re-evaluation.

(m) Administrative compensation plan position evaluation/re-evaluation processes

The position evaluation process is the method by which positions are evaluated against a uniform set of criteria and assigned to established grade levels and appropriate pay ranges. Human resources conducts the evaluations for new positions. Human resources and the administrative staff advisory team jointly conduct the re-evaluation of occupied positions. Re-evaluation occurs when initiated by the incumbent, the supervisor(s), or human resources. It is anticipated that re-evaluation initiated by the incumbent or the supervisor(s) for a specific position will occur no more than once every two years. Position evaluations/re-evaluations are normally completed in twelve weeks from the time the job analysis questionnaire is submitted to human resources unless there is an agreement to extend the timelines and all parties are informed.

(i) Positions are evaluated when one of the following occurs:

(a) A new position is created. A supervisor, area head, dean, vice-president, or president/designee, in consultation with human resources, is responsible for submitting a completed job analysis questionnaire to human resources.

(b) A position becomes vacant. A supervisor, area head, dean, vice-president, or president/designee in consultation with human resources is responsible for submitting a completed job analysis questionnaire to human resources.

(ii) Positions are re-evaluated when one of the following occurs:

(a) A significant change in responsibilities occurs or is proposed in existing positions. Re-evaluations are initiated by the incumbent or the supervisor submitting a completed job analysis questionnaire to human resources.

(b) Reorganization occurs. Re-evaluations are initiated by an area head, dean, vice-president, or president/designee prior to the reorganization and in consultation with human resources. Reorganization may result in significant changes in position responsibilities.

(iii) Re-evaluation process for administrative staff positions initiated by the incumbent and/or supervisor:

(a) The initiator completes the job analysis questionnaire that is found on human resources web site. The criteria used in the grading process are also on this web site. If the initiator is the employee, the completed job analysis questionnaire is forwarded to both the immediate supervisor and the second-level supervisor for signature and comment. When an initiator is a supervisor, area head, or vice-president, the supervisor meets with the incumbent to discuss position responsibilities and obtain signatures on the job analysis questionnaire. The supervisor comments, signs, and forwards the job analysis questionnaire to the second-level supervisor. Supervisor and employee retain a copy.

(b) Upon receipt of the job analysis questionnaire, the second-level supervisor evaluates, comments, signs, and forwards the job analysis questionnaire to human resources.

(c) Upon receipt of the completed job analysis questionnaire, human resources logs in the job analysis questionnaire, notifies the initiator, and begins a tracking/timeline. Human resources review all documents for completeness, gathers additional information as needed, and distributes the documents to the HR/AS advisory team. Any changes, additions, or deletions made to the job analysis questionnaire by human resources must be forwarded to the employee and supervisor.

(d) The HR/AS advisory team analyzes, evaluates, and recommends a grade level based on the established criteria. In the event the HR/AS advisory team requests additional information, human resources gathers the additional information and forwards it to the team.

(e) Human resources forwards the results of the re-evaluation to the immediate supervisor and the appropriate vice-president for consideration. If the position reports directly to the president, it is forwarded to the president/designee for consideration.

(f) After input from the immediate supervisor and/or the secondary supervisor, the vice-president or president/designee reviews all documents and forwards a written decision about the position to human resources

(g) Immediately following the vice-presidential or presidential/designee decision, Human resources forwards copies of the re-evaluation results, including documentation that supports the committee's recommendation to the employee and the appropriate supervisory structure.

(h) Administrative staff and/or initiators who do not agree with the determination may meet with human resources and, if appropriate, the immediate supervisor for further explanation. If there is still no agreement, the staff member and/or initiator may follow the conciliation/appeals process.

(n) Conciliation/appeals process

The purpose of the conciliation/appeals process is to ensure prompt resolution of disagreements regarding the results of position re-evaluations and subsequent placement in the plan.

(i) There are three steps in the process:

(a) Conciliation meeting

(b) Appeals board

(c) Presidential appeal

(ii) Conciliation meeting

The conciliation meeting, facilitated by the chief human resources officer/designee, provides the initiator of the conciliation process and the vice-president with an opportunity to resolve the complaint in a collaborative, informal fashion. If the position reports directly to the president, the president/designee will participate in the conciliation process. Participants in the meeting include:

(a) Employee

(b) Immediate supervisor

(c) Vice-president or president/designee

(d) Chief human resources officer/designee

(e) ASC review team member from the initial re-evaluation team

The process is normally completed within four weeks unless there is an agreement to extend the timelines and all parties are informed.

(iii) Appeals board

The appeals board provides the initiator of the appeals process an opportunity to achieve resolution through the involvement of administrative staff in reviewing the appeal and making recommendations to the president's compensation working group. The appeals board consists of five members of the administrative staff advisory team who have not been involved in the re-evaluation or conciliation process. Human resources is available as a resource.

The process is normally completed within sixteen weeks unless there is an agreement to extend the timeline and all parties are informed.

(iv) Presidential appeal

Within seven calendar days of receiving the decision of the president's compensation working group, the initiator or vice-president appeals in writing to the president or his/her designee. The designee cannot be from the initiator's vice presidential area, human resources, or president's compensation working group. If the position reports directly to the president, the president appoints a designee for this process. Within thirty calendar days after receiving the appeal, the president or designee makes a decision and notifies in writing the initiator, supervisor, vice-president, president's compensation working group, and human resources.

The decision of the president or designee is final.

Date: January 1, 2014

Effective: 3/17/2015
Promulgated Under: 111.15
Statutory Authority: 3345
Rule Amplifies: 3345

3341-5-04 Administrative staff notice.

(A) Policy statement and purpose

To define the policy and procedure for the notification of non-renewal of a contract of an administrative staff employee.

(B) Policy

(1) Appointments to full or part time administrative staff positions are considered to be on going unless:

(a) The contract states the contrary.

(b) Termination of the contract with appropriate notice of non-renewal. An administrative appointee not to be continued in his/her position shall be informed:

(i) For individuals with ten years or more of consecutive service to the university: one hundred eighty days notification, including weekends and holidays

(ii) For individuals with six to ten years of consecutive service to the university: ninety days notification, including weekends and holidays.

(iii) For individuals with three to six years of consecutive service to the university: sixty days notification, including weekends and holidays.

(iv) For individuals with less than three years of consecutive service to the university: forty-five days notification, including weekend and holidays.

(v) For individuals hired after July 1. 2009: thirty days notification, including weekends and holidays.

(2) Except for new employees under paragraph (B) of this rule who shall never be entitled to more than thirty days advance notice of non-renewal, an administrative staff employee shall receive the amount of notice of non-renewal commensurate with the employee's length of continuous, uninterrupted employment with Bowling Green state university. The length of service shall be determined as of the effective date of the notice of non-renewal, not as of the effective date of termination of employment.

(3) The employment of an administrative staff employee whose position is funded by grant(s) shall be conditional upon the continuing receipt of grant funds by BGSU. In the event the grant funding subsidy shall become unavailable to BGSU that individual's employment shall cease upon the cessation of funding and the employee shall be entitled to no advance notice of termination

(4) Recommendations for non-renewal will be made by the area head to the appropriate contracting officer whether president, appropriate vice-president or dean. The contracting officer will issue the notice of non-renewal.

(5) Release.

Release may be affected in case of financial exigency. If financially possible the staff member concerned will be given thirty calendar days notice including weekends and holidays, prior to the date of release.

(6) Termination for cause.

(a) An administrative staff member may be terminated for cause at any time for the following reasons;

(i) Conviction of a felony;

(ii) If credentials are proved to be fraudulent;

(iii) Failure to perform duties and services (as identified in the appointed position or title and/or as may be assigned or changed) to the satisfaction of the staff member's immediate supervisor;

(iv) Or for incompetency, inefficiency, dishonesty, drunkenness, possession or use of illegal drugs, immoral conduct, insubordination, neglect of duty, violation of university policy, or any acts of misfeasance, malfeasance, or nonfeasance in office.

(b) Nothing in this section will prohibit a disciplinary action of suspension for cause.

Date: January 1, 2014

Effective: 3/17/2015
Promulgated Under: 111.15
Statutory Authority: 3345
Rule Amplifies: 3345

3341-5-05 Administrative staff performance-based merit system.

(A) Policy statement and purpose

To set out the rules for the merit based compensation review of administrative staff.

(B) Policy

A number of important principles must form the foundation for an effective performance appraisal process and for the equitable distribution of salary increment awards. A performance-based merit system for awarding employee salary increases provided such a system is fair, equitable, and firmly grounded on these principles. Merit means a salary increment that is allotted for performance of duties that meets or exceeds unit expectations. The following principles underlie an effective performance-based merit system:

(1) An effective merit system should promote employee recruitment and retention, adequately reward conscientious performance of normal duties and responsibilities, and provide incentives that encourage distinguished, innovative and creative achievements to meet unusual challenges and opportunities when they arise.

(2) A salary system should be designed to promote internal salary equity (based upon the administrative staff compensation plan) as well as external salary equity (based upon salary comparisons among individuals in similar positions from similar universities, colleges or departments). The institution should monitor and ensure that employee salaries continue to be commensurate with individual employee's skills, abilities, and experience.

(3) A performance-based merit system may include a component of peer-review when appropriate. Appropriateness will be determined by and subject to review and approval of the president or area vice president.

(4) A performance-based merit system should engender the type, quantity, and quality of performance that contributes to the achievement of institutional and unit missions and goals. The reward system also needs to account for a variety of ways that an employee may support these missions and goals.

(5) A performance-based merit system needs to establish a clear connection between employee performance and reward. Meritorious performance should be rewarded in tangible ways. A department or unit must clearly identify the normal expectations and performance standards that are expected of all staff. Through this process, indicators must be identified for performances that fall below standard expectations for merit as well for those types of achievements that surpass the unit's standard expectations.

(6) The performance appraisal process should provide employees with constructive comments that enable them to develop professionally and make improvements in performance.

(7) A performance-based merit system must avoid trivializing the system by spreading merit too thinly and thus minimizing the impact of any incentive awards given.

(8) Even the best annual review systems may produce salary inequities or may fail to appropriately reward contributions or performances spread over longer periods of time. Thus, an annual merit review system needs to be supplemented by periodic five-year comprehensive reviews on a rotating schedule.

(9) A performance-based merit or salary reward system should foster cooperation among staff, should reward individuals for collaborative efforts and should generate wide support and general satisfaction on the university campus.

(10) Both the performance-based merit system and the performance appraisal process will be reviewed annually by administrative Staff (counsel, which will make recommendations for modification as appropriate.

(C) Bowling Green state university will adopt a performance-based merit reward system based on these principles.

(1) Principles

(a) Each year, the university should identify, review and address employee salaries which may be inequitable. Funds should be made available on a regular, on-going basis to correct salary inequities, make market adjustments and salary adjustments deemed appropriate following comprehensive reviews of employee performance and salary, and to support raises for promotions. These funds should not be considered part of the annual merit pool

.

(b) To establish a clear connection between employee performance and reward, meritorious performance should be rewarded in tangible ways. Each employee will have a performance appraisal form plan with specified performance indicators to be rewarded.

(c) A performance-based merit system must be administered openly and reliably. Thus, changes in evaluation and merit pay criteria must be completed before the new contract year, i.e., before June thirtieth of the prior contract year. To ensure that employees can contest unfair merit assessments, timely disclosures of merit performance evaluations are necessary. Continual dialogue between the supervisor and the employee about progress towards goals is essential.

Time deadlines

(i) Performance appraisal forms must be completed by May thirty-first of the prior contract year.

(ii) Evaluations must be completed and results shared with staff member by May thirty-first.

(iii) Merit criteria must be known prior to start of next contract year.

(iv) A supervisor will meet with employees between November fifteenth and January fifteenth for a dialogue on progress toward their annual goals. The supervisor will document at that time an employee's performance appraisal form which is falling below the satisfactory level. The supervisor will be expected to continue to engage in on-going dialogue with the employee to improve employee performance.

(d) A supervisor's merit evaluation will include an assessment of the completion of performance evaluations and merit pay recommendations for their staff on time. Failure to do so will be deemed performance below expectations.

(e) The office of human resources will review all annual performance evaluations and merit pay recommendations to ensure consistency and integrity. Issues concerning the process will be communicated to ASC-PWC on an annual basis.

(f) The annual merit allocations should be based upon the meritorious accomplishments over the past three-year period on a rolling basis, i.e., each year new information is added to the file for the most recent year and information for the oldest year is eliminated from the file. This will help to reduce inequities that can result from differences in the merit funds available each year and from fluctuations in performance that may occur from year to year.

(g) All employees will be evaluated in their annual performance reviews to determine their eligibility for merit. Merit eligibility is determined by the job performance of an employee, as assessed by the administrative staff performance appraisal form. Performing one's job at a satisfactory level and in a competent manner is the basis for merit pay. Given that an employee will qualify for a merit increase by meeting, as well as exceeding, unit standards, it is expected that very few employees will fail to qualify for merit.

(h) Any employee who does not qualify for merit in their annual performance review should not receive a salary increase. A professional development fund equal to the uniform per centage raise that would have been allocated to the individual, should be made available to the department or academic unit for employee development, with priority given to assisting employees who have failed to qualify for a merit increment.

(i) If the total merit pool for salary increments in a given year is three per cent or less, all employees who qualify for merit in their annual performance reviews will receive the same per centage increase in salary.

(j) If the total merit pool for salary increments in a given year is more than three per cent but less than five per cent, it will be allocated according to the following guidelines:

(i) Three per cent of the total salaries of employees shall be allocated as a three per cent increase in salary to all employees who qualify for merit based on their annual performance reviews.

(ii) The remaining difference between the total merit pool and the three per cent of the total salaries of the administrative staff shall be allocated to departments and units for recognition of those employees whose level of performance exceeds department or unit expectations as defined by the merit policy of the department or unit.

(k) If the total merit pool is five per cent or more, it will be allocated according to the following guidelines:

(i) Sixty per cent shall be allocated to departments/units to be used as an equal per centage increase in salary to all employees who meet or exceed department/unit expectations and thereby qualify for merit in their annual performance reviews.

(ii) Forty per cent shall be allocated to departments/units for recognition and reward of those employees whose level of performance exceeds department/unit expectations as defined by the merit policy of the department/unit.

Date: January 1, 2014

Effective: 3/17/2015
Promulgated Under: 111.15
Statutory Authority: 3345
Rule Amplifies: 3345

3341-5-06 Staff company seniority date and vacation benefits service.

(A) Policy statement and purpose

To define the two dates used in the system for the purpose of calculating staff awards and determining the years of service used in awarding classified staff vacation accruals

(B) Policy

(1) Vacation benefits

Service date: is used for the purpose of determining years of service for full time and/or part time classified staff vacation accruals. A year of service is defined as non- student active employment with any agency or subdivision of Ohio. Time spent on authorized leave of absence (twelve months or less) followed by reinstatement is counted. Time spent in the military service or the Ohio national guard prior to becoming a public employee is also counted. '

Hours worked at BGSU as an intermittent employee, administrative staff time, a non-student letter of appointment (NLSA) and/or someone who worked as a faculty member shall be identified as active employment with an agency or subdivision of Ohio and counted for years/hours of service for the purpose of vacation accruals, when successfully hired into a full time and/or part time classified staff position eligible for vacation accrual.

Hours worked will be converted in service credit hours, days, months and years and reflected on the benefits service date. The benefit service date will be updated in the system at the time of hire into a classified job for which vacation accrual is applicable.

(2) Company seniority date;^ is used for the purpose of recognizing staff with

increments (i.e. five ten fifteenetc.) or more years of consecutive service to Bowling Green^stafe university. For all administrative and classified staff member hired on or after July 1. 2005. university service is based on consecutive permanent full-time and part-time employment of each staff member.

(3) Additional information:

Employment periods not included in the service awards calculations are:

(a) Student employee position

(b) Graduate assistantship or internship

(c) Intermittent classified position

(d) On call classified position

(e) Non student letter of appointment

(f) Part time faculty appointment (includes fall, spring, and summer semesters)

(g) Other temporary positions

Any breaks in service and rehire in permanent positions will result in years of service starting on the first day of rehire back to the institution. Also, transferring between accruing classes does not affect service time (e.g. moving from administrative to classified position. For all administrative and classified staff members hired prior to July 1, 2005, the office of human resources will consider the inclusion of prior temporary service time to BGSU as well as periods of employment to the institution that are separated (e.g. rehire)

Date: January 1, 2014

Effective: 3/17/2015
Promulgated Under: 111.15
Statutory Authority: 3345
Rule Amplifies: 3345

3341-5-07 Consensual amorous relationships policy.

(A) Policy statement and purpose

Bowling Green state university (BGSU) promotes an atmosphere of professionalism based on mutual trust and respect. The integrity of interaction among faculty, staff, and students must not be compromised. Consensual amorous relationships between persons having an evaluative, supervisory, or decision-making relationship present an inherent risk of a conflict of interest. The purpose of the consensual amorous relationship policy is to define consensual amorous relationships and to define the circumstances when these relationships are impermissible at BGSU and may subject individuals involved to discipline appropriate to the circumstances.

(B) Definitions

(1) Adjunct faculty:

A part-time faculty member who provides instructional service to the "iiniversity, but who is not regularly or continuously on the faculty.

(2) BGSU community:

Faculty, adjunct faculty, faculty administrators, staff members, students, and vendors.

(3) Consensual amorous relationships:

For purposes of this policy, a consensual amorous relationship is one involving individuals who mutually and consensually understand a relationship to be romantic and/or sexual in nature and where one of the individuals is in an evaluative or supervisory or decision making relationship with the other. The definition of a consensual amorous relationship does not include married persons. Amorous relationships with individuals below the age of eighteen are not considered consensual and are prohibited.

(4) Evaluative or supervisory authority:

An individual has direct evaluative, supervisory or decision-making authority when that individual is responsible for, or makes or could make contributions to evaluating, assessing, grading, assigning, promoting, disciplining, or otherwise determining the terms, conditions, or benefits of the other participant's academic or employment performance, progress, or potential.

Common examples of evaluative or supervisory authority include:

(a) Assessing academic or research performance;

(b) Determining academic or research performance;

(c) Influencing academic or research progress or potential;

(d) Assessing employment performance;

(e) Evaluating employment progress;

(f) Assessing employment potential;

(g) Determining entitlement to any institutionally conferred right;

(h) determining eligibility for any institutionally conferred benefit;

(i) Providing an opportunity to any institutional conferred right or benefit;

(j) Overseeing of academic, research, or employment;

(k) Managing of academic research, or employment; and

(l) Directing co-curricular, athletic, or other institutionally prescribed activities.

(5) Full-time faculty:

All persons holding full-time academic appointment or rank who are not administrators. All persons holding full-time faculty contracts. All persons holding faculty rank who serve as full-time faculty in the university libraries.

(6) Faculty administrators:

The president, the provost, vice presidents (holding faculty rank), associate and assistant deans, associate and assistant vice-provosts and all individuals holding appointments as dean, chair, or director.

(7) Staff members:

Any individual, other than faculty, who is employed by BGSU. This includes classified and administrative staff, or other employees not defined within other sections of this policy.

(8) Students:

Any individuals who are:

(a) Currently enrolled in a credit or non-credit class at one of the colleges or campuses of BGSU;

(b) Matriculated or non-matriculated;

(c) Prospective students (including applicants and accepted applicants.

(9) Vendor:

Any individual who or company or business which contracts with the niniversity to provide goods or services to the university.

(C) Policy

(1) Conduct

Consensual amorous relationships between members of the BGSU community are prohibited when one participant has evaluative, supervisory, or decision-making authority over the other, as such relationships may create an inherent conflict of interest.

An individual in the evaluative, supervisory, or decision-making position is required to disclose any consensual amorous relationship to his or her supervisor. After disclosure, the individual shall cooperate with the supervisor to ameliorate any existing or potential conflict.

(2) Violations

A violation of this policy occurs when an individual with supervisory or evaluative or decision-making authority:

(a) allows a consensual amorous relationship to occur or continue without reporting; or

(b) fails to disclose or report a consensual amorous relationship; or

(c) fails to cooperate in ameliorating any existing or potential conflict associated with a consensual amorous relationship.

Violations of this policy must be reported to the office of human resources or the office of the provost. The offices of human resources or the provost will investigate or review the alleged violation and determine appropriate action. Investigations of violations of this policy, and any discipline that may result, shall be done in accordance with the university policy, procedure, or collective bargaining agreement applicable to the individuals involved. In the case of represented employees, those shall be the collective bargaining agreement. In the case of administrative and classified staff employees, those shall be the employment procedures applicable to those positions, as those may change from time to time. In the case of students, those shall be the student code of conduct as that may change from time to time.

A violation of this policy, including the failure to disclose a consensual amorous relationship as described above, may lead to disciplinary action as appropriate, regardless of how the violation is brought to the university's attention.

Replaces: 3341-5-07

Effective: 4/21/2016
Promulgated Under: 111.15
Statutory Authority: 3345
Rule Amplifies: 3345
Prior Effective Dates: 3/17/2015

3341-5-08 Contact with state/federal legislators and governmental agencies policy.

(A) Policy statement and purpose

To set out the rules and procedures governing official university interactions with state and federal legislators and governmental agencies by university employees and students.

(B) Policy

It is university policy that all contact with state and federal legislators and governmental agencies be coordinated through the office of university relations and governmental affairs. That office, working with the president, is responsible for engaging in meaningful dialogue and relationships with government officials and agencies at the local, state and federal levels. Also inherent in those responsibilities is the task of communicating with members of the community on how employees can ethically and legally participate in the governmental process if they choose to do so.

Bowling Green state university encourages all students, faculty and staff to exercise their rights and duties as citizens to participate as private citizens and individuals in the governmental process. Federal and state laws, however, clearly distinguish between the political activities of individuals and those of tax-exempt institutions and governmental instrumentalities such as BGSU. Therefore, it is important for all employees of BGSU to abide by all governing legal principles in making contact with legislators and governmental agencies. Some policy guidelines follow:

(1) Use of university name/letterhead

(These guidelines apply when university employees contact state and federal officials or agencies for personal, not official university purposes.)

(a) BGSU faculty/staff should not allow their own names to be used in ways that state or imply university endorsement.

(b) It should be clearly understood that opinions expressed by a faculty or staff member are the opinions of the individual and not an official position of the university.

(c) Use of the university letterhead, address, e-mail system or other identification that might associate the content and conclusion of the document with the university should be avoided. University/departmental letterhead and/or e-mail systems should be reserved for correspondence regarding university affairs.

(d) You may state in the body of your message what your affiliation is with BGSU (for identification purposes only) but you cannot directly state or indirectly imply that you are writing in your capacity as a BGSU employee. It should be made clear you are expressing your view as a private citizen

(2) Political action/governmental appearances

(a) The university's relationship with federal, state and local governments may necessitate that BGSU take an institutional position regarding legislative or executive action. The purpose of such a position is to communicate to government officials the effects that a particular law, rule or regulation may have on the mission of the university. The president has the authority to determine when such an institutional position will be taken and the form, content and timing of its release. The office of university relations and governmental affairs co-ordinates these activities and is the clearinghouse for requests that BGSU take an institutional position on any governmental action.

(b) The aforementioned points on use of the university name, letterhead and e-mail apply specifically to political activities (including lobbying efforts to influence legislation or regulations) by any member of the BGSU community, except in connection with an institutional position taken by the university.

(c) All university employees appearing before congress or the Ohio general assembly, or their agencies, committees or members, to offer testimony, opinions or commentary regarding existing or potential laws, rules or regulations, not expressly authorized by the office of university relations and governmental affairs, of the sponsored programs and research office (SPAR) on all matters relating to research, must clearly state in advance that they are appearing in their individual capacities and that their testimony, opinions and commentary are not authorized by, and must not be construed as, reflecting on the position of the university.

(d) The office of university relations and governmental affairs does not lobby federal agencies but is the entity notifying our congressional representatives of specific university proposals and positions that should be supported at that level to further the university's mission

(3) Bill tracking

Those interested in tracking various pieces of proposed legislation that would affect particular offices or academic areas should contact the office of university relations and governmental affairs for assistance.

(4) Summary

(a) There are restrictions placed on university employees by the federal and state governments, but following the above guidelines should ensure that problems are avoided.

(b) The above information is not all-inclusive. Other questions about any aspects of involvement in the governmental process should be brought to the attention of the office of university relations and governmental affairs.

Date: January 1, 2014

Effective: 3/17/2015
Promulgated Under: 111.15
Statutory Authority: 3345
Rule Amplifies: 3345

3341-5-09 Dependent fee waiver.

(A) Policy statement and purpose

It is the policy of the university to support and promote the education of dependents of its employees.

(B) Policy

(1) Full-time permanent faculty/staff member

(a) Eligibility. For the purposes of this policy, a permanent full-time faculty/staff member is employed on a full-time basis for a minimum of nine months per year (including an individual employed full-time at the university but compensated by another agency such as ROTC or a granting agency). The employee's dependent is eligible to utilize the fee waiver the first semester following the full-time date of hire.

(b) Benefit. Dependents are eligible to utilize this benefit the first semester following the employee's full-time date of hire. Dependents may either complete a course on an audit or grade basis. The fee waiver applies to courses that are eligible for credit hour(s) only at BGSU. The dependent fee waiver will waive the in-state instructional fees only, as defined in this policy.

(i) Dependent children. The fee waiver is limited to one hundred per cent of the in-state instructional fee through the end of the calendar year in which the dependent child turns twenty-four whichever comes first.

(ii) Dependent cohabitant spouse . The fee waiver is limited to one hundred per cent of the in-state instructional fee .

(c) Definition of eligible dependent. The employee's cohabitant spouse is defined as a person to whom you are legally married, as defined by the state of Ohio, and a marriage certificate must be on file with the office of human resources. An employee's dependent child is defined as unmarried, a stepchild, a legally adopted child, and/or a child for whom either the employee or the employee's spouse is the legal guardian or custodian and is considered an eligible dependent by IRS section 152. A birth certificate or other court documentation must be on file with the office of human resources. Note: If an employee does not claim the dependent child on their income taxes for the year in which they are requesting the dependent fee waiver, the application will be denied.

(d) Procedure

(i) The employee completes the online dependent fee waiver application, which is located in the my.bgsu.portal.

(ii) The supervisor is notified electronically for approval. The application is then electronically forwarded to the office of human resources for processing. A dependent fee waiver application must be completed for every semester in which the dependent is registered for courses.

(iii) An incomplete dependent fee waiver application will not be processed by the office of human resources. It will be pushed back to the employee for completion.

(iv) No applications will be processed for retroactive semesters and therefore it must be received in the office of human resources by the last date of the semester applied for. Anyone submitting a dependent fee waiver application after the semester begins will be responsible for any late fees.

(v) The dependent enrolls in coursework through the office of registration and records.

(vi) A dependent may not receive fee waiver benefits as both an employee and as a dependent in any academic year.

(vii) Dependents seeking accommodations for reasons related to equal employment opportunity regulations should have the member of their family who is receiving the benefit contact the office of human resources.

(e) Responsibility for fees

(i) A dependent child is responsible for all fees, except the in-state instructional fees.

(ii) A dependent is responsible for all applicable fees that are incurred as a result of adding and/or dropping courses, regardless of the reason.

(iii) BGSU will pay for each class only once. If a dependent enrolls in a class and fails the class, or wishes to retake it, any cost to retake the class will be covered by the dependent.

(f) Payroll taxes

(i) Undergraduate fee waiver benefits are not subject to taxation as long as the dependent child is considered an eligible dependent under IRS section 152.

(ii) Graduate-level dependent fee waiver benefits are subject to taxation to the employee.

(g) Reciprocity

There is no reciprocity benefit for benefits.

(2) Part-time employees

There is no dependent fee waiver benefit for part-time employees.

(3) Post-doctoral employees

There is no dependent fee waiver benefit for post-doctoral employees.

(4) Widow/widower or child of a deceased permanent full-time staff member

(a) Eligibility. The child of a deceased permanent full-time staff member (deceased while actively employed at BGSU) is eligible to receive the fee waiver benefit. The dependent(s) must be the dependent(s) of the staff member at the time of death. The spouse of a deceased staff member is eligible for the same fee waiver benefits available for spouses of active employees at the time the benefit is accessed. This benefit is available until such time he/she remarries.

(b) Benefit. The child of a deceased staff member will receive the same benefit being offered to dependent children of active employees at the time the benefit is accessed, as long as the child is considered an eligible dependent by IRS Section 152. The student may attend classes at main campus or at any branch campus or center.

(c) Procedure. Refer to paragraph (B)(1)(c) of this policy.

(5) Cohabitant spouse/ child of a retired staff member.

(a) Eligibility. An employee who has retired with ten years of continuous full-time service from the university. Retirement is defined by the retirement program in which the employee is enrolled. The cohabitant spouse or child(ren) must have been dependents at the time of retirement.

(b) Benefit.

(i) Child. The child and/or children of a permanent full-time retired staff member who has completed ten years of continuous full-time service at BGSU and retires from BGSU and were the dependents of the staff member at the time of retirement are eligible for the dependent fee waiver. The benefit will be the same benefit as being offered to dependent children of active employees at the time the benefit is accessed, as long as they are an eligible dependent child under IRS section 152.

(c) Please note that when a dependent fee waiver is requested, the policy in force at the time of submission will be adhered to.

(d) Procedure. Refer to paragraph (B)(1)(c) of this policy.

(e) Responsibility for fees. Refer to paragraph (B)(1)(e) of this policy.

Effective: 3/3/2017
Promulgated Under: 111.15
Statutory Authority: 3345
Rule Amplifies: 3345
Prior Effective Dates: 3/17/15, 8/14/15, 10/28/15

3341-5-10 Disability/reasonable accommodation policy.

(A) Policy statement and purpose

To provide for the reasonable accommodations of persons with disabilities in compliance with the law.

(B) Policy

Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 established the principle that no otherwise qualified disabled individual will be treated in an unequal manner or be discriminated against under any entity, program or activity receiving federal financial assistance. This legislation applies to BGSU faculty, classified and administrative staff, and students.

Determining that an individual is disabled within the applicable federal or state law is only the first step towards determining that he or she is protected under those laws. Federal laws covering persons with disabilities protect individuals who are "otherwise qualified." This means that a disabled employee must be able to perform the "essential functions" of the job, with or without reasonable accommodation.

A disability is defined as having a physical or mental impairment which substantially limits one or more major life activity, having a record of such an impairment, or being regarded as having such an impairment. Employees who feel that they have a disability as defined above should take the following steps to ensure that their needs are met to the extent possible under ADA guidelines so that BGSU is in compliance with federal law.

(1) Employees with a disability should speak with the immediate supervisor and/or the director of disability resources to make them aware of the perceived disabling condition.

(2) The director of disability resources will meet with the individual, the work supervisor and appropriate HR representative to discuss the employment concern and clarify the procedures for establishing a reasonable accommodation.

(3) The employee will participate in a job analysis. With permission, the attending physician will be contacted to review the job analysis and provide an opinion on the employee's ability to perform the job duties as outlined. The physician will also be asked to complete a physical capacities form. In some instances an independent physician may be asked to perform these evaluations.

(4) The employee will, then, participate in discussions to determine what reasonable accommodations will be made to allow performance of the "essential functions" of the job. The information from the physician will inform these discussions.

Date: January 1, 2014

Effective: 3/17/2015
Promulgated Under: 111.15
Statutory Authority: 3345
Rule Amplifies: 3345

3341-5-11 Disciplinary policy.

(A) Policy statement and purpose

To set out the policy governing discipline of non-represented administrative and classified employees.

(B) Policy

(1) At Bowling Green state university, there are occasions when employees fail to meet performance standards or to abide by university policies, procedures, and rules governing appropriate conduct on the job. In order to deal with such situations in a fair and consistent manner, the university has developed a disciplinary policy and procedure designed to improve productivity and morale, and not merely to punish. The disciplinary policy and procedure is designed so that:

(a) Management will respond in a consistent and predictable manner if an employee violates the rules.

(b) Disciplinary matters will be handled in a confidential and expeditious manner.

(c) Employees will be told what is expected of them and the possible consequences if they do not live up to performance expectations.

(d) Employees will be disciplined progressively except for instances where the seriousness of the offense may warrant bypassing one or all steps (e.g., the illegal use of drugs, etc.).

(e) Discipline will be based on facts and not hearsay or opinion.

(f) Employees can appeal disciplinary actions through the university's internal grievance procedure or through the state personnel board of review.

(2) Disciplinary action is normally progressive in nature, that is, repetitions of causes for disciplinary action or a combination of offenses should lead to application of more serious disciplinary sanctions. However, some actions, because of their seriousness represent a threat to the safety and well-being of the individual, other employees, students, or to university operations warrant bypassing one or all steps of the disciplinary process. The following defines and outlines the suggested sequence of the various disciplinary actions.

(a) A verbal warning is an oral discussion between a supervisor and an employee who fails to meet performance standards or exhibits unsatisfactory behavior. Verbal warnings are generally issued for minor offenses and should be considered by the employee as a clear indication that a repetition of unsatisfactory behavior may call for more serious disciplinary action. When a verbal warning is issued, the supervisor should take immediate constructive steps to help the employee avoid the repetition of unsatisfactory behavior.

(b) A written warning is more serious and may become a permanent part of the employee's official record. A written warning is issued if the corrective behavior from any previous verbal warning(s) is not exhibited within the specified time limits or if the offense is of a serious nature. A copy of the written warning is given to the employee and the original is forwarded to the office of human resources to be placed in the employee's official file. When a written warning is issued, the supervisor should take immediate constructive steps to help the employee avoid the repetition of unsatisfactory behavior.

(c) Continued unsatisfactory performance or the commission of a serious offense may serve as the basis for more severe disciplinary actions beyond a verbal or written warning. A suspension without pay can vary from one day to several weeks or months. A suspension is designed to give an employee some time to think over the seriousness of the offense and it is hoped that he/she will make a commitment to better behavior or performance in the future.

(d) A reduction in pay or position (demotion) may be on a permanent or temporary basis. Demotions are for situations in which an employee has been promoted and cannot handle the job or is no longer able to perform his or her regular duties in a competent manner, or in some circumstances may be warranted for commission of a serious offense.

(e) A removal is the most serious penalty that can be imposed and should be used with care in the event that previous progressive discipline has not achieved the corrective behavior or when a serious offense has been committed. A bad discharge decision hurts the employee who loses a job, the employer who loses a trained worker, and the supervisor and co-workers who have to get the work done while waiting for and training a replacement.

Under Ohio Law, a classified employee may be disciplined, discharged, or reduced in pay for unsatisfactory conduct such as incompetence, inefficiency, dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment of public, neglect of duty, or any acts of misfeasance, malfeasance, or nonfeasance. (Section 124.34 of the Revised Code).

Date: January 1, 2014

Effective: 3/17/2015
Promulgated Under: 111.15
Statutory Authority: 3345
Rule Amplifies: 3345

3341-5-12 Drug free workplace and reasonable suspicion protocol policy.

(A) Policy statement and purpose

To set out the policy governing a drug free workplace.

(B) Policy

Bowling Green state university has adopted a drug free workplace policy (board of trustees. May 10. 1991) in order to ensure a quality educational and work environment, one free from the effects of alcohol and other substance abuse. It is the responsibility of each faculty, administrative and classified staff member to adhere to the policy described here.

The drug free workplace policy prohibits the unlawful use, sale, dispensing, transfer, or possession of controlled substances, alcoholic beverages, substances not medically authorized or any other substance that may impair an individual's academic or work performance or pose a hazard to the individual, public, students, or employees of the university on its property or at any of its activities.

If a violation of this policy occurs, support programs will be made available when appropriate. However, disciplinary action may be taken up to and including dismissal or expulsion from the university and possible criminal prosecution. The university will make appropriate efforts to provide rehabilitative support before giving consideration to termination of employment as stipulated in the Charter and , sections 124.34 and 3345.22 - to 3345.25 of the Revise Code.

Employees must, as a condition of employment, report any conviction under a criminal drug statute for violations occurring on or off university premises while conducting university business. The Drug Free Workplace Act of 1988 mandates that a report of a conviction must be made within five days after the conviction.

(1) Reasonable suspicion testing protocol

(a) As part of Bowling Green state university's obligation to ensure a quality and safe educational and work environment, a reasonable suspicion Testing frotocol has been adopted. Using or being under the influence or the effects of drugs or alcohol on the job, using such substances in a manner which effects work performance, or having such substances or their metabohtes in one's system may pose serious safety and health risks. To reduce these risks, employees may be required to provide body substance samples (such as breath, urine and/or blood) to determine if the uhcit. illegal or improper use of drugs or alcohol has affected one's work performance.

(b) The intent of this protocol is to outline for supervisors and managers the steps they may take in the event an employee appears to have violated the drug free workplace policy.

(c) Whether or not a person's behavior rises to the level of "reasonable suspicion" must be based on the manager's/supervisor's specific observations concerning the employee's appearance (including odor), behavior, and/or speech. Some examples of behaviors on which reasonable suspicion may be founded include:

(i) Shaky, unstable or staggering walk

(ii) Red, glazed, or watery eyes

(iii) Dilated or contracted pupils

(iv) Obvious motor skill impairment

(v) Odors on breath or clothes.

(vi) Credible eyewitness reports of usage

(vii) Impaired reaction time

(d) Behaviors leading to reasonable suspicion must be documented in writing, Supervisors should write only what is observed as it relates to unsafe behavior, performance deterioration or policy violation. No comments are to be recorded which reflect on suspected reasons for the behavior or opinions about it.

(e) If, based on reasonable suspicion, any employee is believed to pose an immediate safety risk to anyone (including self), the supervisor is to move to relieve the individual of all work responsibilities.

(2) Procedure for the supervisor/manager in case of reasonable suspicion:

(a) Direct the employee to a private office or area. The employee's supervisor and, if possible, another manager/supervisor, should be present to observe the employee's condition.

(b) Both managers/supervisors will describe in writing the employee behavior which has led to reasonable suspicion of substance abuse.

(c) Notify the office of human resources of the incident/behavior and the actions taken. Provide them with a written report. (Continue the process even if unable to notify HR immediately, e.g., outside of normal business hours.)

(d) If the managers/supervisors determine testing is appropriate, they must accompany the staff member to Wood (county hospital for testing. No forms are required or appointment needed, but we suggest you call ahead (ready works) during business hours to inform them of your intentions. After normal business hours, employees should be escorted to the laboratory in the Wood county hospital.

(e) If the employee refuses to proceed with the testing, the manager/supervisor is to contact human resources. The employee will be suspended immediately, without pay, pending an HR review of the incident. A determination of appropriate disciplinary action will follow. While immediate suspension means that the employee must leave the workplace, s/he should not be allowed to drive home alone. If the employee refuses the transportation arrangements and leaves alone in his/her own vehicle, notify the BGSU police department. If possible, obtain a witness to corroborate the refusal of transportation and document the incident.

(f) When testing occurs, the manager/supervisor is to make immediate arrangements, following testing and return to campus, for the employee to get home (supervisor, relative, another employee, cab, etc.). The employee should not be allowed to drive home alone. If the employee refuses the travel arrangements and leaves using his/her personal vehicle, notify the BGSU police department. Obtain a witness to corroborate the refusal of transportation and document the incident. At that time and pending the results of the testing, the employee is to be placed on suspension with pay.

(g) Upon receipt of the test results, human resources will notify the manager/supervisor to determine the appropriate course of action according to BGSU policy. If the test result is negative, the employee is to be returned to work at the next regular shift. A positive test result will result in disciplinary action as provided for in the appropriate employee handbook.

Date: January 1, 2014

Effective: 3/17/2015
Promulgated Under: 111.15
Statutory Authority: 3345
Rule Amplifies: 3345

3341-5-13 Employee fee waiver.

(A) Policy statement and purpose

It is the policy of the university to support and promote the education of its employees. The employee's first obligation is to fulfill his/her job obligations; however, reasonable access to university coursework shall be given as approved by the supervisor of the employee.

(B) Policy

(1) Full-time employee

(a) Eligibility. For the purposes of this policy, a full-time employee (staff and faculty administrator) is one who works forty hours a week on a regular schedule and is employed full-time for a minimum of nine months per year (including an individual employed full-time at the university but compensated by another agency such as ROTC or a granting agency). The employee is eligible to utilize the fee waiver the first semester following the full-time date of hire.

(b) Benefit. Full-time employees may enroll for unlimited hours per semester . The employee fee waiver will waive one hundred per cent of the in-state instructional and general fees only.

(c) Procedure

(i) The employee completes the online employee fee waiver application, which is located in the my.bgsu portal.

(ii) The supervisor is notified electronically and certifies that the employee's course enrollment will not interfere with the discharge of duties as a university employee. In order to avoid interruptions on the job, employees should, whenever possible, register for courses outside their regular work schedule. When this is not applicable employees may, with the approval of their supervisor, enroll in a course during the regular work day. All time away from work to attend the course must be made up within that work week, either by using a flexible work schedule or appropriate paid leaves, exclusive of sick leave.

(iii) Unpaid leave is not available for this policy.

(iv) The application is then electronically forwarded to the office of human resources for processing. An employee fee waiver application must be completed for every semester in which the employee is registered for courses.

(v) An incomplete employee fee waiver application will not be processed by the office of human resources. It will be pushed back to the employee for completion.

(vi) No applications will be processed for retroactive semesters and therefore must be received in the office of human resources by the last date of the semester applied for Anyone submitting an application after the semester begins will be responsible for any late fees.

(vii) The employee enrolls in coursework through the office of registration and records.

(viii) The employee's enrollment will not prevent a regularly registered student from attending the course.

(ix) An employee may not receive fee waiver benefits as both an employee and as a dependent in any academic year.

(x) Employees seeking accommodations for reasons related to equal employment opportunity regulations should contact the office of human resources

(d) Responsibility for fees

(i) Employees are responsible for all fees except the instructional and general fees, see paragraph (B)(1)(b).

(ii) Employees are responsible for all applicable fees that are incurred as a result of adding and/or dropping courses, regardless of the reason.

(iii) Effective January 1, 2016 BGSU will pay for each class only once. If an employee enrolls in a class and fails the class, or wishes to retake it, any cost to retake the class will be covered by the employee.

(e) Payroll taxes

(i) Undergraduate fee waiver benefits are not subject to taxation.

(ii) Graduate-level fee waiver benefits that do not exceed five thousand two hundred fifty dollars in a calendar year are not subject to taxation (the amount exempted from taxation was current at the time this document was written; however, you should refer to IRS regulations for the most current information on the taxability of employer-provided educational assistance).

(iii) If an employee's graduate-level fee waiver benefits exceed five thousand two hundred fifty dollars in a calendar year, the amount over five thousand two hundred fifty dollars is subject to taxation.

(f) Reciprocity

(i) An agreement exists between BGSU and the university of Toledo-main campus and health sciences campus, whereby full-time employees of one university may enroll in courses at the other university. This arrangement covers full-time employees only and does not include waivers for dependents. The in-state instructional and general fees are waived for only one degree and the following conditions apply:

(a) The number of hours covered per semester are limited by the policy for the university of Toledo employees. We suggest you visit their policy to see how many hours will be covered per semester.

(b) The employee must be properly admitted as an undergraduate or graduate student at the university of Toledo before registering for courses.

(c) The fee waiver applies to courses that are eligible for credit hour(s) only.

(d) If the class is available on a BGSU campus a fee waiver to take the class at the university of Toledo is not an option.

(e) Courses that are not covered at the university of Toledo through the reciprocity agreement are any courses in the med school MD track.

(ii) BGSU employees must contact the office of human resources to prepare a fee waiver for courses at the university of Toledo. It is the employee's responsibility to make arrangements for the fee waiver to reach the appropriate office at the university of Toledo.

(2) Part-time employee

(a) Staff eligibility. For the purposes of this policy, a part-time employee is one who works less than forty hours a week on a regular schedule and whose Staff action form and/or contract indicates part-time status. Part-time employees that have completed the equivalent of one year of full-time service at BGSU (two thousand eighty hours) are eligible for an employee fee waiver. Part-time employees that are less than point five FTE are not eligible for this benefit.

(b) Benefit. The employee fee waiver is prorated to fifty per cent of the in-state instructional and general fees.

(c) Procedure. refer to paragraph (B)(1)(c) of this policy

(d) Responsibility for fees. The employee fee waiver is prorated to fifty per cent of the in-state instructional fee and general fees.

(e) Payroll taxes. refer to paragraph (B)(1)(e) of this policy.

(f) Reciprocity. Part-time employees are not eligible for the reciprocity agreement.

(3) Part-time faculty

(a) Eligibility. For the purposes of this policy, a part-time faculty member is one who works less than forty hours a week on a regular schedule and whose contract indicates part-time status. Part-time faculty who have completed the equivalent of one year of full-time service at BGSU (twenty-four hours of consecutive instruction) and continue to teach at least one course per academic year, are eligible for an employee fee waiver.

(b) Benefit. The fee waiver is prorated to fifty per cent of the in-state instructional fee and general fees and is applicable for one degree.

(4) Retired employees

(a) Eligibility. An employee who has retired with ten years of continuous full-time service from the university is able to receive the same fee waiver benefits as an active full-time employee. If an employee was a part-time employee at the time of retirement, the employee must have the equivalent of ten years of full-time service (twenty, eight hundred service hours). Retirement is defined by the retirement program in which the employee is enrolled.The retiree must be in the degree program at the time of retirement.

(b) For a part-time employee that retired with ten years of full-time service from the university the fee waiver is prorated to fifty per cent of the in-state instructional fee and general fees. The retiree must be in the degree program at the time of retirement to be eligible for this benefit.

Once this degree is completed fee waivers covering in-state instructional fees and general fees are no longer available for retirees. Retirees are encouraged to access classes through the senior adult grants program (SAGE) or contact the professor to audit the class at no cost with the professor's authorization. Attending the class may not adversely affect the enrollment of any other student.

(c) Reciprocity. Only employees that were full-time at the time of retirement with ten years of full-time service from the university are eligible to use the reciprocity agreement in effect for active employees at the time the benefit is accessed. refer to paragraph (B)(1)(f) of this policy.

Effective: 3/3/2017
Promulgated Under: 111.15
Statutory Authority: 3345
Rule Amplifies: 3345
Prior Effective Dates: 3/17/15, 10/28/15

3341-5-14 First aid.

(A) Policy statement and purpose

It is Bowling Green state university's policy to comply with the occupational safety and health standards of the Ohio Public Employee Risk Reduction Act and all applicable federal. State, and local rules, regulations, and directives.

In 1993, the Ohio legislature passed the Public Employees Risk Reduction Act ( section 4167.07 of the Revise Code

). This legislation and the subsequent rules ( Rule 4167-3-01 of the administrative code) mandated that all Ohio public employers comply with all provisions of the Occupational Safety and Health Act of 1970. This includes the First-Aid Standard outlined in section 1910.151. of the revise code Bowling Green state university is committed to complying with this standard and accordingly provides the following first-aid Policy

(B) Policy scope

This program only addresses emergency first-aid procedures and similar issues involving university employees who are injured during work-related activities. Unless otherwise specified, the stipulations of these procedures are directed to employees of both the Bowling Green campus and Firelands college.

"First-Aid Providers" for the university, as a whole, are designated as the university police and the Bowling Green fire division for the Bowling Green campus and the Huron fire division for Firelands college.

(C) Policy

(1) Injured employees (Bowling Green campus)

If a university employee is injured to the extent that a designated first-aid provider is needed, the university Police should be notified by calling "911" (on campus) or 372-2346 (off campus). If the caller requests an ambulance, the university police dispatcher will contact the Bowling Green Fire Division to dispatch an ambulance. The dispatcher will also send a university Police Officer to the scene. If the caller requests that only an officer be sent to the scene, the officer will initiate any first-aid treatment necessary to remedy the situation. Should the required treatment be beyond the scope of the officers' capabilities, the officer will direct the university police dispatcher to contact the Bowling Green fire division requesting an ambulance.

Designated first-aid providers will determine the necessity to transport the injured employee(s) to the Wood county hospital or other medical facility. All transportation of seriously injured employees to the Wood county hospital will be provided by the Bowling Green fire division.

(2) Injured employees (Firelands college)

All reports of injuries to employees that require a designated first-aid provider should be made to the Huron Gity fire division by calling "911." If necessary, the emergency medical service will transport the injured employee(s) to a local hospital.

(3) Other first aid considerations

(a) Injury reporting - All injuries, regardless of severity, are to be reported to environmental health and safety within twenty-four hours of the incident or as soon as possible using the "BGSU injury/illness report form." If these forms are not currently available in your department/area office, call 2-2171 (Bowling Green campus) or 2-0685 (Firelands campus).

(b) Bloodbome pathogens - All first-aid providers designated by the university are required to have pre-exposure I^epatitis B vaccinations offered to them free of charge. All employees exposed to blood and/or other body fluids while performing first-aid or other work-related activities shall report this exposure to environmental health and safety within twenty-four hours or as soon as possible using the "BGSU injury/illness report form." The provisions of the university's foodbome l/athogen exposure control plan shall be followed.

(c) Automated external defibrillator (AED) - The use of an AED must be reported to Environmental health and safety within twenty-four hours of the incident using the "Post-Incident Report Form for Cardiac Arrests" found in BGSU's written AED policy.

(4) First-aid kits

Designated first-aid providers are required to have first-aid supplies available. University police vehicles contain first-aid supplies for use by designated responders.

Other university departments/areas that wish to have first-aid kits on-site, are encouraged to keep them maintained and to be knowledgeable of their use. First aid kits must be evaluated, at least, on an annual basis to ensure the first aid kit is stocked and does not contain any expired products. Each department needs to assign individual(s) responsible for evaluating their respective first aid kits. The American national standards institute/ iternational safety equipment association standard. ANSI/ISEA Z 308.1 -2009. recommends the following contents as a minimum:

Item and minimum size or volume

Minimum quantity

Absorbent Compress. 32 sq. in. (206 sq. cm), with no side smaller than 4 in. flOcm)

1

Adhesive Bandages, 1 x 3 in. ( 2.5 x 7.5 cm)

16

Adhesive Tape, 3/8 in. x 2.5 yd. ( 2.3 m) total

1

Antiseptic, 0.14 fl. Oz. ( 0.5 g) application

10

Antibiotic Treatment, 0.14 oz. ( 0.5 g)

6

Burn Treatment, 1/32 oz. ( 0.9 g) application

6

Medical Exam Gloves

2 pair

Sterile pad, 3 x 3 in. ( 7.5 x 7.5 cm)

4

Triangular Bandage, 40 x 40 x 56 in. (101 x 101 x 142 cm)

1

First Aid Guide

1

In addition to the listed requirements, optional products and sizes should be included to augment the kit based upon the specific hazards existing in a particular work environment. Additional contents may include analgesics (pain relievers), bandage compress, breathing barrier, burn dressing cold pack, eye covering, eyewash, and roller bandage etc. The choice of first-aid products should be made by a person competent in first-aid and cognizant of the hazards found in the particular workplace. Consultation from the local fire/rescue department, appropriate medical professional or local emergency room may be helpful to employers in these circumstances. The contents of the kit are only to be administered by self-treatment or by personnel who have a current certification in first-aid.

(5) Emergency eye-wash stations

Eyewash stations that meet OSHA standards are required in all departments/areas where employees are potentially exposed to corrosive materials. Eyewash stations are to be located in a location from the hazard that requires no more than ten seconds to reach. Stationary eyewash units are to be utilized exclusively with the only exception being portable eyewash units that can be used by employees who perform tasks involving mobile operations (e.g. the use of cleaning carts by custodial personnel).

(6) Training

All university-designated First-Aid providers must be adequately trained to render first-aid. OSHA recognizes any nationally accepted and medically sound first-aid training program. It is the responsibility of the university

police to ensure and document that all university police officers, designated as first-aid providers are trained in first-aid and CPR

Date: January 1, 2014

Effective: 3/17/2015
Promulgated Under: 111.15
Statutory Authority: 3345
Rule Amplifies: 3345

3341-5-15 Leave without pay.

(A) Policy statement and purpose

To set out the policy for non-represented administrative and classified staff to apply for leave without pay.

(B) Policy

(1) Application for leave without pay may be made for a variety of reasons. Administrative or classified staff who have exhausted sick leave, vacation and personal leave, but who are still unable to return to work due to illness, may be eligible for leave without pay.

(2) The opportunity to participate in an educational experience such as a Fulbright appointment, the desire to work full-time on a degree program or the opportunity to participate in a field experience related to one's position at Bowling Green state university, or a compelling personal reason could also support an award of a leave without pay.

(3) Administrative and classified staff who seek a leave without pay must obtain a request form through the g) office of ftuman Resources. The request requires, at a minimum, the approval of the immediate and area supervisors.

(4) In no case is an approval of a request for a leave without pay an automatic procedure. Each case is judged by its merits and the impact the absence would have on the effectiveness of the unit and on the mission of the university.

Date: January 1, 2014

Effective: 3/17/2015
Promulgated Under: 111.15
Statutory Authority: 3345
Rule Amplifies: 3345

3341-5-16 Military duty leave.

(A) Policy statement and purpose

To ensure compliance with the Uniformed Services Employment and Re-employment Rights Act (USERRA), the Ohio Revised Code, and the Ohio Administrative Code for military leave.

(B) Policy

Bowling Green State university's policy on military duty leave covers all employees, administrative and classified staff. Those who are called to duty are covered by the Uniformed Services Employment and Re-employment Rights Act (USERRA), the Ohio Revised Code, and the Ohio Administrative Code related to military duty. For information on the specific details for coverage for those needing military leave, contact the office of human resources.

Effective: 3/23/2017
Promulgated Under: 111.15
Statutory Authority: 3345
Rule Amplifies: 3345
Prior Effective Dates: 3/17/15

3341-5-17 Nepotism.

(A) Policy statement and purpose

To set out the university policy for hiring and employment decisions affecting members of the same family.

(B) Policy

In keeping with good personnel management procedures and to guarantee equal employment opportunities to all, applicants may not be hired for or promoted into positions in which they would supervise or be subject to the immediate supervision of a member of their immediate family.

This policy will be upheld regardless of the sex of the relatives involved and will be equally applied to both males and females.

If a proposed hire, promotion, marriage or other action places an employee in supervision of another immediate family member; the matter should be brought to the immediate attention of the responsible vice-president. Easy accommodation of the situation may not always be possible. Appointment of spouses or other members of the immediate family to the same department is not necessarily nepotism, but employees may not participate in career decisions on other members of their immediate family.

Immediate family is defined as: spouse, mother, father, son, daughter, brother, sister, mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, grandparent and legal guardian or other person who stands in place of a parent.

(C) Ohio ethics law (general assembly of Ohio, 1973)

The Ohio Ethics Law was enacted in 1973 by the general assembly to insure the integrity of government and to improve public confidence in government officials and employees. The following eleven points describe the major provisions of the law:

(1) Conflict of interest.

The ethics law guards against public officials and employees who would misuse their positions for personal gain or benefit.

Section 102.03 of the Revised Code prohibits persons appointed to or employed by a public agency now or within the past year from appearing before that agency in a representative capacity, the so-called revolving door. The section also prohibits the disclosure or use for profit of confidential information acquired during public service, and restricts participation in license or ratemaking proceedings where personal benefits might be derived.

In addition, the section prohibits public servants from using their positions to secure anything of value for them.

Section 102.04 of the Revise Code prohibits public servants, whether elected, appointed or employed, from appearing before or selling goods and services to other agencies within the same governmental entity. The section does, however, exempt non-elected public officials and employees from the prohibition if they first declare their intent in the form of a statement filed with both the agency with which they serve and the agency with which the business is to be conducted.

(2) Investigations.

The commission responds to complaints and conducts its own investigations into alleged conflicts of interest.

(3) Confidentiality.

All matters concerning investigations are confidential. If, after a hearing, a complaint is dismissed, the accused person may ask that the matter be made public.

(4) Hearings.

The commission conducts hearings on complaints filed with it after it has been determined that the complaint is not frivolous and that there is reasonable cause to believe the facts as alleged would constitute a violation.

(5) Report of findings.

If the commission finds, based on a preponderance of the evidence, that a public official has violated the ethics law, the evidence is turned over to the appropriate prosecuting authority.

(6) Penalties.

Persons found guilty under the Ohio ethics law may be fined a maximum of one thousand dollars or imprisoned up to six months or both. Persons who are required to file a financial disclosure statement but who fail to do so, face a maximum fine of two hundred fifty dollars and up to thirty days imprisonment.

(7) Financial disclosure.

All candidates for public office, except those running for village, township or school board office, and all elected officials, except those holding village, township or school board office, are required to file a financial disclosure statement with the appropriate ethics commission each year. Also, certain appointed state officials are required to file a disclosure statement. The statement requires that sources of income and other financial interests are disclosed. Most public officials are required to file with their respective ethics commission by April fifteenth of each year. Candidates are required to file thirty days prior to the first election in which they appear. Statements are available from any county board of elections or from the commission.

(8) Public inspection.

Financial disclosure statements on file with the commission are open to public inspection and copies are available on written request.

(9) Special rules.

The Ohio ethics commission has adopted two rules under its rule-making authority, which extend the financial disclosure-filing requirement to certain classes of public officials. The first such rule, EC-2, requires the chief administrative officers of about one hundred state boards, commissions and other agencies to file an annual statement. The second rule, EC-3, requires the members of the same boards, commissions and other agencies to file a disclosure statement.

(10) Four ethics commissions.

The administration of the Ohio ethics law is entrusted to four separate agencies, each having a distinct jurisdiction. The house legislative ethics committee and the senate legislative ethics committee are concerned with candidates for and members and employees of the general assembly. The supreme court board of commissioners on grievances and discipline is concerned with judicial officers, employees and candidates for judicial office. The Ohio ethics commission has jurisdiction over all other public officials, employees and candidates for public office under the purview of chapter 102 of the the Revised Code.

(11) Advisory opinions.

The commission issues advisory opinions in response to questions relating to ethics, conflicts of interest and financial disclosure.

Date: January 1, 2014

Effective: 3/17/2015
Promulgated Under: 111.15
Statutory Authority: 3345
Rule Amplifies: 3345

3341-5-18 Leave bank program.

(A) Policy statement and purpose

The leave bank program is a voluntary program that allows an eligble donor to contribute accrued sick leave to the leave bank (the bank) and an eligible recipient to use donated leave hours from the bank. Please see the definition of sick leave in the appropriate collective bargaining agreement. Eligible employees whose positions are partially or wholly funded by general, university foundation, or auxiliary funds may donate and receive leave hours. Eligible employees are those represented employees whose collective bargaining agreement provides for leave bank benefits.

A recipient is an employee who is experiencing a serious illness or injury, and who has exhausted her/his own paid leave (vacation and sick). Donated leave hours support the continuation of the recipient's normal salary for a longer period of time than would otherwise be possible, thus easing the financial impact of that illness or injury.

To ensure confidentiality, the recipient will remain anonymous to the members of the leave bank committee and any questions are to be directed to the director of human resources and benefits or designee.

The use of any donated leave will run concurrently with an eligible employee's family medical leave (FML), if applicable. Determination of FML is set from the family medical leave policy and can be found in the university policy register at http://www.bgsu.edu/general-counsel/university-policies.html.

(B) Policy definitions

(1) Serious illness or injury- time away from work due to a serious non-worker's compensation health condition that incapacitates the employee. A serious illness, high- risk pregnancy that incapacitates, or injury is defined as a serious illness, injury (non-work related), or physical or mental impairment that is present for more than ten consecutive working days, and is life threatening or requires a lengthy convalescence.

Serious illness/injury involves:

(a) A period of incapacity or treatment connected with inpatient care (e.g., an overnight stay) in a hospital, hospice, or residential medical care facility; or

(b) A period of incapacity requiring absence of more than ten consecutive working days, and that also involves continuing treatment by (or under the supervision of) a licensed health care provider; or

(c) A period of incapacity due to a chronic serious health condition (e.g., asthma, diabetes, epilepsy, etc.); or

(d) A period of incapacity that is long-term due to a condition for which treatment may be ineffective (e.g., stroke, terminal disease, etc.); or

(e) An absence to receive multiple treatments (including any period of recovery there from) either for restorative surgery after an accident or other injury, or for a chronic condition such as cancer or kidney disease.

A period of incapacity means that the employee cannot do her/his job and does not have the ability to perform normal activities in her/his daily life or engage in normal recreational activities. Convalescence means returning to health after illness or incapacity, or gradual healing (through rest) after sickness or injury. Convalescence is a synonym for recovery or recuperation.

(2) Recipient- An eligible employee (see definition above) who wants to withdraw hours from the bank must meet all of the following criteria:

(a) Be eligible to accrue and use sick leave;

(b) Be employed in a position that is partially or wholly funded through general, university foundation, or auxiliary funds;

(c) Be suffering from a serious illness or injury/high risk pregnancy that mandates bed rest;

(d) Have exhausted all accrued vacation and or sick leave or will do so before the return-to-work date;

(e) Not be presently receiving nor has ever received workers' compensation benefits for requested condition;

(f) Have donated a minimum of eight hours of sick leave in one of the last two enrollment periods prior to submitting a request to use hours from the bank; and

(g) The hours used up to or including the two hundred forty maximum will not include the utilization of the employee's own accrual that are earned while in active pay status supported by the leave bank; such accruals shall be applied to the recipient's pay status each month before leave is applied.

The recipient will remain anonymous except for administrative purposes.

(3) Donor- A BGSU employee who is eligible to accrue and use sick leave accruals may request approval to participate as a donor to the bank. The donation of leave will be reviewed for compliance with the leave program guideline. An eligible employee who wants to donate hours must meet all of the following criteria:

(Be eligible as defined in the overview);

(a) Have a minimum and maintain one hundred twenty hours of accrued vacation/sick time [pro-rated on the basis of a full time equivalent of seventy two hours- equal to a FTE] after having donated hours to the bank; and

(b) Have made donations of sick time in eight hour increments with a maximum of forty donated hours at any one time. Donations are irrevocable.

(4) Donation enrollment- two types of enrollment will allow employees to donate to the bank:

(a) Annual enrollment- yearly enrollment offered through the office of human resources (OHR). The enrollment period generally will be held during the spring of each year.

(b) Emergency enrollment- only to be enacted in situations where the leave bank falls below five hundred hours. The need for emergency enrollment will be determined by the leave committee and the office of human resources. The enrollment period will be advertised and offered through the office of human resources.

(C) Policy and restrictions

The leave bank program is available for represented employees whose positions are partially or wholly funded by the general, university foundation, or auxiliary funds. Donated leave will be recorded in the leave enrollment online form, thereby allowing said eligible employees to participate in the leave program.

(1) The bank will allow eligible employees to donate hours during an annual enrollment period with provisions for emergency donations if the bank drops below five hundred hours.

(2) For the purpose of simplicity and record keeping or auditing, accrued sick leave hours donated shall be transferred hour-for-hour.

(3) Bank withdrawal requests will be processed on a first-received basis. A first-received basis means that all applicable forms are properly completed and received.

(4) Employees in their first year of a leave-accruing position may petition the leave bank committee if they meet all guidelines above other than a previous donation of hours to the bank . Employees who are able to take advantage of the bank in their first year of employment will be expected to donate the minimum number of hours to the bank in a subsequent year when they reach the minimum one hundred twenty hour leave accrual point.

(5) Leave, in combination with the recipient's own paid leave accrual, (which must be exhausted first), must be used continuously to continue university pay status for a recipient for up to two hundred forty hours, not to exceed the recipient's appointed per cent of time worked based on the full-time equivalent.

(6) Donations may not drop the donor's sick and vacation leave accrual base below one hundred twenty hours.

(7) In compliance with program policy, withdrawals from the bank made by a designated recipient will cease according to one of the following criteria:

(a) The return-to-work date listed by the doctor on the employee's verification of illness or injury; The leave bank committee has authority to award hours (not to exceed the total maximum allowed two hundred forty hours) to assist in a recipient's gradual recovery and transition back to the full number of hours specified in the contract or position requirement. If not able to return to work to full hours of the job, these awarded hours can be used for a maximum of two consecutive weeks after the stated return-to-work date.

(b) The end of the approved leave of absence;

(c) The recipient has received the allowed maximum of two hundred forty hours of donated leave;

(d) The recipient applies for and is approved for state disability retirement or, if eligible, social security benefits; or

(e) The separation of service from Bowling Green state university or upon the death of the recipient; or at any time upon request by the recipient.

(8) The unused hours will be returned to the leave bank.

(9) Any questions or concerns regarding the leave bank committee's awarding/not awarding of hours are to be directed to the director of human resources and benefits or their designee.

(10) The identity of donors must be held as confidential information.

(11) Leave donations are not tax deductible for the donor.

(12) Policy references:

(a) Faculty collective bargaining agreement

(b) http://www.bgsu.edu/provost/faculty-affairs/collective-bargaining-agreement.html

(c) Internal revenue service, revenue rule 90-29

(D) Responsibilities and procedures

(1) Recipient- In the event of severe injury or illness, a family member may act on the recipient's behalf. The recipient/family member will:

(a) Consult with the office of human resources for questions about the bank's guidelines, eligibility criteria, etc.

(b) Follow established campus and/or unit procedures for informing the office of human resources and the employee's supervisor about the use of remaining paid leave or a leave of absence due to the serious illness or injury.

(c) Contact the human resources/ benefits office for consultation regarding benefits related to the university disability and/or benefits program.

(d) Understand that, in any given pay period, any accrued time in the prior pay period will be applied to pay status before the bank hours will be applied.

(e) Notify the office of human resources if any change of circumstances has altered or will alter the recipient's eligibility for the bank hours as originally established.

(2) Recipient's supervisor- It is the supervisor's responsibility to refer her/his direct reports to the collective bargaining agreement and the office of human resources concerning the availability of the leave bank. The supervisor will:

(a) Consult with the office of human resources regarding the leave donation program and related considerations, such as: BGSU family medical leave, personal leave, accrued sick and vacation leave, payroll time reporting, etc.

(b) Receive a notification of awards that the recipient is approved for purposes of time leave reporting for full-time and part-time FTE.

(c) Be responsible for completing employee time reporting to the payroll office.

(3) Leave committee- the committee will:

(a) Consist of seven members: two classified, two administrative, and two faculty representatives, as well as one permanent BGSU staff physician. A chair will be elected from within the six constituent representatives. The office of human resources will have an ex-officio member. There must be a quorum of four committee members present in order to grant or deny leave bank hours to any potential recipient.

(i) Terms will be limited to three years in duration for each constituent group member. Terms will be staggered among constituent groups. Three representatives, one from each group, are holdovers from the previous year's committee.

(ii) Members of the leave subcommittee who assisted in creating this document have met the first of the three-year commitment.

(iii) If any committee members become aware of the identity of a potential recipient, they should recuse themselves from participating in the decision process for that case.

(b) Provide or coordinate consultation with the office of human resources regarding the leave donation program and related considerations, such as: recipient eligibility, payroll, benefits, disability benefits, family medical leave, accrued sick, applicable university policies and procedures, etc.

(c) Meet monthly or, as needed, by request of the committee chair.

(d) Review the facts of all applicants and make recommendations to the director of human resources and benefits whether or not to grant leave hours to those who apply. The recommendation is forwarded to the office of human resources for dissemination to the appropriate employees.

(e) Coordinate and monitor the leave bank totals according to the policies of the program document.

(f) Prepare needed reports in a timely manner.

(g) Ensure the confidentiality and privacy of the participants and records of the leave bank in accordance with university policies.

(h) Provide for an annual evaluation of the guidelines and policies and procedures of the leave bank program.

(i) In cases of an incremental return to work (i.e. four hours a day versus eight), the committee shall review the applicant's case and may award hours in the form of hours from the bank (not to exceed two hundred forty hours) to assist in a recipient's gradual recovery and transition back to the full number of hours specified in his/her contract/position. These hours can be used for a maximum of two consecutive weeks after the stated return-to-work date. Again, the awarded hours count towards the maximum number of hours, two hundred forty, allowed from the bank.

(4) Donor- The eligible donor will:

(a) Have the opportunity at an annual spring semester enrollment period to donate hours to the bank by completing the leave enrollment online form

(b) Complete the leave enrollment online form and submit it to the office of human resources during the enrollment period.

(5) Office of human resources (OHR)- The office of human resources will support the dissemination of communications advertising the existence of a leave bank. The office of human resources will:

(a) Ensure the confidentiality and anonymity of all participants.

(b) Once verification is received that the donated hours have been applied to the bank:

(i) Deduct hours donated to the leave bank from the donor's accrual balance.

(ii) Transfer hours from the leave bank to the recipient's leave accrual

(iii) Show the recipient's hours on the electronic paycheck.

(c) Ensure that all of the paperwork prepared by the office of human resources (OHR) and provided to the leave bank committee will be anonymous by generating specific identification numbers on submitted paperwork utilizing the following format: year_leave bank (LB) initials_sequential numbering, (e.g., 2008_LB_001).

(d) Reconcile, balance, and report total donations and withdrawals from the bank to the leave bank committee.

(e) Notify the committee of the current balance of the bank upon request from the chair of the leave bank committee.

Effective: 4/7/2017
Promulgated Under: 111.15
Statutory Authority: 3345
Rule Amplifies: 3345
Prior Effective Dates: 3/17/15, 9/26/16

3341-5-19 Performance evaluation non-represented employees.

(A) Policy statement and purpose

To set out the procedure governing the annual performance evaluation process for non-represented university employees.

(B) Policy

Non-represented employees at BGSU are expected to participate in annual performance reviews. Because evaluations provide for a systematic review and evaluation of the work of each employee, they are to be conducted on an annual basis regardless of whether or not merit dollars are available.

The systems of evaluation governed by this policy are those for administrative staff and classified staff.

The time frame for the period under review for each category of employee differs and reviewers should consult human resources before beginning to confirm the process prescribed for the current review period.

Date: January 1, 2014

Effective: 3/17/2015
Promulgated Under: 111.15
Statutory Authority: 3345
Rule Amplifies: 3345

3341-5-20 Personal leave policy.

(A) Policy statement and purpose

To set out the policy governing the use of personal leave by non-represented employees.

(B) Policy

(1) Administrative and classified staffs are eligible for personal leave on an annual

basis as described below. Personal leave may be used for unusual personal or family obligations, mandatory court appearances other than jury duty (criminal or civil cases, traffic court, divorce proceedings, custody proceedings, or appearing as a parent or guardian of juveniles), legal or business matters, family emergencies of a nature that require an employee's immediate attention; medical, psychological, dental or optical examinations of the employee or the employee's immediate family; weddings of members of the immediate family, religious holidays which fall on a normally scheduled workday for an employee, and any other matter of an personal nature.

(2) Personal leave may be used in conjunction with vacation or vacation purposes, It may not be used to cover unexcused absences, or to make up time.

(3) Full-time classified and administrative staff are eligible for up to twenty-eight hours of personal leave per calendar year. Part-time staff are eligible for up to fourteen hours of personal leave per calendar year. Personal leave hours will be based on service time to BGSU.

(4) New hires: Personal leave will be provided to all new classified and administrative employees upon initial hire:

  

Full time employees

Part-time employees

Hired on or between January 1st to June 30th

16 hours

8 hours

Hired on or between July 1st to December 31st

8 hours

4 hours

(5) For all continuing full time and part-time administrative and classified employees; As of January frist and each year after initial year of hire, the following accruals will apply:

Full-time staff

0 hours of service through 6239 ( 2.99 years)

16 hours per year

6240 hours (3years) through 10,399 hours ( 4.99 years)

20 hours per year

10,400 hours (5 years) through 20,799 hours (10 years)

24 hours per year

20,800 hours (10 years) and there after

28 hours per year

Part-time staff

0 hours of service through 6239 ( 2.99 years)

8 hours per year

6240 hours (3yrs) through 10,399 hours ( 4.99 years)

10 hours per year

10,400 hours (5 years) through 20,799 hours (10 years)

12 hours per year

20,800 hours (10 years) and there after

14 hours per year

(6) Request for use of personal leave balances must be made in advance giving notice to the immediate supervisor, unless the leave is for use in an emergency situation. The immediate supervisor/department/area head as appropriate will establish reasonable notice. Personal leave will be reported using the time & labor system.

(7) Personal leave may not be used to extend an employee's active pay status, for the purpose of accruing overtime or compensatory time, employee's date of resignation, or date of retirement.

(8) Failure to use all personal leave balances during the calendar year in which it is received, will result in forfeiture of the unused personal leave. At the time of separation from the jt^niversity, employees are not eligible for payment of unused personal leave balances.

(9) The university payroll department will maintain records of accruals, usage, and balances for those eligible for personal leave.

(10) Additional information on the personal leave policy may be found in the administrative staff and classified staff handbooks.

Date: January 1, 2014

Effective: 3/17/2015
Promulgated Under: 111.15
Statutory Authority: 3345
Rule Amplifies: 3345

3341-5-21 Pre-employment background checks.

(A) Policy statement and purpose

To enhance the safety and security of BGSU students, faculty, staff, and others, and to safeguard university property and resources BGSU enacts this policy governing pre-employment criminal background investigations. Bowling Green state university shall require a background investigation be done for newly hired or rehired employees as a pre-condition of employment. For individuals who are proposed for rehire following an interrupted period of employment, a background investigation will be required if there is a break of twelve months or more from the end of the most recent period of employment.

(B) Policy

(1) Background investigations

A criminal background investigation will be performed as part of the hiring process to verify that the selected applicant or employee does not have a pending charge, arrest or criminal record. The criminal background check includes a social security number trace, a county, statewide and federal criminal records search including a search of sex offender registries. Other inquiries pertinent to a particular position, including but not limited to obtaining an applicant's credit history or driving history, will be obtained as warranted. The determination of whether additional inquiries may be required will be determined by the chief human resources officer and the appropriate divisional leader.

(a) Criminal background investigations shall be required prior to employing all prospective full and part time faculty, administrative, classified, intermittent, contract employees, individuals on letters of appointment, and designated temporary and student staff members and volunteers. This policy includes positions which recruitments are conducted, along with individuals hired through approved recruitment exceptions.

(b) The costs associated with conducting the background investigation shall be charged to the employing division.

(c) Certain positions may be subjected to additional background investigation.

These include:

(i) Positions reporting directly to the president or to a vice president with responsibilities for planning, leading, controlling and evaluating the activities of an office or department of the university.

(ii) Positions with access to, or control over cash, checks, credit card accounts, or financially sensitive information.

(iii) Positions with authority to commit the financial resources of the university through purchases or contracts and persons charged with insuring proper expenditures.

(iv) Positions which allow access to personally identifiable information about individuals or organizations associated with the university or involve the creation or maintenance of processes required to secure information maintained by the university including network administrators, systems programmers, human resources, student employment and university advancement personnel.

(v) Positions requiring the operation of university motor vehicles or heavy equipment as part of assigned job duties.

(2) Rules applicable to internal hires

Employees who transfer or who are promoted are exempt from a background investigation unless the position falls into one of the categories listed in one through five above or involves work with minors. Suitability of an employee for the proposed transfer or promotion will be assessed using the same guidelines as those used to evaluate initial hires.

(3) Procedures

(a) Notification to applicants

All candidates subject to this policy shall be notified, in writing, of the requirement to successfully pass background investigations. Candidates shall be required to properly execute the university's electronic authorization release form, the notice and the executed consent shall be made part of the search file.

(b) Initiating background inquiry

The university shall utilize a professional firm specializing in background searches and investigations. All investigations and records are obtained and handled in a confidential manner and in compliance with applicable federal and state laws, including the Fair Credit Reporting Act (FCRA). The following procedures will be used:

(i) Most background investigations provide a seven year history.

(ii) Candidates will be notified in writing in cases where the university is considering taking adverse action based in whole or in part on the information contained in the investigation and shall be given an opportunity to provide a written account of the pertinent event(s).

(iii) If the university takes adverse action, the candidate will be provided an adverse action notice, including further information pertaining to the candidate's rights under FCRA.

(4) Investigation results and use

The background investigation results will be provided to the chief human resource officer or designee. In the CHRO's discretion the results may also be provided to the director of public safety, or the director's designee. If the background investigations reveal criminal activity the CHRO shall consult with the employing unit's contracting officer, the director of public safety or designee, and the office of general counsel to determine the appropriateness of extending an employment offer to the candidate. The CHRO may consult with other senior university executives as warranted, including the president. The hiring authority will be notified of the final decision.

(a) Apart from the persons designated in this section the details of the investigation results will not be provided to any other persons, including search committee members. Results of the background investigations will remain confidential to the extent permitted by Ohio law and shall be maintained by human resources. The investigation results will be shared with authorized individuals only upon a determination that they need to know the information in order to perform their official duties.

(b) Failure to provide authorization and permission to conduct a background investigation will result in withdrawal of a conditional offer of employment.

(5) Suitability for employment

In determining suitability for employment where there is a record of criminal conviction, consideration shall be given to such factors as the specific duties of the position, the number of offenses and circumstances of each, date of conviction, whether the conviction arose out of employment, the accuracy of the explanation of the nature and circumstances of the conviction by the applicant, the applicant's explanation of events, if any, and any evidence of rehabilitation.

(6) Access to background investigation results

Individuals who are not offered employment as a result of a background investigation will be notified of their rights to dispute inaccurate information in accordance with applicable law.

(7) Offer of employment

No candidate for a position shall be employed until authorization is provided to the hiring department/unit and a satisfactory background investigation has been completed. Any offer of employment shall be considered conditional until a background investigation has been completed and all other pre-employment requirements have been satisfied. This requirement shall be stated in any offer letter. Even if, prior to completion of a satisfactory criminal background check, employment is commenced in derogation of this policy, the university reserves the right to determine and confirm the employee's suitability for employment and to end any employment already begun if the background check reveals disqualifying information. In such instances, the employee shall not be eligible for any advance notice of separation.

Date: January 1, 2014

Effective: 3/17/2015
Promulgated Under: 111.15
Statutory Authority: 3345
Rule Amplifies: 3345

3341-5-22 Religious accommodation.

(A) Policy statement and purpose

To set out the university policy governing the accommodation of religious observances by university employees and students.

(B) Policy

It is the policy of the university to comply with the applicable provisions of state and federal law governing the religious accommodation. Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating on the basis of religion and requires that they take steps to accommodate the religious practices and needs of their employees. At BGSU, all employees, faculty, administrative and classified staff, are to be granted a two-hour release time period to attend any religious service or to meet a religious need that occurs during normal working hours. There may be no loss of compensation, vacation or personal time for this period.

(1) Religious practice or need is defined broadly to include moral or ethical beliefs as to what is right and wrong that are sincerely held by the individual person with the strength of traditional religious views. Arrangements for a religious practice must be made in advance with the employee's immediate supervisor. The university will make good faith efforts to provide a reasonable accommodation of an employee's sincerely held religious belief, unless the university believes such an accommodation would create an undue hardship.

(2) It is recognized that in some instances religious observances occur on days that have not been designated as legal holidays by state or federal law. Arrangements relative to time off, such as rearranging a work schedule, are to be mutually agreed upon by the employee and the immediate supervisor. If arrangements relative to the exchange of time cannot be reasonably made without resulting in undue hardship, the excess time the individual is excused must be taken as vacation, personal leave, or leave without pay. Supervisors are encouraged to be flexible in the application of this policy and to make reasonable accommodation unless such an accommodation would clearly cause "undue hardship" in the conduct of university business.

Date: January 1, 2014

Effective: 3/17/2015
Promulgated Under: 111.15
Statutory Authority: 3345
Rule Amplifies: 3345

3341-5-23 Resignation and exit interview.

(A) Policy statement and purpose

To set out the policy governing the resignations of certain non-represented employee groups and the conducting of exit interviews.

(B) Policy

All faculty, administrative and classified staff who terminate employment with BGSU are asked to give, in writing, a reasonable notification of their plans. Two weeks' notice is standard for classified staff and one month's notice is standard for administrative staff. Faculty are asked to give at least three months notification prior to the end of the academic year as per the collective bargaining agreement between the university and the BGSU faculty association-AAUP.

(1) All employees are expected to return university-owned property and equipment (library books, keys, etc.) and to clear up any financial obligations they may have with the university.

(2) All employees are asked to complete an exit interview. The office of human resources conducts these interviews for administrative staff and classified staff; the office of the provost conducts them for faculty and faculty administrators. The interview will cover the status of insurance, retirement, and other benefits upon termination, and instructions about the return of identification cards, parking decals, keys and other property belonging to the university. A fee may be deducted from the employee's last payroll check in the event that university identification cards, keys, telephone cards, uniforms, and parking decals, etc., are not returned. Failure to return other university property, including library materials, will be dealt with on an individual basis.

(3) It is the responsibility of the employee's immediate supervisor to verify the unused sick leave balance for the employee at time of termination and forward that information to the office of human resources. The supervisor should inform the president, the appropriate vice-president or dean, of the date of termination and balance of unused vacation time to be paid to the employee so steps can be taken to remove the individual from payroll.

Effective: 9/26/2016
Promulgated Under: 111.15
Statutory Authority: 3345
Rule Amplifies: 3345
Prior Effective Dates: 3/17/2015

3341-5-24 Political activity.

(A) Policy statement and purpose

To set out the university policy governing the circumstances when a university employee may hold political office, engage in partisan political activity, use university time, property and equipment for political activity, and participate in other activities of a political nature.

(B) Policy

Whether a faculty or administrative staff member may hold a non-university elected or appointed position is dependent upon the compatibility of the two positions involved. Positions are considered incompatible when any of the following situations exist: one position is subordinate to or in any way a check upon the other: time or energies are taken from the duties of the university position: or some specific constitutional or statutory bar exists precluding a person from serving in both positions. If the offices are compatible in these respects, then a faculty member or administrative staff member may engage in such activity.

(1) The rules regarding political activity for classified staff are different: Section 124.57. Revised Code of the prohibits classified staff members from engaging in partisan political activity. "Political activity" and "pohtics" refer to partisan activities, campaigns, and elections involving primaries, partisan ballots and partisan candidates.

(2) Classified staff members may: register and vote: express opinions, either oral or in writing: volunteer financial contributions to political candidates or organizations: circulate nonpartisan petitions or petitions stating views on legislation: attend political rallies: sign nominating petitions in support of individuals: display political materials at home or on private property: wear political badges or buttons, or display political stickers on private vehicles: and serve as a precinct election official.

(3) Classified staff members may not: declare a candidacy or be a candidate for public office in a partisan election: declare a candidacy for or be a candidate for public office in a nonpartisan primary or through the circulation of nominating petitions identified with a political party: file petitions meeting statutory requirements for partisan candidacy to elective office: circulate official nominating petitions for any candidate participating in a partisan election: serve in an elected or appointed office in any partisan political organization: accept a party-sponsored appointment to any office normally filled by partisan election: campaign by writing for publications, by distributing political materials, or by writing and making speeches on behalf of a candidate for partisan elective office, when such activities are directed toward party success: solicit either directly, or indirectly, any assessment, contribution or subscription, either monetary or in-kind, for any political candidate or political party; solicit the sale of or actual selling of political party tickets; engage in partisan activities at the election polls such as soliciting votes for other nonpartisan candidates and nonpartisan issues; serve as a recorder, checker, watcher, challenger, judge or board of election poll worker for any party or partisan committee; participate in political caucuses of a partisan nature; participate in a political action committee, which supports partisan activity.

(4) The chief of human resources is available for consultation about employee participation in political activity.

Date: January 1, 2014

Effective: 3/17/2015
Promulgated Under: 111.15
Statutory Authority: 3345
Rule Amplifies: 3345

3341-5-25 Solicitation.

(A) Policy statement and purpose

To set out the policy governing solicitation activities on campus.

(B) Policy

Many campus groups and/or individuals seek funding support for activities that are not part of the standing functions of the university. The following guidelines are provided to expedite consideration of these requests.

(1) Individual, departmental or college special activities: Individuals or groups seeking funding for academic-related activities (such as conference attendance or remuneration of speakers for campus events) must present a written proposal to their departmental chair or director for consideration. Awards for such requests are at the discretion of the chair or director. Requests that are approved at the departmental level, but for which full or partial funding is not available, may be transmitted to the college dean for consideration. Requests forwarded to the dean must be accompanied by a written endorsement from the chair or director.

(2) Requests approved by the dean, but for which full or partial funding is unavailable, may be transmitted to the provost and vice president for academic affairs when accompanied by an endorsement from the dean. (If the activity, in whole or in part, has a student affairs focus or component, the solicitation should be sent to the vice president for student affairs.)

(3) Guidelines for funding proposals at the departmental or college level suggest inclusion of a:

(a) Brief description of the activity or program to be supported;

(b) List of coordinating individuals and participating internal and external organizations;

(c) Timeline for planning and implementation;

(d) And a budget itemizing and justifying costs to the extent possible.

(4) Requests that are denied can be revised and resubmitted for further consideration at the appropriate level.

(5) University-wide special activities: If the activity, in whole or in part, has an academic affairs focus or component, the solicitation should be sent to the provost and vice president for academic affairs. The provost will meet with the council of deans to determine whether the activity is worthy of funding consideration and what each reporting academic affairs unit will agree to contribute to the activity. The campus group or individual will be informed of the decision and, if appropriate, the breakdown of funding agreements. (If the activity, in whole or in part, has a student affairs focus or component, the solicitation should be sent to the vice president for student affairs.)

(6) Requests for funding for university-wide activities must be accompanied by a written proposal including a:

(a) List of participating university divisions and/or units and coordinating individuals;

(b) List of participating external organizations and coordinating individuals;

(c) Detailed description of the specific program or activities planned;

(d) Timeline for planning and implementation;

(e) Budget itemizing and justifying costs for staff, supplies, services, equipment, etc.; and

(f) A list of all individuals, within the university and the community, solicited for support. (Copies of the written requests and any subsequent agreements must be submitted with the request.)

(7) Applications for funding must be made prior to official commitment and or implementation of the event or program. Individuals and/or organizations that do not follow the official procedure to secure funding in advance are ineligible for support.

(8) Each individual, organization, and division named in the request must receive a copy of the submitted proposal.

(9) No solicitation for university-wide special activities should be made to individual campus units. Campus groups and/or individuals whose planned activities are more narrowly focused within the academic or student affairs divisions (e.g., an individual college) may solicit funds internally from that unit. However, the same general procedures should be followed.

Date: January 1, 2014

Effective: 3/17/2015
Promulgated Under: 111.15
Statutory Authority: 3345
Rule Amplifies: 3345

3341-5-26 Stand-by pay.

(A) Policy statement and purpose

The Fair Labor Standards Act requires that compensation be provided to hourly employees who are required to carry a cell phone and respond to calls for service. This policy establishes the criteria for receiving "Stand-by" pay.

(B) Policy

(1) Maintenance and trades employees who are designated as required to "stand-by" and required to carry a university issued cell phone and respond to calls for service as a condition of their position will be compensated according to the established guidelines. Questions regarding the guidelines can be directed to the office of human resources. Conditions which qualify an employee for the additional compensation are as follows:

(a) Employees designated as "stand-by" must carry a university issued cell phone and respond to calls for service within thirty minutes of receipt of a call.

(b) Employees must be available within thirty driving minutes from the university.

(c) Employees must be able and available for work and must refrain from the use of alcohol or prescription medications which may render them unable to perform the duties of their job.

(2) Additional Information:

Employees who fail to perform to the above conditions are subject to the university's progressive discipline policy and may not receive additional compensation.

Date: January 1, 2014

Effective: 3/17/2015
Promulgated Under: 111.15
Statutory Authority: 3345
Rule Amplifies: 3345

3341-5-27 Alcohol and controlled substance policy for employees with commercial driver license.

(A) Policy statement and purpose

The purpose of this policy is to comply with all applicable federal regulations adopted by the federal highway administration (FHWA) of the U.S. department of/ transportation. The FHWA has enacted forty-nine CFR parts three hundred eighty-two, three hundred ninety- one, three hundred ninety- two, and three hundred ninety five as amended in the Federal Register. These regulations mandate urine drug testing and breath-alcohol testing for all employees who are required to obtain a commercial driver's license (CDL). The regulations also prohibit the driving of commercial motor vehicles (CMV) when there is a positive test result.

(B) Policy

The public expects services provided by employees of Bowling Green state university to be delivered in the safest and most conscientious manner possible. Involvement with drugs and alcohol can adversely affect job performance and employee safety. The presence of drugs or alcohol on the job and the influence of these substances on employees during working hours are inconsistent with the university's objective to maintain a drug and alcohol-free workplace.

The assistant vice president for human resources (or designee) is the person assigned by the university to answer questions from employees and supervisors or managers about the policy and the university's implementation of the FHWA regulations. Division(B)(1) of section 382.601 the Revise Code of section Employees who think they may have an alcohol or controlled substance problem are urged to voluntarily seek assistance from the university's employee assistance program. While the university will be supportive of those who seek help voluntarily, the university will be equally firm in identifying and disciplining those who are, or continue to be. substance or alcohol abusers and do not seek help.

To further our commitment of maintaining a drug and alcohol-free workplace in order to provide a safe work environment for employees and safe service delivery to the public, it is our policy to:

Ensure that employees who operate commercial motor vehicles are not impaired in their ability to perform their work in a safe and productive manner:

Conduct controlled substance and alcohol testing as required by FHWA regulations: and

Encourage employees to seek professional assistance any time alcohol or drug use adversely affects their ability to perform their work assignments.

(1) Covered employees

This policy applies to all employees who operate a commercial motor vehicle (defined in this paragraph) to carry out their job duties for Bowling Green state university or who are required as a condition of employment to possess and maintain a commercial driver's license (CDL). Participation in the university's CDL alcohol and controlled substance testing program is required for these employees and is considered to be a condition of employment.

A "commercial motor vehicle" is a vehicle that (section 382.107 of the Revise Code)

(a) Has a gross combination weight rating of twenty-six thousand and one or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than ten thousand pounds: or

(b) Has a gross vehicle weight rating of twenty-six thousand and one or more pounds: or

(c) Is designed to transport sixteen or more passengers, including the driver:

or

(d) Is of any size and is used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act and which require the motor vehicle to be placarded under the hazardous materials regulations.

(2) Safety-sensitive functions

The FHWA alcohol and controlled substance regulations apply to employees when performing safety-sensitive functions. For this purpose of this policy, the term "safety-sensitive function" shall mean any of the "on-duty" functions described in the forty-nine CFR and as follows: section 395.2 of the Revise Code)

(a) All time waiting to be dispatched. This includes any "on-call" time.

(b) All time inspecting, servicing, or conditioning any commercial motor vehicle.

(c) All driving time as defined by the regulations.

(d) All other time spent in or on any commercial motor vehicle.

(e) All time loading or unloading a vehicle, supervising, or assisting in the loading or unloading, attending a vehicle being loaded or unloaded, remaining in readiness to operate the vehicle, or in giving or receiving receipts for shipments loaded or unloaded.

(f) All time spent dealing with a commercial motor vehicle accident.

(g) All time repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle.

(h) All time spent providing a breath or urine specimen, including travel time to and from the collection site, in order to comply with the random, reasonable suspicion, post-accident, or follow-up testing required by this policy when directed by the university.

(i) Performing any other work in the capacity of. or in the employ or service of. a common, contract, or private carrier.

(j) Performing any compensated work for any non-motor carrier entity.

(3) Prohibited conduct

Prohibited conduct addressed by this policy includes the following:

(a) No employee shall report for duty or remain on duty requiring a performance of safety-sensitive functions while having an alcohol concentration of four hundredths or greater. (Section 382.201 of the Revise Code)

(b) No employee shall be on duty or operate a commercial motor vehicle while the employee possesses alcohol, unless the alcohol is displayed and transported as part of a shipment. (Section 382.204 of the Revise Code)

(c) No employee s functions. This includes lunch periods, breaks, or when an employee is scheduled to return to work. (section 382.205 of the Revise Code)hall use alcohol while performing safety-sensitive

(d) No employee shall perform safety-sensitive functions within four hours after using alcohol. (section 382.207 of the Revise Code)

(e) When involved in an accident that requires a post-accident alcohol test, an employee shall not use alcohol within eight hours of the accident or prior to submitting for the post-accident test, whichever comes first. (section 382.209 of the Revise Code)

(f) No employee shall refuse to submit to a post-accident alcohol or controlled substances test required under section 382.303 of the Revise Code. a random alcohol or controlled substances test required under section 385.305 of the Revise Code. a reasonable suspicion alcohol or controlled substances test required under section 382.307 of the Revise Code. or a follow-up alcohol or controlled substances test required under section 382.311 of the Revise Code. The university will not permit an employee who refuses to submit to such tests to perform or continue safety sensitive functions. (section 382.211 of the Revise Code) The employee who refuses to comply to the testing policy will be subject to termination procedures.

(g) No employee shall perform a safety-sensitive function when the employee uses any controlled substances, except when prescribed by a physician who has determined that the substance will not adversely affect the employee's ability to safely operate a commercial motor vehicle. The university may require an employee to inform the university of any therapeutic drug use. (section 382.213 of the Revise Code)

(h) No employee shall report for duty, remain on duty, or perform safety-sensitive functions if the employee tests positive for controlled substances. (section 382.215 of the Revise Code)

(4) Prohibited substances

Prohibited substances addressed by this policy include the following:

(a) Illegally used or controlled substances or drugs

These substances include, but are not limited to the following: marijuana, amphetamines, opiates, phencyclidine (PCP) and cocaine, as well as any drug not approved for medical use by the U.S. drug enforcement administration or the U.S. food and drug Administration. Illegal use includes use of any illegal drug, misuse of legally prescribed drugs, and use of illegally obtained prescription drugs

(b) Legal drugs

The appropriate use of legally prescribed drugs or non-prescription medications is not prohibited. However, the use of any substance which carries a warning label that indicates that mental functioning, motor skills, or judgment may be adversely affected shall be reported to supervisory personnel, and medical advice should be sought, as appropriate, before performing work-related duties. The misuse or abuse of legal drugs while performing university business is prohibited.

(5) Testing facility and procedures

The university will use the services of the Wood county council on alcoholism and drug abuse, Inc. The medical review officer (MRO) will be obtained according to the university's contract with the Wood county council on alcoholism and drug abuse, inc. The MRO will have no official association with the university testing shall be conducted in a manner to assure a high degree of confidentiality, accuracy, and reliability. All testing will be conducted consistent with the procedures set forth in forty-nine CFR part fourty amended.

The controlled substances tested for are marijuana, cocaine, opiates, amphetamines, and phencyclidine (PCP).( 40.21 of the Revise Code)

(6) Payment for testing

The university shall be responsible for the payment of the following:

(a) Random selection program costs

(b) DOT urine drug screen collection and testing for pre-employment, post-accident, random, and reasonable suspicion tests costs

(c) DOT alcohol breathalyzer test for post-accident, random, and reasonable suspicion test costs

(d) Mandatory supervisor and employee training

(e) The employee will be responsible for the payment of all other tests and services not specified above.

(7) Record retention

The medical review officer (MRO) will serve as the sole custodian of individual test results and will retain the individual test results for a minimum of five years. ( Division (B)(1) of section 382.401 of the Revise Code (b) (1)) The University will retain in its personnel files information that will indicate only the following:( Section 382.407 of the Revise Code

(a) Name of the employee:

(b) Date of the test:

(c) Location of the test:

(d) Type of test conducted (random, post-accident, pre-employment, pre-duty, reasonable suspicion, retum-to-duty. follow-up. or employee requested):

(e) Identity of the person or entity conducting the test: and

(f) Test findings either as positive or negative, and if positive, the identity of the controlled substances.

(g) The annual calendar year summary of the results of the alcohol and controlled substance testing programs must be completed by March fifteenth of the following year.

This report will be completed by the human resources director or the Wood county council on alcoholism and drug abuse, mc. (section 82.403 of the Revise Code)

(8) Alcohol and controlled substance testing

An employee is subject to FHWA mandatory testing for alcohol and controlled substances under the following circumstances:

(a) Pre-employment/pre-duty testing (section 382.301 of the Revise Code)

An applicant for employment must be tested for alcohol and controlled substances before the first time the employee performs any safety-sensitive function for the university.

All applicants who have been tendered an offer of employment, shall undergo urine drug testing and breath alcohol testing.

Testing will also be required when current employees transfer to safety-sensitive positions.

The university will not allow an applicant or employee to perform a safety-sensitive function unless the result of the breath alcohol test indicates a breath alcohol level of less than four hundredths, and has received a controlled substance test result from the MRO indicating a verified negative test. If the results of the employee's alcohol test indicated a breath alcohol concentration of two hundredths or greater, but less than four hundredths, the employee will not be permitted to perform safety-sensitive functions until the start of the employee's next regularly scheduled duty period, but not less than twenty-four hours following the administration of the test. (section 82.505 of the Revise Code) (section 382.301 of the Revise Code)

Any individual who refuses to submit to a controlled substance or alcohol test or who tests positive for a controlled substance shall be deemed medically unqualified and shall not be eligible for employment with the university. (section 382.211 of the Revise Code)

Evidence of the absence of drug or alcohol dependency from a substance abuse professional, and negative drug and alcohol tests will be required before further consideration for employment.

The university will notify an applicant of the results of pre-employment/pre-duty alcohol and/or controlled substance tests provided that the applicant requests the test results within sixty days of employment notification by the university. (section 382.411 of the Revise Code)

(b) Post-accident testing section 382.303 of the Revise Code)

An employee must be tested for alcohol and controlled substances as soon as practicable following an accident involving a commercial motor vehicle, if

(i) The employee was performing a safety-sensitive function with respect to the vehicle, and the accident resulted in the loss of a human life (whether or not the employee caused the accident); or

(ii) The employee receives a citation under state or local law for a moving violation arising out of the accident.

(iii) An employee who is involved in an accident or violation must refrain from alcohol use for either eight hours following an accident or until the employee undergoes a post-accident alcohol test.

Once an employee presents themselves to a supervisor for testing, the employee shall be maintained on the regular payroll. However, if a positive test result occurs, then those hours spent following the accident awaiting the test result shall be charged against the employee's accrued leave time.

Following an accident or violation

(iv) An employee will be tested for alcohol within two hours of an accident or violation. If an alcohol test is not accomplished within two hours of an accident or violation, then a written record shall be prepared and maintained in the personnel file stating the reasons the alcohol test was not promptly administered.

(v) If the alcohol test has not been accomplished within eight hours following notification, the university shall stop its attempt to administer the alcohol test. The university shall prepare and maintain in the personnel file a written record stating the reasons the alcohol test was not promptly administered.

(vi) An employee will be tested for a controlled substance within thirty-two hours. If a post-accident controlled substance test is not administered within thirty-two hours following an accident, the university shall prepare and maintain a written record in the personnel file stating the reasons the test was not promptly administered.

(vii) An employee who is subject to post-accident testing shall remain readily available for such testing. If the employee is not readily available, the employee may be deemed by the university to have refused to submit to testing. Nothing in this policy shall be construed to require the delay of necessary medical attention for injured persons following an accident to or prohibit an employee from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident, or to obtain necessary emergency medical care.

(viii) The university can use (by permission from the FHWA) post-accident tests conducted by federal, state, or local officials as meeting the requirements of this section under the following conditions:

(a) The official must have independent authority to conduct the tests.

(b) The test must conform to federal, state, or local requirements.

(c) Alcohol tests require blood or breath samples.

(d) Controlled substance tests require a urine sample.

(c) Random testing (section 382.305 of the Revise Code)

All university employees will be subject to random, unannounced alcohol and controlled substance testing. The tests will not be announced in advance and will be spread reasonably throughout the year. The selection process used shall be that which is utilized by the Wood County council on alcoholism and drug abuse, inc. Employees will be tested on the day notified. A minimum of twenty-five per cent of the employees will be tested annually for alcohol, and a minimum of fifty per cent of the employees will be tested annually for controlled substances.

The FHWA will increase or decrease the minimum annual per centage rate for alcohol testing based on the reported violation rate for the entire industry. Annually, the FHWA will publish in the Federal Register the minimum annual per centage rate for random alcohol testing for employees. The new minimum annual per centage rate for random alcohol testing will be applicable beginning January first of the calendar year following the publication. Employees will only be tested randomly for alcohol when they are performing safety sensitive functions, immediately prior to, or after performing safety-sensitive functions.

After an employee has been randomly selected for a test, the employee must immediately proceed to the testing site upon notification of being selected.

If an employee who has been randomly selected for a test is on vacation or other preapproved form of leave, then another employee will be selected as an alternate. The alternate will then be subject to the random test process on that day. It is also the option of the university to keep the original selection confidential until the employee returns to duty.

(d) Reasonable suspicion testing (section 82.307 of the Revise Code)

When a trained supervisor, manager, or other university official observes behavior, appearance, speech, or body odors of an employee that are characterized of alcohol and/or controlled substances abuse, including indication of chronic and withdrawal effects of controlled substances, the department will notify the human resources department. The human resources department will contact the Wood county council on alcoholism and drug abuse, inc. for testing. Testing^ is done only if the observations are made during, just before, or just after the period of the work day the employee is required to be in compliance.

Once an employee has been notified that a reasonable suspicion test will be conducted, it must take place within two hours of the notification. If the test is not accomplished within two hours, a written record shall be prepared and maintained in the personnel file stating the reasons the alcohol test was not promptly administered. If the test has not been accomplished within eight hours following notification, the university shall stop its attempt to administer the test and prepare and maintain in the personnel file a written record of the reasons the alcohol test was not promptly administered.

When it is not feasible or possible to conduct a reasonable suspicion alcohol test in a timely manner, the employee is not permitted to perform safety-sensitive functions for eight hours or until an alcohol test is administered in this time period with results below two hundredths.

An observed behavior--reasonable cause record form (VCttachment I) shall be made of the observations leading to an alcohol or controlled substance reasonable suspicion test and signed by the supervisor or university official who made the observations. The record shall be made within twenty-four hours of the observed behavior or before the results of the controlled substances test are released, whichever is first.

Once an employee has been directed to undertake testing, the employee will continue to be maintained on the regular payroll. However, if a positive test result occurs, then those hours spent awaiting the test results shall be charged against the employee's accrued leave time.

(e) Return-to-duty testing (section 382.309 of the Revise Code)

All employees, who previously tested positive on a controlled substance or alcohol test, must test negative for the controlled substances and have a breath alcohol concentration of less than two hundredths.

Employees must also be evaluated and released to duty by the substance abuse professional (SAP). Once an employee has been returned to duty by the SAP, the employee will be required to undergo frequent and unannounced follow-up testing.

There will be a minimum of six follow-up controlled substance and/or alcohol tests in the first twelve months following re-entry to the job. Follow-up testing may extend for up to sixty months following an employee's return to duty. Alcohol follow-up tests shall only be administered when the employee is performing a safety-sensitive function, either immediately prior to or after the safety-sensitive function is performed. (section 382.605 of the Revise Code)

Follow-up testing shall be at the expense of the employee.

(f) Employee requested testing (section 40.33 of the Revise Code

Any employee, who questions the results of a required drug test under this policy, may request that an additional test be conducted. This test must be conducted at a different testing laboratory which is certified by the department of health and human services (DHHS). The test must be conducted on the split sample that was provided at the same time as the original sample. The cost of the second test shall be paid by the employee, unless the second test invalidates the original test.

The employee's request for a split sample test must be made to the MRO within seventy-two hours of notice of the initial test result. Requests after seventy-two hours will only be accepted if the delay was due to documented facts that were beyond the control of the employee.

(g) Follow-up testing section 382.311 of the Revise Code)

Following a determination that an employee is in need of assistance in resolving problems associated with alcohol and/or controlled substances abuse, the employee is subject to unannounced follow-up testing as directed by a substance abuse professional.

Follow-up alcohol testing shall be conducted only when the employee is performing safety sensitive functions, just before the employee is to perform safety-sensitive functions, or just after the employee has ceased performing safety-sensitive functions.

(9) Supervisory responsibility

The university is dedicated to assuring fair and equitable application of this alcohol and controlled substance abuse policy. Therefore, supervisors or managers are required to use and apply all aspects of this policy in an unbiased and impartial manner. Any supervisor or manager who knowingly disregards the requirements of this policy, or who is found to deliberately misuse the policy in regard to subordinates, shall be subject to disciplinary action up to and including termination.

Supervisors or managers must not permit an employee to perform safety-sensitive functions if they have actual knowledge that the employee

(a) Has a blood alcohol concentration of four hundredths or greater (section 382.201 of the Revise Code); or

(b) Has alcohol in their possession (§ 382.204 of the Revise Code); or

(c) Is using alcohol on the job (section 382.205 of the Revise Code); or

(d) Has used alcohol within the past four hours (section 382.207 of the Revise Code); or

(e) Refused to submit to an alcohol or drug test required by this policy (§ 382.211 of the Revise Code); or

(f) Has used a controlled substance (section 382.213 of the Revise Code); or

(g) Tested positive for controlled substances. (section 382.215 ) of the Revise Code

(10) Training

The university shall ensure that persons designated to determine whether reasonable suspicion exists to require an employee to undergo testing receive at least sixty minutes of training on alcohol misuse and receive at least an additional sixty minutes of training on controlled substances use. The training shall cover the physical, behavioral, speech, and performance indicators of probable alcohol misuse and use of controlled substances. (section 382.603 of the Revise Code)

Supervisors will also receive training on the policy and procedures regarding the university's policy and the FHWA regulations.

Employees will receive training that will cover the university policy, testing procedures, and the federal regulations. Employees will also receive a copy of the university's policy at the training session. (section 382.601 of the Revise Code)

(11) Referral, evaluation, and treatment (section 382.605 of the Revise Code)

Each employee who has engaged in conduct prohibited in this policy shall be evaluated by a substance abuse professional (SAP) who shall determine what assistance, if any, the employee needs in resolving problems associated with alcohol and controlled substances misuse.

The SAP is a licensed or certified physician, psychologist, social worker, employee assistance professional, or addiction counselor with knowledge of and clinical experience in the diagnosis and treatment of alcohol-related and controlled substance disorders. (section 382.107 of the Revise Code) The substance abuse professional services will be provided by the Wood County council on alcoholism and drug abuse, Inc. or by Harbor employee assistance. Harbor employee assistance also conducts the employee assistance programs for the university.

If the SAP determines that no assistance is necessary, then the employee shall return to work with all time off awaiting the report of the SAP charged to the employee's accrued but unused sick, vacation, compensatory, or personal leave balances. Employees who have insufficient leave balances to cover the period of time that they are awaiting the report of the SAP shall be granted a leave of absence without pay.

If the SAP determines that an employee needs assistance in resolving problems associated with alcohol misuse or controlled substance use, then in order to return to duty, the employee must be further evaluated by the SAP to determine that the employee has properly followed a rehabilitation program. For those employees seeking treatment, the employee benefits that would otherwise be available to the employee shall continue, for example, sick leave, vacation leave, personal business leave, compensatory leave, family medical leave and group health insurance benefits. Employees wrio have insufficient leave balances to cover their leave shall be granted a leave of absence without pay during their time in rehabilitation or treatment.

Any costs associated with evaluations, treatment, or rehabilitation services may be eligible for payment through the university's health insurance plan, subject to deductible, copayments, and lifetime caps.

If an employee is allowed to return to duty, the employee must properly follow the rehabilitation program prescribed by the SAP and the return-to-duty section of this policy.

Assessment by the SAP does not shield an employee from disciplinary action or guarantee employment or reinstatement with the university. Any employee who refuses or fails to comply with the university's policy requirements for treatment, after care, or return-to duty, shall be subject to discipline.

The university shall ensure that the SAP who determines that an employee requires assistance in resolving problems with alcohol misuse or controlled substances use does not refer the employee to The substance abuse professional's private practice; or

(a) A person or organization from the substance abuse professional's private practice; or

(b) A person or organization from which the substance abuse professional receives remuneration or has a financial interest

However, this does not prohibit a substance abuse professional from referring an employee for assistance provided through a public agency, such as a state, county, or municipality;

(i) The employer or a person under contract to provide treatment for alcohol or controlled substance problems on behalf of the university;

(ii) The sole source of therapeutically appropriate treatment under the employee's health insurance program; or

(iii) The sole source of therapeutically appropriate treatment reasonably accessible to the employee.

The requirement of this policy with respect to referral, evaluation and rehabilitation does not apply to applicants who refuse to submit to a pre-employment alcohol or controlled substances test or who have a pre-employment controlled substances test with a verified positive test result

(12) Other alcohol related conduct (§ 382.505 of the Revise Code)

No employee tested under the provisions of the policy who is found to have an alcohol concentration of two hundredths or greater but less than four hundredths shall perform or continue to perform safety-sensitive functions for the university, including driving a commercial motor vehicle.

Refusal to submit means that an employee (§ 382.107 of the Revise Code)

(a) Fails to provide adequate breath for testing without a valid medical explanation after the employee has received notice of the requirement for breath testing in accordance with the policy; or

(b) Fails to provide adequate urine for testing without a valid medical explanation after the employee has received notice of the requirement for urine testing in accordance with the policy; or

(c) Engages in conduct that clearly obstructs the testing process.

(d) Refusing to submit to a test shall be treated as a positive test result. (§ 382.211 )

(13) Refusal to submit to a required alcohol or controlled substances test (§ 382.211 )

No employee shall refuse to submit to a post-accident, random, reasonable suspicion, or follow-up alcohol or controlled substances test. The university will not permit an employee who refuses to submit to such tests to perform or continue to perform safety-sensitive functions. Refusal to submit means that an employee (§ 382.107 )

(a) Fails to provide adequate breath for testing without a valid medical explanation after the employee has received notice of the requirement for breath testing in accordance with the policy; or

(b) Fails to provide adequate urine for testing without a valid medical explanation after the employee has received notice of the requirement for urine testing in accordance with the policy; or

(c) Engages in conduct that clearly obstructs the testing process.

(d) Refusing to submit to a test shall be treated as a positive test result. (§ 382.211 )

(14) Discipline

(a) First offense

An employee who receives a verified alcohol concentration of four hundredths or greater or a verified positive controlled substance test will be required to undergo referral evaluation, and treatment as explained in Section XIII of this policy. Furthermore the employee will be suspended without pay for a period of two working days. The period of suspension shall be served upon the completion of the rehabilitation or treatment program.

(b) Second offense

An employee who is returned to duty following assessment and/or treatment and who received either a verified alcohol concentration of four hundredths or greater or a verified positive controlled substance test on any subsequent random, follow-up, return-to duty, reasonable suspicion, or post-accident alcohol or controlled substance test within five years of this return-to-duty, shall again be required to undergo referral, evaluation, and treatment as explained in Section XIII of this policy. Furthermore, the employee will be suspended without pay for a period of ten working days. The period of suspension shall be served upon the completion of the rehabilitation or treatment program.

(c) Third offense

An employee who is returned to duty following the second referral for assessment and/or treatment and who receives either a verified alcohol concentration of four hundredths or greater, or a verified positive controlled substance test on any subsequent random, follow-up return-to-duty, reasonable suspicion, or post accident alcohol or controlled substance test within five years of the employee's first return to duty shall be terminated. An employee who fails to comply with university requirement for evaluation, treatment, or return-to-duty testing shall be subject to termination.

The discipline prescribed above for second and third offenses may be subject to appeals in accordance with the discipline procedures established by the university.

(15) Removal from safety-sensitive function(section 382.501 of the Revise Code) No employee shall perform safety-sensitive functions, including driving a commercial motor vehicle, if the employee has engaged in conduct prohibited by this policy or an alcohol or controlled substances mle of another department of transportation (DOT) agency.

The university will not permit any employee to perform safety-sensitive functions, including driving a commercial motor vehicle, if the university has determined that the employee has violated this policy.

(16) Release of testing information by previous employers ( 382.413 )

The university may obtain, pursuant to an employee's written consent, any of the information concerning the employee that is maintained pursuant to "Subpart D - handling of Test Results, Record Retention" and Confidentiality -of the Federal Regulations.' by the employee's previous employers. The requested information must be obtained from the official records of the previous employers.

The university shall obtain, pursuant to an employee's consent, information on the employee's alcohol tests with a concentration result of four hundredths or greater, positive controlled substances test results, and refusals to be tested, within the previous two years.

The information must be obtained and reviewed by the university no later than fourteen calendar days after the first time an employee performs safety-sensitive functions. The university will not permit an employee to perform safety-sensitive functions after fourteen calendar days without obtaining the information. If the employee stops performing safety-sensitive functions for the university before expiration of the fourteen day period or before the university has obtained the information required in the paragraph above, the university must still obtain the information.

The university may obtain from any previous employer the information related to that person's participation in an alcohol and controlled substance testing program. The university will obtain written permission from the individual employee to acquire this information. The university may obtain the information from the previous employer personal interview, telephone interview, letter, facsimile, or other method as long as measures are taken to ensure confidentiality. The university will maintain a written, confidential record with respect to each of the past employers contacted.

The university will obtain and review the information listed below from any previous employer where the individual performed safety-sensitive functions the previous two years. The university must request and review this information within fourteen days after the person first performs a safety-sensitive function. The information will include:

(a) The individual's breath alcohol tests that indicated concentration of four hundredths or greater; and

(b) Positive controlled substance tests; and

(c) Any refusals to submit to a required alcohol or controlled substance test.

The university will not employ any individual to perform safety-sensitive functions if the university obtains information indicating that the person has tested positive for controlled substances, tested at or above four hundredths breath alcohol concentration, or refused to test unless the employer has evidence the person has been evaluated by a SAP, completed any required counseling or rehabilitation, passed a return-to-duty test, and been subjected to follow-up testing.

Any other release of information is only released with the employee's consent. If an employee initiates a grievance, hearing, lawsuit, or other action as a result of a violation of these rules, the employer may release relevant information to the decision maker.

(C) Certificate of receipt

I hereby certify that I have received and read Bowling Green state university's alcohol and controlled substance policy for employees with commercial driver's license.

I understand that a copy of this certificate of receipt shall be maintained in my personnel file and that a copy will also be provided to me.

Date: October 2005

Effective: 3/17/2015
Promulgated Under: 111.15
Statutory Authority: 3345
Rule Amplifies: 3345

3341-5-28 Violence in the workplace.

(A) Policy statement and purpose

The purpose of this policy is to support a safe environment for all Bowling Green state university employees clear of acts of violence, threats of violence, or intimidation.

(B) Policy

Bowling Green state university has a very clear policy that acts of violence, threats of violence, or intimidation will not be tolerated among its employees (faculty, administrative and classified staff) while engaged in the work they were hired to do. The university recognizes the importance of providing a safe environment for all of its employees. In this community, victims/survivors will be treated with dignity and respect. Any persons found in violation of this policy may be subject to disciplinary action. Violators may also be subject to criminal prosecution. For purposes of this policy, violence shall be defined as:

(1) Any exercise of force against another person or against property that could result in physical or emotional harm.

(2) Any threats of violence including any verbal or non-verbal communication that inflict harm.

(3) Intimidation including any verbal or non-verbal act towards another person, the purpose of which may be to coerce, and the result of which could cause the other person to fear for their safety or the safety of others.

In many situations, these actions could also rise to the level of criminal acts under the Ohio Revised Code. Acts defined in this section include, but are not limited to, physical assault or abuse, sexual assault or abuse, stalking, verbal or other threats of physical or sexual assault, threats that may include a weapon, and damage or destruction of another's property. BGSU is committed to providing education, prevention, advocacy, intervention, and support services which address acts of violence, threats of violence, and intimidation. In addition, the university collaborates with community agencies and professionals in providing services and referrals. All members of the university community are asked to report violations of the policy on violence in the workplace to appropriate authorities.

Additional information on the violence in the workplace policy may be found in the classified staff handbook, the administrative staff handbook and the charter's faculty handbook.

Date: September 2004

Effective: 3/17/2015
Promulgated Under: 111.15
Statutory Authority: 3345
Rule Amplifies: 3345

3341-5-29 Pay transactions policy for classified staff.

(A) Policy statement and purpose

The purpose of this policy is to clarify pay transactions. These clarifications are in keeping with university policy and are supported by federal and state laws.

(B) Policy

(1) Lateral move within classification/pay grade. There is no change in total rate of pay.

(2) Reclassification.

The employee will be placed at the end of probation rate for the new pay grade or a six per cent increase, whichever is greater.

(3) Promotion.

The employee will be placed at the starting rate of the new pay grade or a four per cent increase, whichever is greater. At the end of the probationary period, the employee will advance to the end of probation rate or a four per cent increase, whichever is greater. In the event the probationary period is not satisfactorily completed, the employee will be returned to the former classification and rate of pay and to the same or similar position.

(4) Overtime.

At certain times, it may be necessary for your department to work more than forty hours per week. If this occurs and your supervisor asks you to work overtime, you are expected to comply with this request, unless prohibited by some bona fide emergency. Overtime will be distributed as evenly as possible among eligible employees in the department.

All classified staff members are entitled to overtime pay for authorized overtime resulting in more than forty hours of active pay status in a work week. Active pay status includes work time, sick leave, personal leave, vacation and compensatory time used. Overtime may be either one-and-one-half times the total rate of pay, or compensatory time at one-and-one-half times the overtime hours worked. Compensatory time must be used at a time mutually agreeable between the employee and supervisor. The choice of taking overtime pay or compensatory time off is the employee's alone and cannot be altered by the immediate supervisor.

A maximum accrual of four hundred eighty hours of compensatory time is permitted for university law enforcement officers and two hundred forty hours for all other employees. When the maximum number of hours of compensatory time accrual is reached, payment for overtime will be made.

(5) Scheduled call-in pay.

If you are scheduled (prearranged between supervisor and employee) to return to work outside your normal work schedule, the university will pay you for all hours worked but in no event will you be paid less than two hours at your total rate of pay.

(6) Emergency call-back pay.

After regularly scheduled hours of work have ended and without prearrangement, if the employee is called-back to work, callback pay is guaranteed. An employee entitled to call-back pay is entitled to a minimum of four times the employee's total rate of pay regardless of the number of hours worked. When the point is reached where the actual hours worked (more than two hours, forty minutes) provide compensation exceeding the assured minimum, regular overtime provisions will apply.

(7) Holiday pay.

If you are required to work on a holiday, in addition to holiday pay, you will be paid for your time worked at one-and-one-half times your total hourly rate of pay; or you may elect compensatory time off at one-and-one-half times the number of hours worked in lieu of receiving compensation for time worked on the holiday.

(8) Professional achievement pay.

If your job requires a specific license or certification required by law and the requirement is not contained in the classification specification, you may be eligible for an increase in hourly rate that is five per cent of the starting rate for as long as the licensing or certification is needed and maintained.

(9) Hazardous duty pay.

If your job requires you to be exposed to hazardous conditions not contained or specifically intoned in the classification specification, you may be eligible to be paid an additional five per cent, seven and a half per cent, or ten per cent of the starting rate of pay for the duration of time that the hazardous duty is performed. The per centage to be paid is based on the degree of hazard. An example of a hazardous condition not contained in a classification specification is asbestos removal.

(10) Temporary reassignment.

If you are temporarily assigned to a classification that has a higher pay grade than the one to which you are presently assigned, you will receive a five per cent increase to your total hourly rate of pay for the duration of the temporary reassignment. Temporary reassignments must exceed a minimum of two weeks (fourteen calendar days) and not exceed ten weeks in duration. If the temporary reassignment is the result of an employee on a leave of absence, and where the employee is scheduled to return, the assistant vice president may waive the ten-week maximum period, human resources as appointing authority.

(11) Demotion.

If an employee voluntarily bids and accepts a position that has a lower pay grade, the individual will be assigned to a rate of pay in the lower classification that provides the same per centage differential between the end of probation rates for the two classifications. If the difference in the end of probationary rates between a secretary one (pay grade six) and a clerical specialist (pay grade five) is four point seven per cent, the individual's hourly rate will be reduced by this per centage and will be no lower than the end of probation rate.

(12) Layoff.

If an employee displaces to a classification that has a lower pay grade, the individual will be assigned to a rate of pay in the lower classification that provides the same per centage differential between the end of probation rates for the two affected classifications. If a cook one (pay grade three) displaces to a food service worker (pay grade one) and the difference between end of probationary rates is eight point three per cent, the affected individual's hourly rate will be reduced by this per centage and will be no lower than the end of probation rate.

Effective: 12/4/2017
Promulgated Under: 111.15
Statutory Authority: 3345
Rule Amplifies: 3345
Prior Effective Dates: 3/17/2015

3341-5-30 Independent contractors policy.

(A) Policy statement and purpose

The purpose of this policy is to prescribe guidelines for obtaining the services and compensating an independent contractor at Bowling Green state university under the conditions established by the IRS. It is the intent of university to classify individuals as independent contractors only when there is a reasonable basis for such determination.

(B) Policy

(1) Eligibility.

(a) Individuals classified as independent contractors are not eligible for any employee benefits, are not covered by worker's compensation, and pay for services is also not subject to income tax withholding.

(b) Individuals who are currently employed with Bowling Green state university may not be paid as an independent contractor.

(c) Individuals who have been employed with Bowling Green state university may not be paid as an independent contractor in the same calendar year that they were an employee holding the same position, with the same duties.

(2) Definitions.

(a) Independent contractor - An individual who performs a service for the university, but is free from substantial control or direction in the performance of his or her work under a contract of service. An independent contractor is always an individual and shall not be a corporation or other similar legal entity.

(i) Independent contractors usually have a skill or area of expertise not available within the university, and the need for their services commonly does not extend beyond a limited period of time in which to complete a defined project.

(ii) As a general rule, the university has the right to control or direct only the result of the work done by an independent contractor, and not the means and methods of accomplishing the result.

(iii) Independent contractors are further defined by the following criteria:

(a) No instructions. Independent contractors are not required to follow, nor are they furnished with, instructions to accomplish a job.

(b) No training. Independent contractors typically do not receive training by the university. They use their own methods to accomplish the work, but may have to use a university system to complete their work.

(c) Others can be hired. Independent contractors are hired to provide a result and may usually have the right to hire others to do the actual work.

(d) Independent contractor's work is not essential. The university's success or continuation should not depend on the service of outside independent contractors.

(e) No time schedule. Independent contractors set their own work hours and schedule.

(f) No permanent relationship. Independent contractors do not have a continuing relationship with the university. The relationship can be frequent, but it must be at irregular intervals, on call, or whenever work is available.

(g) Other jobs. Independent contractors should have enough time available to pursue other gainful work.

(h) Location. Independent contractors control where they work. If they work on the premises of the university, it is for convenience and not under the university's direction or supervision.

(i) Order of work. Independent contractors determine the order and sequence in which they will perform their work.

(j) No hourly pay. Independent contractors are paid by the job, not by time. Payment by the job can include periodic payments based on a percentage of job completed. Payment can be based on the number of hours needed to do the job times a fixed hourly rate. Payment method should be determined before the job commences.

(k) Multiple firms. Independent contractors often work for more than one firm at a time.

(l) Business expenses. Independent contractors are generally responsible for their own business expenses, although it is not uncommon for independent contractors to negotiate to contract for reimbursement for all associated travel expenses.

(m) Significant investment. Independent contractors should be able to perform their services without the university's facilities (equipment, office furniture, machinery, etc.). The independent contractor's investment in their trade must be real, essential, and adequate.

(n) Services available to the public. Independent contractors make their services available to the general public by one or more of the following: having an office and assistants; having business signs; having a business license; listing their services in a business directory; or advertising their services.

(o) Profit or loss possibilities. Independent contractors should be able to make a profit or a loss. Employees cannot suffer a loss. Five circumstances show that a profit or loss is possible: the independent contractor hires, directs, and pays assistants; the independent contractor has his own office, equipment, materials, or facilities; the independent contractor has continuing and recurring liabilities; the independent contractor has agreed to perform specific jobs for prices agreed upon in advance; and the independent contractor's services affect his own business reputation.

(p) Termination. Independent contractors' contractual agreement may be terminated for any reason by either party upon written notification.

(3) Responsibility

(a) Requesting department.

(i) The requesting department representative must initiate the completion of the independent contractor determination form and will forward all documentation to human resources for approval.

(ii) The requesting department representative is responsible for obtaining any supporting documentation, and attaching it to the independent contractor determination form.

(iii) An independent contractor working arrangement will not be commenced or entered into, without approval from human resources and the appropriate vice president.

(b) Independent contractor.

(i) The independent contractor will furnish the university with all applicable contract information.

(ii) The requesting department will have a contractual agreement that will be drawn by the university that will outline the expectations of the university for the assignment that the independent contractor will undertake.

(iii) If necessary the requesting department will secure a confidentiality agreement, signed by the independent contractor provided by the university.

(iv) The independent contractor may not subcontract work without BGSU written permission.

(c) Human resources and university counsel.

(i) Human resources, in consultation with university counsel, will approve or deny requested independent contractor employment agreements. No approval will be processed without the approval of the president or the appropriate vice president.

(ii) The purchasing department will be contacted when an independent contractor employment arrangement has been approved.

(d) Purchasing department.

(i) Purchasing will be notified by human resources should an independent contractor relationship be established.

(ii) The requesting department shall work with purchasing to ensure all documentation (vendor data form) is completed.

(iii) Once the independent contractor has been approved by purchasing as a vendor they will notify accounts payable of the approval.

(iv) Purchasing will determine if the payment to the independent contractor will exceed allowable limits and thus require a department to go through the request for proposal (RFP) process.

Date: November 1st, 2013

Effective: 3/17/2015
Promulgated Under: 111.15
Statutory Authority: 3345
Rule Amplifies: 3345

3341-5-31 Programs and activities with minor participants.

(A) Policy statement and purpose

(1) As part of its educational mission. Bowling Green state university (BGSU) sponsors many programs and activities that are specifically for minor children or in which minor children participate. The university also makes its facilities available to outside groups and organizations that conduct programs directed towards or that include minor children. BGSU is committed to providing a safe environment for all members of the university community as well as all those who participate in programs and activities on campus or who use or visit campus facilities. Because minor children are a particularly vulnerable population, this policy has been adopted to address the special concerns when minor children participate in university sponsored activities or other activities utilizing university facilities.

While the primary purpose of this policy is to protect minor children, adherence to this policy will also serve to protect members of the university community and other adults participating in programs involving minors from false allegations of abuse.

In addition to the requirements of this policy, employees and volunteers must adhere to obligations that may be imposed by applicable law, including but not limited to the Revise code sections 2151.421 and 2921.22 of the Revise code.

(B) Policy definitions

Care, custody, or control

When an adult(s) is present and has primary responsibility for supervision of minors at any given point throughout activity or program with minors. At least one adult must have care, custody, or control of minors at all times during covered programs.

Covered programs

Any: (1) event, operation, or endeavor operated, conducted, or organized by the university or by a third-party contracto, (2) that includes minors, and (3) during which parents or guardians are not expected to be responsible for the care, custody, or control of the minors.

Minor

Any participant in a covered program who is under the age of eighteen. This does not include persons under the age of eighteen who are enrolled for academic credit or have been accepted for enrollment.

One-on-One interactions

An intentional or purposeful interaction when one individual to whom the policy applies is alone with one minor.

Sponsoring entity

The entity offering the covered program. For programs offered by the university, the academic or administrative unit or registered student organization offering the program. For programs offered by third-party contractors, the organization or person that is contracting for the use of university facilities.

Third-Party contractor

A non-university entity contracting the use of university facilities to host events involving minors.

University facilities

Facilities owned by, or under control of, the university.

(C) Policy scope

(1) This policy applies to university programs and activities specifically designed for participation by minors, and all participants, employees, students, and volunteers who exercise direct supervision, chaperone, or otherwise oversee minors in the course of their duties in covered programs. This includes, but is not limited to:

(a) Activities and programs with minors the university operates on campus or in university facilities, including but not limited to overnight camps, licensed childcare facilities, instructional programs, day camps, academic camps, and sports camps.

(b) Activities and programs with minors the university operates that do not take place on campus, including but not limited to outreach and community service activities.

(c) Activities and programs with minors operated, conducted, or organized by third-party contractors which take place on campus or in university facilities.

(2) This policy does not apply to:

(a) Undergraduate and graduate academic programs in which individuals under the age of eighteen are enrolled for academic credit or who have been accepted for enrollment.

(b) Events on campus open to the general public, which minors attend, but the university is not accepting care, custody, or control for the minor.

(c) Enrolled BGSU students when hosting high school students, including prospective athletes, participating in pre-enrollment visitation.

(d) Institutional review board (IRB)-approved research.

(e) Minors working for the university as employees or interns.

(f) Employees or volunteers who may have incidental contact with minors but do not work directly with minors within a program or activity.

(g) Covered programs granted a specific exemption from part or all of the policy in advance of the event taking place, after a written request has been reviewed and approved by the exemption committee consisting of human resources, general counsel, and risk management.

(3) BGSU expects parents or guardians to provide supervision over minors on campus unless the minors are involved in a covered program. Parents or guardians should not leave minors unsupervised on university property.

(D) Policy requirements

The following requirements govern participation in covered programs. Details for each can be found in the procedures section.

(1) All covered programs must be registered with conference and event services.

(2) Those working in activities and programs with minors who witness child abuse or neglect, or have information that would lead a reasonable person to believe a minor faces a substantial threat of such abuse or neglect, must follow reporting procedures.

(3) Background checks must be completed on employees, students, and volunteers before working in covered programs and thereafter at the frequency specified in the procedure below.

(4) Sponsoring entities must ensure that individuals working in covered programs complete annual training on child abuse awareness, prevention, and reporting.

(5) Sponsoring entities must collect, at a minimum, a medical history, consent for emergency medical treatment, and a liability waiver for each minor participant in a covered program.

(6) Sponsoring entities must ensure appropriate supervision of minors in covered programs.

(7) Employees, students, and volunteers must adhere to the standards of behaviors set forth in this policy.

(8) If an exemption from specific policy requirements is desired, a written request must be submitted using the exemption process.

(9) Sponsoring entities and individuals must cooperate with investigations should they occur.

(10) Records must be kept consistent with this policy and the university records retention schedule.

(E) Violation and accountability

Individuals, entities, programs or units that violate this policy will be held accountable for their actions under the applicable program's standards of behavior and expectations, university policies and rules, and applicable law, including but not limited to:

(1) Volunteers are subject to reprimand or loss of volunteer status.

(2) Students are subject to the student code of conduct.

(3) Under the employee handbook or collective bargaining agreement applicable to them, employees, including student employees, who fail to comply with this policy, are subject to disciplinary action up to and including termination.

(4) Suspension or termination of the use of university facilities for a program or activity.

(5) Criminal investigation and prosecution.

(F) Procedures

(1) Registration

(a) Sponsoring entities must register each covered program in the programs and activities with minor participants registration system hosted by conference and event services.

(i) Registration is requested at least thirty days before a scheduled event; however registration is required before the start of any covered program.

(ii) Covered programs hosted by third-party contractors must be registered by the university entity facilitating the contract.

(2) Reporting

(a) "If you see something, say something"

(i) Every member of the university community has an obligation to report immediately abuse or suspected abuse or any other inappropriate interactions with minors to the BGSU police department or to the law enforcement agency having jurisdiction where the abuse is suspected to have occurred, and to the program director.

(ii) This includes information about suspected abuse, neglect, or inadequate care provided by a parent, guardian, or custodian/caretaker.

(b) Every member has a further obligation under Ohio law to make a report to the director of the department of social services in the county where the minor resides or is found.

Contact the BGSU police department at 419.372.2346 or the Erie county sheriffs department at 419.625.7951 on the Firelands campus for assistance with reporting requirements.

(c) No member making a good faith report of suspected abuse or neglect will be retaliated against in the terms and conditions of employment or educational programs or activities.

(3) Background checks

(a) The requirements for background checks under this policy are separate and distinct from those addressed in pre-employment background check policy. Background checks must be conducted on all employees, students, and volunteers working in activities and programs with minor participants as follows:

(i) Any employee, student, or volunteer working in activities and programs with minors, who is likely to have responsibility for the care, custody, or control of a minor as part of that activity or program, must have an Ohio bureau of criminal investigation (BCI) fingerprint background check completed before activity or program with minors begins.

(ii) Individuals required to be background checked who have not lived in Ohio for five consecutive years must have both a BCI and a federal bureau of investigation (FBI) check.

(iii) Individuals required to be background checked who have a break in service longer than twelve months must have a new BCI and/or FBI background check before working in activities and programs with minors.

(iv) A BCI check must be completed every four years to remain eligible to work in activities and programs with minors.

Covered programs may perform background checks on applicable individuals more frequently, and must do so if required by law.

(b) Parental consent must be given for the background check in the case of an individual under the age of eighteen requiring a check, unless the individual is a registered student.

(c) Background checks performed by a third party service, including those required at the time of hire for university employees, is insufficient for individuals requiring a background check under this policy.

(d) Authorized adults are required to notify human resources in writing within three business days of any charge or conviction.

(4) Training

(a) Sponsoring entities must ensure all employees, students, and volunteers are trained annually before they work in activities and programs with minors.

(b) Training content must include at a minimum the following topics:

(i) Child abuse awareness and prevention

(ii) Reporting suspected child abuse and neglect

(iii) All requirements in this policy

(c) Sponsoring entities, including third party contractors, may develop their own training program as long as it includes the above requirements at a minimum. A link to a training module which meets this requirement is available on the programs and activities with minor participants website hosted by the office of human resources.

(5) Supervision of minors

(a) The number of supervisors required shall be determined by taking into account all aspects of the covered program, including but not limited to the number and age of participants, the activity(ies) involved, whether housing or travel is involved, and the age and experience of the authorized adults.

(b) One-on-one contact with minors is prohibited, except in music programs involving private instruction, clinical programs, or similar programs in which the parent or guardian of the minor has been informed of the one-on-one instruction, been given the option to be present and has given written consent to the one-on-one contact.

(i) Except where clinical requirements necessitate it, one-on-one interactions with minors should take place in a room or other space that is in full view from outside the room even when the door is closed.

(ii) This prohibition does not extend to situations in which an authorized adult is actually transporting minors in university owned, rented, or leased vehicles from one program activity to another, provided that the driver is never alone with any minor and is transporting not less than two passengers.

(iii) For all other activities, there must be at least two adults, at least one whom is an authorized adult, present for all activities in which minors are present.

(iv) The prohibition against one-on-one contact extends to all interactions and communications, including those by telephone, mail, email, texting, or any other means or medium. Any communication by an authorized adult with a minor shall include a second adult or the parent or guardian of the minor as a party to the communication.

(v) Adults shall not be alone in vehicles with minor participants other than their own child.

(c) Sponsoring entities shall establish a procedure for checking minors in and out of the program. Minor participants shall not be allowed to leave the program except in the company of their parent(s), legal guardian(s), or someone authorized in writing by the same.

(d) When overnight supervision is required:

(i) No adult may enter a minor's room, bathroom facility, or similar area unless accompanied by another adult and one is an authorized adult.

(ii) Separate accommodations for adults and minors are required other than the minors' parents or guardians.

(6) Standards of behavior

(a) Adults working in covered programs must comply with these standards. By working in a covered program, adults agree to:

(i) Conduct themselves in a courteous and respectful manner, exhibit good sportsmanship, and be a positive role model for minors.

(ii) Respect, adhere to, and enforce the rules, policies, and guidelines established by the activity or program, this policy, and the university.

(iii) Refrain from engaging in any criminal activity.

(iv) Not intentionally or purposefully place themselves in a one-on-one situation with a minor.

(v) Not, under any circumstances, physically, sexually, verbally, or emotionally abuse or fail to provide the basic necessities of care applicable to the activity or program to minor participants.

(vi) Not engage or communicate with minors through email, text messages, social networking websites, internet chat rooms, or other forms of social media at any time except and unless there is an educational or programmatic purpose and the content of the communication is consistent with the mission of the program and the university.

(7) Exemption process

Requests for exemptions from this policy must be made in writing to the office of human resources. Requests for exemptions will be reviewed by the exemption committee consisting of human resources, general counsel, and risk management. Because of the nature of this policy, very few exemptions will be granted.

(8) Investigations

Investigations of allegations of child abuse or neglect will be conducted in accordance with the investigatory protocols of children service agencies, local law enforcement agencies, and the university.

(9) Third-party contractors

(a) Non-university entities engaging in programs or activities with minor participants utilizing university facilities shall execute the appropriate facility contract.

(b) Third-party contractors are required to meet the intent of this policy as a term of the facility contract, including background checks and training.

(c) The facility owner executing the contract is responsible for registering third-party covered programs, and ensuring the intent of this policy is met.

(10) Additional information regarding this policy, including details on program registration, training resources, and requesting an exemption, can be found on the programs and activities with minor participants page on the office of human resources website.

Effective: 9/30/2015
Promulgated Under: 111.15
Statutory Authority: 3345
Rule Amplifies: 3345

3341-5-32 Bonus policy.

(A) Policy statement and purpose

Exemplary job performance that well exceeds the usual expectations for the position should be encouraged, recognized and rewarded. The university adopts this policy to govern the awarding of one-time, lump-sum compensation that is outside of base salary or wages to reward exemplary performance.

(B) Policy

(1) Eligibility

To be eligible for a bonus under this policy a recipient must:

(a) Be an active, full-time or permanent part-time employee of the university.

(b) Not have received any disciplinary action for the previous year.

(c) Completed the probationary period, if classified staff.

(2) Consideration for a bonus shall be based on factors that include, but are not limited to:

(a) Exemplary work on a special project

(b) Achievement of significant departmental/project goals

(c) Development of or assistance with implementation of an idea or an initiative which improves a business process, results in cost-savings, or supports a university strategic goal

(d) Consistent exemplary performance in all areas, going well above and beyond the normal expectations

(3) Bonus consideration shall not include consideration of the following factors:

(a) Holidays, length of service, or work anniversaries

(b) Consistently meeting expectations of the full performance standards as assigned by the position

(c) Situations to which the provisions of other rules and/or collective bargaining agreements are applicable salary increases

(d) Changes in duties or responsibilities that result from transfer or reassigning responsibilities to another person or unit

(e) Perfect attendance record

(4) Other considerations

(a) This bonus program shall not apply to employees who are represented by a collective bargaining agreement; or to employees whose employment contracts otherwise provide for earning performance based bonuses or to employees whose positions are funded, in whole or in part, on external grant funds unless the grant agreement allows for the use of grant funds for payment of bonuses.

(b) Bonuses are discretionary. This policy creates no enforceable contract right.

(c) Bonuses are dependent on the availability of funds as determined by the unit administrator, vice president and university president.

(d) A bonus will be a one-time payment. Bonuses are not added to base salary.

(e) Funding of bonuses will be the responsibility of the employing unit or division.

(f) Funding exceptions for special projects may be accepted and approved by the divisional vice president or president.

(g) Bonuses will be processed through the university payroll system. The applicable deductions and federal state tax contributions will be taken.

(h) The minimum bonus that may be paid under this policy is two hundred fifty dollars. The maximum bonus amount that may be paid under this policy is two thousand dollars.

(i) Bonus payments below the minimum amount or above the maximum amount or under circumstances not provided for by this policy shall require the prior written approval of the university president.

(j) Bonus payments must comply with all state and federal laws and regulations.

(k) This policy is subject to revocation or modification at the administration's sole discretion.

(5) Procedure

Recommendation and approval for any bonus shall be made solely at the discretion of the departmental manager/director, vice president, dean or president and shall not be subject to appeal or further review.

(a) The department manager/director or vice president shall complete the bonus submission form and submit the information to the appropriate dean/director/vice president for review.

(b) The divisional vice president shall provide final approval, or not, in consultation with the chief human resources officer or the appropriate designee to ensure the request meets the required criteria.

(c) Approved bonus payments will be processed in December, through the payroll department.

Date: November 9, 2015

Effective: 12/14/2015
Promulgated Under: 111.15
Statutory Authority: 3345
Rule Amplifies: 3345

3341-5-33 Anti-harassment.

(A) Policy statement and purpose

This policy is intended to educate the university community on the types of discriminatory harassment that will not be tolerated at Bowling Green state university.

(B) Policy

Bowling Green state university strives to provide an environment that is free of harassment. The university's policy against discriminatory harassment applies to all faculty, students, staff, contractors, and vendors. The policy covers harassment based on sex, gender identity, genetic information, gender expression, sexual orientation, race, color, religion, ancestry, national origin, marital status, disability, pregnancy, age, military status and status as a special disabled or Vietnam-era veteran. Sexual harassment is the subject of a separate policy. Members of the university community should bring problems or questions regarding discriminatory harassment to the attention of the office of human resources.

Replaces: 3341-4-01

Effective: 3/3/2017
Promulgated Under: 111.15
Statutory Authority: 3345
Rule Amplifies: 3345
Prior Effective Dates: 3/4/15

3341-5-34 Equal education opportunity.

(A) Policy statement and purpose

This policy sets forth the expectations and responsibilities for maintaining an educational environment free of unlawful discrimination and harassment.

(B) Policy

Bowling Green state university is committed to providing faculty, staff, and students with an environment where they may pursue their careers or studies free from discrimination. The office of human resources is responsible for administering the university's equal opportunity and anti- harassment policies. The office exists, in part, to ensure that all members of the university community understand their responsibility to create and maintain an environment free from discrimination and harassment.

The university pledges itself to the broad application of the Civil Rights Act of 1964, as amended, in particular Titles VI and VII, Executive Order 11246, Title IX of the Education Amendments of 1972, the Americans with Disabilities Act of 1990, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, the Vietnam Era Veterans' Readjustment Assistance Act of 1974, and Chapter 4112, of the Revised Code.

(C) Bowling Green state university is committed to providing equal educationa lopportunity. The university provides access to educational programs and activities without regard to race, sex, gender identity, genetic information, gender expression, sexual orientation, color, national origin, ancestry, religion, age, marital status, disability, pregnancy, military status, or status as a special disabled or Vietnam-era veteran. The policy with respect to sexual orientation does not apply to the university's relationships with outside organizations, including the federal government, the military, and ROTC. The office of human resources is responsible for equal educational opportunity compliance.

(D) Retaliation against members of the Bowling Green state university community who exercise their right to file charges of discrimination or harassment is strictly prohibited by state and federal law and university policy. Retaliation is prohibited whether or not the charging party prevails in the original charge. Subsequent to, or contemporaneous with the charge, no agent of the university may harass, coerce, intimidate, or discriminate against an individual who has filed a complaint or participated in the complaint resolution process. Charges of retaliation will be investigated by the office of human resources. Investigations will be handled on an individual, case-by-case, basis considering the complete record and all relevant circumstances. Investigations will be conducted as fairly and expeditiously as possible assuring confidentiality for both the complainant and the respondent to the extent possible. Nothing in this policy should be interpreted as interfering with the practice of academic freedom at Bowling Green state university.

Replaces: 3341-4-02

Effective: 3/3/2017
Promulgated Under: 111.15
Statutory Authority: 3345
Rule Amplifies: 3345
Prior Effective Dates: 3/4/15

3341-5-35 Equal employment opportunity.

(A) Policy statement and purpose

This policy sets forth the expectations and responsibilities for maintaining an employment environment free of unlawful discrimination and harassment.

(B) Bowling Green state university is committed to providing faculty, staff, and students with an environment where they may pursue their careers or studies free from discrimination. The office of human resources is responsible for administering the university's equal opportunity and anti- harassment policies. The office exists, in part, to ensure that all members of the university community understand their responsibility to create and maintain an environment free from discrimination and harassment.

The university pledges itself to the broad application of the Civil Rights Act of 1964, as amended, in particular Titles VI and VII, Executive Order 11246, Title IX of the Education Amendments of 1972, the Americans with Disabilities Act of 1990, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, the Vietnam Era Veterans' Readjustment Assistance Act of 1974, and Chapter 4112, of the Revised Code.

(C) Bowling Green state university is committed to providing equal employment opportunity. The university prohibits discrimination against employees and applicants for employment on the basis of race, sex, gender identity, genetic information, gender expression, sexual orientation, color, national origin, ancestry, religion, age, marital status, disability, pregnancy, military status, or status as a special disabled or Vietnam-era veteran. The office of human resources is responsible for equal employment opportunity compliance.

(D) Retaliation against members of the Bowling Green state university community who exercise their right to file charges of discrimination or harassment is strictly prohibited by state and federal law and university policy. Retaliation is prohibited whether or not the charging party prevails in the original charge. Subsequent to, or contemporaneous with the charge, no agent of the university may harass, coerce, intimidate, or discriminate against an individual who has filed a complaint or participated in the complaint resolution process. Charges of retaliation will be investigated by the office of human resources. Investigations will be handled on an individual, case-by-case, basis considering the complete record and all relevant circumstances. Investigations will be conducted as fairly and expeditiously as possible assuring confidentiality for both the complainant and the respondent to the extent possible. Nothing in this policy should be interpreted as interfering with the practice of academic freedom at Bowling Green state university.

Replaces: 3341-4-03

Effective: 3/3/2017
Promulgated Under: 111.15
Statutory Authority: 3345
Rule Amplifies: 3345
Prior Effective Dates: 3/4/15

3341-5-36 Racial and ethnic harassment.

(A) Policy statement and purpose

The policy of Bowling Green state university is that racial and ethnic harassment will not be condoned. Moreover, the university will use its influence and encourage the community-at-large to treat its students, faculty and staff and affiliated visitors in a manner consistent with the principles of this policy. The policy is in keeping with the spirit and intent of federal, state, municipal and university guidelines governing racial discrimination.

(B) Policy

(1) Definition

Racial and ethnic harassment constitutes any physical or verbal behavior that subjects an individual to an intimidating, hostile or offensive educational, employment or living environment. Such harassment:

(a) Denigrates or stereotypes an individual because of his or her racial or ethnic affiliation;

(b) Demeans or slurs an individual through pictorial illustrations, graffiti or written documents or material because of his or her racial or ethnic affiliation;

(c) Makes unwarranted and disparaging references or innuendos in attributing an individual's personal conduct, habit or lifestyle to his or her racial or ethnic affiliation.

(2) Regulations

(a) It is a violation of university policy and the student code for any member of the faculty, administrative and classified staff or student body to engage in harassment.

(b) It is a violation of university policy to retaliate against anyone bringing forth an honestly perceived complaint of racial or ethnic harassment.

(3) Responsibilities

(a) On a university-wide basis, the office of human resources is responsible for the coordination and implementation of Bowling Green state university's racial and ethnic harassment policy. This office will serve as the resource with regard to all matters of this nature.

(b) Each dean, director, department chair, and administrative head of an operational unit is responsible for the dissemination and implementation of this policy within his or her area of responsibility. Persons at this level are also responsible for referring reported incidents of racial and ethnic harassment to the office of human resources.

(c) It is expected that each faculty member, administrative staff member and classified staff member will ensure adherence to this policy within his or her area of responsibility. Such efforts are largely a matter of good faith.

(d) It is the responsibility of all members of the university community to discourage harassment, report such incidents and cooperate in any investigation that might result.

(4) Principles

(a) In investigating complaints of unlawful racial or ethnic harassment, the following principles will be adhered to:

(i) Each complaint will be handled on an individual, case-by-case basis, taking a look at the record as a whole and at the totality of circumstances.

(ii) The investigation will be conducted as fairly and expeditiously as possible.

(iii) In investigating complaints, every effort will be made to ensure confidentiality.

(iv) An individual bringing forth an honestly perceived complaint will not suffer any type of retaliation regardless of the outcome of the complaint.

(v) The complaint will be resolved in a manner that is consistent with this policy and also fair and equitable to all parties concerned.

(vi) Nothing in this policy should be interpreted as interfering with the practice of academic freedom at Bowling Green state university.

(vii) The purpose of this policy is to end racial and ethnic harassment, and, therefore, it may not be used by a complainant to achieve personal goals not in conformity with the purpose of this policy.

Replaces: 3341-4-04

Effective: 3/3/2017
Promulgated Under: 111.15
Statutory Authority: 3345
Rule Amplifies: 3345
Prior Effective Dates: 3/4/15

3341-5-37 Retaliation.

(A) Policy statement and purpose

This policy is intended to educate the university community on how it is a violation of state and federal law and university policy to retaliate against anyone bringing forth a complaint of discrimination or harassment.

(B) Policy

Bowling Green state university is committed to providing faculty, staff, and students with an environment where they may pursue their careers or studies free from discrimination. The office of human resources is responsible for administering the university's equal opportunity and anti-harassment policies. The office exists, in part, to ensure that all members of the university community understand their responsibility to create and maintain an environment free from discrimination and harassment.

The university pledges itself to the broad application of the Civil Rights Act of 1964, as amended, in particular Titles VI and VII, Executive Order 11246, Title IX of the Education Amendments of 1972, the Americans with Disabilities Act of 1990, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, the Vietnam Era Veterans' Readjustment Assistance Act of 1974, and Chapter 4112, of the Revised Code.

(C) Retaliation against members of the Bowling Green state university community who exercise their right to file charges of discrimination or harassment is strictly prohibited by state and federal law and university policy. Retaliation is prohibited whether or not the charging party prevails in the original charge. Subsequent to, or contemporaneous with the charge, no agent of the university may harass, coerce, intimidate, or discriminate against an individual who has filed a complaint or participated in the complaint resolution process. Charges of retaliation will be investigated by the office of human resources.

(D) Investigations will be handled on an individual, case-by-case, basis considering the complete record and all relevant circumstances. Investigations will be conducted as fairly and expeditiously as possible assuring confidentiality for both the complainant and the respondent to the extent possible.

(E) Nothing in this policy should be interpreted as interfering with the practice of academic freedom at Bowling Green state university.

Replaces: 3341-4-05

Effective: 3/3/2017
Promulgated Under: 111.15
Statutory Authority: 3345
Rule Amplifies: 3345
Prior Effective Dates: 3/4/15

3341-5-38 Sexual harassment.

(A) Policy statement and purpose

It is the policy of Bowling Green state university that sexual harassment will not be condoned. This policy applies equally to faculty, administrative and classified staff, and students and is in keeping with the spirit and intent of guidelines on discrimination because of sex.

(B) Policy

(1) Definition

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:

(a) Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or academic pursuits,

(b) Submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions affecting such individual, or

(c) Such conduct has the purpose or effect of unreasonably interfering with an individual's employment or academic performance or creating an intimidating, hostile or offensive working or educational environment.

(2) Regulations

(a) It is a violation of university policy for any member of the faculty, administrative and classified staff, or student body to engage in sexual harassment.

(b) Retaliation against members of the Bowling Green state university community who exercise their right to file charges of discrimination or harassment is strictly prohibited by state and federal law and university policy. Retaliation is prohibited whether or not the charging party prevails in the original charge. Subsequent to, or contemporaneous with the charge, no agent of the university may harass, coerce, intimidate, or discriminate against an individual who has filed a complaint or participated in the complaint resolution process. Charges of retaliation will be investigated by the office of human resources.

(3) Responsibilities

(a) On a university-wide basis, the office of human resources is responsible for the coordination and implementation of Bowling Green state university's sexual harassment policy. This office will serve as the resource with regard to all matters of this nature.

(b) Each dean, director, department chair, and administrative head of an operational unit is responsible for the dissemination and implementation of this policy within his or her area of responsibility. Persons at this level are also responsible for referring reported incidents of sexual harassment to the office of human resources.

(c) It is expected that each faculty member, administrative staff member and classified staff member will ensure adherence to this policy within his or her area of responsibility. Such efforts are largely a matter of good faith.

(d) It is the responsibility of all members of the university community to discourage sexual harassment, report such incidents, and cooperate in any investigation that might result.

(4) Principles

In investigating complaints of unlawful harassment and discrimination, the following principles will be adhered to:

(a) Each complaint will be handled on an individual, case-by-case basis, taking a look at the record as a whole and at the totality of circumstances.

(b) The investigation will be conducted as fairly and expeditiously as possible.

(c) In investigating complaints, every effort will be made to ensure confidentiality.

(d) An individual bringing forth an honestly perceived complaint will not suffer any type of retaliation regardless of the outcome of the complaint.

(e) The complaint will be resolved in a manner that is consistent with this policy and also fair and equitable to all parties concerned.

Replaces: 3341-4-06

Effective: 3/3/2017
Promulgated Under: 111.15
Statutory Authority: 3345
Rule Amplifies: 3345
Prior Effective Dates: 3/4/15

3341-5-39 By-invitation appointments.

(A) Policy statement and purpose

It is the policy and practice of Bowling Green state university that an appropriate search will be conducted for all available positions. An appropriate search is one that conforms to the university's official hiring procedures for faculty, administrators and classified staff. These procedures were established pursuant to the university's affirmative action and EEO obligations, and are intended to assure full and fair consideration of all applicants for employment. It is recognized that there may be exceptional circumstances in which it would be in the university's interest to deviate from our standard search procedures. These circumstances, by virtue of their exceptional nature, will be rare.

(B) Policy

(1) Conditions warranting search waiver

(a) In cases where the hiring unit has an opportunity to hire an exceptional individual whose employment will add national or regional prestige and distinction to the university.

(b) In cases where the hiring unit is underutilized and has an opportunity to hire a minority or female individual whose employment will enhance the diversity profile of the unit and the university.

(c) In cases where the circumstances, such as unavailability of hiring personnel, or extenuating time constraints will not permit the normal search to be conducted and an acting or interim appointment is deemed inappropriate.

(2) Procedures

In such circumstances, written justification detailing a compelling reason for waiving the search must first be presented and approved by the president.

Position authorization and appointment activity forms must be completed and submitted with the written justification for hire by-invitation.

Once approval has been granted by president, the documentation should be forwarded to the office of human resources for review and approval.

The hiring unit may not proceed with a by-invitation appointment without the required approvals.

Replaces: 3341-4-07

Effective: 3/3/2017
Promulgated Under: 111.15
Statutory Authority: 3345
Rule Amplifies: 3345
Prior Effective Dates: 3/4/15